Loading...
HomeMy WebLinkAbout114918 JAMES B O'NEILL - PURCHASE ORDER - 9143738Fort Collins Date: 07/02/2014 Vendor: 114918 JAMES B O'NEILL PO BOX 942 FORT COLLINS CO 80522 PURCHASE ORDER PO Number I Page 9143738 1 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PURCHASING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 805244408 Delivery Date: 07/01/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Invoice 2014-CFC-01 Consulting Services 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.mm EA 200.0000 200.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 WIRRIM617[�Ti Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fon Collins is exempt form unusual local gams. Our Exemption Numb« is 98-04502. Federal Excise Tax Exemption Certificara of Registry 84-6000587 is registered with the Collator of Inaerral Revenue, Denver, Colorado (Rd. Colorado Revised Seoul. 1973. Chapter 39-26, 114 (a). Good Rejected. GOODS RFJECfED due m failure to meet specification, either when shipped or due on, defects of damage in mount, may be rammed to you for credit and are not to ba replaced except upon receipt of women interactions from the City of Fos Collins Inspection. GOODS arc subject to the City of Ford Collin inspection on amoral. Final Arecpmnce Rmeipl of the membndim, m or egmpmm, in response to this order can result io authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments must be F O.B., City of Fan Collins, 700 Woes] St., Pon Collins, CO 80522. unless otherwise spacifed on this order. IfpOmssion is given to prepay freight and <louge separately, the original freight bill most reco arsaw invoice. Additional charges for Docking will nod be accented, Shipment Distance. Where manufacturers have distributing points in various pans of he country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, ani0cates and licenses radial by all applicable laws, regulation, ordinances and roles of the state, municiNlity, territory or political subdivision where the work is p«fanned, or nquiM by any other duly romtimted public as larriry having jurisdiction over the work of vendor. Seller fusht, agrees to hold the City of Fort Collin harmlaw form aM again, all liability and loss incurred by them by reason of an rowned or established violation of any such laws, regulation, ordinances, mles and requirements. Aulhorizvtim. All panda 10 this contmn agree that the represme twes arc, in fair,, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits eaapmnce to the terms and condition stated herein set iamb and any supplementary or additional Tenn and conditions annexed battles o, inempomted herein by releases. Any additional or differ., terms and conditions propwed by seller arc objected m and hereby rejected. 2. DELIVERY. PL17ASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dine as noted. Time is f,he essence. Dclivaryand Performance marl be effected w',,bar the time stated on the Purdusa order and the documents attached Laredo. No acts if tire Purchasers including, wimou, limitation, accgranee of partialtaudeliveries, shall operate as a waiver ofthi, pmvisman In the event ofairy delay, the Purchaser shall have, in addition no after legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fir damages n a result of delays due to causes not reamnably Ibresaable which are beyond its reasonable emnrol and without in fault of negligence, such was afGod, is of civil or military, authorities, governmental prionties, fires, strikes, rood, epidemics, wars or hots provided that notice of the conditions caning such delay is given to the Purchner within five (5) days of the time when the Seller first received knowledge thereof In the went of any such delay, the date of delivery shall be exrendce for the period equal to the lime actually lost by reawn fthe delay. 3. WARRANTY. Ile Seller warrants that all goods, articles, materials and work covered by this order will cant with applicable drawings, specification, samples md'or other desorption gists, will be fit for the purposes intended, and performed with the highest degree of care and temperance in accamme a with accepted standard for we& of a similar mature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may safer cr incur an account of the Sellers breach of wartanty. The Seller shall replace, repair or nuke goad, without cosno the purchaser, any defects car faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the m— of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting tram imperfat or defective work done or materials f fished by the Seller. Acceptance or we of good by the Purchaser shall or constitute a waiver of any claim under 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 any of the foregoing warranties or atnnra dis s, but such liability shall in no event include loss of profits or boss of use. NO IMPLIED WARRANTY OR MERCI IANTABI LITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by woven change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehn« may As any changes to the terms, other than legal mums, including additions m or deletion form the quantities ongitully ordered in me ,pecifrarinrts or drwings, by veAal or written change order. If any such change alfeas the amount she or the time ofparronmaocc hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by wrinen change order, temeirum this agreement at to any or all portions of the ,and then nor shipped, subject 10 any equitable edjtWmrnt between the pasties as to any work or reaalerials then in progress provided that the Purchaser st nor be liable for any claims for anticipated pro cs on the uncompleted ,man of the gaud andlin work, far incidental or emsequc and damages, and him no such adjustment be made in favor of the Seiler with respect m any good which art the Sellers standard stork. No such mmuimdon shall relive the Purhaser or the Seller ofany oftheir obligations as to any goad delivered hcmunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty, (3o) days from the dale the change or germination is mrderce. 8. COMPLIANCE WITH LAW. The Seller warrants that all gno& sold hereunder shall have ban produced, sold, delivered and famished in strict umpliance with.11 applicable laws and regulations to which she goods arc subject. The Seller shall execum and deliver such documents n may to required to effect or evidence compliance. All laws and regulations required to be inem,maled in agreements of this character are hereby Incorpomred herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damage, suffered by the Purchaser as a 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 became due hereunder without me prior wrinen coven, it other parry. 