HomeMy WebLinkAbout126617 COBITCO INC - PURCHASE ORDER - 3214335 (2)PURCHASE ORDER PO Number Page
City Of///���3214335 1 or z
C6rt Collins
lies This number must appear
v ` on all invoices, packing
sli s and labels.
Date: 09/26/2014
Vendor: 126617
Ship To: STREETS DEPARTMENT
COBITCO INC
CITY OF FORT COLLINS
5301 N BANNOCK ST
625 NINTH STREET
DENVER CO 80216-1623
FORT COLLINS CO 80524
Delivery Date: 01/15/2014
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
2 addendem 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 LS
5,000.00
Total $5,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
RRtdMM97-MWMilP rPIQGLLEi
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax ccaula ern By sum. the City affair Collins w exempt from state and local taxes. Our Exemption Number is
I L NON WAIVER.
9"502. Federal Excise Tax Exemption Gmificale of Reginry 84 6000587 is registered with the Collator of
Failure of the Purchaser to insist upon strict performance of the terms and conditions Inal failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
exercise any rights or remedies provided herein M by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment far grads heteuvder 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 m demests of
any of the warranties or obligations of this purchase order and shall rot be dermal a waiver of any right of the
damage in transit, may IS, renm,ed to you fur credit and am not an be replaced except upon receipt of wri en
Purchaser to insist upon strict performance hereofor any of its rights or remedies ss to any such good, regardless
imuunim, from the City of rare Coffee.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryorted
oral modification or rescission of this purchase order by the Pureltaur operate as a waiver of any or the tames
Inspection. GOODS are subject to the City of For Collins impatient on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipmen In rupome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FWAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from actiuust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact borne by the Purchase. Theretoforeafar good cauu and as consideration for executing this
purchase nNtt, the Seller hereby assigns Io the Purchaser any and all claims it may now have or tramper
Freight i'e,a,. Shipments most be F.O B., City of Fon Collins, 200 Wood S6 Fort Collins, CO 90522, unless
acquired miler fnleral or state antitrust laws for such overcharges relating to the particular goods or services
mhenwise spai red on this order. if permission is given 1. repay freight and charge separately, the original freight
purchased ar requital by the Purchaser pursuant to this purchase order.
bill mast accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is
If he Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution polar to destination, and excess freight will be deducted fmm Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cauu the work m be performed by the most expeditions means available to it, and the Seller shall pay all
casts associated with such work.
Prnnits. Sella shall procure at sellers sole cost all necessary Permits, certificates and licemu required by all
applicable has, regulation, ordinances and rules of thc state, municipality, territory or political subdivision when
the work is Performed, or required by any other duly constitmed public authority Wvingjurodiction over the work
of vendor. Seller tuner agrees to hold the City of Pon Collins harmiss fmm and against all liability and loss
incurred by them by reason arm assured or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree that the representatives art, in fact, bona fair and Lowest fall and
complete authority to bird said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the is. and coWitiom stated
herein set tomb and any supplementary or additional terms and conditions annexed heman or immusum ed herein by
reference. Any additional or different terms and conditions composed by seller arc objected m and hereby rejecral.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery data as noted. Time is of the aware. Delivery and performance must be abetted within the rime
stated on the purchase order and the documents attached herein. No act, of the ruminants including, w'.,hour
Initiation, wer,lowe of partial lam deliveries, shall operate a, a waiver of this provision. In the event orany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of pL cing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, govemmenml priorities, fires, stakes, Rood, epidemics, were or
re. provided that notice of wndlem,s causing such delay is given a the Purchaser within five (5) days of the
time when the Seller first reversed knowledge thereof. In the event of any such delay, the desIs of delivery shall be
extended for the period signal to rise time acmdly last by raron of the delay.
