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HomeMy WebLinkAbout130469 THE BRENDLE GROUP INC - PURCHASE ORDER - 9125286Fort Collins PURCHASE ORDER PO Number Page 9125286 loft This number must appear on all invoices, packing slips and labels. Date: 10/02/2012 Vendor: 130469 Ship To: CITY MANAGER THE BRENDLE GROUP INC CITY OF FORT COLLINS 212 W MULBERRY ST 300 LAPORTE AVE FORT COLLINS Colorado 80521 CITY HALL WEST- 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 10/02/2012 Buyer: ED BONNETTE Note: PER PROPOSAL FROM JUDY DORSEY TO SUSIE GORDON DATED 9121/12. Line Description Quantity UOM Unit Price Extended Ordered Price 1 TBL Analysis 1 LOT LS 2,497.50 Plastic Bag Ban 2 TBL Analysis 1 LOT LS 2,497.50 Plastic Bag Ban Total $4,995.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempting. By statute the City of Pon Call its is exempt from state and local taxes. Our Ixemption Number is 11. NON WAI V ER. 98-04502. Federal Excise Tax Exemption Cmi0city of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the team and conditions hereof, Gilare or delay to Internal Became. Denver. Colorado (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, Ili (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 ofo, payment far goods hereunder or approval ofthe design, shall not rclege the Sella of Goods Rejected, GOODS REJECTED due to failure to meet spaifeations, 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 is transit, may be, returned w you for credit and are not to be replaced except upon receipt of won't, pimhaseno insist .,an strict performance hereof army of its rights or remedies as many such goods, regaMess indaetiona from the City of Pon Collins. of when shipped, meeived or -,,led, as m any prior or subsequent default hereunder, nor shall any purposed uml nmdifimuinn er res— on of this purchase order by the Purchaser operate as v waiver of ;my of the tams Inspeaux, GOODS are s ibjeoua the City or Fan Callins inspection oa.-A. heroal'. Final Acceptance. Receipt of the merchandise, m e r equipment in response inthis aide, cat gult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of FootCollins. Howavm, it ism be understood that FINAL Seller and the Purchaser recognize that in wale c practice, overcharges resulting from agas ht ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Function, Theretofore. for good Buse and as consideration for executing this purchase order the Seller hereby assigns ,o the Polluter wry end all claims it may now have or hereafter Freight Terms . Shipments must be, F.O.B., City of Fiat Callins. ]eft Wood St, 1'on Collins, CO 90522, unless acquired under federal or state antitrust laws for such oncrOul relating to the particular good or services otherwise specified on this order. If permission is given to prepay fiemght and charge sepratdy, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill mart accompany invoice. Additional charges for packing will net be accreted. 13. PURCI (ASHES PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance.Where manufactures have distributing points in various ens of the country, shipment is If the Purchaser direr¢ the Seller to correct nonconfoniing or defective goods by a dare to be agreed upon by the a,amd from the nearer deardinum. point to destination, and excess freight will be deducted from Invoice when Purchasernnd the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhaser shipments are made from Greater dktner. may these the walk to be performed by the most expeditious means mailable in it, and the Seller shall pay all costs associated with such work. I'ernna. Seller shall pro vt sellers sole cos, all oreasair, permits, ccnificams and licenses m,ai.1 by all applicable laws, regulations,, aldimnce, and ales of the state, mumic,da,, territory or political subdivision where the work is perfnnied. or required by,ny olhor, duly corshtmed public sumomry, huvingpoisdonal over the work or vendor. Seller further agrees m hold the City of Fort Collins harmless from and against ,It baldly and loss inamed by them by region of an mosened or rsmblished violation of any such laws, regulutlots, ordinances, ales and re,turaments. Aulhonzaticn. All parties to this contract agree that the repreuntafixes art, in fuel, bon, fide and possess fill and omplete authority to bind said panics. LIMITATION OF TERMS this Purchase Order expressly firm¢ acceptance to the rams and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions postal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately dfyou cannot make complete shipment to arrive on your pro sed delivery date as noted. Time is of the essence. Delivery and performance must be effected withm the time stated on the purchase older and the document otadual Part, No acts of the Pmchawrs including, without Inhibition, acceptance