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HomeMy WebLinkAbout492196 RESOLUTION PLANNING - PURCHASE ORDER - 9115282PURCHASE ORDER PO Number Page City Of9115282 ' °f 2 `t CollinsChis number must appear 1 ,J on all invoices, packing slips and labels. Date: 02/15/2012 Vendor: 492196 Ship To: NATURAL RESOURCES RESOLUTION PLANNING CITY OF FORT COLLINS 1649 W SWALLOW RD 200 W. MOUNTAIN FORT COLLINS Colorado 80526 FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 change order 1 1 LOT EA 5,000.00 Total $5,000.00 \( // 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 1. COMMERCIALDETAILS. Tax excmptiore. By statute the City effort Collins is exempt from state and local rocs. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 (a). Good Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to he replaced except upon mccipt of written instruction,, 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 exercise any rights or remedies provided herein or by law. failure to pmmptly notify the Seller in the event of n breach, the acceptance ofor payment for goods hereunder err approval of the design, shall not release the Seller of any of the sentiments or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hereoformy ofits rights or remedies as to any such grads regardless of when shipped, received or accepted, as to any prior or subsequent default havandv, nor shall any purported oral mudificteme or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms haaef. Final Acceptance. Receipt of the merchandise, mrviees or equipment in espouse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fen Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact brute by the Punchiest, Theretofore, for good cause and as consideration for executing this purchase enter. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N.. City of Fort Collins, 700 Wood St.. Fen Collins. CO 90522, unless acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If prnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursue, to this purchase order. bill most accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is "peeled farm the nearest distribution point to datimttion, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall Procure at sellers sale cost all necessary permits, cenificanes and licenses required by all applicable laws, regulations, ordinances and rates of the stare, municipality, tannery or political subdivision where the work is perfommd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City if Fort Collins harmless from and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. nles and requirements. Amhori.mine. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated mmin set forth and any supplementary or additional tents and conditions annexed heron or incorporated herein by reference. Any additional or different teens and conditions pmpnsed by sellaam objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpaninl Inte deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reamnably foreseeable which arc beyond its reasonable control and without its fault ofacgligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes. Nord, epidemics, wars or riots provided that notice of the conditions caning 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 aerially lost by reamer ofthe delay. a. WARRANTY. The Seller entries that all grads, articles, materials and week covered by this order will conform with applicable drawings, specification, samples rather other descriptions given, will he fit for the pumuses intended, and performed with the highest degme of care and competence in accordance with accepted standard for work of n similar nature The Seller agrees to hold the parchamr harmtcs, from any loss, damage or expense which the Purchaser miry suffer or incur on account of the Sellers breach of warnw. The Seller shall replace, repair or make good. without eat 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 of any applicable warranty provided by the Seller ancr the date of acceptance of the goods famished hereunder (acceptance n, 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 warm its or gua temes, but such liability shall in no event include loss ofprofits or loss refuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dam, ings, by verbal or written change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. lamiame this agreement as to any or all portions of the goods then not shipped, subject 1rany equitable adjustment between the parties 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 good and/or work, for incidenal or consequential damages, and that no such adjustment be made in favor of the Seller wish respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser err the Seller of any of their obligations as to any good delivered hacienda. 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 good, mid hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance- All laws and regulation 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 hamilcm from all costs and damages suffcmd be the Patch ascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, rnsfer, or convey this order, or any monies due or to become due hereunder without the prior wTal consent of the other party. 10. TITLE. The Seller svamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, scanty interest encumbmnccs and claims ofothces. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good., by a date to be agreed upon by the Purchaser and the Seller, and the Seller thema0er indicates its inability nrunwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all cost, asseciated with net, work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting farm the performance ofs ch work. This release shall ripply even in the event of fault of negligence of the parry released and shall extend to the directors, nlBcas cad employees of such party. The Sella's contractual obligations, including warn fly, 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 Scllcr is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamticss the Purchaser farm 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 indemnifv, the Purchaser for any cost, expense or damage 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 part 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 pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainfringing equipment, or modify it m it becomes noninfringing. 15, INSOLVENCY. If the Seller shall boron insolvent or hmkmpt, make an assignment for the benefit of creditors, appoint a receiver or novice for any of the Sellers pmperty or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofnemu used or the interpretation oftlec agreement and the rights ofall parties hereunder shall be constmcd under and governed by the laws ofthe Stenc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Selhr Representalive(s), ern the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellas town risk until the same is fully completed and acc,ptcd. and shall. in case of any accident, destruction or injury to the work etdlor materials before Scllcrs final completion and acceptance, complete the work at Sellers ow expense and to the satisfaction of the Pumhascr. When materials and equipment arc famished by others for installation or creation by the Seller, the Seller shall receive, unbend. store and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workem compensation, including occupational disease benefits, to it 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 catty comprehensive Satin] liahility including, but not limited to, contractual and automobile public liability inemncc with bodily injury and denthe limits of at least "emeriti for any one person, S500.000 for any one accident and pmpeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, it any, to pmvidc for such contpcnsation and insurance. Before any of the Sellers or his contractors cominyee., 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 cenifcates shall specify the date when such cormcniumm and insurance have been provided. Such certificates shall specify the date when such compasntion and insurance expires. The Scllcr agrees thin such cumpeasetion 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 whosoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamilcss the Purchaser and any arm all of the Purcha cm officers, agents and enipboyces farm and against any and all claims, losses damages. charges or expenses whether direct or indirect, and whether to persons err lempeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default ern the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors o@tees, agents or employees. In case any suit or other proceedings shall be brought agninsl the Purchaser, or its officers, agents or employees at one time on account or by reason of any act, action, ncgleef omission or default of the Seller of any of his contractors or any of its or Pocir officers, agents or employees as aSrome id, the Set let hereby agrees to assume the defenm thereof and to defend the ,,me at the Scllcrs own expense, to pay any and all costs, charges, attorney, 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 snits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid parties in or as a result of such suits or other proceedings. the Seller will at once cause the come to be die olved 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 prevention of accidents, comply with all lass and regulations with regard to safety including. but without limitation, the Occupmiuml Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Rv,kcd 03/2010