Loading...
HomeMy WebLinkAbout380591 J 2 CONTRACTORS - PURCHASE ORDER - 9111942City of Frt Collins Date: 12/15/2011 Vendor: 380591 J 2 CONTRACTORS PO BOX 129 GREELEY Colorado 80632-0129 PURCHASE ORDER PO Number Page 9111942 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 04/07/2011 Buyer: Z JOHN STEPHEN Note: / Line Description Quantity UOM/ Unit Price Extended Ordered Price i s add per Mindy 1 LOT /EA 0.60 to close out file City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total $0.60 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By suture the City of Fnrt Collins is exempt from state and local nixes. Our Exemption Number is 11. NONWAIVER. 9R-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tells iad conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or ocmcdies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for good hereunder or approval ofthe design, shall 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goods. regardless instructions farm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pamened oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort 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. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual cennomic practice, overcharges occulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchnscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 80522. unless acquired under federal err state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most 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 be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Seller. and the Seller thereafter indicates its inability or um'ill ingncss to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means mulahIc to it, and the Seller shall pay all costs associmcd with such , Luck _ Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political sulxlivision 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinumcs, rules sad requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the gems and conditions stated herein set forth and any supplementary or additional Isms and conditions annexed hacto or incorpnmred herein by reference. Any additional or different tells and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if von cannot make complete shipment to arrive on vour promised delivery date as noted. Time is ofthe cssrnes. Delivery and performance most be effected within the tine stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purehaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes rim reasonably foreseeable which arc beyond its reasonable control and without its fmdt of negligence, such acts of God, acts ofeivil or military authorities governmental priorities, fires, strikes, food, epidemics, wits or riots pmvidcd 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 dare of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnfs that all good, articles, materials and work covered by this order will conform with applicable dmwinge, specifications, samples and/or other descriptions given, will be 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 stiffer or incur on account of the Sellers breach ofwamnty. The Seller shall replace. repair or make good, without cost to the purchaser, any deicers or fauns arising within one (I) year or within such longer period of time as may be prescribed by law or by the tans ofany applicable wamnty provided by the Seiler after the date of acceptance office goods furnished hereunder (acceptance nor to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiwmr ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages ptoaimately caused by the breach of any office foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change oiler. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tells, other than legal tells, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change officers the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment betocen the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the 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 tcrmimnion shall rel iese the Purchaser or the Seller of any of their obl igntions as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said. delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, render, or convey, this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllerwamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of anv tier from all liability and claims of any nature resulting from the performance ofsuch work. This release .shall apply even in the event of fault of negligence of the parry relcnsed and shall extend to the directors. officers and employees of such party. The Scllcr's contractual obligations, including ,am my, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save ham less the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofmch infringement at any time during the prosecution ar after the completion of the work. In case said equipment. or any pan 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 own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the mare with substantially equal but noninfriging equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or binkmpt make an assignmem for the benefit of creditors. 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 nftemns used or the interpretation ofthe agreement and the rights craft panics hereunder shall be consmod under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repnsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the came is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, 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 to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and antomobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person. 5500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Pumhieenvith a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees rho such compensation and insurance shall be maintained until Lifer 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. Inns or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the execution office work provided for in this purchase order or in connection herewith. The Seller will indemnify mud hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and ill claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons err property to which the Purchaser may be put or subject by reason ofany act, action, neglect, omission or default ern the pan of the Seller, any of his contractors, or any of the Sellers or contmeters officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at 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 if officers, agents or employees as aforesaid, the Seller hereby agrees re to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, in omcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oficcrs, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the popery of the Purchaser, or said parties in or as a result of such suits err other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, famish and install all guards necessary for the pm%cnfion of accidents, comply with all Imw:s and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 0312010