official Late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchma shall have, in addhlon to other legal and egrdtable remedies, Ill, option ofplacing this aide, elsewhere and holding Ihe Seller liable for damages. However, the Seller shall not be liable fur damages as a result of delays due to causes not reasonably foreseeable which are beyond its rasonable control and without its fault of negligence, inch acts ofGod, acts of civil or military authorities. governmental priorities, fire,rtnkes, Rood, epidem dots provided that notice of the conditions carving such delay is given to the Purchaer within five (5) days of the time when the Seller first received know lage therroC In the event of any such delay, the date of delivery shall be extended for the period equal m the lime actually lost by reason of the delay. 3. WARRANTY. The Seller u'a.,, that all goods, ankles, materials and work caned by this older will conform with applicable drawings, speciferims, samples and/or other descriptions given, will be fir for the purposes recorded, and performed with the highest degree of cure and competence in accordance with accepted standards for work of a mila, nature. The Seller agrees a hold the purchaser stainless from any loss, damage or expense which the Purchaser may suffer or incur on accurch of the Sellers breach efw,renty. The Seller shall re eplac repair or make good, within cos, to Ore porch amr, ant y detects or faults ansing within one (U year or within such longer period of tmnx.m miry be prescribed by law or by fix trans ol'any aPPlicable w'.my pre idal by the Seller after the date of ccepumce of he gads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mutenals furnished by the Seller. Acceptance or use of good by the Purchaser shall nit, constitute a waiver of any claim under this memory. Bereft ns otherwise provided in this purchase order, the Sellers liability hrreun er shall extend to all damages proxmmmely caused by the breach ol'.any of the foregoing w'nrantia or gumnntces, but such liability shall in no rent include toss efpmfies or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchma may make changes to legal tears by wdtm change order. 5. C14ANGES IN COMMERCIAL TERMS. 'I he Purchaser may make any changes to dsv terns other than legal teamddt , including vtions to or deletions from the quantities originally ordered in the sped feutimm err drnwings, by verbal o wriuen change order If any such change a@as the amount due or the time of performance hereunder, an equitable adjnstntenl shall be muds. 4.'IERMINATIONS. 'Ihe i'mrhaw, obay at any lime by wriuen charge order, machinate this agreement its to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials men in progress provided that the Purchaser shall not M liable for any claims for inicipncd profits on the uncompleted portion of the goods maker ark, for incidental or consequential damages and dial no such adjustmentm be ade in favorof the Serer with respectany goods which are the Seller standrd stock. No suet mrminmion shah reline the 1'urchuser or the Seller army odd ia, obligations to m ony goads delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjgtment must be assured within thirty (30) days from the doe the change or rennmamon i ordered. R COMPLIANCE WITH LAW. 'Me Seller warrants that all goads sold hereunder shall hove been anduced, sold, delivered and fnmished is strict ... p hanee with all applicable laws and regulations Ira which the goods am sobject. 'Ihe Seller shall a cute and dcliv rah due ante as may be legai,cdll effect or evidence compliance. All laws and regulations required to be in¢orporated in agreements of this character are hereby incorporated herein by this reference, Tre he Seller ages to dent ni by and hold me Pumhasu harmless I'am all costs and damages suffered by the Purchaser of a result of the Sellers fortune to comply .,in such law, 9. ASSIGNMENT. Neither pay shall assign, vuosfa, or coma, this older, or any monies due or to become due hereunder without the prior written command afore other pay. 10. TITLE. The Seller .-ram, full, clear and mora aged title m the Purchaser far all tyumpmenl, materials, and I,. famished in performance of this agreement, five and clear of any and all liens, resmaiens, reservations, security nuclear cncumbrunces and claims of others. The tiller shall glove fie Purchaser and its canlntnors of any for from all liability and claims of any nature resulting fresh h, performance ofsuch work. This rims, shall apply ewren in the even) of mall of negligence of the parry released! wad shall mend ,o the direclom. oflittm and employees ofsuch party. The Seller's coutmetuai obligations, including warranty, shall not be deemed to be rcdura. in any way, because such work is parforn ed or caused to he performed by the Purchaer. 