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HomeMy WebLinkAbout126617 COBITCO INC - PURCHASE ORDER - 3215120Fort Collins Date: 01/0912015 Vendor: 126617 COBITCO INC 5301 N BANNOCK ST DENVER CO 80216-1623 PO Number Page 3215120 1of2 This number must appear on all invoices, packing slipsand labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Priro 1 2015 MATERIALS 1 LOT LS 15,000.00 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. Total 1 $15,000.00 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax axemptione. By statute the Ciry of For Collins is exempt from site and local taxers. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifcme of Registry 84-6000587 is regiurnd with the Collator of Failure of the Purchaser to insist upon strict Pa.of the temp attl conditions hereof, failure or delay W Internal Revenue, Denver, Colorado (Ref. Colorado Revised Summer 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify she Seller in the event of a branch, the acupnme of or payment for goods hereunder re approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECFED due as failure to meal specifications, either when shipped or due has defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of she damage in transit, may be moment to you fire credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance haeofor any of its rights of mnMies as to any such goods, regardless instructions fmm the City of Fort Collin. of when shipped, received or accepted, as to any prior or subsequent data.], hereeundcr, arm shall any purported oil modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS ere subject m the City of Fort Collins impaction oa arrival. hereof. Final Acceptance. Receipt of the merchandise, services at equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the par of the City of ranCollins. However, it is to be understood Nat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependentupon completion ofallapplicable ralmoni inspection procedures, violations are in fact home by the Purchaser.Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of For Collins, IN Wood St, Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges misting to the particular goods or services otherwise waifod on this aide,, if permission is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser par scant to this purchase order. bill most Mccommnv invoice. Additional causes for oackine will not be warned. Shipment Distance. Where manwaserwas have distributing points in vadona pars of the counuy, shipment is expended firm the wrest distribution pain, to destitution, and excess freight will be deducted from Invoice when shipments are made form greater distame. Permits. Seller shall prcure at inlets sale cast all mresury pronits, eenifates and licenses eryuired by all applicable laws, regulminns, mdins. and roles of the site, municiplity, har aory or political subdivision where the work is perforated, of saquirwi by my otber duly comtinsted Public madamily having juriadiedon con the work of veralm. Seller fuller agrees to hold the City of For Collins harrnless from all agitator all liability and lass incurred by them by reason of an assured or established violation of any such laws, regulations, mdimnces, rates and raqubemena. Authorization. All parties to this contract agree Nat the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions stated herein act firth and any supplementary or additional teens and conditions annexed herd, or incorporated herein by reference. Any additional or dilTerenuerms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complee shipment to arrive on your promised delivery date as noted. Time is of the esseme. Delivery and Performance must be effected within the time stated on the Paribas, order and two documents attached basic. No acts of the Purchasers including, without limildion, mccplanre of paNal late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal a J equiable remedies, the option ofplacing this order elsewhere ach holding the Seller liable for damages. Howeveq the Sella shall not be liable for damages as a result of delays due to comes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, was ofeivil or military authorities, governmental priorities, faces, strikes, food, epidcmia, wars or thus 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 theraf. In the event of any such delay, flee die of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samplas anchor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in acwMance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of see Sellers breach ofwaranty. The Seller shall replace, 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 mry be prescribed by law or by the terms ofany applicable warranty provided by the Seller afar the date of acceptance of the goods Northeast hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials fwished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim anchor this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of my of the foregoing warranties or guarantees, but such liability shall in no 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 Pucham may make changes m legal tams by wruen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the teens, other Our legal icons, including additions to or deletions fmm the qumrido originally ordered in the specifications or drawings, by verbal or written chmge order. If any such change affirms the amount due in the time ofperformmbarcumber, heturWer, an quitable adjmbe trout shall made. 6. TERMINATIONS. The Purchaser may at any time by written change order, remove this agreement as to any or all ponims of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchases shall not be liable for any claims for anticipated prefix on the uncompleted portion ofthe gords anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are he Seller sandad stock. No such to nimtirn shall relieve the Purchaser or the Seller ofany of their obligations as to my goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for w1justmem must he asserted wiWn thirty (30) days from Ne date the change aattenuation is ordered. S. COMPLIANCE WITH LAW. The Sella amounts ants that