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HomeMy WebLinkAbout104133 FORT COLLINS MONUMENT WORKS - PURCHASE ORDER - 9122163City of �,.Fo_rt Collins PURCHASE ORDER Date: 04/16/2012 Vendor: 104133 FORT COLLINS MONUMENT WORKS 824 E LINCOLN AVE FORT COLLINS Colorado 80524-2507 PO Number Page 9122163 1of2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 04/16/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 15 Pavers -kids drawings APP 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 1 LOT LS 3,000.00 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 I. COMMERCIAL. DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evcm of a breach, the acceptance for payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to ram specifications, either when shipped or doe to defects of any of the wurmntiex or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, any be mmmed to you for credit and am 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 carsubsequent default hereunder, nor shall any purported cal modificmiou 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. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fan Collins. However. it is to be andaslaod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antivust ACCEPTANCE is dependent upon completion ofall applicable required inspection ptocedurcs, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller htteby assigns to the Purchaser any and all claims it may now have or herez0er Freight Terms. Shipments mat be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for .such overcharges relating to the particular good 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 pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. I3. 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 to correct nonconforming or defective good by a date to be agreed upon by the expected Farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to oontply. 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 crisis associated with such work. Permits. Seller shall person, at sellers sole cost all necessary pemtits, certificates and licenses required by all applicable law,, regulations, ordinances and rules 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 further agrees to hold the City of Fart Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinances, mlcs and requirements. Authorization. All panics to this contract agree that the representatives are. in fact bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxprcly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additinnal terns and conditions annexed hereto or incoepented herein by reference. Any additional or different terms and conditions proposed by .viler are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery time as noted. Time is of the essence. Delivery and perinrmunce must be eflecled within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiter of this provision. In the event of any 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 a result of delays due to causes not reasonably fore. able which are beyond its reasonable control and without its fault of negligence. such acts of Gad. acts ofeivil or military authorities governmental prinntics, fires, strikes, flmd, epidemics, wars or riots provided that notice of the conditions causing such delay is given in 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 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 cam and competence in accordance with accepted standards for mark of a similar nature The Seller agrees to hold the purchaser harmless from any Inns, 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 cost to the purchaser. 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 ofany applicable warranty provided by the Seller aRcr the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), reselling 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 warm. my. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately earned by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no treat 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 Patch ascr may make changes to legal toms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions in or deletions Form the quantities originally urdered in the specifications or drawinga. by verhal or written change order. If any such change affech, the amount due or the time of pafommance hereunder. an equitable 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 goads then not shipped, subject to any equitable adjustment between the panics 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 goods and/fir work, for incidental or consequential damages, and that no such aaliusttnent be made in favor of the Seiler with respect to any goods which are the Scllcrs stindard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcnobligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is mdcmd. R. COMPLIANCE, WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 arc hereby incorpomtcd herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless Form all crust%and damagee% suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party 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 warrant, full, clear and unrestricted title to the Purchaser for all equipment, materials and items famished in perfomance 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 fmm 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, officers and cmployccs ofsuch party. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way. hccuise such work is perfumed or caused to be perforated 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 from any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the contact. and shall indemnify the Parehacr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment. or env pan thereof or the intended use of the goods, is in such at 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 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 noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tootec for any of the Seller, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofihe agreement and the rights off[] panics hereunder shall be construed under and governed by the Inns of the State of Codomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scnie,, of Sellers Reprcecntalive(s), on the premiss ofothcrs. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Seller's own risk until the same is fully completed and accepted, and sh ill, in case ofany 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 of the Purchaser. When materials and equipment arc famished by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/fir equipment were being furnished by the Seller under the order. IR. INSURANCE. The Scllcr 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 dependent% in accordance with the Ines of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, emorretud and automobile puotie liability insurance with bodily injury and death limits of fit least St00.MO for any one person. 5500.000 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 pmmises ofothcrs, the Sellershall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance, hive 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 ofany kind fir nature s,h.tsm%cr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and env or all of the Purchasers officers, agents and employees form 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 ofany net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oficcts, agents 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, union, neglect, omission or default of the Seller of any of his contractors or any of its or their affects, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof mid to defend the same at the Sellers own expense, to pay any and all costs, charges, attom,ys fees and other expeoes, 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 lien be placed upon or obtained against the property of the Purchaser. ar said panics in or as a result of such suits or other proccedingv. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sell let and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, couple with all laws and regulations with regard to safety including, but without limiulion, the Occupational Saf,ry and Hcallh Act of 1970 and ill odes and regulations issued pursuant thereto. Revised 03/2010