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HomeMy WebLinkAbout144217 CANNON COCHRAN MANAGEMENT SERVICES INC - PURCHASE ORDER - 9140217Fort Collins Date: 01/09/2015 PURCHASE ORDER PO Number Page 9140217 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 144217 Ship To: RISK MANAGEMENT DIVISION CANNON COCHRAN MANAGEMENT SERVICES INC CITY OF FORT COLLINS PO BOX 1783 215 N MASON, 2ND FLOOR INDIANAPOLIS IN 46206-1783 FORT COLLINS CO 80524-4408 Delivery Date: 01/08/2014 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 MINUMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. THIS PO IS SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER AGREEMENT BETWEEN THE PARTIES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Transfer Funds to 070 1 LOT EA-14,384.39 3 Funds Transfer from 071 1 LOT EA 14,384.39 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.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teals and Conditions Page 2 of 2 I. COMMERCIAL DEfAIM. Tax exemption. By stamle the City of Fart Collin is wempt from sae rind 1.1 taws. Our Exemption Number is 1 L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-60oo582 is regirand with the Collator of Failure of the Purchaser w insist upon strict Paramount of the Penn and condition hareor, failure or delay in Inlemal Revenue, Drover, Colorado (Ref Colorado Revised Smfms 1973, Chapin 39-26, 1 is (a). exetnse any rights or remedies provided brain or by law, failure w promptly notify Oa Seller in the even of a breach, the acceptance ofor payment for good hereunder m approval arm design, shall not release Or Seiler of Goods Rejected. GOODS REJECTED due a failure to meet specification, either when shipped or due to defects of any of the wartmtis or obligation of this purcluu order and shall sat W demand a waiver of any eight of the damage in o-anitt may ba reamed in you for credir and art Out w be replaced except upon receipt of wrinm purchaser to mist upon shim perfomrac< hereof or any of its lights or annefes as or my such good, regardless instructions from the City of Fort Collins. of when shipped, recrned or lampred, as w my prior or subscemill default hereunder, nor shall my Imperial oat modifiwuon or rescission of this purchase order by fie Purchaser opcmm as a waiver of my of the teems Impectim. GOODS are subject to the City afford Collins impalion m nmval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rapone to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhonowd mymenl on no pan of the City of Fort Collins. However, it is in he understand that FINAL Seller and the Franchiser neximen that in mtml economic prlatice, overcharges resulting fora antitrust ACCEPTANCE is dependent apron completion ofall applicable required inspection pr«edures. violation are in fact bone by the Pumhaer. Theretofore, for good sass, and as emaxienamer far executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 7W Wood Sr., Fan Collins, CO 80522, unless acquired under federal or sole stoat laws for such overcharges relating to the particular goods or services otherwise specified oa this Omer. if pemission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursmnt to this purchase Omer. bill most commoner invoice. Additional chances for making will not be notated. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from ,realer distance. Perris. Seller shall procure at sellers sale cost all necessary permits, certificates and littnes required by all applicable laws, regulation, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly comtimted public authority having juns iction over the work of vendor. Seller further agrees W hold the City of Fort Collin hvmless from and against all liability and loss mvrted by them by mason of an assured or established violation of my such laws, natural., omimnect, roles and raryimnents. Authonrutim. All parries w this canner agree that the en,sumamives are, in fact, bon tide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits laceportce w the tents and condition sod herein red fond and any supplemeno , or eddiuoml terms and condition annexed hereto or incorporated brrein by refermat. Any additional or di@rent dorms and condition proposed by seller now objected fo and hereby mjeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you moot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most br effected within the time stated on the purchase order and the documents aduched hereto. No lass of the Purchasers including, without limitation, acceptance of,mlal late delivera, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and egrumbli, remedies, the option ofpllaing 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 rcnombly Foreseeable which am beyond its reasonable control and without its fault of negligence, such acts fGod, nos Of civil m military authorities, govermnenul ppron its, fires, strikes, Bad, epidemics, was or nos provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the went of any such delay, the data of delivery shall be extended forthe period a.I to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, maenads and work covered by this older will waform with applicable drawings, specification, samples and/or other descriptions given, will W fit for the purposes intended, and performed with the highest degree of are and examunrce in accordance with accepted standard for work of a similar resort. The Seller agrees w hold the purchaser branlesv from my loss, damage or expense which the Purchaser may suRer m rocs on account arm Sellers breach wwarranty. The Seller shall held., repair or make good, without cast to Or purchaser, any defects Or f c is moral, within one (1) year Or within such longer period of time as nay be pr«rihd by law or by We terra army applimbis wananW provided by the Seller a0a the date of acceptance of Ihr goads famished hereunder (scaptmce rot to b, unreasonably delayed), resulting from imperfect or defective wok done or materials handled by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as othetwiu Provided in this purchase Omer, the, Sellers liability hcremder shall extend to all damaged proximately mused by the breach of my of fe foregoing warrandies or guarantees, but such liability shall in an event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal fame by wriuen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rem¢, other than legal terms, including additions to or deletions firm the quantities originally om and in the specification or drawings, by verbal or written change older. If my such change affects the amount due or the time ofperft r ance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any time by written change oMeq rem rear his agreemem as to my or all pinions of fie good then not shipped, subject to any writable abnormal between the