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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3212309City OfPURCHASE ORDER PO Number I Page Collins3212309 1 of 2 This number must appear Flirt C ,�—J`-' ` on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 103941 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS ** CIS ** 413 S BRYAN 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 UOM Unit Price Extended Ordered Price 2012 Annual blanket PO 1 LOT LS 25,000.00 Mlsc Services City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Total 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Colins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal E.xcisc Tax Exemption Certificate of Registry U-6000587 is registered with the Collector of Failure of the Pm<hnser to insist upon strict performance of the terms and conditions hereof. failure or dclav to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). 'incise 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 good hereunder or approval of the design,,hnll not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due to defects of any of the wam, mics or obligations of this purchase order and shall not be deemed a waiver of one right of the damage in transit, may be returned to yen fro credit and are not to be replaced czcept upon receipt of written purchaser to insist upon strict performance hcreofor any of its rights or remedies as to am7 such goods, regardless instructions form the City of Fen Collins, of When shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this oMer can result in 12. A SSI GNM ENT OF ANTITRUST CLA I M S. authorized payment on the pan of the City of Fort Collins. Hm%ever, it is to be understood that FINAL Seller and the Pumhowr recognize that in actual economic practice. overeharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good came 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 Tears. Shipments must be F.O.H. City of Fort Collins 700 Wood Sr, Fort Collins. CO R0522, unless acquired under federal or state antitrust laws for such overcharges rotating to the particular goods or services otherwise specified on this order. If pcmmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchuse order. bill must accompany invoice Additional charges for packing wgll not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the cmmtry, shipment is expected form the nearest distribution point to destination, and excess freight will be ducted from Invoice when shipments aremade from greater distance. Permits. Seller shall pmeure at sellers soic cost all necessary permits, certificates and licenses required by all applicable laws, regulation, onlinnnce, and rules of the state, municipality, territory or political subdivision where the work is perforated, 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 form and against all liability and loss incurred by them by reason of an asserted or established violation of anv such laws, regulations, ordinances rules and requircmcnts. Authorization. All panics to this contract agree that the represcnmtivcs 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 hcrcin set forth and any supplementary or additional terms and conditions annexed hacto or incorporated herein by reference. Any additional or di Rcrrnt terms and conditions proposed by seller am objected Initial 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 of the essence. Delivery and pMermancc most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this 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 n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable commy and without its fault of negligence, such act of God, acts fcivil cr military authorities, governmental priouties, fires strikes. Bad, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchascr 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 Inst by reason ofthc 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 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 Scllcrs breach of warranty. The Seller shall replace, repair or make good, without east to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by Iry or by the terms ofany applicable warranty provided by the Seller after the rime 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 crony claim under this wart nry. Fxccpt as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wamnties or guarantees, but such liability shall in no event include loss of profits 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 tons by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hams, other than legal terms, including additions to or deletion., from the quantities originally oNered in the specifications or drawings. by verbal or written change order. If any inch change affcets the amount due or the time ofpofannowe hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the galls then not shipped, subject to any equitable adjustment between the parties as to any Work or materials then in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted portion of the goods anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller With respect to any gad which are the Sellers standard stock. No such rcmmination shall relieve the Purchascr 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 termination is ordered. 8. COMPLIANCE WITH LAW. The Seller want is 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 good are subject. q'he Scllcr 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 incriminated herein by this reference. The Seller agrees to indemnify and hold the Pnrehowr harmless form all costs and damages suffered by the Purchascr is a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10.TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in per(nrmonce of this agreement. free and clear of any and all liens, restrictions, reservations, seconty interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchascr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchascr may cause the work to be perforated by the most cxpeditinus means available to it. and the Scllcr .shall pay all cost. associated xcith such work. The Seller shall release the Purchaser 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 pony released and shall extend to the directors, officers and employees of such party. The Seller', contractual obligations, including warranty. shall not he deemed to be reduced, in any way, because such work is performed 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. trademark or copyright, the Scllcr shall indemnify and save hzmless the Purchaser form anv 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 muses of -such infringement at any time during the prosecution or after the completion of the work. In ease said equipment. or tiny pan thereM'or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at its own expense and at its option. either pmcurc for the Porehaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify 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 trustee for any of the Sellers pmpcny or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftemu used or the interpretation ofthe agreement and the rights of all panics hereunder shall be constmnd under and govemcd by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofobers. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Seller's 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 Scllcrs own expense and to the satisfaction of the 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 under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensatinn, including occupational dittau benefit,, to its employees employed on or in connection with the cork 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 Seller shall also "my comprehensive general liability including, but not limited to. contmetled and mnomohile public liability insurance with bodily injury and death limits of at least 5300,000 for any one perwm. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, Barry, to pmvide for Such compensation and insurance. Before any of the Sellers or his contractors employees shall do anv work upon the pmmises ofothcm. the Scllcr shall fumizh the Purchaser with a certificate that such compensation and insurance have been provided. Such ccnificatcs shall spccify'the date when such compensation and insurance have becn provided. Such ccnificatcs shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insumnec 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 property caused by or resulting from the execution of the work pmvidcd for in this purchase orderm 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, 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 Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its oticcrs, 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 employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the Same at the Sellers men 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, agent or employees in such snits or other proceedings. and in case judgment or other lien be placed upon or obtained against the pmpeny of the Purchnser, or said panics in or as a result of sneh suit or other pmecin ings, the Seller will at once cause the ,into to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish .and install all gnmds necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occtpational Safety, and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 03/2010