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HomeMy WebLinkAbout103009 PORTER INDUSTRIES INC - PURCHASE ORDER - 9120517PURCHASE ORDER PO Number Page City Of///'''►►► 9120517 1 of z Fort Collins This number must appear ,�-J`-' ` ` J on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 103009 PORTER INDUSTRIES INC 5202 GRANITE ST LOVELAND Colorado 80538-1622 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Carpet Maintenance 2012 1 LOT LS 95,200.00 Blanket order to cover the cost of carpet maintenance for fiscal year 2012 per Bid #6120. 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 Extra Carpet & Upholstry Maint 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 1 LOT LS 10,000.00 $105,200.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt (rem state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry R4-(AW5R7 is registered .with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 pd. Goods Rcjcdcd. GOODS REJECTED due to failure to mmet.apecificntion, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions From 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 delay to csemise 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 Immandu or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he devoted a waiver of any right of the purchaser to insist upon strict Performance hueoforany ofits rights or remedies as to any such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nml mrdification or rescission of this purchase order by the Purchaser opcmtc as a waiver of any of the teats 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 part of the City of Fort Collin,, However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations arc in fact borne by the Purchaser. Theretofore, for good eeusc and as considention for executing this purchase railer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments oust be F.O.B., City of Port Collins, 700 Wood St., Fort Collins. CO 80522. unless required Under federal or state antitmst laws for such overcharges relating to the particular goods or scrvices othcnvisc 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. hill 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 defcx1nc goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereaficr indicates its inability arunwillingerss to comply. the Purchaser shipments arc 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 m,reimed u ith such work_ Permits. Seller shall pmeurc at sellers sole cost all necessary permits, ecnifieams and licenses required by all applicable laws, regulations, ordinances and vies 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 front and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. And rrituution. All parties to this contend agree that the representatives are. 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 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 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 ofhhe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents arached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this nrder elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such act of Gad, acts of civil or military authorities. governmental priorities, fires, strikes, gad, epidemics, wam 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 lost by mason of the delay. 3, WARRANTY. The Seller warrants that all goods, articles, materials and work cmered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes 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 loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, w'ithrnn 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 crony applicable warnnty provided by the Seller aficr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profit 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 terns, other than legal terms, 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 ofperfornancc 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 to any equitable adjustment between the parties as to any work or materials then in pmgress 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 he made in favor of the Seller with respect to any goods which nre the Sellers svindonJ stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir 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. R. 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 grads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidcme 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 indcmnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pumh.iwr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall amign, 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 warrants 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, reservations, security interest crumb nnecs and claims ofothers. The Seller shall release the Purchaser and it contractors of any tier room 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 potty released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pumhascr. 14, PATENTS. Whcnn'er the Seller is required to Usc any design, device. material or process emend by letter, patent, hademark or copyright, the Seller shall indemnify and save humaless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in conneclion with the contract, and shall indcmnify the Purchaser for any cost. expense or damnge which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after 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 own expense and at its option. either procure for the Purchaser the right to continue using said equipment or part.,, replace the same with substantially equal but noninfringing equipment, or madify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or tri ace for any of the Sellers Property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions ofatms Used or the interpretation of the agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws of the Statc of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scrvices of Sellers Reprcsenative(s), on the premises ofothers, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said mark at Scllcr's own risk until the same is fully completed and accepted, and shall, in case ofany accident, destruction or injury to the work and/or materials before Seller, final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment are 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 undo the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers emopensmina. including occupational disease bcnefils, to is 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 antomobile public liability insurance with brafly injuy and death limits ofat least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.f1M1. The Seller shall likewise require his contractors, irony, to provide for such compensation and insumace. Before any of the Sellers or his contractors employees shall do any .work upon the premises ofishers, the Seller shall famish the Purchaser with a certificate 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 expires The Seller 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 whatnever to persons or property caused by or modting from the execution nfthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers agents and employees fmm 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 mason crony act, action, neglect. omission 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 it, olTocrs, agents or employees at any time on account or by reason of any act, anion, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employers as aforesaid. the Seller hereby agrees to assume the defense t1mmmf and to defend the tome at the Sellers own expense, to pay any and all costs, charges, attomcy, 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 proceeding,, and in case judgment or other lien be placed upon or obtained 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 guards necessary for the prevration of accidents, comply with all laws and regulation, with regard to sea rely including. but without limitation, the Occupational Safetyand Health Act of 1970 and all rules and mgtdations issued pursuant thereto. Revised 03/20I0