Loading...
HomeMy WebLinkAbout131294 ROBERT TULLY - PURCHASE ORDER - 9126495 (2)Fort Collins Date: 06/26/2014 Vendor: 131294 ROBERT TULLY 733 MCKINLEY AVE LOUISVILLE CO 80027-1931 PURCHASE ORDER PO Number Page 9126495 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 12/19/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Change Order Replace broken panel 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.00m 1 LOT EA 3,423.00 Total $3,423.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector or Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REIECI'ED due to failure to mat specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replied except upon receipt of written instructions fmm the City of Fort Collins. Impaction. GOODS are subject o the City of Fun Collins inspection on arrival. Fired Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhnnurd payment on the foam of the City of Fan Collins. Hawrver, it is to be ondentood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teems. Shipments mast be F.O.B., City of Fort Collins, VW Wood St. Fort Collins, CO 80522. unless otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the anginal freight bill must accompany invoice. Audhiorsl chaegm for packing will not be accepsa. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is expected fmm the name distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all na., .its, certificates and licenses "i ire, by all applicable laws, regulations, cadmium and rules ofthe stare, municipality, territory or political subdivision where the work is performed, or required by any other duly conducted public outhoriry havingjurisdiction over the work of venter. Seller number mom to hold the City of Pon Collins hamJe,s from ant against all liability and loss into d by than by reason of an asserted or established violation of any such laws, regulations, industries, roles and bramccmeres. Authorization. All probes m this across, agree that the representarives are, in fact, hours fide and possess bull and complete authority to hint maid panics. LIMITATION OF TERMS. This Purchase Order expressly limits arceptance to the terms and mndinioas anted herein set form and any supplementary or additional tames and conditions anaxed hereto or inco"reed herein by refererre. Any additional ar di11'erent Rents and conditions pre ocad by seller are objared nand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as rated. Time is of the essence. Delivery and labormame mast be effected within the time staled an the purchase Omer and the documents atuched hereto. No acts of the Franciscans; including, without limitation, acceptance of panlal late deliveries, shag operate ss a waives i f this pmHsion. In the even, ofnnr delay. the Purchaer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding fe Sella liable for damages. However, the Seiler shall not be liable far damages. a result of delays due m mesas not rcamirmly foreseeable which are beyond its ...able consul and without its fault of negligence, such aces of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rots provided that notice of the conditions causing such delay is given to die Purchaser within five (5) days of the time what the Seller first received knowledge therm . In the sent of any such delay, the date of delivery shall be extended for the period regard to the time actually lost by anion of the delay. 3. WARRANTY. The Sella warrants that or goort , articles, mareriah and work covered by fix order will confom with applicable drawings, specificatious, samples maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted smndards for work of a -molar nature. The Seller mom to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of fe Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the Pachuca, any defects or faults arising within one (1) year or within such longer penal of time as maybe prescribed by law Or by the tones of any ,liable ...cry pmvidal by the Seller aBe, the date of acceptance of the goods fumished hereunder (acceptance not W be unreasonably delayed), resulting from imperfect or defective work done Or materials fumished by the Seller. Acceptance or use ofgwds by the Purchmer shall nor constitute a waiver Of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wimnloss or ga motas, but such liability shall in no event include loss ofperfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF IT TI'NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition m or deletions fmm the quantities Originally uNaed in the specifications or drawings, by verbal or written change order. If any xma change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puchaaer may at any time by written change order unninae this agreement ns to vny or till Ponies. of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purcha er shall Pot be ['able toe my claims far anticipated p.tits an the onanipIcled portion of the Was and/or work, for incidental or wrnsequential damages, and that no such Amarm n be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered hereunder. T. CLAIMS FOR ADIUSTMENT. Any claim for aLustmmr must be seamed within fiery (30) days (,am the date the change or tarm action is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ished in strict compliance wif all applicable laws and regulations to which the goads me subject The Seller shall execute and deliver such documents as r.y be required Ir effect or evidence compliance. All laws and regulations required so he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hvmless fmm all costs and damages suffered by she Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfeq or convey this order, or any monde, due or to become due hereunder without he prior written mnsen, of flue ome, party. 