Loading...
HomeMy WebLinkAbout459015 STATES SELF-INSURERS RISK RETENTION GROUP - PURCHASE ORDER - 9122702City of F6rt Collins PURCHASE ORDER Date: 05/08/2012 Vendor: 459015 Ship To: STATES SELF -INSURERS RISK RETENTION GROU P INC 222 S 9TH ST, SUITE 1300 MINNEAPOLIS Minnesota 55402-3332 PO Number Page 9122702 tof2 This number must appear on all invoices, packing slips and labels. RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 05/08/2012 ;' Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Liability Insurance //1 LOT LS 173,782.00 i MAY 1 RENEWAL I 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 $173,782.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. fly statute the City of Ffn Collins is exempt from state and local taxes, fhrr Exemption Number is 11 NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-0000597 is regi,sicre l with the Collector Of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof, failurc or delay to Internal Revenue. Denver. Colorado (RcE Colorado Revised Statutes 1973. Chapter 39Q6. 114 (a), exercise any rights or remedies provided herein or by law, failurc to promptly actily the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the wanantics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon .strict performance hercofor 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, ax to any prior or subsequent default hereunder. nor shall any purported aml 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 CLAI NIS. authorized payment on the part of the City of Fort Collins. Hmsevcr, it is to be undersinod that FINAL Seller and the Purchaser recognize that in actual economic practice. Overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurcs. violations are in fact borne by the Purchaser. Theretofore for good cause and as consideration for excepting this purchases order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R.. City of Fort Collins, 100 Wood St., Fort Collins. CO 90522. unless acquiml under federal or sate antitrust Laws for such overcharges relating to the amicular goat Or services otherwise specified on this order. If permission is given to prepay freight and charge sepnmely, the original freight purchased or acquirnl by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manuf cturers have distributing prints in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made fmm greater distance. Permits Seller shall procure at sellers sale cost all necessary permits, ccrtifiwtcs and licenses required by all applicable Imes, regulations, ordinances and rates ofthe state, municipality. temitory or political subdivision where, the work is perforated, ar required by aqv other duly constituted public authority having jurisdiction over the work of trader. Seller further agrccs to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this conraet agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional (arms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed byxller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to trice on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hcrctu. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howxsrq the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of find. acts of civil or military authorities. govemmcatal pion tics, lams, strikes, flood, cpidcm ics, wars or rims provided Ihat notice of the candi tiros caning such delay is given to the Purchaser within five (5) days of the time when the Seller find 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 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 name. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of Wum. my. 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 pmseribcd by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good, by the Purchaser shall not constitute a waiver ofanv 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 crane of the fmcgoing wamatics or guarantees, but such liability shall in no event include lots Ofpnafits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L TERMS. The Purchaser may make changes to legal terms by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal lemurs, including additions to or deletions Firma the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfommancc hereunder, an equitable adi uamcat shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as In any or all portions of the goods then not shipped, subject to any equitable adjustment bctsseen the parties as to any work or material, then in progress provided that the Purchaser shall not he liable for any claims for anticipated pmlitc on the uncompleted portion of the grads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which are the Sellers standard stack. No ,aclt termination shall relieve the Purchaser Or the Setter of any of their obligations as to any goods del if hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjostment must be asserted Within thin' (30) days from the date the change or termination is nodded. g. 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 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 he incorporated in agreements of this character are hereby incorporated Immin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all toss and damages suffered by the Purchaser as a result ofthe 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 party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomtance of this agreement, free and clear of any and all liens, restrictions resenntions, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purehu,O diOvtx the Scllcr In coned nonconforming Or defective goods by a dace to be agreed Open by the Purchaser and the Scllcr, and the Seller thcrcafter indicates its inability Or umvillingncss to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all cn<ts associated with such work. The Scllcr shall release the Purchaser and its ca untoom of any tier from all liability and claims of any nature resulting fmm the perf rromce of such work. This release shall apply even in the event of fault of negligence of the patry released and shall extend to the ditecmrs, oRcers and cal ployccs of such party. The Seller's comrn tuil obligations. including warranty, shall not be deemed to be reduced, in any way. because such work is perfomed or caused to be perfomaed by the Pfimhaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent, tmdcmrk or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use Of s ch patented design, dcwice. material or process in connection with the contract mad shrill indemnify the Purchaser for any cost. expense or damage which it may be Obliged to pay by reason of such infringement it any time during the prosecution or nOcr the completion of the work. In ease said equipment. or any pan 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringine equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beeonse insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Set hers property or business, this order rosy forthwith be efface led by the. Purchaser without liability. 10. GOVERNING LAW. The definitions oftcmms fixed or the interprcladon of the agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perfarut Work hereunder. including the services of Sellers Representmive(s), on the premises of others. 17. SFLLERS RESPONSIBILITY. 'I he Scllcr shall carry on said work at Sellers own risk until the same is fully completed and neeepted, 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 Sellers own cxpene and to the smisGction ofthe Purchaser. When materials and equipment arc fumished by then for installation or mcclion by the Seller, the Seller shall mecive, 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. 19. INSURANCE The Seller shall, at his own expense, provide for the payment of s,orkem compensation, including occupational disease bcncfns. to its employees employed on or in connection with the work covered by this purchase order. author to their dependents in accordance with the laws ofthe smtc 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 iraanncc with boalily injury and death limits of at least 53mT sat for any one person. 5500.000 for any one accident and pmpcny damage limit per accident of S4000N). The Scllcr shall likewise require his contractors. if any, in provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do nay work upon the premises of Others, the Seller shall furnish the Purchnscr with a certificate lhal such compesation and insurance have been provided. Such certificates shall specify the date when such oanmensation and imarrnnec 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 ancr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability Infamy and all damge. log or injury ofany kind or nature whatsoever to persons or propcny erased by or resulting from the execution ofthe work provided for in this purchase order Or in connection herewith, q'be Seller mill indemnify mad hold hamdess the Purchaser and any or all of the Purchasers officers, agents and cnmployces from and against any and rill Onions, losses, damages, charges or expenses, whether direct or indirect, and whether to pconon, Or property to which the Purchaser may he put or subject by reason of any act. action, neglect. omission or default on the pan of the Seller, any of his eontonetors, or any Of the Sellers or contractor, ORcers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its ufF¢cn. agents or employees at any time no account or by maxam of anv 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 assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys faces 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 lien he placed upon or obtained agdo,l the Property of the Purchaser, or said parties in or as a result Of such suits or other pmeeedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or wherwisc. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary, for The pmvention of accidents. Comply with all Ian's and regulations with regard to safety, including. but Without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations is ucd paunam themm. Revised 03/2010