HomeMy WebLinkAbout144217 CANNON COCHRAN MANAGEMENT SERVICES INC - PURCHASE ORDER - 9140217PO
PURCHASE ORDER 914021er Page
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Fort Collins This number must appear
//_`'���—J`_' ` on all invoices, packing
slips and labels.
Date: 01 /09/2014
Vendor: 144217 Ship To: RISK MANAGEMENT DIVISION
CANNON COCHRAN MANAGEMENT SERVICES INC CITY OF FORT COLLINS
PO BOX 1783 215 N MASON, 2ND FLOOR
INDIANAPOLIS IN 46206-1783 FORT COLLINS CO 80524-4408
Delivery Date: 01/08/2014 Buyer: PAUL, GERRY
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED
DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT
A PROMISE TO PURCHASE ANY MINUMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
THIS PO IS SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER AGREEMENT BETWEEN THE
PARTIES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
CCMSI 1 LOT LS 123,800.00
Third Party Administrator
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 $123,800.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By stamm the City of Fan Collins is exempt firm stale and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Exese Tax Exemption Certificate of Registry 8J-6000587 is registered with the Collector of Failure of the Purchosee to insist upon strict paf errance of the tams and conditions Ismanf, failure or delay to
burned Revenue. Denver, Colorado (Ref. Colorado Revised Saturn 1973, 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 mcapame of or payment far floods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED do, to failure to meet specifications. either when shipped or due to defects of any of the wananeies or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in tonsil, may be rammed to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance her.for any of its rights or remedies as to any such goods, negodless
instructions from the City of Fon Collins. - of when shipped, received or accepted, as many Friar or subsoqurnt default bereunder, nor shall any purported
and modification or rrscisswn of this purchase order by the Purchaser operate as a waiver of any of the terns
Inspection. GOODS are subject to am City of Fort Collins inspection on arrival. hereof.
Final Accepanee. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS.
mormized payment on the pan of the City of Fart Collins. However, it 6 to be understood that FINAL Seller and the Purchaser recognire dum in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon mmpletion.fall applicable requirN inspection prcecdnrrs, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assibms to the Purchaser any and all claims it may now have or heren0er
Freight Terns. Shipments must be F.O.B., City of Fon Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under fedeml or smte antitrust laws for such overchmga relating to the particular goads or services
otherwise specified on this order. If permission is given to prepay freight and Burge separately, the original freight purchased or inquired by the Purchaser pursuant In this pumhase order.
bill must accompany invoke. Additional charges for packing will at be ace .mid.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacuni have distributing Points in vinous pairs, of the country, shipment is If the Purchaser direct the Seller to cort ct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution Point to destination, and excess freight will be doducted four Invoice when Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale rust All necessary pennies, certificates and licenses required by all
applicable laws, regulations, mdiaemx s and rules of the state, municipality, territory or political subdivision where
the work is pcdonnN, or required by any other duly corstitutcd public authority havingjunis fiction over the work
of vendor Seller father agrees to hold The City of For Collins hmmless Liam and against all liability and I,.
incurred by them by rasam of an asscned or established violation ofany such laws, regulations, ordimences, codes
and requirements.
Authorization. All parties to this contract agree thal the representatives are, in fact, bona Ede mad possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. Thu Purchuc Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different Terms and renditions proposed by seller are objecTN to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised delivery date as noted. Tom is of the essence. Delivery and performance must be ,Retied within the time
stated on the perchue order and the documents aruched hereto. No ass of the Purchase. including, without
limitation, acceptance of p mhd lace 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 elsewhere
and holding the Set liable for damages. Hoxdvea the Seller shall not be liable for damages as a result of delays
due in causes not reasonably, foreseeable which art beyond is reasonable moil and without its fault of negligence,
such ms ofGod, ass fcivil or rnilitmy authorities, governmental priorities, foe; strikes, Bond, epidemics, oars or
riots provided flou notice of the r.ndiuons arcing such delay Ls given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thercof. In the event of any such delay, the date of delivery shall be
extended for the period rapier To the time anara➢y lost by reason of the delay.
3.WARRANTY.
