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HomeMy WebLinkAbout107087 COLORADO DEPT OF LABOR & EMPLOYMENT - PURCHASE ORDER - 9120357City Of PURCHASE ORDER PO Number Page 9120357 1 of 2 `t Collins oll I ns This number must appear ` �7 on all invoices, packing slips and labels. Date: 01/24/2012 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: 01/23/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Labor Tax City/WC 1 LOT EA 8,043.00 2 annual permit 1 LOT LS 2,000.00 Total $10,043.00 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By sI.mte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-WO0587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to tam specifications, either when shipped or due to defects of damage in transit, may be rearmed to you for credit and am not to be replaced except upon mccipt of written instructions fmm the City Of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof. failure or dclav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such grads, regardless of when shipped, received or accepted, as to any finer or subsequent default hereunder, our shall any purported nal modification or reseissi on of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOP 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 amitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 hcreaRer Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St_ Fort Collins. CO 80522, unless ncquimd under federal Or state antitrust laws for such overcharges relating to the particular grinds 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 Parchascr parmant to this purchase order. bill must 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agrced upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the rent expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. anifcates and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political subdivision where the of rk 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 reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the farm and conditions stated herein set forth and ray supplementary or additional terms and conditions annexed hereto or incorporated hacin 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 premised delivery date as noted. Time is ofthe essence. Delivery and perfarmanec 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 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 ofplocing this order elsewhere and holding the Seller liable for damages. However, the Sellershall not be liable for damages as a result of delays due to causes not reamnably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities, govemmcntal prieritics, fats, slakes, Rood, epidemics, wan fir riots provided that notice ofthe 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 dale of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller variants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other dacriptiona 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 suffer or incur on account of the Sellers breach of warm my. The Seller 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 proscribed by law or by the tams ofany applicable avarrinty provided by the Seller after the date of acceptance of the goods furnished hereunda (acceptance not to be unreasonably delayed). resulting from imperfect or dcfative work done or materials famished by the Scllcr. Acceptance or use of funds by the Purchaser shall not consnmte a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in no cent include loss of profits or Inns of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the terms, other than legal terms, including additions to or deletions from the quantitiesoriginallyordered in the specification or drawings, by verbal or written change order. If any such chance affects the amount due or the time ofpseformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. tcminate this agreement as to any or all potions of the goods then not shipped, subject 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 any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser Or the Sella ofany of their obligations as to any ends delivered hacunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or termination is arlacd. 8. COMPLIANCE WITH LAW. The Sella 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 arc subject. The Seller shall execute and deliver such documents m 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 Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result ofthe 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 hercunda without the prior written consent of the other parry. 10. TITLE. The Seller warmnts 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. rescrantions, sccunty interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of env tier from all liability and claims ofany nature resulting from the performance ofsuch work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch pony. The Scllets contractual obligations, including wamnty, shall not be doomed to be reduced, in any wary, 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 pmecss covered by later, patent, trademark Or copyright, the Seller shall indarn ify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use Of such patented design, device, material or pmecss 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 anew the completion ofthe 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 expanse and at its option, citha 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 noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknmt, make an assignment for the benefit of creditors, appoint a receiver or music for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitinns oftemts used or the interpretation offl c agreement and the rights of all panics hereunder shall be construed under and governed by the laws nfthe 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 Representalive(s), on the promises ofofficm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same 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 of the Purchaser. When materials and equipment arc 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. I8. 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 Sella shall also carry comprehensive general liability including, but not limited to. contractual and automobile Public liability insurance with bodily injury and dcuth limit of at least S300.000 for any one permn. S50R000 for 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 any of the Sellers or his contrenon cnmloyces shall do any work upon the pmmfscs of others the Scllcr shall firmish the Purchaser with a eettificate that such eonmen.sntion and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. 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 a property caused by or resulting front the execution fifth, work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers omcers, agents and employees tam and against any and all claims. losses damages. charges or expenses. whether direct or indirect. and whether to persons or property to which the Purchaser 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 Sellers or contractors officers, agents or employees. In WX 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 their officers. agents or cntployas 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 Officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthc Parchascr. or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, Finnish 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 Hcolth Act Of 1970 and all miles and regulations issued pursuant thccto. Revised 03/2010