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HomeMy WebLinkAbout518143 TRINITY ESC - PURCHASE ORDER - 3215161PO PURCHASE ORDER 321516er Page �'.Ity of PURCHASE 3215161 1 or z ' `t( OI I I„C This number must appear {� V `a 1 1�7 on all invoices, packing sli s and labels. Date: 01/1212016 Vendor: 518143 TRINITY ESC 1112 E COPELAND RD SUITE 500 ARLINGTON TX 76011 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 MISC MATERIAL 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 1 LOT LS Total $6,000.00 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 1. COMMERCIALDETAIIS. Tax exemption,. By statme the City of Eon Collins is exempt from sate and local taxes. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collector of Normal Revenue, Denver, Colorado (Ref Colorado Revised Simmer er 1973. Chapter 39-26. 114 (a). Cords Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in nanit may be retumd to you for credit and are net to be replaced except upon receipt of women instructions from the City ofFort Collins. Inspection. GOODS are subject to the City of Eon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in au canned payment on the part of the City of Fort Collins. However, it is to be underworld that FINAL ACCEPTANCE is dependent upon completion drill applicable required inspection procedures. Freight Terms. Shipments must be F.OB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts 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 greater distance. Permits. Seller shall procure at sellers sole case all necessary permits, cenificmea and licenses required by all applicable laws, regulations, micrometer and Wes ofthe same, municipality, remmry or political subdivision where me work is perforated, or requird by any other duly canitWted public authority having junsdicrion aver the work of vendor, Seller father agrees to hold the City of Eon Collins harmless from and against ell liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requiremenu. Authonestion. All parties to this contract agree then the representatives are, in nor. bona fide and possess full and worried, authority to bind said power. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment no urive no your promised delivery time as noted. Time is ofthe essence. Delivery and performance must be effecred within the time stated on the purchase order and the documents worched herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In me event of any delay. the Purchaser shall have, in addition no other legal and equitable remedies, the option of placing 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 reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. Flood 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 date of delivery shall be extmdd for the proud equal a the time actually lost by most ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles materials and work covered by tLis order will conform with applicable drawings, specifications, samples and/or other descriptions give, will he fit for the purpoees intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from any her. damage or expense which the Purchaser may suffer m incur on accown ofthe Sellers breach of wama ry. The Seller shall replace, repairer make good, without cost to the purchaser, any defects or faults Rising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not commute a waiver of any claim under dial warranty. Except air otherwise provided in this purchase order, the Sellers liability herewder shall extend a all damages proximately caused by the breach of any of the foregoing warranter or guarantees, but such liability shall in no event include loss of prefix or loss 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 legd terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal terms, including additions to or deletions from the cultures originally ordered in the specification or drawings, by verbd or woven change order. If any such change affrts the murder due or the time of performance here addIm an equitable adjustment shall he made. 6. TERMINATIONS. The Purchwer may, at any time by written change order, Tuolumne this agreement as to any or at portions of the goods then not shipped, subject many equitable adjustment between the parties as to any work or materials man in progress provided that me Purchaser shill not be liable for any claims for anticipated profits on the uncompleted! Edition of the goods anNor work for incidmtd or wnsequentid damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve me Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mot be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required a be incorporated in agreements of this character are hereby inwryoteeed herein by this reference. The Seller agrees e indemnify and hold the Purchaser harmless from all cords and damages suffered by the Purchaser as a resWt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or coned, this order, or any monies due or to become due hereunder without the prior wrmou consent of the other parry. to TITLE. The Seller warrants full, clear and unrestricted title m che Purchaser for ill equipment, materals, and items furnished in performance of this agreement free and clear of any and dl liens, restrictions, reservation, sacunty interest momnbrances and clams wothro, 11. NON'WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser to insist upon smet performance hereafor any of its rights or remedies es to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mothfievion or rescission of this purchase order by the Purchaser operate az a waiver of any of the terms heruf 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rewgnies that in actual economic practice, overcharges resulting from antitrust violations we in fact home by the Purchaser. Theretofore, for good clue, and as consultation for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to comet mnwnfomar .g or defective goods by a date to be egrced upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by the ..in expeditious means available to it, and the Seller shall pay all costs associated with .on work. The Seller shall release the Purchaser and its contrarmrs of any tier from all liability and claims of any nature esulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contrazwd obligations, including warranty, shall not be dmmd to be reducer- in any way, beeause such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process nv covered by harder, parent, trademark or wD,nght,the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the use of such Indicated design, device, material or process in connection each the contract, and shall indemnify the Purchaser for any coat expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In cox said equipment, or any pan therwf or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, A its own expense and at its option, either procure for me Purchaser the night m continue using sold equipment or parts, replace the same with substarually equal but noninfringing equipment, or modify it so it becomes now Pinging. 15.INSOLVENCY. If the Seller shill become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver a trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAN'. The definitions of terms used or the iwmryrctation of the agreement and the rights of all pasties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprsentative(s), on the premises problem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to she work andtor matdals before Sellers Flnd completion and acceptance, complete the work in Sellers own expense and as the satisfaction of the Purchaser. When materials and equipment are fumichd by others for insullmon or motion by the Sell, the Seller shall receive, unload, store and handle same ar the site and become responsible therefor as though such matends and/or equipment were being famished by the Seller under the order. IB. INSURANCE. The Seller shall, at his own expose, provide for the payment of workers compensation, including occa dwwul disease benefits, to its employees employed on or in wrmenion with the work covered by this purchase order, candler to their depeodenv in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprelficroLve general liability including, but not limited to, contractual and automobile public liability insurance with readily injury and death limits of at least $300,000 for any one person, 5500,00p for any one accident and pmperry damage limit per accident of 5400,000. The Seller shill likewise require his contraccon. Harry. to provide for such compensaton and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises df others, the Seller shall famish the Purchaser with a certificate mat such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintaind untl after the more work is complete 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 of any kind or nature 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 harmless the Puchaser and any or ill of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether m persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect emission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or airy of its or their officers, agents or employees as aforesaid, she Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and ill casts, charges, an tin ays fees and other expenses, any and of judgments thin may he incurred by or obtained against me Purchaser or any of its or their orccers, agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtainrl against the property ofthe Purchaser, or said parties in or m a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his wnnamom shall take all safety prmauuon. Bullish and instill all guard neceswy for the prevention of accidents, comply with all laws and regulations arch regard to safes, including, but without limitation, the Occupations] Safety and Health An of 1970 and all rules and regulations issued pursuant therein. Revised 09I2014