The 5e11er warrants Unit all goods, articles, materials and week covered by this order will conform with applicable
dmxings, specifications, samples andror other descriptions givre, 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 eaore. The Seller agree to hold the purchaser harmless from airy bass, damage or expense which the
Poehvser may suffer or incur on account of the Seders breach of warremy. The Seller shall replace, reyir or make
good, without cost to the purchaser, any defects w faults arising withia one (1) year or within such longer period of
time m may be prescribed by law or by the arms of any applicable warranty provided by the Seller afro The date of
meepimce of the goods furnished hereunder (acc<pmncce not to be unreasonably debyN), resulting from imperfect
of defective work dune of materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim tinder this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarnames, but such liability shill in no event include loss of profits, or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR -PURPOSE SHALL APPLY.
n. CHANGES IN LEGAL TERNIS.
The Purchaser may nuke changes to legal terms by ,it,. change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser nay make any changes to the terns, other dun lead rerm,, heading additions to or deletions form
the quantities ...malty ordered in me spttir..tons or draw'in,, by wemal or wdnen change order. If any such
change affects the amount due or ere time of performance hereunder, ern equitable adjunmem shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement us to any or all portions of the
goods then our shipped, subjccl to any equitable adjustment between the panics ea to any work or materials don is
prugtess posited that the Purchaser shut) Out be liable for any claims for anticipated profits on ere uncompleted
Portion of dae goods amV., work, far incidental or .... e tommial damages, and that no such adjustment be made in
favor of the Sciln with respect to my goo3 which arc the Sell. suMard stock. No such maturation shill relieve
the Purchaser or Use Seller army of their obligations as to my goods delivered bereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or motorman is
ordered
8. COMPLIANCE WTTI I LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regrilimms to which the goods are 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 agreement of this chumeter arc hereby incorpomeed herein by this reference. The Seller agrees to
indemrtiF' and hold the Purchaser harmless from all cost and damages suffered by the Purchaser as n result of the
Sellers failure to comply with such law•.
9. ASSIGNMENT.
Neither puny shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrium cement of the other parry.
10. TITLE.
The Seller wartmis full, dear tad unrestricted title to the Purchaser for all equipmeu, materials, and items famished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest
encumbrances and chums ofathem
The Seller shall release the Purchaser and is contractors of any tier from all liability and claims of any nature
resulting from the performance .1-such work.
This release shall apply even in the event of fault of negligence of the party mleared and shall extend m the
directors, officers and employees of such party.
The Seller's rontracteal obligations, including warn ty, shall not b, doemed to be reduced, in any way, because
such work is perfore red or caused to be performed by the Pumhaser.
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 fora any and all claims Car infringement
by rccom of the use of such patented design, device, material of process in connection with the contract, and
shall indermnify the Purchaser Car 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 No theraofor the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller sholi, at its own expense and at is option, either procure fur We
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipront, of modify it so it becomes monfringing.
15. INSOLVENCY.
If the Seller shill become insolvent or bankrupt, nuke an assignment for the benefit of creditors, appoint a
receive, or trustee for any of the Sellers property or business, this order may forthwith be ...seed by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be
rumored under and govemc l by the laws of the State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representsive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllds own risk until the same is fully completed and accepted, and ahall,
in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work of Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment me furnished 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 materials mxYm equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational
disease befits, to is employees employed on or is connection with The work covered by floss purchase Order,
and/or to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited m, contractual and automobile public
Iimility i, with bodily injury .-I J-11, limil, of w leash SJoo.Oao for any one person. 55W.00a nor w,y
one accident and property damage limit per accident of S400,000. The Sellershall likewise require his
convectors. if any, to provide for such compensation and insurance. Here= any of the SeActs or his contractors
employees shall do any work upon the premises ofalhers, the Seller shell famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ompensmim and insurance have heen provided. Such cerifemes shall specify the date when such compensation
and insmame expires. The Seller agrees that such compensation and insurance shall be maintained until after the
.tire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the edit, responsibility and liability for my and all damage, loss or injury ofany kind
or future whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. Tb: Seller will indemnify and hold hmmless the Purchaser and any
in all of the P a.baxwfs olfcen, agent and employees from and against any and all claims. Inssa, damage.,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason or any act, melon, neglect, omission or default on the pan of the Seller, any of his
comments, or any of the Sellers or contractor offc., agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees 0 any time on account or
by reason of my act, action, ncglc". omission or default of the Seller of any of his contractors or my of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees on assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all cost, charges, attorneys fees and other expenses,
any and all judgments that my be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained aganol the property of the Purchaser, or said Paribas in or us a result of Bach suits or other proceedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety lacerations, famish and install all guards, necessary for the prevention 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 Puri thereto.
Revised 03R010