Loading...
HomeMy WebLinkAbout300222 THE HARTFORD - PURCHASE ORDER - 9140365 (2)of Fort Collins Date: 10/16/2014 Vendor: 300222 THE HARTFORD PO BOX 660916 DALLAS TX 75266-0916 PURCHASE ORDER PO Number Page 9140365 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY 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 The Hartford 1 LOT EA 1.185.00 100614 Bill 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 Total Pay terms net 30 days Invoice Address: $1,185.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By Stamm the City of Fan Collins is exempt from stare and local fleas. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058T is registered with ma Collmou of Failure of the Puchaser to insist upon strict performance of the temu and renditions hereof, failure or delay to Internal Revenue, Dinner, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 114 hd) exercise any rights or remedies provided herein or by law, failure m prvmptly nosy the Seller in the event of a board, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Saller of Gads Rejected. GOODS REJECTED due to failure to meet spaifications, either when shipped or due on defects of any of the warranties or obligations of this putchue order and shall cot be deemed a waiver of any right of the damage in in. may be retained to you for credit and me not to be replaced except upon receipt of wrinm purchaser m insist upon strict performance hermf or any of its fights or marshes as to any such good, regardless instructions fmm the City urban Collins. of whin shipped, received or accepted, as many poor or mbuquent default hereunder, nor shall any purported oral modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the terns Insp stion. GOODS are subject to the City of Fan Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, se or equipment in response to this order canresult in 12. ASSIONM ENT OF ANTITRUST CLAIMS. authorized peymrm on the part of the City of Foe Collins. However, it is to be understand that FMAL Seller and the Purchaser recognize that in actual economic practice, orachurges resulting from contrast ACCEPTANCE is dependentopon complationafall applicable requiredinspectlon procedures. violations are in fact home by fiTh e Portman ereommfogood cause and in consideration for executing this purchase ender, the Seller hereby assigns to the Purehmer any and all claims it may now have or hereafter Freight Tema. Shipments most be F.O B., City of Fan Collins, 700 Wend St., Fan Collins, CO 80522, unless acquired under federal or safe antitrust laws for such overcharges relining m the particular good or services otherwise specified an this order. If permission is given to prtyay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant W this purchase order. bill must accompany, invoice. Additional charges for puking will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Distance. Where mannGcmrtrs have disWbmi, al points s us pans of the wintry, is S eu the goods by a dateants w IfthPure nonconforming m dabiliiy the Invoice what nt firm the nearest distribution prim m Jesrination, and excess freight will be ddudd from Invoice when reheard and ne or unwillingness Puchascr umeParand the d Sella Cher comply, due Perchance Purchaser and the Selleq and me Seller memfler indicates in inability or unwillingness m mmpty. shipments shipments are made fmm goarer distance. shall may cause a work to ch performed by the most expeatiom means eveilablc to it, and me Sella shall pay all casts associated with such work. to Permits. Seller shall procure at sellers sole as: all necmmry permits, cenificalm and licenses mquired by sll applicable laws, regulations, ordinance and rules of the state, municipality, territory or political sudivlalon where the work is perfbnned, or required by any other duly constituted public am smity having jurisdiction over the work of vender. Seller further agrees to hold the City of Fad Collins hamuess from and against rill liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirements. Authonration. All panics to this contract agree that the representatives are, in fan, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance Ir the team and ctnditiom said herein an forth and any supplementary or Militia.[ terms ad and. annexed fiereto or inampomtd herein by millimeter. Any additional or different erms and conditions proposed by tiller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive, on your promised delivery date as noted. Time is ofthe essence. Delivery and Performance most ar elected within the time stntd on the purchase order and the documents attached hemp. No acts of the Purchasers including, without limitation, acceptance of partial [arc deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall base, in addition to other legal vad equitable remedies, the option of placing this order elsewhere and bolding the Seller liable far damages. 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 control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental pdonties,fact, strikes, flood, epidemics, wars or nuts provided that notice of the conditions causing such delay is given to the Pumhaar within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shalt b, extended for the pencil equal to the time rectally, lost by reason ofthe delay. 3. WARRANTY. The Seller waranm than all good, articles, firamo B and work covered by this order will conform with applicable drawings. specifications samples mNo, came descriptions given, will be fit fin tar prepmes intended, ad performed with the highest degree of tyre and competence in acmnlance with accepted windmill for work of a miler .tare. The Seller agrees to hold the p ncomer harmless from any loss, damage or axpeme which the Purchaser may suffer m incur on natural ofthe Sellers breach ofwamaury. The Sella shall napluc, repair or make good, wiaom con to me purchaser, my defects or faults arising within one (1) year at within such longer pend of time as may be preadbed by law or by the terms crony applicable warranty provided by the Sella after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of my claim under this waronry. Except as otherwise provided in this purchnse miden the Sellers liability hereunder shall extend to all damages prnximmely caused by the breach of any of the foregoing warranties m ganmmas, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal terns by weemen change order 5. CHANGES IN COMMERCIAL TERMS. The Pmcfinser may nuke my changes to the team, other than legal terms, including additions in or deletions fmm me crunionfica eiginally ordered in the specifications or drawings, by verbal Or written change own* If any such change elects the amount due or the time of performance hereunder, on equitable adjustment shall arcade. 