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HomeMy WebLinkAbout433069 RICHARD V LOPEZ - PURCHASE ORDER - 9123489PURCHASE ORDER PO Number Page City Of 9123489 ' of z ` tuber mustarF6rt Collins on all invoices, packing slips and labels. Date: 06/1512012 Vendor: 433069 Ship To: NEIGHBORHOOD & BUILDING S RICHARD V LOPEZ CITY OF FORT COLLINS ATTORNEY AT LAW 281 N COLLEGE AVE 4450 ARAPAHOE AVE FORT COLLINS Colorado 80521 BOULDER Colorado 80303 Delivery Date: 06/15/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Admin Hearing Officer 1 LOT LS 10,000.00 Adm Hearing Officer Servs 2012 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: $10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Excerption Number is I L NONWATVER. 98-N502. Federal Excise Tax Exemption Cenifiewc of Registry 84-6(MS87 is registered with the Collector of Failure Of the Purchaser to insist .pan 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 rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepm nee of or payment for good hereunder or approval of the design, shall not release the SO let of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the 0smarties or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit, may be retuned to you for credit and am not mee hn to be replaced except upon receipt of written purchaser to insist upon strict palluxneofor any of its rights or rcmcdics as to any such gtocl., rcgardlesz infections from the City of Fan Collins of when shipped, received or accepted, as to any pnor or subsequent default hereunder. nor shall any purported and mMi ficatie or rescission of Ill is purchase order by the Purchaser operate as a maiver of any Of the terms Inspection. GOODS am subject to the City of Fan Call ins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITR UST CLA IMS. 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 of all applicable requited inspection procedures, violations arc in fact berme by the Purchaser. Theretofore. 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 have or hereafter Freight Terms Shipments most be F.O.B.. City of Fort Collins, 700 Wood St, Fen Collins. CO 80522, unless acquired under federal or state antitnst laws for such overcharges relating to the particular 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 Purchascr pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnuficmrers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller 10 correct nommrfoming or defective goods by a date to be agreed upon by the expected from the rarest distribution point to destination, and excess freight will be deducted from Invoice when Pumhnscr and the Seller, sad the Sella thcm.ncr indicates its inability or unwillingness to comply. the Purchaser shipments arc made form greater distance. may cause the work to be performed by the must expeditious means available to it, and the Seller shall pay all costs nssmiatcd with such work. Permits. Seller shall procure at sellers sole cost all necessary perils, certificates and licenses required by all applicable laws, 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 Fen Collins harmless form and against all liability and lusts incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorinmion. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This Pumhnse Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed homm or incorporated herein by rcfcrace. Any additional or different toms and conditions pmpm d by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in naive on your promised delivery date as noted. Time is of the, essence. Delivery and performance must be elTcded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser including. Without limitation, acceptance of partial late deliveries, shall operate 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 clscmbcm .M holding the Seiler liable for damages. Hnwwer, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its ma onalde control and without its fault ofnegligance, such acts of God, acts ofcivil or military authorities, governmental prindtics, fires, shikcs, Bond, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the firm When the Seller first received ka.icdgc 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 rile delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order Will conform with applicable drawings, specifications, samples aodlor other descriptions given, will be fit for the purposes intended, and perfomed with the highest degree of cam 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 Purchascr may suffer at incur on account of the Sellars breach of warranty, The Seller shall replace, repair or make good, without cost to the purehaseq any defects ar faults arising within one (1) your or within such longer period of time as may be proscribed by law or by the tents of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (aacpmncc not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under This wamnty. Except as otherwise pmvided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnucs 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. CHANG ES I N LEGA L TERMS. The Parehascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the terms, nther than legal tams, including additions to or deletions from the quantities originally ordered in the specificmions or drawings, by verbal or ...nen change order. If may such change affects the amount due or the time of Performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of file goods then not shipped. subject to any equitable adjustment between the panics as to any Work or materials then in progress, pmvided that the Purchaser shall not be liable for any claims for anticipated profits no the uncompleted portion of the goods and/or Work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs staMard stnek. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hemanda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he awned within shiny (30) days from the date the change or lcminntion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such doaumats as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agrccmcmts of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser hamles from all costs and damages 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 became due hereunder Without the prior written consent of the other parry. 10. TITLE. The Seller mum ins full, clear and unrestricted title to the Purchaser for all equipment, materials, and items amished in perfomancc of this agreement, free and clear of any and all firm, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting form the performance of such Work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimelon. oRtcas anti employees ofsnch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or causal to be performed by the Purchascr. 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 form 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 to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case 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 mcum for the Purchaser the right to continue asing said equipment or pans, replace the same with substantially equal bill m ninfringing equipment, or modify it sou it becomes noninfringing. 15. INSOLVENCY. If the Seller shall ha me insolvent err 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation ofthe agreement and the rights ofall panics hary nda shall be construed under and govcmcd by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the senicev of Scllcrs Repmsentative(s), on the premises ofothas. 17. SELLERS RESPONSIBILITY. The Seller shall carry unsaid 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 Sellars final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment ere famished by others for installation or acelion by the Seller, the Seller shall receive, ..lead. 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. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cmpinycea employed on or in connection with the work covered by this purchase order. and/or to their dependents in naordnnce with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, bill not limited to, contractual and automobile public inhility inxaratme With bodily injury and dcnth limits of err lens, S300,000 for any one enon, S500,MO In, anw one accident and property damage limit per accident of S406,006. The Seller shall likewise require his contractors, ifxny, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premise, of others, the Seller shall famish the Purchaser With a certificate that such compensation and insurance have been provided. Such certificates shall specify file date when such compensation and insurance 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 aficr the entire work is completed and acapted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nsamacs the entire responsibility end liability for any and all damage. Ins, er injury ofany kind Or nature whatsoever to persms ar pmpcny causal by or resulting from the execution of the work provided for in th is purchase order or in connection herewith. The Seller will indcmni fy and hold hamdes the Purchascr and any or all of the Purchasers ofBam. 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, emission or default no the part of the Seller, any of his contractors, or any of the Sellars or contractors oR'eem, agents or employees. In case any suit err other pmccMings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by rcu.n of anv act, action, neglect, omission or default of rile Seller of any of his eetmcmrs or any of its of their ofrecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own espouse, to pay any and all costs, charges, attorneys few and Other eapaucs. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents at enployces in such snits at other pmccMings, and in case judgment or other lien be placed upon or obtained against the poperty ofthc Purchascr, or said panics in or as a result of such suits or other proceeding.. the Seller will at once cause the same to be dissolved and discharged by giving bond or otham ism. The Seiler and his contractors shall take all safety precautions, famish and install all guards necessary for the pm%atioa of accidents. comply with all laws and regulations with regard to safety including. but Without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thcwto. Revised 03/2010