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HomeMy WebLinkAbout108979 A & L SERVICES - PURCHASE ORDER - 9130410 (2)Fort Collins Date: 07/0112014 Vendor: 108979 A & L SERVICES 2329 W MULBERRY ST FORT COLLINS CO 80521-3224 PURCHASE ORDER PO Number Page 9130410 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 01/14/2013 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 4 Addendum to PO 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 1 LOT EA 15,000.00 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Do Exemption Cenlfcate of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon said performance of the to. and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). exercise any .,his or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any arrow warranties or obligations of this purchase order and shall not be deemed a waiver cranny right of the damage in transit. may be returned to You far credo and me rim to be replaced except upon receipt of written Purchaser to insist upon strict performance bereofor tiny arms rights or remedies az to any such got regardless instrument fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmpearred oral modification or ressission of this purchase order by the Purchaser operate as a waiver ofany of the team Impaction. GOODS are subject to the City of ran Coll am inspection on missal, hereof. Final Acceptance. Receipt of the merchandise, services or equipmnt in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pun of the City of Fort Collins. However, it is to be nndcuumid that FINAL Seiler and the Purchaser recognize that in actual economic partner, overcharges resulting from Unions, ACCEPTANCE is dependent upon completion of at l applicable required inspection proceduresviolations are in fact boom by the Purchnaer. Themoome, for goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Tom Collins, 700 Wood St, 11o0 Collins, CO 80522, unless acquired under federal or state sumanst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pem3slmr us two to prepay freight and charge separately, the onginal freight purchased or acquired by rha Pumbazer pursum, a this purchase order. bill must accompany invoice. Additional charges for packing will out be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distnaming points in waricaus pans of the moony, shipmam is Ifthe Pmdoawr directs the Seller to mmct nonconforming in defective goods by a date to be agreed upon by the erpectad fmm the moment distn ammo to, to destitution, and excess freight will be declared from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its itmbiliry or unwillingness no comply. the Purchaser shipments are made from greater distances may cause the work m be performod by the most expeditious means available to it, end the Seller shall pay all costs mosersod with such work. remains. Seller shall procure al sellers is cost all necessary permits, certificates and hmnses required by all applicable laws, regulations, on innnces and atlas ofthe state, municipality, territory or political subdivision where the work is ponformed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller thither agrees to hold the City of Pon Collins harmless form and against all liability and loss ricer and by them by eamn of an asserted or established violation of my such laws, regulations, omirmnces, tales and requirements. Anticommunist. All panics to this contract agree that the reprewntatives are, in fact, huge fide and possess NII and complete auchonry co bind said Paries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tarots and conditions annexed hereto or incorporated herein by reference Any additional or dillhrem toms and conditions proposed by seller are objected to and hereby r jectal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot nuke complete shipment W active on your promised delivery date es noted. Time is of the essence. Deliveryand performame roust be effectedwithin the time stated on the pmrchsse order and the documents a0ached hereto. No acts of the Purchasers including, without limitation, acceptance ufpanial Ime delivencs, shall operate az a waiver of this provision. In the tent ofany delay, the P high, shill have, in a faition m other legal and a Seiler hall a, ,toe option of placing this order dscwhcre and holdius the Seller liable far damage. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable commal reand without its tepidof emnegligence, such acts ided that t no of civil or military ¢.....lies, such given to s fires, mikes, hood, epidemics, wars hor e riots provided theI Seller first b the eel downs goosing such he is given n the Purchaser awithin a five (5) Joys of he time when the Se1Im find receive a knowledge thereof. In the event of any such delay, doe data of delivery shall he exrmded for the period equal m the time actually lost by reason ofthe delay. 1. WARRANTY. The Seller wmmors that all gouda articles, materials and work mvetnt by this order will conform with applicable drawings, specifications, samples anNm other descriptions given, will he fit for the puryoses amended, and Performed with the highest degree of can and competence in acmmance with accepted smndmd for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may sufferer incur on account ofthe Sellers broach atomically. The Seller Shall repines, repair or make good, widhom cost to the purchase,, any detects or faults ansing within one (1) year or within such longer period of time as may be premrmall by law or by the toms of any applicable warranty provided by the Sella, after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or detective work done or materials boosted by the Seller. Acceptance or use of goo& by the Purchaser shall rot constitute a waiver of any claim ands this warranty. Except as otherwise provided in this pumhase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or nl-s, but such liability shall in no caenc include loss ofpmfits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by across change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser cony make any changes m the terms, other than legal reams, including -tuitions m or delaions from the quantities militantly ordered in the specifications or drawings, by veNal or written change order. If any such change affects the amount due or tha time ofperfomance hereunder, an equitable Announced shall b, made. 6. TERMINATIONS. The Purchaser may in any time by wmen change coder, lemirmic this agreement as to any or all portions of the goods then not shipped, Subject n any equitable adjustment between due parties az to any work or materials that in p cloo,, provided that the Purchaser shall not be ].able for any claims for anticipated profits on the uncompleted potion ofthe goods amVor work, for incidental or consequential damages, and lies, no such adjustment be made in favor of the Seller with respect In any goods which are the Sellers standard stock. No such ttmimtion shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adj..t mint be asserted within thimry (30) days from rue date the change or mounting. is ardared. