HomeMy WebLinkAbout108979 A & L SERVICES - PURCHASE ORDER - 9130410Fort Collins
Date: 03/12/2014
PURCHASE ORDER
PO Number Page
9130410 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 108979 Ship To: COMMUNITY DEV & NEIGHBORH
A & L SERVICES CITY OF FORT COLLINS
2329 W MULBERRY ST 281 N COLLEGE AVE
FORT COLLINS CO 80521-3224 FORT COLLINS CO 80521
Delivery Date: 01114/2013 Buyer: JOHN STEPHEN
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 MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Addendum to PO 1 LOT EA 10,000.00
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@fogov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
se Order Tents and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from slate and local tax«.Our Exemption Number is
11. NONWAIVER.
98-U<502. FWeal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon saner performance of the Ron, and conammor s hereof, failure or delay to
Formal Revenue, Denver, Colorado (Ref. Colorado Revised Statorer 1973, Chapter 39-26. 114 pd.
exercise any rights or remedies provided herein or by law, failure to promptly notify rise Sella in the evert of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall ram release the Sella of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects Of
any of the wamnmies or obligations of this purcham Order and shall not be deemed a waiver of may right of the
damage in transit, may be returned to you for credit and are not to be mplaced except .,an receipt of written
purchoser to insist upon sand performance hererfor 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, to; to any prior Or subsequent default himmader, nor shall any puryorted
oral modification or rescission of this purchase order by the Purchaser operate az a waiver of any of the terms
Inspection. GOODS are subject to the City of Too Collins inspection on arrival.
hereof.
Final Acmptance. Receipt of the meshmWise, saenxes o equipment in t«panse to this onto an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Full Collins. However, it is to be u.dersrooa that FINAL
Seller and the Puchcser t«ognize dar in actual er000mic practice, overcharges resulting from antimtst
ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedunss
violations am or fact berme by the Pachasa. Themofore, for gaud cause mad as consideration for cleating this
purchase order, thee Sella hereby amines to the Pumhaur any and all claims it may now have or hamper
Freight Temu. Shipments most bat P.O.B., City of Pon Collins, 000 Wood St., Fort Collins, CO 80522, unless
acquired under federal Or state antiuusl la. for such overemg. oiler., to the particular goods or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately. the Original freight
purchased or acquired by the Purchaser pa arral to this purchase order.
bill must accompany invoice. Additional charges for Woking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance, Where manufactures paints s t ills of the country, is
havedestinribon,
Scher m enact nonconforming or gunk by a lass to be by the
If the Purchaser directsSeller,
and I voice i
the prim m destination, and excess freight will be deducted from Invoice when
expected tram the nearest poi
doseddefective
comply, the Pas
a unwillingness to comply. the
Purchaser and the Seller, and the Seller thereafter indicates its imam,
maim fla
shipments ere made from greater disance.
ship
shall
by the most expeditious mean available to it, and the Seller shall pay all
may cause the wink t0 be v Pay
ark.
costs associated with such work.
Permits. Seller shall at callers sole cast all famous, certifies« atop licensees required all
eecesary
w
e s excitation, and roles of the sate, municipality, territory political subdivision Ha where
applicable laws, regulationse ti
The Seller shall release the Purchaser and its ontmaors of any tier from all liability and claims of any nature
the work is duly in over the work
reported by public minority havingl
or required by myyue
mulrwg from the performance afsuch work.
Fort Collinsed
all and loss
Sella lumber City Fan Cohfan,s from and t= all
of vendor Seller further agrees to hold rho Ciry
egulat
li modiliry
incurred rnM by rhea by reason of. ess<rted or established violation of any such laws, rcgulatiorrs, onthanc«, roles
This relww snail apply even in the went of faWt of negligence Of the party released and dull extend to the
ma regWremmk.
aireem«, officers arad employers Dram parry.
Authomation. All parties to this counce, agree thm the representatives are, in fair,. Firma fide and possess full and
complete amhority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
terrace. Any additional or different terms and conditions proposed by seller arc Objected to and hereby jetted,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your
promised delivery date as noted. Time is Of ilrc essence. Delivery card performance must be eRected within the time
stated on the prin:haw order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of pamial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and veritable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result Of delays
due to causes not calculably foreseeable which arc beyond its rmwtlable omrol and without its fault of negligence,
such acts of God, act of civil or military authorities, noverrmrnal priorities, fires, strikes, flood, epidemics, source
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days Of the
time when the Seller For received knowledge thereof lu the event Of any such delay, the date of delivery shall be
extended for the penal ecual m the time acmmtlly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, spmificadons, samples mdtor other descriptions given, will be fit for the pumas« intended, and
performed with the highest degree of care and competence th accONmce with acceptM satdardi for work of a
simile nature. The Sella agrees 1. hold the purchaser hamrlear, from any loss, damage or expense which the
Purchaser may suR or incur on account of the Sellers breach ofwamnry. The Sella shall replace, repair or make
good, without cost to the proxi al, any defens or faults arising within one (1) year or within such longer period of
time «may be prescribed by law Or by the terms of my applicable warranty provided by the Sella offer the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or are of goods by the Purchaser shall not
constitute a waiver of my claim under this warany. Except as otherwise provided in this purchase order, the Sellers
bobs lity hereunder shall extend to all damages vmaimmely caused by the breach of any of the foregoing warranties
Or moranters, bur such liability shall in no ecall include loss ofpmfits or loss Of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchutt may make changer to legal teens by wring change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tears, other than legal terms. including additions to a deletions than
the quantities impurity Ordered in the specifications or drawings, by verbal or whom change order. If any such
change affects the amount due or lire time of performance hereunder, an reparable adjustment shall be made.
