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HomeMy WebLinkAbout404348 DORN COMPANIES - PURCHASE ORDER - 9120044PURCHASE ORDER PO Number Page City Of 9120044 1of2 Flirt This number must appear ,fit—J`-' ` CollinsJ on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 404348 DORN COMPANIES 1200 HUMBOLDT ST SUITE 1501 DENVER Colorado 80218 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price TRT Treatment 1 LOT LS 10,000.00 TRT treatments 2 TRT Treatment TRT treatments C3. Oi'1��v2� 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 1 LOT LS 10,000.00 Total $20,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0W502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay m 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 went of a breach, the acceptance ofor payment for goods hereunder nr approval ofthe deign, shall not release the Seller of Grads Rejected. GOODS REJECTED due to failure to meet spmificationa, 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 returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or rcmcdics as to any such gmds. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nail modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS am 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, ASSIGN M ENT OF ANTITRUST CLA I M S. authorized payment on the pan of the City of Fort Collins. However, it is to be ondmtmd that FINAL Seller and the Purchaser recognize that in accord economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion o(a1I applicable required inspection preedurcs. violations are in fact home 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 now have or hereafter Freight Terns. Shipments must he F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 90522, 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 most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufactures have distributing points in various pans of the country, shipment is Ifthe Purchaser dimes the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the rarest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchoser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work_ Permits. Scllcr shall proarm at sellers sole cost all ncussary permits, eenificams and licenses required by all applicable laws, regulations. ordinances and roles ofthe state, municipality, territory or political subdivision when 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 fmm and against all liability and loss incurred by them by remen of an asserted or established violation of any such laws, regulations, ordinances, rules and ox uircmcnt. Authorimlion. All panics to this contract agree that the mpresenmtives are in fact. bona fide and pt sess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tells and conditions stated herein set forth and any supplemcnmry or additional tans and conditions annexed hereto or incorporated herein by reference Any additional or different toms and conditions proposed by seller arc 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 ofthe essence. Ddivay and performance must be effected within the time stated on the purchase order and the documents touched hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial 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 rcmcdics, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault ofnegligencc, such acts of Gad, acts ofcivil or military authorities, govemmcntal priorities, rims, strikes, flood, epidemics, wars or riots 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 dust by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order rill conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the foopmes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any less. damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Solder shall replace, repair or make gold, without cost to the purchaser, any defects or faults arising within one (1) year or %within such larger period of time as may he prescribed by law or by the terns ofany applicable wamnty pmvidcd by the Seller riper the date of acceptance of the goods furnished hereunder (acceptance not lobe unreasonably delayed), resulting front imperfect or defective work done m materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase aide,, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no cdent include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. 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 term, other than legal toms, 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 affects the amount due or the time ofperfnmence 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 gads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pregress provided that the Purchaser shall not be liable for any claims for anticipated pmfils nor the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which am the Sellers standard stock. No neh mminntion shall clicve the Purchawr or the Seller of any of their obligations as to any grads delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the good arc 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 am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchawr as a result of the 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 dice hereunder without the prior written consent of the other pony. 10. TITLE. The Seller warrants full, cleat and unrestricted title to the Purchaser for all equipment. materials, and items furnished in perfom ucce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall refer c the Purchaser and its contractors 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 party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including worm my, shall not be deemed to be reduced. in any way, because such work is pofomcd or caused to be perfumed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent tmdcmark 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 pmeess 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 of such infringement at any time during the prosecution or ancr the completion of the work. In case said upopmcnt 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 men 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 mmminfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankraph make an assignment for the benefit of eredimrs, appoint a receiver or tronec for any of the Sellers property ar business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcros ascd or the interpretation ofthe agreement and the tights ofall parties httcandcr shall be construed under and gaveled by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprcsentztive(s), on the premises ofotherS. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own rick until the same is fully completed and accepted, and shell, in case of any accident, dcstnmtion or injury to the work and/or materials before Seller's final completion and acceptance, complete the nark at Setter's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or crcction by the Seller. the Seller shall receive, unload, store and handle same of the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oaupationnl diwaw 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 Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, 5500.000 for any one accident and property, damage limit per accident of S400X(). 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 ofothers, the Seller shall famish the Pumhascr with a ccnifieatc 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 empires. The Seller agrees that such compensation and insurance shall be maintained until once 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 or nature whatsoever to persons or property caused by or resulting from the execution ofthc work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamuless the Purchaser and any or all of the Purchasers officers, 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 Purchawr may be put or subject by reason of any act, action. neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contmetors officers, agents or employees. In caw any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by masen 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, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the sonic to be dissolved and discharged by giving bond or otherwise The Scllcr and his contractors shall take all safety precautions, famish 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 Safety and Health Act of 1970 and all talcs and regmlations issued pursuant therein. Revised 0312010