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HomeMy WebLinkAbout485509 COLORADO SPECIAL DISTRICTS PROPERTY - PURCHASE ORDER - 3215127Fort Collins Date: 0110912015 PURCHASE ORDER PO Number Page 3215127 1of2 This number must appear on all invoices, packing all sand labels. Vendor: 485509 Ship To: PUBLIC LIBRARY (MAIN) COLORADO SPECIAL DISTRICTS PROPERTY 201 PETERSON ST AND LIABILITY POOL FORT COLLINS CO 80524-2990 C/O MCGRIFF, SEIBELS & WILLIAMS INC PO BOX 1539 PORTLAND OR 97207-1539 Delivery Date: 01/09/2015 Buyer: ED BONNETTE 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 1 2015 ANNUAL ORDER FOR GOODS & SERVICES 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&cgov.com 1 LOT LS 55,000.00 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 I. COMMERCIAL DEFAILS. Tax companies. By anduto the City of Fort Collins is came farm auto and lead axes. for Exemption Names is 11. NONWAIVER. 9"502, Fedend Excise Tax Exemption Cmifcate of Registry 8C�6000587 is alimand with the Call.., of Failure of the Purchase to insist upon strict performance of the terms and conditions hereof. Dust or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). maxise any rights or remedies Provided herein or by law, failure to promptly mtlfy the Seller N the event of a breach, the accomme, of or payment for goods hercunde or approval ofthe design, shall nor release the Seller of Good Rejected. GOODS REJECTED due to failure to rneet specifications, either when shipped or due to defects of any of the warranties at obligations of this parclame order ant shall no ha deemed a waiver of my right of the damage in onnsit, may be reamed to you for credit and are not to be replaced except upon receipt of "non parobscor to insist upon strict performance her a f or any arm rights or remedies as many such good, regardless instructions from the City of Fort Collins. of what shipped, interval or accepted, as many prior or subsequent default hereuM , nor shall my purported oral madirnition or rescission of this Oarchase order by the Purchaser operate ss a waiver of my of the terra Inspection. GOODS on, subject to the City of Fort Collins inspection on cu t hereof. Final Acceptance. Receipt of the merchandise, services or equipment in airman to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authanxid payment on the pan of the City of Ton Collins. However, it is to he understood that FINAL Seller and the Purchaser recognim that in prmal economic practice, overcharges resulting from somment ACCEPTANCE is dependent Open completion of all applicable required inspection procedures. violations are in fact home by the Purchase. Theretofore, for pod caum 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 must be, F.O.B., City of Fan Collins, 700 Wood St., Ton Collins, CO 80522, unless acquired under federal or state andurna laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and cbarge sa,amudy, the original freight purchmed or acquired by the Purchase pursuant to this purchase ader, bill must tacamoanv invoice. Additional chances for oackins will not be occeated. Shipment Distance. Where manufacmrtrs have distributing Points in various parts of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will he deducted from Invoice when shipments are made from great. distance. Permits. Sella shall procure at sellers sole cost all cowry parrs, eertifr. and license, required by all applicable laws, mgulaflom ordiranca and rules ofthe auto, municipality, territory or political subdivision where the work is perfmnmed, or required by my other duly costitded public authority having jurisdiction over no work of vendor. Seller further agrees to hold the City of Fort Collins hamtlass from ant against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, inhuman, mlcs and requirements. Authonation. All ponies to this contract agree that the representative, are, in fact, bona fide and pasws full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limis acceptance to the temp and conditions scored herein set forth 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 tryout cannot make complete shipment to arrive on your promised delivery date. nosed. Time is of the essences Delivery anJ performance most be cheered within the time stated on the purchase order and the documents attached hereto. No acs of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchssct shall have, in addition m other legal and equitable remedies, the option of plating Nis order elsewhere and t holdingtheSeller liable for damage. Howweb the Sella shall cot be liable for damages is a , f. of delays due to causes rent reasonably f reable which are beyond its reasomblo contarl and without its fault ofne, was a such prosof God. tactofcivil or militaryauthusing such delnenulprioritiesroes,sacks,Boos,epidemic,warsor him provided that erica of e the ed knowledge causing such delay is given a the Purchase within five lie days of the trite what rrt Seller den received no wldgr thereof. In the event of eI such delay, the date of delivery shall tr extended for the penal equal a the rime actually lost by Lawn of the clay. 3. WARRANTY. The Sella warrants that all goods, article, materials and work covered by this order will conform with applicable drawings, specifications, samples andsor other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted contends far work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost o the purchaser, any defects or faults arising within one (I) year or within such longer permit of time as may he prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or =Wools formation by the Seller. Acceptance or use of goods by the Purchaser shall not commode a waiver of any claim under this wammmty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of any of the foregoing warranties or grommets, but such liability shall in no event include lass of p.fi. or loos of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make chmgrs m legal terms by urinm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tomes, including additions an or notorious from the 9trmtities mr, mlly ordered in the specircarians or drawings, by vortal or wfict thanp cola. If any such change affects the amount due ar the time of,cif ace hereunder, an equitable adjustment shall he rude. 6. TERMINATIONS. The Purchaser may many time by wrnen change order, termionu this agreement as many or all portions of the goods then not shipped, subject to my equitable adjustment between the parties m to my work or materials then in progress provided that the Puralmea shall not be liable for any claims for anticipated profits on the uncompleted portion of the good tndrar work, for incidental or consequential damages, and that am such adjustment be made in favor of line Seller with respect to on, goad which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the clung, or termination is ordered. S. COMPLIANCE WITH LAW. no Seller wanrmts that all goods sold hereunder shall have bean moused. said, delivered and Examined in strict compliance with all applicable laws and regulatom m which the good are subject. The Sella shall execum ant deliver such dommonts as may be, required to effect or evidenu complunce. All laws and ambitious required to be incorporated in agreemens of this chamera are hereby incorporated herein by this reference. The Sella spas to indemnify and hold the Purchase harmless farm all oasts and damags sulfned by the Purchase as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, uansfa, or convey this arder, or my unions due or to become due hereunder without the Prior wrinen arson of the order parry. 