6. TERMINATIONS.
Ile Purchaser may at any time by written change order, carmine this allurement as he any or all portions of J¢
gomk then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods mVor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any gook which me, the Sellers starldand stock. No such termination shall relieve
the PumM1.amr or the Sella ofany of their obligations as to any gods defirem d hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be Sssertcd within thirty (30) days from the date the change or tarrom do is
Ordered.
8, COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivaed and famished in strict
compliance with all applicable laws and regulations to which the grads are subject. The Sella shall execute and
deliver such documents as may be required to eITect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character ate hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless form all costs and damages suRervl by the Purchaser as a result Of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Nalher party shall mirage,.ansfer, Or convey this enter, or my monies due or to become doe heteunda without the
prior wrinm conscot Oftle other party.
10. TITLE.
The Sella warrants full, clear and constructed Isle to the Puchaer for all equipment, materide, and items f ishcd
in performance of this agreement, foie and clear of my and all liens, restrictions. reservations, security interesl
encumbrances and claims of other.
The Sellers centmcmal obligations, including remarry, shall not be dermal to be reeoed, in any way, because
such work is peRrtmcd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or possess covered by later, patent, trademark
r 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 formal in connection with the contract, and
skill indemnify rise Purchaser for any cost, experts, Or damage which it may be obliged to pay by reason ofsuch
infringement st any time during the information or after the completion of the work. In crow said equipment, or
my pan thereof or the intended use of the goods, is in such suit held to constitute infnngemenn and the use of
said equipment m pan is mjoirred, the Seller shall, or ifs own expenu cord err its uptiom either immune for the
Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but
noninGnging equipmmL Or modify it as it becomes onhifnging.
15, INSOLVENCY.
If the Seller shall become insolvent or baW:mpt, broke an assignment for the benefit of creditors, appoint a
cor trustee for any of the Sellers property or business, this older may forthwith be canceled by the
Purc
haser without liability.
to. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights of all hordes hereunder shall be
connmed order and governed by the laws of the Sale ofC.Ino do. USA.
The following Additional Conditions apply only in caws when the Sella is 0 perform work hereunder,
irluding the smices Of Sellers Representetive(s), Or the premk« afodcrs.
19. SELLERS RESPONSIBILITY.
The Sella shall any on said work in Sellers own risk earl the same is fully completed arad accepted, and shall,
in w of any accident, d«traction or injury W the work andnor materials before Sellers fiml completion and
eceptance, complete the work at Sellers own expense and to the satisfaction offl a Purchaser. When materials
and equipment are famished by Others for installation or erection by the Seller, the Seller shall receive, unload,
smrc and handle some at the site and became responsible therefor as rbough such materials mdlor equipment
were being fumisheM by the Seller under the Order.
18. INSURANCE.
The Seller shall, at his own expertise, provide for the payromt of workers comperwtirn, including oceupatioml
disease benefits, to its employees employed on or in completion with the work covered by this purchase order,
urWor 1. that deplandmts in accontance with the laws of the sate in which the work k ru be dons. The Seller
shall also carry comprehensive general liability including, but not limited to, smnlracbal and amomobile public
liability insurance with hoody injury arW Beam limits of at least 5300,nro mr, any noe person, 5500,000 Ira any
e accident and property damage limit per accident of S400,000. The Seller shall likewise neuritic his
contractors, if my, W provide for such comr venom and insurance. Before any of the Sellers or his contractors
employees shall do my work upon the premises of others, the Sella shall famish the Purchaser with a arriflcam
that such compensation and insurance have been provided Such cmiacmea shall specify the date when such
compensation and insurance have ban provided. Such cemificates shall specify the date when such compensation
and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepla.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby consumer the entire responsibility and liability for any and all damage, loss or injury of my kind
or wture whatsrver to persons or property caused by or resulting form the exertion ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser Sort any
r all of the purehasas oReers, agents and employees boom aM against my and WI claims, losses, damages,
charges or experrws, whether direct or inciter, aM whether 1. persona Or property m which the Purchaser may
be put or subject by reason of my act action, naglrt omission or default on the pan of the Sella, my of his
contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purcham, or its officers, agents m employees at any time on account or
by mason of any act, action, neglect, omission or default of the Seller of any of his commucmrs or any of its or
their offices, agents or employees as aforesaid, the Seller hereby agrees t0 assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charger, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my Of its or their agars,
agents or employees in such suits or other proceedings, and in cam judgment or other dim he placed upon or
obtained against the property of the purchaser, or said parties in or as a mull of such suits Or order proceedings,
the Sella will in once come the same to he dissolved and discharged by giving board or otherwise. The Sella road
his contractors shall take all safety precautions, furnish and mandi all guards necessary for the prevention Of
accidents, comply with all laws and regulations wida skald to safety including, but without inclusion, the
Ihmplawral Safety and Health Act of 1970 and all roles and regularities issued pursuant thereto.
Revised 03R010