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HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - PURCHASE ORDER - 6607780City of �,.F.�or/t Collins PURCHASE ORDER Date: 02/23/2012 Vendor: 112468 FELSBURG HOLT & ULLEVIG INC 6300 S SYRACUSE WAY #600 CENTENNIAL Colorado 80111 PO Number Page 6607780 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1 ST FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 12/08/2006 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Change Order 4 1 LOT EA 65,510.00 NRCC 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 Total Invoice Address: 10.00 City of Fort Collins Accounting Department 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 Fort Collins is exempt from state and local taxcs.Our Exemption Number is 11, NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stnet pnfnmance of the Isms and conditions hereof, failure or delay to Internal Revenue, Denver. Colnmdo (Ref. Colorado Revised Statates 1973. Chapter 39 2R. 114 (a). exercise any rights or remedies Pact udcd herein or by law, failure to promptly notify the Seller in the time of a breach. the acceptance ofor payment for goods hereunder or approval offl a design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the o'amntics or obligations of this purchase order and shall not be decreed a waiver of any right of the damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor 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 defnult hereunder, nor shall any purported oral inedifmation at mscissicn of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS am 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 ANTITR UST CLAIMS, authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purcbwr recognize that in aetnal economic practice overcharges resulting from atnitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection preecdums. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby ns igns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins 700 ".oil St.. Fart Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the pnnieulnr 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 Purchnscr parseant to Ibis 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 pans of the country, shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the cxpcicel room the nearest distribution point to destination. and excess freight will he deducted from Invoice When Purchnscr and the Scllcr,and the Seller thereafter indicates its inability or unwillingness to comply. the Pnmhascr shipments are 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 associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and mles of the state. municipality, territory or political subdivision ahem the x'ork 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 from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements, Authorization. All parties 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 Pmchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional tcmw and canditions annexed hereto or incorporated herein by reference. Any additional or different icons 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 arrive on your premised delivery date as noted. Time is of the esoacc. 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 ofpartinl late deliveries, shall operate as a waiver ofthis prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable mmedics, 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 net reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such act, c God, acts ofcivil m militaryanihoritics, governmental priorities. fires, strikes flood, epidemics. wars or runts 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 wamnty that all good, 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 Sellcrs breach of warranty. The Seller shall replace, repair or make good, without 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 toms array npplicable wamnty provided by the Set let afier the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Set let. Acceptance or use of grade by the Purchaser shall not constitute a waiycr artery 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 wamntics or guarantees, but such liability shall in no event include Inns of profits or loss of use. NO TNT PUT ED WA R RA N1 Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tcros by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition to or deletions fmm the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. fi. 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 panics as to any work or materials then in rimless provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted parrion of the goods and/or work, for incidental or consequential damages, and that no Stich adjtisuncnt be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered heramdcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustrout must be asserted within thirty (30) days fmm the date the change or termination is onlcrcd. S. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hormonal shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held 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 pare shall assign, 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 wamnty full, clem and unrestricted title to the Purchaser for all equipment mmcrials, 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 sad its contractors of any tier five, all liability and claims of any nature resulting Term the performance of such work. This release shall triply even in dw went of Can It of negligence of the party released and shall extend to the dimemrs, oRcet, and employees of such parry. The Scllcrs eontactml obligations, including warranty, shall not be deemed to he 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 or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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 in pay by reason of such infringement at any time during the persecution or a0cr the completion of the aced. In ease said equipment. or any pan thereof or the intended use of the goods. is in such suit held to constitute infringirm nt and the few 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 pans, replace the same With substantially equal but noninfringing equipment, or modify, use it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, 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 Pumhaser without liability. 16. GOVERNING LAW. The definitions afterms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and govomed by the laws ofihe State of Colnmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Repmserfatiec(s), on the remises ofothen. 17. SELLERS RESPONSIBILITY. The Seller 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 numerals anti equipment are famished by others fee 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. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation. including occupational disease benefits, to its employees employed an 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 he done The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with hodily injury and death limits of at (cast S300.000 for any one person. S500.IX10 for any one accident and pmporty 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 Solicits or his commetnrs employees shall do any work upon the premises of others, the Seller shall furnish the Purchnscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have born pmvidcd. Stich ecnificntes shall specify the date when such compersurion and insurance expires. The Scllcr agrccs that such compensaion and insurance shall be maintained until a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability fortune and all damage, loss err injuy crony kind or nature whatsoever to Persons or property caused by or resulting fmm the ex cation of the work provided for in this purchase order or is connection herewith. The Set let 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 contactors, or any of the Sellers or contractors officers, ngents or employees. In case any .suit or other Proceedings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default critic 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 Scllcrs own expense. to pay any and all costs. charges, attomcys feu and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects. agents or employees in such suits or other proceeding., and in case judgment or other lien be placed upon or obtained against the pmperty of the Pumhaser, or said parties in or as a result of such suits or other proceedings, the Scllcr 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 sad install all guards necessary for the prewennon of accidents, comply with all Imes and regulations with regard to safety including. but without limitation. the Occupational Safety and Health Act of 1970 and all mires and regulations issued pursuant therein. Revised 03/2010