3. WARRANTY.
The Seller warrants Ihat all good, amides, matmaB and wrort covered by this order will conform with applicable
drawings, specifications, surripin aodlor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of are and exam hence in accordance with accepted standards fur work of a
mile ounce. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or .or on account airline Sellers breach of amoural, The Seller shall hTA—, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as my be prescribed by law or by the terms of arty applicable warranty provided by the Seller after she date of
acceptance of the goods hismished hereunder (acceptance not In be unreasonably delayed), resulting fmm imperhat
or defective work done or materials famished by the Sella. Acceptance or use of gwd by the Purchaser shall not
constitute a waiver crony 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 wamcause
or guarantees, but such liability shall in no event include lass airports or Ias of use. NO IMPLIED WARRANTY
OR MERCHAN I A13ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser army make changes to legal terms by serum change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
temps,
any make any changes to the other than legal moms, including ink iti or deletions from
the quantities originally ordered in fie specifications or drawings, by veNal or written change order. If any such
change affects the amount due or the time rfpalormance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change ordl termiom this agreement as to any or all portiam of fie
goad then not shipped, subject to any equitable adjuumat between the parties as to any work or materials then in
progress provide l that the Purchaser shall cam be liable far any claims for anticipated profits an the uncompleted
Portion of the grad sector work, for incidental or consequential damages, am that no such adjustment be made in
favor of the Sella with respect to any good which art the Sellers standard stack. No such mrmiorion shall relieve
Ole Purchaser or the Seller army offeir obligations as to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most Ira asserted within dirty (30) days fmm the date the change or lamination is
ordered.
8. COMPLIANCE WO I I LAW.
The Scre, warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and residencies a which the grads are subject The Sella shall swum and
deliver such documents as may be required to eff y, or evidence compliance. All lows 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 the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure 1a comply with such law.
9. ASSIGNMENT.
Neither party shall assign, hensfa or convey fls order, or any monies due a to haome due hereunder without the
prior wrinen come., of fie other Ferry.
10. TITLE.
The Sella warrants fill, clear and muesmcmd title to fie Ruchasa for all equipment, maerials, and it. famished
in performance of this agreamm, free and clar of any and all Item, connections, Mountainous, security interest
nrcumbmncu and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any names
resulting (..,he performance i fsuch wink.
This mime shall apply even in the event of fault of nepligence of the party released and shall extend to the
directors, nmre s and employees orauch puny.
The Severs contracted obligations, including warremy, shall cam he deanal to be reduced, in any way, because
such ..,it is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, potent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for inEngement
by reamer 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
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended case of the goods, is in such suit held or constitute infringement and the use of
said equipment or pan is enjoined, Ole Sella shall, at its own expense ..,it a1 its option, either procure for the
Purchaser the right ,, continue using said equpareal or pans, replace the sane with substantially equal but
werinfringing equipment, or modify it ro it becomes mainfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
recrover of
trustee for any of the Sellers property or business, this oiler may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING IA W.
The definition ofterms sisal or the interpretation offe agreement and the rights of all ponies hereunder shall be
comuued under and 6ovcmed by the boos of the Staze of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is in pert work bnewder,
including the sluices ofSdlas Rryreassonawe(s), on fe premiss of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk unfit the same is fully completed and accepted, aml shall,
in se of any accident, destruction or injury to fie work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to fie satisfaction of the Purchaser. When materials
and e,m,son cal are famished by others far installation or erection by the Sella, the Seller shall receive, unload,
store and handle mine at the site and become responsible Iherefor as tough such materials and/or equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expenu, 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 on be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limiti of an leant $300 qq n
for any one person $5 W,000 for any
accident and priority damage limit per accident of 5400,000. The Sell,, shall likewise require his
conationfor, if ony, to provide for such comPemmlon and imumnee. prime, any of fie Sellers or his conaremors
employees shall do coy work upon the premises of others, the Sella shall Finnish fie Purchaser with a cerrifcare
that such compromises and tranumance have been provided. Such mtifcatn shall specify the date when such
compensation and insurance have been provided Such rertifcaru shall specify the date when such compensation
and assurance expires. The Sella agree bar such compensation and insurance shall be raimained until after fie
entire work is completal and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sssumss the entire responvolod ry and liability for any and all damage, 1. or injury army kind
or nature essential to perform or property caused by or resulting from the execution of the work provided for m
this purchme order or in connection herewith. The Sella will indemnify and held harmiss the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against any end all claims, losses, damages,
charges or expenses. whether direct or indirect, and whether to persons or property no which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pun of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents of employees. In me any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any sat, anion, neglect, omission or default crib, Seller of any of his commons or any omits or
their officers, agents or employees as aforesaid, the Sella hereby agrees to azsa. the dean. thereof and to
defend the same at Sellers own expense, to pay any and all costs, charges, amomeys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
Mans or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained againu fie property of fie Purchase, or said parties in or as a mull, of such suits or other proceedings,
ale Sella will at once ause the same to Ise dissolved and discharged by giving bond or otherwise. The Seller and
his conhactam shall take all safety precautiam, famish and install all guard necessary for She prevention of
accidents, comply with all laws and regulations with regard to safety including• but without limitation, the
Occupational Safety mad Iicalth Act of 1970 and all rules and regulations issued pursuant therein.
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