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HomeMy WebLinkAbout292540 WESTERN ENTERPRISES INC - PURCHASE ORDER - 9122297PURCHASE ORDER PO Number Page City of PURCHASE s� zzzs� 1 of 2 �} Collins'► This number must appear ` 1 '�7 on all invoices, packing slips and labels. Date: 04/23/2012 Vendor: 292540 Ship To: PARK MAINTENANCE WESTERN ENTERPRISES, INC CITY OF FORT COLLINS PO BOX 60 413 S BRYAN CARRIER Oklahoma 73727 FORT COLLINS Colorado 80521 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4th of July Fireworks 1 LOT LS 23,500.00 PER TERMS AND CONDITIONS OF BID 6093 AND RENEWAL DATED 4-6-12 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Ternls and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Numbcr is 11, NONWAIVER. 99-01502. Federal Excise Tax Exemption Ccr ificatc of Registry 84-60M597 is registered .with the Collector of Failure of the Purchnscr to insist upon ,strict performance of the terms and conditions hereof. faihuc or delay to Internal Revenue, Dcnver, Colorado (Rcf. Colorado Revised Statutes 1971. Chapter 39 26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder or approval of the design, shall not release the Sciler of Goods Rejected. GOODS REJECTED due to failure to mcct specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed 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 mitt perfommnce hcrcofor any ofits rights or remedies as to any such goods, regardless insma:tions from the City of Pon Collins. of when shipped, reechoed or accepted, as to any prior or subsequent default hereunder. not shall any purported oral mMificution 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 mcrehandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. malminmd payment on the part of the City of Fort Collins. However. it is to he imdcrshod that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurcs. violations are in fact borne by the Purchaser.' I'heremfom. 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 hive or hereafter Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wand St. Fort Collins, CO 90522. unless requital under federal or state antitrust laws for such overcharges relining 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 ur acquiml by the Purchaser pursuant In this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufactltmm have distributing points in various parts of the country. shipment is expected fmm the nearest distribution point to datinxtion, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rates 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 Fan Collins harmless fmm and against all liability and loss mcume l by them by reason of an asserted an, established violation of any such laws, regulations, ordinances, rates and requirements. Authortation. All panics to this contract agree that the representatives are, in fact bona fide and possess fell and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additinnal or different terms and conditions proposed by.sellcr are objected found hereby mi,clnl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of tic essence. Dctivery 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 ofpanial late deliveries, shall opcmte as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of -placing this order cNewhc¢ and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of decays due to causes not reasonably foreseeable which an beyond its returnable control and without its fault ofnegligenee, such acts of God, acts fcivil err military tmhoritics, gro cmmental priorities, fires. strikes, flood, epidemics, wars err riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of del ivcry shall be extended for the period equal to the time actually lost by reason of the delay. ).WARRANTY. The Seller warrants that all gaud, articles. material., and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for wink of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may Sutler or incur on account of the Sellers breach of wammy. The Seller shall replace, repair or make good, without cost to the Purchascr, 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 waranty pmvided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goal by the Purchaser shall not constitute a winver ofany claim under this wartarty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wnrantics 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 Purchascr may make changes to legal tcmrs by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal tents, including additions to or deletions from the quantities originally ordered in the specifintinm m drawings. lw verbal or written change order. If nay .w¢h change affects the amount due or the time ofperfomtancc hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchascr 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 progress pmvided that the Purchascr shall not he liable for anv claims for anticipated Profits on the uncompleted portion of the good andior work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such temtinrtion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hacunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjtstmcm must be ascend within thirty (30) days form the date the chance or termination is ordered, S. COMPLIANCE WITH LAW. The Seller warmms that all goods sold hereunder shall have been pmdueed. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. T'he Seller shall execute and deliver such documents us may be required to effect or evidence compliance. All Ines and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless fmm all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, Many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller worn. nts full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfomnnce of this agreement, free and clear of any and all liens, restrictions, reservations. security interest cneumbmnccs and claims of ethers. I }. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchnscr may cause the work to be perforated by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. The Seller shall Nlcase the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfnmtancc of such work, This release shall apply even in the event of fault of neglieeacc of the parry, released and shall extend to the directors, offcers and employees of such party. The Seller's contractual obligations, including wam. My. shall not be deemed In be reduced, in any way, not such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever The Seller is required to use nay design, device, material or pmcess catered 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 pmeesa in connection with the contract and shall indemnify the Purchaser for any cost, expense or damnge which it may be obliged to pay by reason ofsuch infringement at any time during the pmsttution or a0er the completion of the work. In case said equipment, or any parr thereof or the intended use of the goods, is in such suit held to constitute infrinmentcnt and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it bmumcs anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assi)_mment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpcov or business. this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftemts used or the inicTretalion ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of -Colorado, USA. The following Additional Conditions apply only in cases what, the Seller is to perform work hcrcunclu, including the sea iecs ofSellers RePresCmalive(x), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall. in ease 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 Purchascr. R'hen materials and equipment are famished 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 mmaials 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 eoveml by this purchase order, and/or to their dvpcndetns 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 de.4 limits ofar least SM,Wo for any one pervert. S500,00n for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contramms. if any, to provide for such compemmion and insurance. Before any of the Sellers or his contractors employees shall der any work upon the premises ofmhers, the Scllcr shall furnish the Purchascr with a ccnificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvided, Such certificates shall specify the date whiten such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until nfier the entire wink is eonmlctcd 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 svhatsover In persons or pmNmy caused by or resulting fmm the execution fthe work pmvided for in this purchase order or in connection haewilh. The Seller will indemnify and hold hamulec the Purchascr and any or all of the Purchasers officers. agents and employees fmm and against any and all claims losses. damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchascr may be put or suhnct 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 be brought against the Purchnscr, or its olfiecrs, 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 tar employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the lime at the Sellers own expense, in pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incanted by or obtained against the Purhascr or any of its or their oRcers, agents or employees in such suits or other prnccedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchascr, or said parties in or as a result ofsuch suits or other proceedings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall like all safety preeaulions, furnish and install all guards necessary for the prevention of aecidems, comply with all Imes and reguations with regard to safety including, but without Iimitntion. the Occupational Safety and Health Act of 1970 and all rules and re. lotions issue(] pursuant thereto. Revised 03/2010