10. TITLE. The Sella warrants full, clear and morsnicied title to the Purchaser for all caf ipmeal, materials, and it. fumished N performance of this agreement, fees and clear of any ant all lie., restrictions, reserwrio., s rcunry interest mambo rance, ant claims of others, 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase Omer and shall nut be deemed a waiver of any right of the purchaser to insist upon strict performance havefor any of its rights or remedies. to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any performed coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser canards, that in actual economic practice, Overcharges resulting from antitrust violator. are is fact have by the purchaser. Theremfore, for good arse and as cmusidemtion for executing Otis purchase order, the Seller hereby assigns an the purchaser any and all claims it may now have or hereafter acquired under fedeoal or state comment laws for such ovemlaages relative to the particular goods or services purchased or imported by the Purchaser pursuant to this purchase ender. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct vonconfoeming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller fereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work R be performed by the rnOr expeditious mean available m it, ant the Sella shall pay all c.as associmed with such work. The Seller shall release fe Purhaser and its contractors of any tier from all liability and claims of any nature mulling fmm the performance ofsuch work. Ibis release shall apply men in the event of fault of negligence of the may, released and shall extend to the directors, once s ant employees ofsuch parry. The Settees contractual obligations, including summary, shall rim be damed to be reduced in any way, because such work is performed or caused to be performed by the Purchaser 14. PATENTS. Whenever the Sella is required to use any design, device, national or process coveted by lever, patent mdemark or copynght. the Seller shall indemnify and save hadle. the Purcb.er from any ant all claims for infringement by reaon of the sex 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 Ir pay by Own of such infringement at any time during the prosecution or after the completion of the work. In case said ryuipmen. or any pan thereof or the intended use of the goods, is in such suit held to comments, infringement and Oh, use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcum for the Purchaser the right to continue using said equipment or pats, replace the same with substantially equal but noninfdnging equlpmena, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or learkmpt, make an stonemason for the benefit of credimrs, appoint a receive, or vusas for my of the sinolder Sellers property or business, this may forthwith be canard by the Purchaser without liability. 16. GOVERNING LAW. The definition of teoars used or the compensation offs agreement and the rights of all parties hereander shall be contained under and governed by the laws of due Stare ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is onperform work hereunder, including the mice, of Sellers Representative(s), on thpremises ofathers. It. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Settees own risk until the same is Billy completed and accepted, and shall, in sex of any accident, destruction or injury to the work anchor materials before Seller's final completion and acceptance, complete the work in Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment me famished by others for installation or erection by fe Sella, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumished 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 benefits, 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 comprehensive general liability including, but not limited to, contractual and automobile public Iiouday romance with bodily injury and death limit, of at least $100,000 for any one person, 5500,000 for any one accident and properly damage limit per accident of S400,000. The Sella shall likewise require his if any, to provide for such compensation and in ens Before any or the Sellers or his commcmrs employees stall do any work u,no the promises of others, the Seller shall furnish the Purchaser with a certificate that ouch eommpensaim, surd insurance have been provided Such careficmtrs shall specify the data when such campmanim and insurance have been provided. Such eenIDmtes shall specify the date when such compensation and insurance expires. The Seller agrees fur such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assonses the mine responsibility and liability for my and all damage, loss or injury of any kind or nature 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. The Sella will indemnify and hold homeless the Purch:csa and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m person or property to which the Purchaser may be put or subject by sawn of any as,. action, neglect. omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or commcmrs officers, agents re employees. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agens or employees at any time on account or by reason of any art. action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers. agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to defend the same or the Sellers own expense, to pay any and ell costs, hmarges, a moos, fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or ivy of its or their officers, agents or employers . such suits or other praaedings, and m case judgment or other lien be placed upon or obtained against the property of the purchaser, or said panne, in a as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or ofeewise. The Sella and his convectors shall take all safety precte rions, fumish and install of guams necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the recombinant Safety and Health Act of 1970 and all rules and regulations issued pursuant Memo. Revised 032010