14, PATENTS. Warmer, the Sella is require) m use any design, device, matenal or process covered by later, patent, trademark or copyright, the Seller shall indemnify' and save h:gldgs the Purchaser From any and all claims fur infringement by reason of the me of such patented design, device, material or pacess in connection with the central,, and shall indanni ly the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such radii ngcman al any lime during the prosecution or alter the completion of the work. In case said equipment, or any pen II ... cut or IIIe intended use of the gads Is III shell at, held to constitute infiin, cut lard the use of slid equipment or an is enjoined, the Seller shill, al its own expense and at its option, either procure for the Purchaser the right to continue using said a mpnrenl or pans, replace the same with substantially equal but m aild'ringing equipment, or mndify it she it becomes noninfringing. 15. INSOLVENCY. If ,he Seller shall become insoIvan, or earnings. make an rsignment for the banal of creditors, appaird a receiver or mace fur any of the Sellers property or business, Nis order may forthwith be canceled by the Purchase, without bability. 161 GOVERNING LAW, The defirion. of,ems u ed or the interpretation of the agrremenl and doe rights of al I emirs hereunder shall be constmed under and governed by the la. of the Stale of Cnlar.&, USA. The following Additional Conditions apply only in cams where the Seller is to perform work hereunder, including the services of Sellers RhUmmnadive(s), on the premises of others. I]. 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 e of any accident, destruction or injury to the work snider materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the progra , When from eds and equipment are famished by others for instillation or erection by the Sell, the Seller shall amewc, unload, same and hodle tome at he site and become responsible therefor as though such rims rials or equipment were being famished by the Seller under the order. LL ReSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occpptional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andtm to their dependents in accordance with the laws of the state in which the work is la be, done, The Seller slmll nbo carry comprehensive general liability including, but ,tot limited to, commend and :Immobile public liability insurance wish bodily injury and death limits of ,I Icgt 5300,000 for any one person, $500,000 fur ony now caidrut and proper damage limit pm accident ,1 $400,000, The Seller shell likewise require his cro onvenors, if any, to provide for such compensation and insurance. Before any of the Sellers ,, his umtmemts ,.,layers. shall do any work upon the premises of others, the Seller shall famish the Purcha er with a mailbox that such compensation and insurance have been provided. Such certificates shall specify the date when such ompensation and insurance have been provided. Such cri ificams shall specify the date when such compensation and ingumourc expires. The Seller agrees dial such compensation and insurance shall be maintained until after be entire walk is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire renewa biliry and liabiliry for any and all damage, Ions or injury ofany kind or malure whabocver to persons or paprry caused by or resulting farm me execution of the work provided form this purchase order or in connection herewith. The Seller will indemnify and hold hamrless the Purchaser and any cr all of the 1'urchasers of ices, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect. and whether to p mm, or property to which the Purchaser may be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his anwemrs, o ofly of the Sellers o unvactors erlicas, agents err employees_ In case ally snit or other proceedings. shall be brought against the Purchaser, nr its nlEcca, vgbe', or employees a1 any time on account or by reason or arty net, urban, neglect. omission or at of the Serer of any of his contractors or any of or their offiers, agents o, employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense o pay any and all rows, charges meya fees and otter expense any and all judgment, that may be incurred by or obtained agaimt me Purolator or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lira be placed upon or obtained against the property, ofthe Purchase, or said panics in or as a result ofsuch sums, or other proceedings, the Seller will at once cause the same to M branched and discharged by giving bond or otherwise. The Seller and his contractors shall take all aafaty precautions, furnish and install all guards mecmtary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safety and I health Act of 1970 and all rates and regulations issued puOu tthereto. Revised OV201 I