Loading...
HomeMy WebLinkAbout404348 DORN COMPANIES - PURCHASE ORDER - 9146678PO PURCHASE ORDER 914667er Page C117f of PURCHASE 46678 t of z ' `tCollins( This number must appear v " on all invoices, packing sli s and labels. Date: 1111412014 Vendor: 404348 Ship To: HUMAN RESOURCES DORN COMPANIES CITY OF FORT COLLINS 1200 HUMBOLDT ST SUITE 1501 215 N MASON, 2ND FLOOR DENVER CO 80218 FORT COLLINS CO 80524-4408 Delivery Date: 11/14/2014 Buyer: WILSON, JILL 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 Blanket PO for 2014 1 LOT LS 10,000.00 TRT Svcs.- Oct -Dec 2014 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 Pay terms net 30 days 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. COb9MERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes, Our Exemption Norma is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failue or delay to Intemnl Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a breach, fie ac¢ptmm of or payment for goods hereunder or approval ofthe design, ahall Out releae the Seller of Good Rejected. GOODS REJECTED due to f'Itm 1. men specifcatimes, either when shipped or due to defects of any of the wateaties of Obligations of this purchase order and shall not be demand a waiver of way right of the damage m mtssit, may be resumed to you but credit ad art not 1n be replaced except upon mon a of written Purchaser to iasut upon strict Prrfarmmce hmOfor my of its rights or remedies ss in any such good, regardless imorucdons firm the City of Fort Collins. of when shipped, received or uccepted, ss to any prior or submquent default herewder, nor shall my purported oe1 modification at reuimion of this purchase order by rate Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on anival, hereof. Foal Acceptance. Receipt of the araclumlim, services or muipmem in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anrlmn-.M payment on Ne part or the City of Fort Collis. However, it is to be understood that FINAL Seller and the Purchaser taogniu that in rapid economic practice, oveshai resulting from mtmost ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violariam are in fact throe by the purchsser. Theretofore, for good came mart u coesideetion for executing this purchase order, the Seller hereby assigns to the Pooksma any and all claims it may now have Or hereafter Freight Terms. Shipments must be F.O.B., City of Fon Collins. 700 Wand SL, Too Collins, CO 80522, unless asaf ird order fedcml or slate antitrust laws for such overcharges rtdaing in rM Particular goods or services otherwise specified on this order. if pmnission is given to prepay freight and charge separately, the original freight pumhamd Or acquired by the Purchaser pursuant m this purchax order. bill must accomnmv invoice. Additional charges for PackOe will not he accroted. Shipment Distance. Where manuf tucrs have distributing points in various parts of the country, shipment is expected from the neatest distribution point to drsfipotion, and excess freight will h deducted from Invoice when shipments ate made from greater distance. Pmnits. Seller dull Parker, at sellers sole cost all rreessary, Permits, critifiwtes and licenses required by all applicable laws, regulations, ordhances and tales of Ne some, municipality, tertiary or political subdisuium where the work is performed, or required by any other duly constituted public authority havingjurlsdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by than by reason of an ame ed or established violation of any such laws, regulations, ordinances, rules ralmo metes. Authorization. All parries to this contract agree that the representatives are, in fact, brim fide and possess full and complete authority to bind said famirs. LIMITATION OF TERMS, This Prearemose Order expressly limits accep. to the terms and conditions sated herein set tomb and my suppleaenary in additional terms and conditions mnexed hereto or incorporated herein by reference. Any additional or di@rmt ems and conditions proposed by seller are objeced to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stand! oa the purchave order and the ducum. atnched hereto. No ass of the Purchasers including, without limitation, mreptmce rfpamial late de iverin, shall operate as a waiver of Otis provision. In the event of my delay, the Purchaser steal have. in addition 1O other legal and expandble remedies, the option ofplacing this order elsewhere and holding the Seller liable for darmo rs. I loweva, the Seller shall not Joe liable for damages es a result of delays due to causes not mamaaNy Spareable which are beyond its reasonable conuol and without in fault of negligence, such arts of God, acts ofcivil or military mnlhouties, governmental priori fires, makes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far the period apm1 to 6e time actually Imo by reason oftlic delay. 3. WARRANTY. The Sella warrants Oat all good, article, mamriaks and work covered by this order will madman with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of in similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer Or incur on around of the Sellm breach of wattmry. The Sella shall replace, repair or make good, wihout cost o the purchases my defects or faults arising within one (I) year or within such longer pmod of time as may be prescribed by law in by the terms of any applicable warmly provided by the Sella after the date of acra ptame of the goods ftunishN hereunder (acceptance tat to be unmmmusbly delayed), nation, from butterfat or defective work done a mormias fumhhnd by the Sella. Acceptance or use of good by the Purchaser shall mat constitute a waiver of any claim umber this waranty. Except as otherwise Provided in this purcham order, the Sellers liability hereunder shall extend to all damages proximately caused by the brach of any of the foregoing warm um or guarantees, btu such liability skill in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. a. CHANGES IN LEGAL TERMS. The Pamhzmr may make chonga p legal Isms by w rem change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhov r may make any changes to me mrma, other Nan legal terms, including addition m or d,laiam fate the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change most, the to mnt due or the time of,afannanc, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Ftuchaur may at any time by wr111en change order, terminate this agreement as to my or all pumices of the goods that not shipped, subject to any, a uieble ad,., belwem time parties as to any work or matmah that in Progress provided that the Purchaser shall not be liable for my claims for anticipated pmfiu an the uncompleted Portion of6e goods unfair work, for incidental or consequential damagess, and that to such adjustment be made in favor of the Seller with papal to my goods which ate the Sellers standard stock. No such lamination shall relieve the Purchaser or the Sella of my orthcir obligations as to any good delivered heeurtia. T. CLAIMS FOR ADJUSTMENT. Any claim fin adjustment mum be anvemod within thirty, (30) days Gom me date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrmts that all good sold hcremM shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads me subjat. The Seller shall execute and deliver such documents M may be required to effect or evidence compliance. All laws and regulations enquired to be ncorpomted in agreements of his character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Malmo r harmless from of costs and damages suffer d by the Purchaser as a result of the Sella failure to comply with such its. 9. ASSIGNMENT. Neither parry shall assign, umufa, or convey this coda, or any nwnies due or to baome due heremda without the prior, writhes consent of the other party. 