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HomeMy WebLinkAboutF & C DOOR CHECK & LOCK SERVICE - PURCHASE ORDER - 3212317PURCHASE ORDER PO Number Page City of PURCHASE 3212317 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01127/2012 Vendor: 109858 Ship To: PARK MAINTENANCE F & C DOOR CHECK & LOCK SERVICE CITY OF FORT COLLINS 210 S LINK LN 413 S BRYAN FORT COLLINS Colorado 80524-2751 FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JOHN STEPHEN 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 Ordered Extended Price 2012 Annual 1 LOT LS 20,000.00 Total $20,000.00 UUInvoice 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 .statute the City, of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-11,1502. Federal Excise Tax Exemption Certificate of Registry 94-6(Ki 5S7 is registered with the Collector of Failure of the purchaser to insist ,,on strict performnce of the terms and conditions hereof frilum or delay to Interlard Revenue, Denver, Colorado (Ref. Colorado Revised Shames 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify ruts Seller in the event of a breach, the acceptance ofor payment for goods hereunder ar approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the ountraties or obligations of this purchnsc nrder and shall not be deemed a wrivcr of any right of the damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort 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 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 can 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 .salting beam antitrust ACCEPTANCE is dependent upon completion off][ applicable required inspection procedures. violations arc in fact bore 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 Term,. Shipments most be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 50522, unless acquired order 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 prcpry 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where marefacatmrs 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 named upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, 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 perforated by the most expeditions 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, certificates and license required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, mnitory, or political subdivision where the work is performed, or required by any other duly conslitated public authority having jurisdiction over the work of vendor. Seller Farther agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, rcgtdations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representatives are. in fact. bona ride 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 are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to aniwc on your premised delivery date as noted. Time is of the essence. Delivery and performance must be cFffeled within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shill] 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 are beyond its reasonable control and without its fruit of negligence, ..such acts of GmL acts ofri,iI 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 lost by reason of the delay. 3. WARRANTY. The Seller warranty that all goods, articles, arterials 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 nitrate. The Seller agrees to hold the purchaser harmless from any loss, damage at expense which the Purchaser may su Rcr or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchases, 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 terms of any applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of anv ofthe foregoing warranties 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 hu al terms by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quartiles originally ordered in the speeificmions or drawings, by ...bill or ,me. change order. If any such change affects the amount due or the time afperformance 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 nit portions of the goods then net shipped, subject to any equitable adjustment between the parties as to any work or materials then in prog e,; provided that the Parehascr shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any good which are the Scllcrs standard stock. 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 Barry (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 Bonds arc 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 Pumhasr harmless from all costs and damages suffered by the Purchaser as a result ofthe Scllcrs 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 written consent ofthe other parry. 10. TITLE, The Seller wamnty full, clearand unrestricted title to the Purehuser for all equipment, materials, and items furnished 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 tier from all liability and claims of any nature resulting from the performance of"a h work. This release shall apply even in the event of fault of aegbgenec of the party released and shall extend to the directors, officers, and employees of such party. The Seller's contractual obligations, including wamnty, 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 as process covered be ],net. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from 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 st any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods is in such suit held to constitute infringement and the use of said cquipnmcnt ar part is enjoined, the Seller shall, at its own expense sad at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninbeinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make ern assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be caroled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afterms used or the interpretation ofthe agreement and the rights ofrll parties hereunder shall be cononred under and governed by the laws ofthc State ofColmado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Shccm Rcprcsciandive(s), on the prcmiscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work st Sellers own risk until the came is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Sellers, final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials mui equipment arc f nnished by others for installation or coectien by the Seller, the Scllcr shall receive, unload, store and handle same at the site and bevemc recponaihle there Gr as though such materials and/or equipment were being furnished by the Seller under the order. IS. 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 be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500,000 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 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 cenificwos 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 of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe walk 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 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In ease any suit or other proceedings shall be brought reainst the Purchaser, or its officers, agents or employees at any time on acemmt 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 assnnm the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attamcys 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 lica 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 prcvcntinn of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued punrant thereto. Rmiaed 03/2010