Loading...
HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - PURCHASE ORDER - 9150034PO PURCHASE ORDER 915003er Page City. of50034 lofz ' `t Collinsr his number must appear V 1 1�7 on all invoices, packing sli s and labels. Date: 01/06/2015 Vendor: 275829 Ship To: ENGINEERING DEPT-MASON BONNIE ROERIG & ASSOCIATES CITY OF FORT COLLINS 1873 S BELLAIRE ST #1222 ENGINEERING DEPT-MASON DENVER CO 802224359 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 01/06/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Appraisal Dracol right -turn 1 LOT LS 3,055.00 lane per work order APR-10-2014 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@fogov.mm Total $3,055.00 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. COMMERCHM. DETAILS. Tax exemption. By smurm the City of Fort Collins is exempt f scale and local uses. Our Exemption Number is I L NON WAIVER. 98-01502. Federal Excise Tax Exemplow Certificate of Registry 84fi0)(Dgl is registensd wiJr the Collector of Failure orthe Purchaser to mist upon strict performance of the terms and condition hereof, failure or delay so Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sututa 1903, Chapter 39-26. 114 (a). excivise any rights or remedies proided herein or by law, failure are promptly notify the Seller in the event of a munch, the mceptaon, ofor payment for goods hereuMer or appraisal orate design, shall not release else Seller of Good Rejected. GOODS REJECTED due to failure to meet specification, richer when shipped or due to defects of any of the warm m or obligations i f this purchase order and shall not be, deemed a waiver of any right of the damage in ancient, may be mommed to you for credit and arc not to het placed except upon receipt of wrinen parchoser to insist upon strict Ilefformmce hereofor any of its rights or remedies as to any such goods, regardless instructions from the City uppers Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or retention of this purchase order by the Purchaser, operate as a waiver Of any apple terms Inspection. GOODS are subject to the City of Fan Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Hina ver, it is to be understood that FINAL Seller and the Purchaser recognize that in armal economic practice, overcharges resulting from antim ACCEPTANCE is dependent upon completion ofall applicable maumal inspection procedures. violations are in fact home by the Purchase, Thentamrs,for ad cities, and as consideration for executing this purchase order, me Seller hereby assign to the Purchaser any and all claims it may now have or hammer Freight Tama. Shipments must he TOM, City of Fort Collin, IN Woad St, Fort Collins, CO 80522. ..It. acquired under fMeml or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. Upe rr ivin n is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser porsuarn to this purchase order. bill must ass mos av invoice. Addidorul charges for pxking will not be accepted. Shipment Distance. Where reanufscurrers have distributing points in saricus pans of the country, shipment is expected from the nearest distribution point to destination, anal excess freight will Is, deducted from Invoice when shipments are made from greater dunce. Fannin. Sella shall picture at sellers sale cast all necessary grants, certificates am liremars required by all applicable laws, regulations, ordinances end miles of the scam, municipality, territory or political subdivision where the work is performed, or required by any other doly constituted public .,had,, having ji madiction over the work of vendor. Seller lumber agrees to hold me City of Fort Collins harmless fain and against all liability and loss insurnel by them by reason of an evened or established violation of any such laws, regulations, ordinances, rules and yuiremem, Authorisation. All parries In this narrow, agree ,bat the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Catchall, Older expressly limiu acceptance to the terms aW condition slated herein set tomb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active an your promised drlivery date as cured- Time is of the essence. Delivery and performance mutt be effected within the time scaled on the purchase order and the documents attached hereto. No acts of she Purchasers including, without limitation, acceptance i f panel late delivers, shall operate as a waiver ofthis provision. In the event of any delay, the Pumhner shall have, in addition to other legal and equitable remedies, the option orphan, this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages n a result of delays due to causes not reasonably foreseeable which rare beyond its reasonable mmml and without its fault of negligence, such acb of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bowl epidemics, wars or rims 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 dam of driver, shall be extended for the period yual to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifcatione, sampl,i stupor other description given, will In, fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standard fm work of a similar comm. The Seller agrees to held the purchaser M1annlem from any loss, damage or exporter which the Purchaser may suffer o inner on account of the Sellers breach ofwamnry. The Seller shall replace, repair or make good, without cost are the pumhzser, any defects or faults wising within aver (1) year or within such longer period of time as nay be prescribed by law or by the terms of my applicable.,y provided by the Seller afer the date of mepe nce of the goods finished hereunder (acceptance not 0 ber mrsernabty delayed), resulting f imperfect or defective weak done or matenals fumishM by the Seller. Acceptance or use of goods by the Purchawr shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase molar, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or gi aanmes, but such liability shall in no event include Ins of prifts or was of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terml other than legal ,emu', including additions to or deletion from the quantities originally ordered in the spairications or drawings, by vadeed or wnnm change aide, If any such change affects the amount due or the time ofperfatmame hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may in my time by wrinen change order, trmimte runs i grcemmt as to any Or all portions of the good then rot shipped, subject m my equitable adjustment between the, probe as W any work or materials then m progress