all goods sold hereunder shall have been produced, sold delivered and burnished in stria ..,It me with all e,liable laws and "War. to which the goods are subject The Seller shall exam, and deliver such documents as maybe mluirN m effea to evidearate compliance. All laws; and regulations captured to be incorporated to agreements of this character are hereby incorporated heoia by this ref ce. The Sella ogees to indemnify and hold the Purchaser harmless from all cases and damage aufrrN by she Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pry shall assign, transfer, or convey this order, or any memo due or m became due hereunder without Ne prior written consent of the other party. IT TITLE. The Seller warrants full, clear and umestrirted title to the Purchaser for all equipmmL materials, and items famished in performance of this agreement, free and clear of any and all lien, revtrictiam, reservations, security interest encumbmnas each claims ormhai. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifilrc Purchaser forces the Seller as correct nonconforming or defective goods by a date to be agreed upon by the Pumham and due Selleq rand the Seller thereafter indicates its mobility or, unwillingness to comply, the Fmchaser may cause the work to be performed by me most expeditions means available to it, and the Seller shall pay all costs ressociaLLd with such work The Seller shall release the Purchaser and its contrmtars of my her fmm all liability and claims of any mime muhm, fmm that perb ice of such week. This release shall apply even in the event of fault of negligence of the Forty released all shall extend to the directors, aRcers and .,lay. of such party. The Selkrs commensal obligations, including warranty, shall not be deemed to be reduced, in any way, baauu such work is Performed or caused to W performed by the Purchases. 14. PATENTS. M,nevcf,he Seller is r yuired to use any design, device, material or process covaN by later, paint, trademark in copyri,M, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with Ne comma, 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 prosecution or aft the completion of the work. In came said equipment, or any part thereof car the intended use of Ore gook, kin such suit held to constitute infringement and the use of said equipment or purl is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue min, said equipment or pars, replatt the same with substantially equal be, werinfriniting equipment, or modify it so it bwemmes nartinfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bardnnp; make an assignment for the benefit of credimrs, appoint e receiver or rrcent fro MY of the Sellers property car business. this order may foMwids be .1cal by the Norbert,without liability. 16. GOVERNING LAW. The definitiam of team wort or the intrrpramio s ofNe agreement W the rights of all parties hereunder shall be construed under aed governed by the laws ofake State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfume work hereunder, including the smicea of Sellers Represemstive(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work Maker cram a s before Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment we f ished by others for installation or erection by the Sella, the Seller shall ra rive, unload, some and handle same an the site all become responsible thernfor as though such malmals ankar equipment were being famished by the Seller a der the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the pymrnl of workers compensvion, including newpotimal disease benefits, as 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 stare in which the work is to be done. The Sella Shall also cony comprehensive general liability including, but not Barred an. conuactual and automobile public liability insurance with bodily injury and dand, limits of at four S300,nW for my one person, S500,000 fix any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his ommcmrs, if any, to provide for such compensation all memories. Before my of the Sellers or his contractors employees shall do any work upon the pramises of mthem the Seller shall furnish the Purchases with a certificate them such compensation and insumntt have been provided. Such ecnifica e, shall specify me sate when such compensation and nevermore have been provided. Such certificates shall specify the date when scab compensation and in expires. The Sella agree the, such compensation and insurance shall be main aimed it after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever m persons or property caused by or resulting fmm the execution of the work provided for in this parelau order or in connection herewith. The Seller will indemnify and hold Iarmlass the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claim; losses, damages, charges of expense; whether direct or indirect, and whether to persons or pmpefry m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the For of the Sella, any of his cartoonist, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccns ings shall be brought against the purchases, or its officers, agents no employees at any rime on account or by reason of my ter, ration, raiders, amounts err default of the Seller of any of his contactors or my of its or their officers, .,carts m employees as aforesaid, the Sella hereby agrees to assume the defense thereof card to defend the some u the Sellers awn expense, to pay any all all casts, charge; mmme3rs fees all wake, expense; any red all judgments that may be incurred by or obuini Who, the Purchase, m ivy of its o, their affairs, agents or employees in such suits or office proceedings, and in eau judgment or other dim be placed upon or obtained against the pmpery of the Purchaser, or said Pities in or as a result of such suits or other proceedings, the Seller will at once coma the same to be dissolved and discharged by giving band or otherwise. The Seller all his contractors shall take all safety precautiom, famish and immll all guards necessary for the Intervention of accidents, comply with all laws and regulations with mgard an safety including, but without limitearm, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant[ rheum. Revised 07/ 014