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, deivereJ and famished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall assew, and deliver such documents as may be required to effect or evidence compliance. All laws and copulation, required to be incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees no indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser ns a result ofthe Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, mmR,, or strawy this order, or any incomes due or to become due hereunder without the poor miam consent of the other party. 10. TITLE. The Seller warrants full, door and unrestricted title to the Purchaser for all equipment. momrlals, and items fumishad in performance of this agreement, free and clear of tiny and all liens, restrictions, reservations, security interest encumbreaces and claims of others. The Seller shall release the Purchaser and its cmdnuclars of any tier from all liability and claims of any nature resulting from the performance ofauch work. This release shall apply even in the event of (null of negligence of the party released and shall extend to the thus., officer, and employces of such party. The Sellds mntuctual obligations, including xamnty, shall .1 M deemed to be confirmed, in any way, because such work is perfocmN or caused to be perforrad by the Purchaser. 14. PATENT S. Whenever the Seller is ralubed to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and at claims for infringement by reason of the use of such patented design, device, mmmil or process in connection with the contract, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by eaon of such infringement at any time during the prosecution or after the completion of the work. In case said arraignment. or any pan danalf act the intended use of the goods, is in such suit held m mmcimre inGng nomin and the use of said equipment or pan is joined, the Seller shall, at its own expeme not at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment. or modify it so it busumn. naninRinging. 15. I NSOLVENCY. If the Sell,, shill become insolvent or bankrupt, make an assignment for the hensfil of creditors, appoint a receiver or trustee for any of the Sellers rampart or business, this order may forthwith be canceled by the Purchaser wohom liability. 16. GOVERNING LAW. The definitiotu crimes good or the interpolation of doe agreement and the rights of all Panics NeteuMn shall be consauod Under and govcm ul by the lax, ofNe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Fergana wed bereundeq including the services of Sellers RainolsntativiDT oa me premises of ¢doers. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own ask until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work andror materials before Solicits final completion and acceptance, complete the work as Sellds own expene and to the salisfachion of the P oolown. When materiab and animpment art furnished by others for mundane. or erection by the Seller the Seller shall receive, urdoad, stare and handle same al the site and become responsible therefor as though such anmmals avdlor equipment were being finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compmeation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall a sci carry comprehensive general liability including, bur not limited to. contractual and automobile public liability inumance with bodily injury and death limits of at least SJI%I,M for any one person, 5500,000 for any one accident and property damage limit per, accident of 5400,000. The Seller shall likewise require his contractors, Baby, to provide for such compensation and insurance. Before any of doe Sellers ear his andracmrs employees shall do any work upon the premises of others, the Seller shall famish the Pu-hasn with a cenif.te that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the d re when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mamtamed ..,it after the entire work is completed and accepdod, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resionsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persona or property concert by or resulting fmm Ore execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any or all of the Putchnwrs arrears, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and nhertmr to persons or property to which the Purchaser may be put or subject by reason of any tat, ration, neglact, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other proceedings shall be bought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any nor, ¢area, neglect, omission or default of the Seller of any of his Contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assome the defense thereof and to defend due same at the Sellers own expense, to pay my and all costs, charges, mu mays foes and other expenses, any and all judgments that may he incurred by or abortion against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in now judgment or other Iran be placed upon or obtained against the property of the Purchaser, or said panics in or ns a result ofsuch suits or other proceedings, the Seller will at now,.me the same to be dissobed and discharged by giving bond err otherwise. The Seiler and his commdors shall take all safety Rumanians, furnish and indent all glwL necessary fat the prevention of accidents, comply with all taw, and regulations with regard co safety including, bur without limiating, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursmnt thereto. Revised OM010