HomeMy WebLinkAbout353311 CHEVO STUDIOS - PURCHASE ORDER - 9957362Date: 12/9/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9957362
Delivery Date: 12/9/2009 Buyer: O'NEILL,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT
APP Design-N. College Improve
Total
City of Fort Cqrjn# Director of Purchasing and Risk Management
This order is alid over $5000 unless signed by James B. O'Neill II, CPPO
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
4,000.00
$4,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fioni state and local taxes. Out Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered With the Collector nP
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1073, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped of clue to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen
instructions font the City of Foil Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on ❑rival.
Final Acceptance. Receipt ofthe merchandise, services of equipment in tesponse to this order can result in authorized
payment on the part of the City of Foil Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terris. Shipnnents mast be PA.B., City of Foil Collins. 700 Wood St-, For Collins, CO 80522, unless
otherwise specified on this order. Ifpennission is given to prepay height and charge sep:aately. the original Bright bill
mast accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where nttnufacturers have distributing points in various pails ofthe country, shiptutalt is expected
fromthe nearest distribution point to destination, and excess freight Will be deducted fionn Invoice wlnenshipinentsarc•
nude from greater distance.
Pennits. Sellershall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the +vork is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless froni and against all liability and loss insured by them by
reason of an asserted or established violation of any such laws, regulations. ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives arc, in fact. bxnna fide and possess full and
complete authority to bind said pities.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tennis and conditions stated herein
set forth and any supplementarym additional tennis and conditions annexed hereto or incorpomted herein by reference.
Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ityou cannot make complete shipment to ani-on your
promised delivery date as noted. Time is ofthe essence Delivery and I- itinuance must be ellected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a Waiver ofthis provision. In the event o(:uiy delay, the
Purchaser shall have, in addition to 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 danages 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 m military authorities, governmental priorities, lines, strikes, flood, epidemics, wars or riots
provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time
when the Sella first received knowledge thereof In the event ofany such delay, the (fate ofdelivcry shall be extended
far the period equal to the time actually lost by reason of the delay.
3.WARRANTY.
The Seller warrants that all goods, articles, ratlerills and work covered by this order Will confine with applicable
drawings, specifications• samples and/or other descriptions given, will be fit for the purposes intended, and pet foliated
with the highest degree of care and competence in accordance with accepted standards for work of a similar mute.
The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pill'eltasCI play sutler or
incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults ,it within one ( I ) year of within such longer period of time as niay be prescribed by
law of by the terns of any applicable warranty provided by the Seller alter the date of acceptance of -the goods
fumished hereunder (acceptance not to be out delayed). resulting It imperfect or defective work done of
materials furnished by the Seller. Acceptance or use of goods by the Putchasershall not constitute It waiver ofany
claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall
extend to all damages proximately caused by the breach ofany ofthe Rregaing wanaulies or guarantees, but srcla
liability shall in no event include loss of profits of loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT- APPLY_
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser ,nay make any changes to the terns. other than Ieeal terns, including additions to or deletions front lac•
quantities originally ordered in the specifications of drawings. by verbal of written change order. Ifany such change
affects the amount due or the time of perforrance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may a any bane by Written change order, terminate this auecnacnt as to any or all portions ofthegoods
then not shipped, subject to any equitable adjusmnent between the parties as [nary work of materials then in progress
provided that the Purchaser shall not Ix liable for anv claims for anticipated profits ou the uncompleted portion oIt lie
goods and/or work, for incidental of consequential cianiages, and that uo such adjustment be node in favor of the Seller
with respect to any goods which are the Sellers standard stock. No such Ic•imination shall clieve the PUIChas(•r' or the
Seller of any of their obligations as it) any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted Within thirty (30) days from the date the change or tennination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hccunder shall have been produced, sold, delivered and tillnished in strict
compliance with all applicable laws and regulations to which the goods ant subject. The Sellershall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees coo
indemnify and hold the Purchaser hannless from all costs and dannages su Bered by the Purchaser as it result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" Within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"). then the provisions of'Section 15 ofAnicle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [C'ontractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold may sole source government contract, or
public employment with the state of Colorado or any of its political Subdivisions. tin three yeas.
9. ASSIGNMENT.
Neither party shall assign, tiansfer, or convey this order, or any monies due or to become clue hereunder+vithoul the
prior written consent ofthe other party.
10.'I'ITLF.
The Seller+vanants full. clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in
performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
I ailune of the Purchaser to insist upon strict pertomtanee of the terns and conditions hereof, failure or delay to
exercise any rights or remedies provided herein of by law. failure to promptly notify the Seller in the event of a breach.
the acceptance of or payment tie goods hereunder or approval ofthe design. shall not release the Seller ofany ofthe
%van anties or obligations of this purchase order and shall not be deemed a Waiver ofany right ofthe puchaser to insist
upon strict perfonnunce hereof of any of its rights or remedies as tin any such goods, regardless of When shipped.
received or accepted. as to any prior or subsequent delault hereunde, not shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a Waiver ofany ofthe terns hereof.
