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HomeMy WebLinkAbout111129 BARNES DISTRIBUTION - PURCHASE ORDER - 3212308PURCHASE ORDER PO Number Page City Of///��� 3212308 1 of 2 Fort Collins This number must appear ,�—J`-' ` ` J on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 111129 Ship To: PARK MAINTENANCE BARNES DISTRIBUTION CITY OF FORT COLLINS 1301 E 9TH ST SUITE 700 413 S BRYAN CLEVELAND Ohio 44114-1824 FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 Annual Blanket PO 1 LOT LS 25,000.00 Misc Goods and Services Total $25,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smote the City affront Collins is exempt from state and local taxer. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is regimented 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 meet specifications. either when shipped or due to defects of damage in transit, may be rctumcd to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS arc subject to the City effort Collins inspection carnival, 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hemef. failure or delay to racism any rights or remedies provided herein or by Ian, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for good hereunder or approval ofthe design, shall rant release the Sellcrof any ofthe warm allies or obligations of this purchase order and shall not be deemed a aeniver of any right of the Purchaser to insist upon strict performance firearm any of it, rights or remedies as to any such goods, regardless of when shipped, received ar accepted, as to any prior or subsequent default hereunder, marshal any Purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hacof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTI TRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hmvever, it is to be understood that FINAL Seller and the Purchnscr recognize that in meal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne 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 Teets. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 50522. 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 pursued 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 munufacmrcrs have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date In be agreed upon by the expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice he. Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfumed by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Pcmi6. Seller shall pmevre at sellers sole cost all necessary pewits. certificates and licenses required by all applicable lags, regulations, ordinances and rates 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 funher agrees to hold the City of Fen Collins hamless from and against all liability and loss incumd by them by reason of an assuned or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, 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 toms 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 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. Delivery and performance must be effected within the time .stated on the Puri order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchascr 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 am beyond its reasonable control and without its fault of negligence. such acts of God, acts fcivil or military authorities. governmental priorities, fires, strikes. Rood, 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 del ivory shall be extended for the period equal to the time actually lest by remora 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 and/or other descriptions given. will he 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 hamless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the Purchascr, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the Inmas of am applicable wamnry provided by the Seller after the date of acceptance ofthe good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done or materials furnished by the Seller. Acceptance or use of goals by the Purchaser shall not constitute a waiver c fany claim under this wamnry. Except as othrnvise provided in this Purchase onto, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfit, 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. CHANG FS IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or waittan change order. If any such change affects the amount due or the time ofperbomance hereunder. an equitahle adjustment shall he 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 ar materials then in progress pmvidcd that the Purchascr shall not be liable for any claims for anticipated profits an the uncompleted portion ofthe gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stork. No such termination 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 tconnotation is ordered. P. COMPLIANCE WITH LAW. The Seller wamnts 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 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 be incorporated in agreements of this character are 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 pony shall assign, transfer, ar convey this order, or any monies due or to become due hereunder without the prior wrincn consent of the other party. 10. TITLE. The Seller wamnts fall, 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. rcsenations, security interest encumbrances and claims of others. The Seller shall release the Purchnscr and its contractors of any Her from all liability 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, offcers and employees of such party. The Seller., contractual obligntions, including wamnry, shall not be deemed to be reduced. in any way. because such work is perforated 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 hater. potent, trodemark or copyright, the Sellershaft indemnify and sate harmless the Purchaser from 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch in fringcmcnt 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 part is enjoined, the Seller shall, at its can expense and at its aplion, either procure far the Purchaser the right to continue using amid 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 hankma. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcros used m the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe Stntc of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rep ctentalive a), on the ptcrrims ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllces man 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 Seller's man expense and to the satisfaction of the Purchases. When materials and equipment are furnished by others for installation or erasion by the Seller, the Seller shall receive, nnlond. store and handle same at the site and become responsible therefor as though such materials and/err equipment were being furnished ray the Seller under header. 19. INSURANCE. The Seller shall, at his man expense, pmvidc 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 acmrdnnce 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 nail automobile public liability insurance ,,an bndily 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 S400.600. 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 of others, the Seller shall furnish 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 peen 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 afcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire rcsponslbility, and liability for any and nil damage, loss or injury of any kind or mature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order err in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers offcers, agents and employees boom and against any and all claims, losses, damages, charges or expenses, whether direcl or indirect, and whether to pe sons or pmpcny, to which the Purchaser nary be put or subject by reason of any act, action, negdwt omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit ar other proceedings shall be brought against the Purchaser, or its affects, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller army of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense fwrcaf 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 incumd by or obtained aguinst the Purchaser or any of its or their officers, agents or employees in such suits or other pmccedings, and in case judgment or other lien be placed ulon err obtained against the property of Ile Purchaser, or said panics in or as a result attach suits or other Pmcecdings. the Seller will at once cause the same to be dissolved and discharged by giving bond cr 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 eith regard to safety including, bill without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 0312010