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HomeMy WebLinkAbout131294 ROBERT TULLY - PURCHASE ORDER - 9126495City of Fort Collins PURCHASE ORDER PO Number Page 9126495 1of2 This number must appear on all invoices, packing sli s and labels. Date: 05/21/2014 Vendor: 131294 Ship To: ENGINEERING DEPT-MASON ROBERT TULLY CITY OF FORT COLLINS 733 MCKINLEY AVE ENGINEERING DEPT-MASON LOUISVILLE CO 80027-1931 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 12/19/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 4 Change Order 4 1 LOT EA 1,420.00 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@fcgov.wrn Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt Gam state and local taxes. Our Exemption Number is 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defucts of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of women instruction, Gam the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can esull in authorized payment on the part of the City of To& Collins However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable,quired inspection procedures. Freight Terms. Shipments mast be F.O.U., Cory of Fort Collins, 700 Wood St, Fan Collins, CO 80522, Padres otherwise specified on this aide,. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in varicow parts of the country, shipment os expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dstance. Permits. Seller shall procure at sellers auto war all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and Pales ofthe sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority basing jurisdiction over the work of wrialm. Seller firths, agrees to hold the City of Fort Collins harmless from and against all liability and loss trimmed by them by reason of an sawor established established violation or any such laws, regulations ordinances, miles and requirements. Anthonzarion. All parties to his a.m., agree that the representatives are, in fact, bona fide and Possess full and complete authorty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sea forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your madeised delivery date ed acted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereon. 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 Purchase, chal I have, in addition to other legal add equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall or be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or mllotary amhor n., governmental priorities, fires, strikes, Flood, epidemics, wars or Pots provided that notice of the conditions looms such delay is given to the Purchaser within five (5) days of to time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for me period equal to the time actually 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, specifications, samples wagon other descriptions given, will be fit for the progrow intended, and performed with the highest degree of care and competence in accordance with accepted mandara, for work of a milar mature. The Seller agrees to hold she purchaser harmless from any loss, damage or expomse which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good withom cost m the muchro , any defies or finals arising within one (1) year or within such longer named of time no maybe prescribed by law or by the teats of any applicable warmoty provided by the Seller after the dare of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from omperm t or defective work done or materials famished by the Seller. Acceptance muse of goods by the Purchaser shall not consomme a waiver of any claim under fie wammnry. Except As otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of vny of to foregoing warranties 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal corms by written change oMe,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions Gom me q—onto- uWimuly ordered in me specificmimus or drawings, by verbal or written change order. If any such change appeals the amour due or the time of pefomance hereunder, an quiuble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wiitlen change order, Pr miwte this agreement s to any or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies s 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 me goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which are the Sellers sundaN stock. No such termination shall relieve the Freshmen or me Seller of any oftheir obligations as to any goods delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be roomed within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants the, all goods sold hereunder shall have been produced, sold, delivered and famished in tuna compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such docurnomt us may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold to Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with .an law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wri0en cuarmin efthe other party. Ili. TITLE. The Seller wamans full, clear and unrnfeted title to the Ponderer for all equipment materials, and items famished in performance of this agreement free and clear of any and all lies, restrictions, mamations, security interest encumbrances and claims of others. 11. NONWAI V ER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to any rights or remedies provided herein m by law, failure to promptly notify to Seller in the event of a breach, the acceptance open payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stet performance hereof or any of its rights or remedies es to any such goods, regardless of when shipped, r0vcved m accepted, s he any poor or subsequent default hereunder, oar shall any purported oral modification or rescission of this purchase order by the Purchaser ocemte as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual m re economic practice, overcharges soling from titrust violations am in fact home by he Forecast, Theremre injury, for food amuse suit as consideration for executing this purchase order, the Seller hereby assigns t0 the Purchaser any and all claims it may now have or hereafter acquired under federal or state amition laws for such overcharges relating to the particular goods or services purchased m sequin el by the Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifrhe Purchaser directs the Soler to normal nonconforming or detective .ad, by. data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all wen asaooated with arch work. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of to party released and shall extend m the duecmrs, of ieers Paid employees nfauah carry. The Settees contractual obligations, including warranty, shaft not be deemed to he reduced, in any way, because such work is performed m caused to be performed by the Purchaser. 14. PATENTS. Wheneverthe 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 from 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 inGngemenr 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 sends, is in mch suit held to constitute infringement and to use of said equipment or pan is dammed, 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 noninfringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a rocerver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions oforms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be contained under and gsemed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder including she services of Sellers Represenutive(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work an Sellers own ark .,it the same is fully completed and accepted, and shall, in e of any accident, destruction of arm, to the work and/or mdtcrials before Settees final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. Whom matenda and equipment are famished 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 tough such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease beneEs to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, co rf rchar,me general liability including, bur not limited to, coutmchul and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,OW for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his enactors, if any, to puts red for such compensation and isurence. Before any of the Sellers or his contractors employees shall de any work upon the premises of others, the Seller shall famish the Purchase, with a ceniMam that such compensation and insurance have been provided. Such cenificams shall specify the date when such compensation and insurance have been provided. Such candidates shall sp,city the date when such wmpensatum and insurance expires. The Seller agrees that such composition and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resposibility and liability for any and all damage, loss or injury of any kind or nature whosoever to persons or property caused by or resulting from to execution of the work provided for in this purchase order or in connection fienewit. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers offices, agents and employees aim farm and against any and all always, losses, damages, harges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or data.[, im the part of the Seller, any of his ontractoq or any of the Sellers or contractors officers, agents or employees. In case any suit in other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by rwmn of any act, action, neglect, omission o, default of the Seller of any of his contractors m any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof add to defend the same at the Sellers own expense, to pay any and all cost, charges anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the purchaser or any of it or their officers agents or employees in such suit or other proceedings, and in cam judgment or other lien be placed upon or obtained against to property ofthe Purchase, or said parties in or as a result of inch sums or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seller Pad his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and mgulaion with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and murderous issued pursuant Owned. Revised 03Q010