10. TITLE The Seller w ri full, clew and muestnend title m the Purchaser far all equipment materials, and items managed in performance of this agreement free and clear of any aM all liens, rarriaion, reservation, memory interest ea rumbmnew and claims of offer, I I. NON WAIVER. Failure of the Pumhner to insist upon strict performance of the terms and condition hereof, failure or delay to any rights or mmceics provided herein m by law, failure to promptly It fy the Seller in the event of a beach, the acceptance of or payment far goads hereunder or approval mOlte design. shall rot release the Seller of any of ten waeranties or obligation of this purchase oNer and shall not be, damed a waiver of my right of the purchaser to insist upon stria Performance imager any of its rights or remedies as to any such goad, regardless ofwhen shipped, received m aerospace, as to any .or or subsequent default haeuader, nor shall any purposed Deal modification or rescission of his purchase order by me Purchase, operate as a waiver of any of the mount hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ceis practice, overcharges resulting from antitrust violations are in fact bane by the Purchaser. Theretofore, for good cause end as considemlion fir executing this purchase order, the Seiler hereby assign m the purchaser any and all claims it may anw have or hereafter acquired under federal or state antitmsr laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to His purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coma nonconforming or detective good by a date to be agreed upon by d w Purchner 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 costs associated with such work. The Seller shall release the Purchaser said as contractors of any tier form all liability and claims of my nature retailing form the performance of such work. This release shall apply non in the aen, of foul, of.egimmus, of the parry «leased and dull extend 10 the directors, officers am employees clinch parry. The Sellers contractual obligations, including warranty, shall not be darned to be rdocad, in any way, because such work is perf ed or caused to he performed by rise Punchiest. 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 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 inMnganenl at any time during the prosecution or after the completing of the work. In case said equipment or any pun thereof or the intended use of the gonJs, is in meM1 suit held to constitute inlriagamend and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said muipmem or pans, replace the same with substantially equal but naninfringing campnsnt or modify it so it becomes concentrated. 15. INSOLVENCY. If the Seller shall become insolvent or bardmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers Formal or business, this order may forthwith be canceled by the Purchaser wilham liability. to. GOVERNING LAW. The definition of e. mall or the inmrpre anum of the agavarri and me rights of all parties hereunder shall be canhumd under and governed by the laws ofthe State afColorddo. USA. The following Additional Condition apply only in uses when the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work in Sellers own nsk until the same is Polly completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers Basal completion and acceptance, complete the work at Sellers own expense and to the smisfaction of the Purchaser. When mammals and equipment am Ihmished by others for installation or erection by the Seller, the Seller shall receive, ..lead, stare and handle same at the site and became responsible therefor as though such materials ardor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymart of workers compenmtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anther to their defrauders, in accordance with the laws of the state in which the work is to be done. The Seller shall also army compahenive general liability iodating, but not limited to, contractual and automobile public liability, insurance with bodily injury and death limits of at least 5300.000 be my one soon, $500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise reclaim his contractors, if any. to provide for such compensation and iasumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller thall famish the Purchaser wit a ttnificare that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been presided. Such certificates shall specify the date when such compensation and assistance expires. The Seller agrees that such compensation and imunrce shall be maiouined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examines the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whmsaver to persom or property caused by or resulting from me execution of the work provided far in this purchase order or in connection herewith. The Seller will iMemnify and hold harmless the Purchner and any r all of the Purchasers offerors, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to pecans or property to which the Purchaser may be par or subject by reason of any act, anion, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. 1n case any suit a, other praceceings shall be bnrugld eF ins, the Purchner, or its offcan, agents or employees at any time on account or by reason ofany at. action, neglect, omission or default of the Seller of any of his contractors or any of its or their offices, agents or employees n aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, to pay my and all cost, charges, attorneys f cs and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their olEcas, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained ageint the property of the Purchaser, or said panes in or in a result of such suits or office p,aeedings, the Seller will at once cause the most A be dissolved and discharged by giving bond or otherwise. The Seller and his committers shall take all safety precarious, Rating and inmll all guard necrsmry for me prevention of accidents, comply with all laws and regulations with regard m safety including. but without limitation, the Occupational Safety and Health Act of 1990 and all roles and regulation issued pursuant thertm. Revised 03rz010