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HomeMy WebLinkAbout457580 J F SATO & ASSOCIATES - PURCHASE ORDER - 9952494Fort Collins Date: 12/20/2011 Vendor: 457580 J F SATO & ASSOCIATES 5898 S RAPP ST LITTLETON Colorado 80120 PURCHASE ORDER PO Number Page 9952494 1of This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 04/22/2009 / Buyer: JOHN STEPHEN Note Line Description "`"011"`Y UOM Unit Price �ALVIIueu Ordered Price 3 PO accidently closed 1 LOT EA 14,717.38 Hi John I closed JF Sato' s PO #9952494 by accident. Will you put the $ J Christie White Financial Coordinator City of Ft. Collins, Engineering Dept. (970) 221-6606 cwhite@fcgov.com 9-0-� Q, O,AA�� �e- 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 717.38 back into the PO? Thanks so much!!! Total Invoice Address: $14,717.38 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-tW502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon shier performance of the terms and conditions hereof, failure or delay to Internal Rcscnuc. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). "etc ise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, eitherwhen 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 night of the damage in transit, may be returned to you for credit and an not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior Or subsequent default hereunder. nor shall any lamponed oral modification or rescission of Ih is purchase order by the Pumhascr operate as a waiver of any of the terms Inspection. GOODS are sul+icct to the City of Fort Collins inspection on amen]. 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 economic practice overcharges resulting from antitrust ACCEPTANCE is dgsndent upon completion ofall applicable required inspection procedums. violations arc in fact borne by the Purchaser. Theretofore, for grad cause and as considemtion for executing this purchase order. the Seller hco by assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods 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 must accompany invoice. Additional charges for pocking will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dishibming points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconfmmning or defective goods by a date to be agreed upon by the expected Imam the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller -anal the Seller therafter indicates its inability Or unwillingness to amply, the Purchaser shipments are made fmm greater distance, may cause the work to be performed by the most expeditious means available to it, and the Scller shall pay all costs assmiamd 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 rules 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 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, rcgulatimm nniinances. rules and requirements. Andu rintion. All panics to this contract agree that the representatives are. in fact. hona tide 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 hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial Ime deliveries, shall operate as a waiver of this prevision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaing this order clscwhem and holding the Seller liable far damages. However, the Seller shall not be liable for damages as n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts ofGod, acts ofcivil or military authorities, governmental priorities, fins, strikes, flood, epidemics, wars or rims 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 knmvlydge thereof. In the event crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will eonfom with applicable dmwinpp, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pafomed 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 fmm any loss, damage or expense which the Purchaser may ,offer or incur on account of the Sellers breach of w'amnty, The Seller shall replace, repair Or make good, without cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably dcl ayed), resulting fmm imperfect or defective work done nr materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wr mmy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions Exam the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affcats the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. 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 between the panic as to any work or materials then in progress provided thatahe Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adusnnent be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligamas as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or teminntion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants 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 goods are 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 this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hornless 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, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title In the Purchaser for all equipment materials and items famished in performance of this agreement, free and clear of any and all liens, restrictions, msen ations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nation, resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch pony. The Seller's eonmmml obligations, including wamnry, shall not be deemed to he reduced, in any way, because such work is performed or caused to be fa domed 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 harmless 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 indcmnify the Pmchascr for any cast, cxpcnsc or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ther the completion of the work. In case said cquipnnal. 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 own 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 noninfrfnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a rcecivcr or tmstec for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the inteTrcutiof Offloc agreement and the rights nfz11 panics hereander shall be construed under and governed by the laws of the 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 Reprcsentato"(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty On said work at Seller's men risk until the same is fully completed and feccptcd, and shill, in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's 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. afford. ,fore 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 entered 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 any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300.0NIO for any one person. S500.000 for any one accident and property damage limit per accident of Sann.00n. The Seller shall likewise require his contractors Wray. to Provide for such compensation and insurance. Before any of the Seleas or his contractors employees shall do any work upon the premises of others. the Seller shall furnish the Pumhasnvith a ecnifieatc that such compensation and insurance base been pmvidcd. 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 Scller agrees thol .such compensation and insurance shall he maintained until after the entire ,,,,it is completed and nccepfed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution ofthe work provided for in this purchase order or in connMion herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Punhasers officers, agents and cmplo)ccs Form and against any and all claims, losses, damages. charges Or expenses, whether direct or indirect and whether to person, or pmpcny to which the Purchaser mat be put or subject by reason of any act, action. neglect, emission or default on the part of the Seller, any Of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its Officers, agents or employees many 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 Sellers own expense, to pay any and all costs, charges, amomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Puchaser or any of its or their officers, agents Or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or omnined against the property, of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gnarls necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and fit roles and regulations issued pursuant thereto. Revised 0312010