12. ASSIGNAIENTOF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, OVCI CIIargCS resulting from antitrust violations are
in fact borne by the Pnr'Chaser'. Theremafoie, for good cause and as consideration fior executing this purchase order, the
Seller hereby assigns to the Purchaser anv and all claims it nely now have or hereafter acquired under federal orstate
antitust laws for such overchm ges reha ing tothe pat iodic goods or services purchased or acquired by the Purchaser
pursuant to this purchase ot(lei.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by it date to be agreed upon by the
I'urchaser and the Seller. and the Seller thereafter indicates its inability of unwillingness to comply, the Purchaser may
cause the +vork In be performed by the most expeditious means available m it, and [he Seller shall pay all costs
associated +vith such +vork.
'rile Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany nature resulting
from the perfonnunce of such Work.
This release shall apply even in the event of fault ofnegligence ot'the pally released mid shall extend to die diiectots,
officers and employees of such path•.
The Seller's cons [actin obligor ions. including warranty, shall not be deemed to be reduced, in any way, because such
+cork is pe6u lned or caused to be perfnmicd by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design. device, niatei ial or process covered by letter, patent, trademark or
copyneht, the Seller shall indemiily and save harmless the Purchaser fioni any and all claints fin infiingennent byreason
ofthe use ofsuch patented design, device, material m process in connection with the contract, and shall indemnify the
Purchaser Iot any cost. expense or damage which it may be obliged to pay by reason of such infi ingenient at anytime
during the prosecution or alien the completion ofthe work. In case said equipment. or any pan thereofor the intended
use of the goods, is in such suit held to constitute infringement and the use of said equipnnent or part is enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipnnent or pans. replace the sane With substantially equal but non -infringing equipment. or nodify it so it becomes
non -infringing.
15. INSO I_V ENCY,
If the Seller shall become insolvent or banki upt. make an assignment for the benefit of creditors, appoint a receiver of
trustee for any of the Sellers property of business, this order may forthwith be canceled by the Purchaser without
liabilitn•.
la. GOVERNING LAW.
The definitions of terns used of the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe Stine of Colorado. USA.
The Billowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s). on the premises of others.
17. SELLERS RESPONSIBILITY,
The Seller shall canyon said work in Sellers own risk until the same is fully completed and accepted. and shall, in case
of :any :accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
,nipleie doe work at Seller's o+vn expense and to the satisfaction ofthe Purchaser'. When materials and equipment arc
furnished by others lit installation or erection by the Seller. the Seller shall receive, unload, store and handle same rt
the site aui become responsible therefor as though such nencrials and/or equipnnent Were being fumished bythe Seller
wider Ilie order.
18. INSURANCE
The Seller shall. at his own expense, provide for the payment of\voikeis coriil)ensation, including occupational diseasc
benefits, to its employees employed cool in connection With the work covered by this purchase order, and/or to their
dependents in accordance With the laws of the state in Which the Work is to be done. The Seller shall also tiny
comprehensive general linhility includine. but not limited to. contractual and automobile public liability insurance will)
bodily injury and dcuth limits ofat least 5300.000 liar any one person. S500.000 for any one accident and property
d;miaee limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide for such
compensation and insurance. BeRxe any ofthe Sellers or his contractors employees slrll do any work upon the
premix s otothers. the Seller shill firrnish the Purchaser With a certificate that such compensation and iusumnee have
been provided. Such certificates shall specify the date When such compensation and insurance have been provided.
Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such
coulpensalion and insurance shall Iv maintained until after the entire Work is completed and accepted.
19. PROTECTION AGAINST AC'C'.IDFNTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
name whatsoever to persons or property caused by or resulting tom the execution ofthe work provided for in this
purchase order of in connection herewith. The Seller will indemnify and hold hiinless the Purchaser and andor all of
the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges of
expenses. whether direct or indirect. and whether to persons or propene to which the Purchaser maybe put or subject
by reason of act, action. neglect, omission or default on the pan of the Seller. any ofhis contractors. or any ofthe
Sellers of contactors officers, agents m employees. In case any suitor other proceedings shall bebrought against the
Purchaser, or its officers. agents or employees it any time on account or by reason ofany act, action, neglect, omission
or detault ofthe Seller ofany of his contractors or any of its of theirofficers, agents or employees as aforesaid. the
Seller hereby agrees to assume the defense thereof and to defend the sane at the Sellersown expense• to pay any and
all costs, charges, attorneys lees and other expenses, any and all judgments that maybeincurred by or obtained against
the I'urch;ser or any of its or their officers, agents or employees in such suits of other proceedings, and in case
judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in oras aresuht
ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond
of otherwise. The Sellci and his contractors shall take all safety precautions, fiunish and install all guards necessary for
the prevention of accidents. comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 0411001)