10. TITLE. The Seller warrants full, clear and transmitted title an the Purchaser for all equipment, materials, and items furnished in pea ran a of this agreement, free and clear of any and all liens, restrictions, remrvatians, wanly interest mc=m ces and claims ofo leers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coma nonconforming or defective good by a data to be agreed upon by the Purchaser and the Seller, and rate Seller thercaner indicates its inability or unwillingness to comply, rate Purchaser may cans, the work to be performed by the most expeditions tram available to it, and the Seller shall pay all costs assamad with such work. The Seller shall elease the Pumbac a and its contractors of my tier from all liability and claims of my main, resulting from the perforations, ofsuch 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 pany. The Sellers contractual obliterate, including wamaty, shall not be deemed to be reduced, in any way, because such work is partitioned or roused to l e pMormnd by the Purchaser. If PATENTS. Wbenever the Seller is ralairel to use any design, device, material or praess croam l by letter, patent, code ink r copyright, the Seller shall indemnify and save harmless the Purchaer 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 my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosaution or aver the completion of the work. In cam said equipment, or any Part thereof or the intended sex of the goods, is in such suit held in comtipte infn'ngere set and the rue of said equipment err pan is enjoined, Ne Sella shall, or its own expense and a its option, either Furnace for the Purchaser the right to [m1. in, said rquipment or pas, replace the same with substmtially Waal but voninGnging equipment, or modify it ao it becomes noninGnging. 15. INSOLVENCY. If the Sella shall become insolvent or hankmpt, make an assignment for the benefit of creNturs, appoint a err trustee for any of the Sellers propeny or business, this order tray fomhwi6 b, canceled by the Financierwithout liability. 16. GOVERNING LAW. The definutioas ofterms used or the intetpretation of the agreement and the rights of all Pries hereunder shill he conamed coda and govemed by the laws ofthe State ofCOlorm , USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Reprcmntativc(s), on the premises ofo6ers. ❑. SELLERS RESPONSIBILITY. The Seller slall assry, an said work at Sellers own risk moil the same is Only completed and accepted, end shall, in case of my accident, destruction or injury m the work rm m muter des before Sellers Beal complains and awayi nce, camphor the work at Sellers own expense and to the saisfacom of the Purchaser. When numnala and nlui,r of art furnished by others for installation or erection by the Seller, the Sella shall recnve, unload, store and handle some a1 the site and became responsible therefor as though such materials andor ryuipmem were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of work, compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, amdsor to their dependents in accordance with the laws of the state in which the work is to be dome. The Sella shall also tarry comprehensive general liability including. but not limited to, contractual end ruromobile Public liability insurance with bodily injury and death limits of at least $300,000 far my one person, S500,000 for any one accident and property damage limit Per accident of $400,000. The Sella shall likewise require his ontmeme, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmdors employees shall do any work upon the premises of other, the Sella shall Omish the Purchase with a cenifcme that such compensation and announce have ban provided. Such renditions steal specify the date when such ompamamim and ins—. havr been provided. Such certificates Shan specify the dam what such compereaion and iteumae expires. The Sella agmes that such mmperialioa and inaumace shall be main anvil wail after the moire work is completed and aorpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to Famous or property caused by or resulting from the execution ofthe work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or al of die Purchasers officers, agents and employees from nnd against An, and all claims. I., damage, charges or expenses, whether direct or annual, and whether a Famous or property to which the Purchaser may be put or subject by reason of my act, action, neglat, omission or default on the pro of thr Seller any influx contractors, or my of the Sellers or correctors office, agents or employes. In cave my suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees in my time m account or by reason of any act, action, neglect, omission or default of the Seller of my of his commaors ar any of its or their offcers, agents or employers as oforeasid, 6e Seller hereby agrees a assume flue defense Hereof end to defend the same at Ne Sellers Own expentm, to pay any and all cods, charges, moneys fees and other experucs, any and all judgments that may be incurred by Or counted against the Purchaer or any of its or their office, agents or employees in son suits or other proceedings, and in cam judgment or other lien be placed upon or obtained against the propmy of 6e Purchaser, or said pmie in r res it result of such suits err other proceedings, the Seller will at once cause Be same to be dissolved and diuhorged by giving baud or otherwise. The Sella and his mntmdois shall take of safety ptttamions, famish and install all guard mssubmry, f me prevention of uccideuu, comply with all laws and regulations with regard to safely including, but wi6otu limittatioq the Occupational Safety and Health Act of 1990 and of rules and regulations issued prusumn thereto. Revised (Onli