partia as to any work or mmerials then in res progs provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good era&., work, fir meidental or consequential damages, and that no such wi ro mere be made in favor of Be Seller with rspect to any goods which are no Sellers standmd oak. No such termination shall relieve the Purchaser or the Seller of any oftheir obligatous as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for edjmtment mast be overall within fairy (30) days Tom ire date the change or automation is matted. S. COMPLIANCE WITH LAW. The Seller waroms that all goods sold hereunder shall have bear produced, sold, delivered end famished in strict compliance wit all applicable laws and regulation to which On goods we subject. The Seiler shall execute and deliver such documents as may be required or effect or eVdam, compliance. All laws and regulation required to Ira incorporated in agreements of Oil d aana saw hereby incorporated herein by this refereme. The Seller agrees an indemnify and hold no Purchaser harmless from all costs and damages suffered by the Pachner as a Paull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nana party shall assign, trundler, or convey this order, or any monies due or to become due hereunder without the prior woften consent oflhr ofw party. Ira. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomana of this agraemenl, f and clew of any and all lien, rahlaion, reservation, security interest encumbrances and claims Ofulters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thermfirr mdtcams its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available in it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tiec from all liability and claims of any aware resulting from the Performance of ach work. This release shall apply mrn in no mot of fault of ne h mce of the cony released and shall extend to the directors, officers and employees atruth perry. The Sellers continental obligations, including amount , shall rot be decided to be reduced, in my way, because such work is pert ed or Owned to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is squired to use my design, device, nownal or process covered by lawn, patent, trademark bycopyright,the Seller shall indemnify and save hamlos the an Purchaser from y and all claims fro infringement reawn of the use of such patented design. device, maenal or po¢u Or amerao t with the anima, and shall indemnify the Purchaser for any con, expense at damage which it may be obliged to Pay by reason of such infnga �rout at any lime drum, the mucalion or aRer the completion of the work. In asr said ryuipment, or my part thereof or the intended use of the goods, is in such suit held to continne infringement and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the light to cantinue using said equipment or parts, replace the same wit substantially equal but noninfringing auipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrapt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of tern lied or the interpretation of the structural and the fights of all ponies hereunder shall be comored under and governed by the laws of On State of Colorado. USA. The fallowing Additional COTOtlOn apply only in nows where the Seller is to perform work hereunder, including the services af5ellers RRrtsentative(s). on the premiss ofofets. 19. SELLERS RESPONSIBILITY. The Seller shall tarty on said wodr at Sellers awn risk aril the sane is fully completed ad occupied, and shall, in cox of any accident daboarim in injury to the work and/or materials before Sellers fired complaim and acccpmna, complete the work at Sellers own expertise and to the satisfaction of the Purchaser. Wren mere Pair and auipment are famished by others fro installation or erection by fie Sella, the Seller shall receive, unkind, sore and handle same at the site and become mponible ferefor as though such andenaB and/or equipmmt were being famished by the Seller under the order. I8.INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmpcnmtim, including occupational disease benefits, to its employees employed on or in connection with the work coveted by this Fumhase ordc. and/or to their dependents in accordance with the laws of fie state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not IimitM to, command and and automobile public liability inumnoe with bodily injury and death limits of in least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, in provide for such compensation and Lawrence. Before my of no Sellers or his maintains employees shall do any work upon the premises of others, the Seller shall though fie Purchaser with a certificate Oat such compensation and insurance have bcen provided. Such certificates shall specify she data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees fat such compensation and insurance shall be, maintained until aher the retire wells is completed end accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes no entire responsibility and liability for my and all damage, loss or injury of my kind or metre whosoever w prrson as pmpaty mused by or resulting from fie execration arm work provided for in this purchase under or in connection haewif. The Seller will indemnify and hold hanks the Purehaxr and any or all of the Purchasers officers, aga m and employees from and sgamat my and all claims bass, dmagas, charges to expam, whether direct or indirect. and whether w persons or property w which the Purchaser may be put or subject by reaon of my w, action, mglaP, omission Or default an the Ism of the Seller, my of has conmmoq or my of the Sellers or contracts officers, agents or employees. In mse my suit or other pmceNings shall be brought againl the Purchaser, or its ofcas, In. m employees ad my time on semml or by . of my act, be., neglect, omission at defaull of the Seller of my of his contractors or my of its or weir officers, agents or employes as am raid, Of Seller hereby agrees to assume she defense thereof and w defend the same a fie Sellers own cxpcne, to pay my and ell msu, cl args, anameys f and ofcr expasus, any and all judgments Out may be, incurred by or obtained against the Porchner or my of its as their officers, agents or employees in such suits or other proceedings, and in wse judgment or other lim be placed upon or obtained against the Property of the Purchaser, or said mrties in or a a result of soh suits or ofer proceedings, the Seller will a once muse Be same to be dissolved and dischari by giving bond or otherwise. The Sella and his contractors shall fake all safety precaution, famish and install all guard nwsory fol the prevention of accidents, comply with all laws and regulation with regard in safety including, but without limindon, the Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant thereto. Revised 07n014