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HomeMy WebLinkAbout114918 JAMES B O'NEILL - PURCHASE ORDER - 9143738 (2)Fort Collins Date: 09/03/2014 Vendor: 114918 JAMES B O'NEILL PO BOX 942 FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 9143738 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 80524-4408 Delivery Date: 07/01/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Invoice 2014-CFC-03 1 LOT EA 100.00 Consulting Services Total $100.00.... 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.com 0 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemplion Cenifcate of Registry, 84 6000587 is registered with the Collector of Inmm rl Revenue, Denver, Colorado (Raft Colombo Revised Sautes 1973, Chapter 39-26, 114 (a). Goods Reported. GOODS REJECTED due 1. Pinion, m meet s,rifiertmers. either what shipped or due 10 defects of damage in trausit. may M mounted m you for credit and arc not 1. Ix replaced except upon receipt of sooner imwctmars From the City of Fan Collins. Inspection. GOODS are subject to the City offers Collins inpecllon cm wrival. Final ArcePance. Remain of the merchandise, smiles or equipment in response W do, order can result in authorized payment on the an of the City of Four Collins. (However, a is to he andersmod thad FINAL ACCEPTANCE is dependem upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise spatified on this order. If permission is given to prepay fight and charge separately, the original freight bill anus, mcompmy im'oim. Additional charges for packing will oot be xcepad. Shipment Distance. Where manufaclmns have combating pone in various pans of the mwtry, shipment is expected from lie nwrat distribution Point to datinmion, and excess freight will be deduclW from Imroice when shipments. made from gins er distance. Permits. Seller shall procure at seller, sole cost all necessary parintc, cenifcatez and licenn mluired by all applicable laws, regulations, ordinances and rules of the sire, municipality, territory or political subdivision where the work is perforated, or required by any other duly motional public ..,had,, having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss ncurrM by from by rmson of an i smned or emblished violation of any tech laws, regulations, ordinances, rules and requiremenu. 11. NONWAIVER. Failure of the Purchaser to insist upon inner performance of the terms and conditions hereof, failure or delay to asencom any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofrr paymatt far grads hereunder or approval of the design, shall not release the Sella of any of the so manties tar obligation of this purchase order and shall not he deemed a waiver of any right of the purchaser to inisl upon strict performance hereof., any of its rights m undies n to any, such goods, regardless of when shipped, received m accepted, as to my prior or subsequent default hereunder, nor shall any puryrned oral modification or rescission of this purchase miler by the Purchaser opem,a as a waiver of any of the mites bereor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Punfiaser recognize that in mural comarmic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Themofere, for good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and dl claims it may now have or hereafter acquired under federal or stare antitrust laws for such overcharge relating to the particular goods or smiles pumhased or acquired by the Fashion pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comma nonconforming or defective goods by a du to be agreed upon by the Purchaser and the Seller, and the Seller thatcher indicates its mobility or unwillingness a comply, the Purchaser may cause the work to be perftmed by the most expeditious means available to it and the Seller shall pay all costs associatM wit such work. The Seller shall ¢lease the Purchaser and its comwors of any lief firm all liability and claims of any.aura resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees of such pray. Am mrization. All panics to this contract agree that the representatives are, in fact, bona fide and prams, fall and The Sellers a macual obligations, including wananry, shall not be caused to be reduced, in any way, because connote, authority m bind said ponies. such work is performed or caused to be Perforated by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acreptan e to the terms and conditions sawed herein se, fault and any m,lemenmry or additional laws and conditions annexed hereto or incorporated herein by referenees Any additional or different terms and conditions imposed by seller are objected 1. and hereby r jorha& 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedlnlely if you cannot make complete shipment to tor" ro your promised delivery date as notedlime is of the essence. Delivery and performance most be effected within the time sated in, the pumham order and the docmnenu mtached hereto. No acts of the Purchasers including. without (imitation, acceptance of peniol late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall Lave, in addition to other legul unit equitable renwdies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resuh of delays due to causes not reaaanably foreseeable which are beyond its reasonable control and without its fault of negligence, such aces of God, ass of civil or mi limry amhorilies, govemmental priorities, fires, strikes, flood, epidemics, wars or nrls provided that notice of the conditions causing such delay is given no the Purchaser within five (5) days of the time when the Seller Ban received knowledge therm[ In the event of any such delay, the dole of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all gaunt, articles, material' and work covered by this order will conform with applicable drawings, specifications, samples vapor other description given, will be fit for the purposes intended, and Performed with the highest degree of care and comp,lence in accordance with accepted standards for work of a similar mtum. