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HomeMy WebLinkAbout111095 THE LIGHTHOUSE INC - PURCHASE ORDER - 9120090PURCHASE ORDER PO Number Page City/ Of/� 9120090 1 of z ' `t COI` tins This number must appear �7 on all invoices, packing slips and labels. Date: 01 /06/2012 Vendor: 111095 THE LIGHTHOUSE INC 5900 E 58TH AVE UNIT 5 COMMERCE CITY Colorado 80022 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 10,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Credit RCL� 2. OAA�-Qk lw-�' 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 Total Invoice Address: M City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions, By statute the City of Fort Collins is exempt From state and local taxes. Our Exemption Number is 11 NONWAI VER. 98-04502. 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 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 of or payment for grads hereunder or approval of the design, shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of any afire warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or mscic inn 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 an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part 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 dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for grad 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 most be F.O.B.. City of Fort Collins. 700 Wood St., Fan Collins, CO 90522. unless acquired under federal or state manom 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 by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is f 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 Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs asstwiated with such work. Permits Scllcr shall procure at sellers sale 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 perforated. or regrind by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler fader agrees to hold the City of Fort Collins harmless farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authoritarian. All panics to this contract agree that the representatives are. in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additinnal 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 most be elected 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 operate as a waiver ofthis provision. 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. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cannot and without its fault ofacgligence. such acts of God, act, ofcivil or military authorities, governmental priorities, fires, strikes, Bond, 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 Ins, by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlnr 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 of expense which the purchaser may suffer or incur on account of the Sellers breach of aanam v. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within are (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty, pmvided by the Seller after the date of acceptance of the gads famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liabilityshall in no event include loss ofprofi,s 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 teams, other than legal terms, including additions to or deletions from the gwimife., originally undaed in the specifications ordmwin/r<, by verbal or written change order. If any such change affects the amount due or the time ofperformance 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, mbjec, 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 profits on 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 Sella with respect to tiny goods which arc the Scllers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller variants that all goals sold hereunder shall have been produced, mid. delivered and famished in strict compliance with all applicable laws and regulations to which the goods an subject. The Seiler 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 ha nIm fmm 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 wrinen consent of the other parry. 10. TITLE. The Seller ..at, full, clear and unrestricted title to the Purchaser 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 of others. The Seller shall release the Purchaser and its contractors of any tiff from all Iirbil iry and claims of any nature resulting from the performance of such work, This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, otLcas nod cmmplayas ofmch puny. The Seller's contractual ohlig pions, including wfrmnry, shall not be deemed 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 cupyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason afire use of Bach patcated 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 of such infringement at any time during the prosecution or infer 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 ran 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 nunin fringing equipment, or nmodi fy it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or hankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrn¢ used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be cons,mal under and governed by the Imes 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 Sellers Represcntmivas). on the premises ofotmm, 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers man risk until the same is fully completed and accepted, and shall, in case of any accident, dcstraetion or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllers on expense and to the satisfaction of the Purchaser. When materials and equipment are famished 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. I a. INSURANCE. The Seiler 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 automobile public liability imwu:mce with bodily injury and death limits of m ]cast S300,000 for any one reason, 5500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, Wary, to provide for such compensation and insurance. Before any of the Scllen or his contractors cntployccs shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such campensation and insurance have been provided. Such arrificates shall specify the date when such compensation and insurance have been provided. Such certificates shalt specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be 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 or nature whatsoever to persons or propcny caused by nr resulting from the execution ofthe work provided for in thus purchase ordarr in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lasses. damages. charges or expenses, whether direct or indirect, and whether to persons or prepay to which the Purchaser may he 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 Sellers or eontmctors officers, agents or employees. In earn any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any hme 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 m the Sellers awn expense, to pay any and all costs, charges, atiomcys fees and other expert cs, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their olrcers. agents or employees in such suits or other proceedings, and in case judgment or other hen 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 mine to be dissolved and discharged by giving bond or otherwise The Set la and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thactn. Revised 03/2010