10. TITLE. The Sale, waeams full, clear and unnamin d title to the Purchaser far all equipment mmerisls, and it. furnished in performance of this agreement, face end clear of any and all lions, ontrictinos, reservmiom, security interest encumbrances and claims irwhom. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goad by a date m be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability err unwillingness to comply, the Pu eleavr may tame the work to he performed by the most expeditious mama available to it, and the Seller shall pay all casts asawmtcd with such work. The Seller shall a[. the Fur damer anal its uncommon n of my no, farm all liability and claims of any venue resulting farm the performmce orsuch work. This release shall apply even in the event of fault of negligence of the pray released and shall extent to the direar s, oRicas anal employees orsuch party. The Sellers contractual obligations, including warranty, shall not be doomed to he reduced, in any way, because such work is perfarmud or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to us, any design, device, material a process eoveral by lave, parent, trademark copyrighl, the Seller shall Ndemnify and save hion less 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 the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In eau said egnipment, or my pan thereof or the intended use of the good, is in such suit held to cambium infringement and the me of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either p.me for the Purchaser the right to continue using said equipment or From replace the same with substantially equal but noninMnging equipment, or modify it so it becom, rwninGnging. 15, INSOLVENCY. If the Seller shall became beach out . hahmpL nuke an assignment for the beaefrt of creditors, appoint a reeroa or mtsra for my of the Sellers property or business, this order my forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition inflation used or the interprcution ofthe agreement and the rights ofall parties haeender shall be onstr ad umba and governed "a taws of the State of Colorado, USA. The following Additional Conditions apply only in caul where the Seller is to perform work hereunder, including the services of Sellers Represenutive(s), on the premiss of orders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in x of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the I mhasa. When materials and ryim,nom arc famished by orders for installation or erection by the Seller, the Sella shall receive, naload, store and handle same at the site and become responsible therefor as though such namools miller equipment were being familial by the Sella under the order. IS. INSURANCE. no Sell. shall, an his own cxpen xv, provide for the payment of aches compensation, including occupational disease brncfus, to its employees employed on or in com action with the work covered by rids purchase order, mdror to their dependents in accordance with the laws of the ware in which the words is in he done. The Sella shall also carry romprebensive general liability including, but not limited m, contractual and automobile public liability assurance with bodady injury and death limits of at lent S300.000 for any one person, S500,00n for any one accident and property damage limit per accident of S400,tp0. The Sella shall likewise r ndim his conlrprmra, if my, m provide for such minformation and nouranca Bet any of the Sellers err Im contractors employees shall do my work upon the premisesof others, the Seller shall furnish the Purchaser with a certircate Nat such comperemn. and insurance have been provided, Such wnifivaes shall specify the deco what such compensation and insurance have been provided. Such catifrcatea shall specify the date what such compensation and insurance expires. 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. no Seller hereby assumes the entire responsibilityand liability for my and all damage, loss ur injury of any kind or nature whatsoever an persons or property caused by or resulting from the execution offle work provided for in this purchase order or in connection henswith. The Sella will indemnify and hold harmless the Purchaser and my or all of the purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direst or fichowt, and whether to persons or property to which the Pomhasa may he put or subject by recom of my act action, neglect, omission or default on the pan of the Sella, my of his contractors, or my of the Sellers or contactors appears, agents or employes. Is case my suit or other p.acediarp shall be brought against the Purthma, in its officers, ages s or employees in my time on income or by raw. of my ack, action, neglect, omission Or default of the Sella of any of his am... or my of its or their officers, agents or employees as of said the Sella hereby agrees m assume the defense thereof and m defend the rarre at the Sellers out expense, to Ray my and all ones, clamps, atmmeys fees and other expenses, my and all judgmcas that may be, courted by err obtained against f Purchaser err my of its or Heir officers, agents or employees in such suits or other proceedings, and in case judgment or other lion be placod upon or obtained agamo the property of the Purchaser, or said parties in or as a result orsuch suits or at proceedings, flue Seller will at once cause the same in be dissolved and discharged by giving hod or otherwise. The Sella and has contractors shall coke all safety precautions, furnish and instill all guard necessary for the ce aidam of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regutatiom issued pursuant thereto. Revised 07/2014