6. TERMINATIONS. The Pumbaser may at any time by wdnm change order, terminate this agreement as to any or all portions of me gods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progrms provided met the P omaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and., work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which art the Sellers standard stick. No such mnninatim shall relieve the Purhmer or the Seller of any of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for Mjmtmmt must ha warned within unity (30) days fin ere date dw change or attenuation is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produtN, sold delivered and furnished in what mmplimin, with all e,Li.bla laws and regulai. to which the goods are subject The Seller shall execute and deliver such documents as may be, required to clad or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby inempaated harem by this reference. The Seller agrees to indemnify and hold me Purchaser hmmless Bum all costs and damages sufficed by ere Puahmer as o mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or coy monies due or to become due hereunder without the prior wdnen mmem ofma Omer party. 10. TITLE. The Sella wemanas full, clear and wantncted title to the Purchaser for all equipment, materials, and items fumished in performance of this upwareal. Sate and clear of any and all Item, mlrictions, eewry u.ne, mainly interest eaambrances and maims of ofers. The Seller shall name the Purchaser and its contractors of any tier from all liability and claims of any nature faulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, .hirers and employer. of such party. The Sellers contractual obligations, including warranty, shall cot be deemed to ar reduced, in any way, because such work is performed or caused to be renamed by the Purehmer. 14. PATENTS. Whenever the Seller is required m me any design, device, maraud in process covered by later, ptcnt mademmk or copyright, the Seller shill indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the our of such patented design, device, material or process in connection with the contract, and shall indemnify the Pr ubaer the any cost, expense m damage which it may ba obliged m pay by reason of such inGngement at any time during the prosecution or after the completion of the work. In can said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute inGngement and me 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 equipment or pans, replace the same with substantially ry.l bur noninfringing equipment, or modify it so it becomes monfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignmem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the pmchowe without liability. I& GOVERNMG LAW. The defnamew of tents used or the interpretation ofthe agreement and the fights of all ponies hereunder shall be rumored under and governed by the, laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in not where the Seller is an pert wink herewder, including fie services ofScllm Represemativu(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or matenals before Sellers final completion and complaint, complete the work in Seller's own expense end to the mtisfact[on of me Purchaser. When mderin, and equipment are fumished by others for imallation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials andrm equipment were being f ishd by the Seller under the order. 18. INSURANCE. The Seller shall. at his own expense, provide for me payment of workers mmpassation, including wcupatiarul disease benefira, to its employees employed oa or in comsectim win the work covered by this punch w, offer, mNor to their dependents in accordance with me laws of me sate in which the work is to be done The Seller shall also wry comprehensive gmeml liability including, but not limited to, contractual and amomobile public liability i urn ove with Roily injury and death limits of at least S300,000 for any one person S500,0xXJ for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his canumetion, if any, to provide for such compensation and [mormnee. Before my of the Sellers or his contractors employees shall do any work upon be premises of ofers, the Sella shall fumish the Pmchmer with a cenificme that such compensation and insurance have been provided. Such ceninemes shall specify me date when such compensation and insurance have beach provided. Such cenifirmoi shall specify the data when such compensation and insurance expirm. The Seller agrees that 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 incomes the entire responsibility and liability for any and all damage, lass or injury of any kind natureor whatsoever to persom or propertya wad by or resulting from the execution ofae work prwidd for in this is purchaa order or in connection herewif. The Seller will indemnify and hold harmlass the Purebmer and coy or all of The Purchasers oDicers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether, direst or indirect, and warfare, ro persons of peoperry an which me Purchmer may be par or subject by remora of any act action, millM, omission Or default oa the pan of the Seller, any of his eon carmrs, or coy of tar Sellers w coo lumbers officers, agents or cmployees In sou any suit or other proceedings shall be brought against the Purchaser, or in officers, agents or mar loyms a, my time w acrnwt or by rta er of any cal, action, neglect, omission or default of the Seller of any of his contemmrs m my of its err mein oBicers, agents ar employees in aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any wed all arm, charges, almmeys fees and other expenses, any and all judgments that may be incurred] by or obtained against me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the prupeny of ere Purchmer, or said pmies in or as a resin, of such suite m other proceedings, ere Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, finish and imall all guards necessary for the prevention of accidents, comply with all Ines and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all tales and regulations issued paramour thermo. Revised 07n014