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Pushaxr may suffer or incur on accord of the Sellers breach of wurrmry. The Sella shall replace, repair or make good, without cast to the purchaser, cry defects or faWB wising within one (1) Year or within such longer period of time as may be prasrnbed by law or by the menu ofray applicable wanmry provided by the Seller after the date of acceptance of the good famished hereunder (accePrmce not to be umessumbly delayed), resulting from impart t or defective wok done m materials famished by the Seller. Accep rsom or use of good by the Purchaser shall rot announce a waiver of my claim under this accounts. Except as otheradx provided in this purchase order, the Sellers liability hereunder shall esmd to all dm:aga pax or guarantees, but such liability shall in no event in OR MERCHANTABILITY OR OF FITNESS FOR 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal leers by was m change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, other than legal actors. including andlimor as or delmi us from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change aRects the amount due or the time of perfomtance hereunder, an equitable vljusement shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdnen change order, terminate this agreement as to any or all potion of the goods then not shipped, subject to any equitable Mini m m, bawcen the panics as to any wok or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfifs on the mrompleted proton of the good unpin work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any goods which art the Seller, woodland stock. No such tworientim shall relieve the Pumhaser or the Seller of any of their obligations, as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) dys Item the die the change or tetminmim is oNetwl. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall Live been produced, sold, delivered and famished in strict compliance with all applicable bows and regulation to which the good are subject. The Seller shall execute and deliver such documents as may be required to Aker 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 he Purchaser harmless from all roil and damages suffered by the Porchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign transfer, or convey this order, or any monies due or to become due heremder without the prior written commit o(the other party. 10. TITLE. The Sella warrants full, clear and uncasnined title to the Purchase for all equipment mnernik, and items fmished in performance of this agreement free and clew of any and all lien, restrictions, reservations, wwwry almost encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required t. use any design, device, material or process covered by lever, patent, trademark r copyright, the Seller shall indemnify and save humdess the Purchaser from any and all claims for infringement by reason of the rase of such pommed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may be obliged to pay by reason ofsuch infrngement at any time during the pmseculiun or oiler the completion of the work. In case said equipment, or eery pan thereof o, the intended use of the goods, is in such snit held to c.nstiam infringement and the use of said equipment or pan is mj.inett the Seller shall, at its own expmae and at its option, either procure for the Purchaser the right to continue using said equipment or pates, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes cam infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a maiva or trustee far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terms used or the imaprcta0on of the agreement and the rights of all panics hereunder shall he .ustmed uukr and governed by the laws.( the Sam of Colorado. USA. The following Additional Condition apply only in cases where the Seller is W perform work hereuMer, including the services of Sellers Reprexnm,ive(sk on the prtm6cs of ofers - 17. SELLERS RESPONSIBILITY. The Seller shall carry can said work at Sellers oxn risk until the mine is fully completed and accepted, and shall, tax of any accident flatmai.n or injury to the work ami materials bet Sellers final couple for arw acceptance, mmplere the wok at Sellers own expense and to the satisfaction of the Purchaser. When materials arA equipment me fumulo d by odrrs for installation or erection by the Sella, the Sella shall receive, owned, store and handle same m the site and become responsible therefor as though such marerids anpor equipinm, were being familial by the Sella under the order. 18. INSURANCE. The Sella 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 purchax order, candfor to their dependents in acm chow, wit dr laws of the sate in which the wok is to be done. The Seller shall also arty comprehensive general liability including, but not limited to, mnlmcmal and automobile public liability imurance with tunably injury aM &orh limits of at least S3 W,I1W for any one parms, 350KING for any one accident and property damage limit per accident of S400,000. The Seller shall likewise capture h6 contmerms. if any, to provide far such compensation and insurance. Before any of the Sella or no arm. employees shall do any work upon the premises of others, the Sella shall f ish the Purchaser wit, a certificate that such compenation and immune have ban provided Such eenifcams shall specify the date when such compensation and insurance have been provided. Such cat ifimtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until war the entire work is considered and arwpod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil Try for my and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided farm this purchase order or in connection herewith. Me Seller will indemnity and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees man and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to Persons or property to which the Purchaser may be of or subject by ,ms.n of any act, action, neglect, omission or default oa the pan of the Seller, any of his cantmerms, or any of the Sellers or coutnumn, offices, agents or employtts. In rose any suit or ther proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any or his contractors or any of its or their oficas, agents or employees is aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sella own expense, to pay any and all mots, charges, attorneys fees and other expenses, any and all judgments that may be manned by or obtained against the Purchaser or any of its or their officers. agents or employtts in such suits or other pmccedings, and in case judgment or other lien be placed upon or obtained against he property, offs, Purchaser, or said panics in or as a result of such suits or other prove edirngs, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety Incautious, furnish and install all guard accessary for the prevention of accidents, comply with all laws and regulation with repel to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued personal merest. Revised 0712014