provided that the Purchaser shall not be liable for my claims f anticipated pits an the uncompleted portion of the good andiaT work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any good which are the Sella standard stork. No such remonstrant shall relieve the Purchuser or the Seller ofany of their obligations as to any, good delivered hereunder. CLAIMS FOR ADJUSTMENT. Any claim for wljonment must be asserted within thirty (JJ) days from fie date the change or termination Is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants Jut all good sold hemunda shall have been produced, sold, delivered and famished in strict omplimm a with all applicable laws and regulations to which the goads are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be neoryoated in agreements of this character sre hereby incorpoaud herein by this reference. The Seller agrees to indemnify and hold the Punch. harmless from ell an and damages su@red by the Purchase, as a result of the, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither putty shall assign, mans(, or convey this order, or my moons due or to become due hereander without the prim wrimen consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lien, restrictions, reservation, security interest encumbrances and claims afomers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Idle Purchaser directs the Seller to correct rwunnforming or deflective goods by is ate to be agreed upon by the Purchase and the Seller, and the Seller thereafter indicates its imbibly or unwillinprss to comply. the Purchawr may cause the wort: to be performed by the most expeditious mean available to it, and the Sella shall pay all costs aewmiated with such work. The Seller shall mi. the Purchaser, and its contramors of any tier from all liability and claims of my nature resulting Croat the Inn omance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend on the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be cdared. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller u rryuird to use any design, device, marmal or process covered by lever, patent, uadamark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for fi fringcmmt by reason of the use or such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaer for any cast, expense or damage which it may be obliged so pay by reason of such infringement at any time during the p cemanion or after tlm completion of the work. In case said equipment, or any pan therm( of the intended us, of the goods, is in such suit held to nowti me infringement and me tau or said exidlu en, or part is enjoined, the Seller shall, at its own ex,. and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the some with substantially agml but matinGnging equipment, or modify it wit becomes novirdnvgwg. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Puehner without liability. Ib. GOVERNING LAW. The definition of uvru used or the interpretation ofthe agreement and the rights ofall Wnies hereunder shall be command under and governed by the laws of the Some of Colorado, USA. The following Additional Conditions apply only in Taus where the Seller is to pert work hereunder, including the senicss of Sellers Ropms,ntative(s), on the premises of ohers. ❑. SELLERS RESPONSIBILITY. The Sella shall carryon said work al Sellers own risk land] me same is fully completed and accepted, and stall, in cars, of my accidrat, destruction Or injury to the work anNor ma4aials before Seller's furl complesser and acceptance, complete the work at Sellers own expersse and to the satisfaction of the Purchases. When materials and equipment are fmished by others for installation or erection by Ilse Seller, the Sella shall receive, WWoad, store and handle same at the site and become responsible therefor ns though such materials andfor equipment were being famished by the Seller under the order. IS. INSURANCE. Tar Seller shall, at his own expense, provide fro the payment of workers compensation, including occupational disease benefits, to its employees employed on or in estimation with the work covered by this purchase order, rancor to their dependents in wrordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, comadual and automobile public liability insurance with bodily injury and death limits of ed least S300,000 for any one Person, S500,000 for my one accident and property damage limit per accident of MKKR000. The Seller shall likewise squire his contactors, if any, to provide for such compensation and insuranc, ref my of the Sellers or his contractors employees shall do my wok upon the premises of others, the Sella shall Roush the Purchase with a main fcate Jut such compenmian and romance have been provided Such cem fimars shall specify dre date when such cempewtion aM insurance have been provided. Such cenificeres shall specify the date when such mmpaasation and insurance expires. The Seller agues Jul well compensaJan mod insurance shall be, mainmined until after else entire work is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby ..in. the entire responsibility end liability for any and all damage, loss or injury of any kind or onions whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold Inmates the Purchaser and any cr all of the Purchasers officers, offerers, agents and employees from and against any and all claims, lasses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reamn of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contactors officers, agents or employees. In case arty soil or other proceedings shall he brought against the purchaser, or its officers, agents or employees at any time on account or by crown of my art, action, neglect, omission or default of me Sella of my of his contractors or my of its or their officers, agents or employees n aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay any and all casts, charges, wwmrys fees and other expenws, my and all judgmmer shot may be incurred by or obtained summit the Ptmhaser in my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the purchaser, or said pmies in or as a result ofsuch suits or other proeT adrup, the Seller will at once taus, Jut same to he dissolved and discharged by giving bound or otherwise. The Seller and his conmacsom shall take all sally Interaction, Tourist, and install all guard neeess'ary for the prevention of accidents, comply with all laws nod regulation win regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant there(. Revised 01n014