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HomeMy WebLinkAbout107087 COLORADO DEPT OF LABOR & EMPLOYMENT DIV OF - PURCHASE ORDER - 9120035City Of PURCHASE ORDER PO Number Page 9120035 1 1 of 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 107087 Ship To: RISK MANAGEMENT DIVISION COLORADO DEPT OF LABOR & EMPLOYMENT CITY OF FORT COLLINS DIVISION OF WORKERS COMPENSATION 215 N MASON, 2ND FLOOR 633 17TH ST SUITE 400 FORT COLLINS Colorado 80524-4 1515 ARAPAHOE ST Delivery Date: 01/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Premium for Work Comp 1 LOT LS 25,000.00 c3 Cam, . ov�.�Q s U 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 Total 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 statute the City of Fan Collins is exempt Form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Ccnifieate of Registry 94-60005117 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failore or dclav to Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedic, provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval afthe design, shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to meer specifications, either v,hen shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may he rcmmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcmefor any ofits rights or remedies as to any such goods, regardless instructions franc the Cite of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or remission 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 ANT [TRUST CLA I MS. authorized payment oa the pan of the City of Fort Collins. However, it is to be understmd that FINAL Seller and the Pummser recognize that in actual econamic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact bore by the Purchaser. 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 oner have or hema0er Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St. Fort Collins. CO 90522. unless acquired under federal or state antitmst Imes 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 byline Purchaser pursuant to this purchase order. bill must accompany invoice. Additionnl charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufactumm have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seiler to correct nonconforming or defective grad by a date to be agreed upon by the expected firm the nenrest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pcmils. Seller shall prance at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Hiles 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 Fon Collins harmlm from and against all liability and loss incurred by them by reason of en asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorlmtion. All panics to this contract agree that the representatives arc, in fact bona Ede and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein scl forth and any supplementary or additional toms and conditions nnnexed hereto or incorprou ed herein by reference. Any additional on different term and conditions proposed by scllcrare objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and perl'omuncc 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 late deliveries shall openness a wnivcr of This provision. In the event of any delay, the Purchascr shall have, in addition coacher legal and equitable rcmcdics, the option affirming this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or militaryanthoritics, govemmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days ofthe time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be c¢tcndcd for the period equal to the time actually loss by reason offl a delay. 3. WARRANTY. The Seller wamnty that all grads, anicics, materials and work covered be this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the porpoises intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Iosc, damage or expense which the Purchascr may suffer or incur on account of the Sellers; breach of warranty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchascr shall not constitute a wnivcr ofany claim under this warm my. 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 wamntics or guarantees, but such liability shall in no even, include last of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Putchaser may make changes to legal terns, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal term, including additions to or deletions from the quantities originally mdesd in the specifieafons or drawings, by verbal at written change under. If any such change affects the amount due or the time ofprrformance 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 m any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplard portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with unities, to any goods which arc the Sellers standard stock. No such mmumation shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished 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 he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless From 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 parry. 10. TITLE. The Seller wamnty full, clear and amostrictcd title to the Purchaser for all equipment, materials, and items famished in perfomance of this agreement, free and clear of any and all liens, restrictions, resenations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contmctnrs of any net 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 released and shall extend to the directors, officers and enmplovecs ofsuch parr. The Seller's conmcnal obligations, including wamnty, shall not be decried to be reduced, in any way, because such work is performed or caused to be 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 harmless the Purchascr Farm 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 Puchascr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccation or enter 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 at pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hanknipt make an assignment for the benefit of creditors, appoint a receiver or trustee for ray of the Sellers property or business, this order may forthwith be canceled by the Pnmhaser without liability. 16. GOVERNING LAW. The definitions afteme, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Repreventative(s), on the premises ofothcm. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destnetion or injury to the work and/or materials before Selleh final completion and acceptance. complete the work at Seller, own expense and to the satisfaction ofthc Pumha er. When materials and equipment arc famished by others for installation or erection by the Seiler. 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 famished by the Seller under the order. 18. 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 he done. The Seller shall also carry comprehensive gerund liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death dim its of at least S300.000 for any one permn. S5001000 far any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before tiny of the Scllcrs or his contractors cmplovecs shall do any work upon the premises ofmhers, the Scllcr shall furnish the Putehaser with a cenificatc that such compensation and insimmnce 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 that such compensation 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 rod liability for any and all damage, Iosc ar injury of soy kind or nature whatsoever to persons or pmpery caused by or resulting From the execution ofthe work pmvidcd for in this purchase order or in connection Immwith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers aRccrs. agents and employees From and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors. or any of the Scllcrs 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 at any time on account or by reason of any act, aclion, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforexnid, 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, anomcys fees and other expenses, any and all judgments that may he immured by or obtained against the Purehuser 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 obtained against the pmperty of the Purchascr, 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 guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010