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HomeMy WebLinkAbout465414 CONSOLIDATED DIVISIONS INC - PURCHASE ORDER - 9956759PURCHASE ORDER PO Number Page City Of9956759 ' of z `t Collins OlI n CJ This number must appear ` on all invoices, packing silos and labels. Date: 03/04/2011 Vendor: 465414 CONSOLIDATED DIVISIONS INC 5585 W AIRPORT ROAD SEDALIA Colorado 80135 Ship To: NATURAL RESOURCES CITY OF FORT COLLINS 200 W. MOUNTAIN FORT COLLINS Colorado 80521 Delivery Date: 11/10/2009 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price s addendum C3. O✓l�:sQ�L City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 0.01 $0.01 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tem1s and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tam exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60M587 is registered with the Collector of Failure of the Purchaser to insist upon strict perrm foance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, sholl not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be remmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist open strict performance Immofor any of its rights or remedies as to any such goods. regardless instructions fear, the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. an, shall any preferred oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hmwcver. it is to be understood that FINAL Seller and the Perclnser recognize that in acmel economic practice, overcharges resulting front animist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller herchy assigns to the Parehaser any and all claims it may now have or hereafter Freight Terms. Shipment most be F.O.B.. City of Fort Collins, 700 Wood St. Pon Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges minting to the parlicular goods or services otherwise specified on this order. If permission is given to pmpay freight and charge separately, the original freight Purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed open by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller therca0er indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work in be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and toles of the state. municipality, territory or political subdivision where the work is Performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless From and against all liability and loss incurred by them by reason of an assnncd or established violation ofany such laws, regulations, ordinances, miss and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. man fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hucto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller am objected m and bombs rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as anted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached more. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Homcvcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ufacgligenee. such acts of God, act ofcivil or military authorities, governmental priorities, fares, strikes, flood, epidemics, mars or rids provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and wnrk covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, mill he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage Or expense which the Purchaser may suffer or incur an account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I I year or within such longer period of time as may be prescribed by law or by the acme of any appl icahlc wamnty provided by the Seller anet the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work deny or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as ethervtse provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include Ins, of proms or Inc of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERNS. The Purchaser may make changes to legal terms by wrinen change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the more. other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change ader. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all potions of the good then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller ofany of their obligations as to any goods delivered heeundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller vatmnts that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goMs am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of thi, character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser h nri from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due Immundu without the prior written consent of the other party. 10. TIT LE. The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims efo tom. The Seller shall relcaac the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting Foam the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees ofsuch pare. The Seller's centmemat obligations, including wamnty, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchnscr. 14, PATENTS. Whenever the SCIICT is required to use any design, device, materiel or pmecss covered by letter, patent trademark or copyright, the Scllcr shall indcmnify and save harmless the Purchaser from any and all claims for inftngcamet by reason of the use of such patented design, device, material or process in connection with the contract, and shnll indemnify the Purchaser Friary cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or aRCr the completion of the work. In case said equipment, or any part thereof Or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its torn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aftcros used m the interpretation ofthe agrccmmnt and the rights efall panics hereunder shall be construed under and govcrncd by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform wnrk hereunder, including the services of Sellers RcTescru ivc(s), on the premises of n0ers. 17. SELLERS RESPONSIBILITY. The Seller shill carry on said work at Sellers own risk unit the same is fully completed and accepted, and shall, in case of any occident destruction or injury to the work and/or matcrids before Seller's Fred completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, onlead. store and handle same at the site and become responsible therefor as though such materials and/or equipment very hying furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including nccupmional disease byncfns, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is 1. be done. The Seller shall also carry comprehensive general liability including, but not limited to. eontert al and automobile public liability insurance with tidily injury and death limits of at least S300.000 for any one person, S500.000 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises ofethem, the Seller shall furnish the Purchaser with a certificate that such coumnsmion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have horn provided. Such certificates shall ,specify the date when such compensation and insurance expires. The Seller agrees that such compenv Lion and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind ar nature whatsoever to persons or property cursed by or resulting front the execution ofthc work provided for in this porchaee order Or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all Of the Purchasers officer, agents and employees From and against any and all claims. losses, damages. charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be put or subject by reason ofany act. action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offecm. agents or employees. In case any suit or other proceedings shill be brought against the Purchascr, or its effects, agents or employees m any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense to pay any and all costs, charges. attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchascr Or any of its or their officers. agents or employees in such suit or other proceedings, and in ease judgment or other lien be placed upon or obtained against the pmpcny of the Purchascr, or said panics in or as a result of tech suits or other proceedings. the Seller will a1 once cause the same to be dissolved and discharged by giving bond or othcrvise. The Seller and his contractors shall Inks all safety precautions. famish and install Al guards necessary for the prercation of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Herillh Act of 1970 and all roles and regulations issued parsonat better, Revised 03/2010