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HomeMy WebLinkAbout167150 SUSAN DAILEY - PURCHASE ORDER - 9110622 (2)City of -Collins ��-tom. Date: 01/26/2011 Vendor: 167150 SUSAN DAILEY 140 S HOLLYWOOD . FORT COLLINS Colorado 86521 PURCHASE ORDER PO Number Page 10 2 9110622 .. . This number must appear on all invoices, packing sli s'and.lab"els.. Ship To: LINCOLN CENTER CITY OF FORT COLLIN.S 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 01/25/2011 Buyer:. JAMES O'NEILL Note: Line Description Quantity 'Extended P UOM Unit Price Price Ordered 1 APP-Linden Streetscape 1 LOT LS 2,500.00 Design Total $2,500.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Invoice Address: City of Fort Collins Accounting Department__..__ PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions:By statute the Cityof Fort:Collinsis exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excrsc Tax' Exempuon;Caflficate: of. Registry 84-6000587 is registered with the Collector of Internal Revenue; Denver, Colorado (Ref'Colomdo Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODSREJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for,. credit and: are not to be replaced except upon receipt of written instructions from`thickity of Foil Collins: - Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Page 2 of 2 11. NONWANER'. Failure ofthe Purchaser to insist upon strict performance.of the, terms and conditions hereof failu`ie or delay to exercise any rights or remedies provided hcmin'or by lew� failum io promptly no'. ,the , ,, .in're or ant of e breach, the acceptance of or payment for goods haeUnda or,eppmQ ofthe design, shall not mkise the.Seller of any of the warranties or obligations of this purchase order and shell not bc'deemed a waiver of any`,'righf ofthe purchaser to insist upon strict performance hereof,_ anyotits'rights or remedies as to any, such goods, regardless of when shipped, received or accepted, as to any prior or subsequent defaultIhere'under;:"nor,shell any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the. part of the 'City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual, economic practice, overcharges resulting from antittsl ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good; cause :end'as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and' ell claims it may now have or heieafier Freight Terms. Shipments must be F.O.B., City of Foil Collins, ref Wood St., Fort Collins, he 8ginal unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this .order If permission is given.to, prepay freight and chergesepamtely, the original purchased or acquired by the Purchaser pursuant to this purchase order. ; bill must accompany invoice: Addinonal charges for packing will rimbe accepted. '-J a i 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS Shipment Distance. Where manufacturers,have distributing points rn'vanous parts of the country, shipment is If the Purchaser directs the Seller to correet'nonconformmg'or'defectrve goods bya date to be agreed upon by the expected from the nearest distribution pant to des6nation;�and excess:freight willtbe_deducted from Invoice when __ Purchaser and the Seller, and thelSella thereafter:mdtcmes its ihebdtty or unwillingness io comply, the purchaser shipments are made from greater dismnce --- - -- ` may cause the work to be performed by the iimt expedmous.means available to it, and the Seller shall pay all Permits. Seller shall procure at sellers 'sole cost all necessary permits, certificates and licenses required by all costs associated with such work- , applicable laws, regulations, ordinances and rules ofthe state, municipality; territory or political subdivision where The Seller shall release the Purchaser and itscontractors'of enyuer from'alhliebiliTy and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Foil Collins harmless, from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees of such parry. Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and -complete authority to bind said parries. LYMITATION'OF TERMS. This Purchase;Order expressly limits acceptance to the terms and conditions stated .herein set forth and any supplementary or. additionalaemts 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 if you cannot make complete shipment to arrive on your promised delivery,date as noted.,Thne is,of:the essence. Delivery and,performance.must be effected,withinthe time -stated on the purchase order and the documents. attached hereto. No acts of the Purchasersincluding, without limitation, accepiance of partial late deliveries, Shall operate as . waiver of this provision In the eveut,of any delay, the PumliAashall have,.in,addition to other legal.and,equitable remedies,.the option ,ofplacing: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 6causes not reasonably foreseeable whichare beyond its reasonable control and without its fault of negligence, suchhacts of God; acts of civil or militaryauthorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the Conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the date 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, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance 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 suffa or incur on account ofthe Sellers breach of warranty. The Sellmshall replace, repair or make good, without cost to the purchaser,any defects or faults arising within one (I) year or.within such,longerperiod of time as may be prescribed by law or by the terms of any applicable warranty provided bythe.Sellef after the'date'of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed) resulting.from;imperfect or defective work done or materials furnished by the Seller. Acceptance or use of " ' by:the'Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ordwhbe-Sellers liabilityhereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because suclfwork.is performed or caused to be performed by "the Purchaser" 14. PATENTS. .. .. .. ..- ': ... Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, 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 the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringementat any time during the:prosecutionor after the completion ofthe work. -In case said equipment, or any part thereof or the intended use of,the,goods„ is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the,Sellei shell, et its own expense and at its option, either procure for the' Purchaser,.the right to Continue using said equipment .or -;parts, -replace the-smie•with, substantially, equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment. for. the benefit of creditors, appoint_e receiver or trustee for any of the Sellers property or business, this`crdef may foithwith Abe canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights of all panics 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 its -to$6form work hereunder, including the services of Sellers Representative(s), on the premises of others. •�• , v �t une ai �euers own nsx unm the same is-.fully,completed_and accepted, and shall, m case�of.any accident, destruction -or rmuryto the work'and/or materiels before Seller's final completion and seceptwce complete the work'ai Sellers'own'expease endioa the sansfaotion of tAe:P,iiim aser. When materials and equipment are furnished by others for installation or erecfio' by the Seller, the.Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the orde"rid::. 4. CHANGES IN LEGAL TERMS. 18. INSURANCE. The Purchaser may make changes to legal terms by written change order. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits,, to its employees employed on or in connection with the work covered by this Purchase Order, 5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from shall also carry comprehensive, general liability including, but not limited to, contractual and automobile public the quantities.originally.prdered.in-the,specifications,or.dmwimgs,.by-vabal.or_written chenge.order..Ifanysuch aiability.insurence'with bodily. injury_and death,limits'of at least $300,000,for anyone Person, $500,000. for.any change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. one accident end property damage limit -per. accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance: Before anyof the Sellers or'his contractors 6 TERMINATIONS. employees shall do any work upon the premisesof others, the Sella shall famish ttie Purchaser with a certificate i The iPuk6sa'may. at any time by written change order; terminate this agreement as to any or all portions of the that such compensation and insurance Have been provided. Such certificates shell specify the date when such goods -then not shipped, subject to any equitable .adlusimentbetween the parties as to any work or materials then in compensationand:insumnce have been provided: Such certificates_sha11'specify_thedate wheosuch compensation progress provided that the _Purchaser -shall -not .be. liable -for any -claims -for anticipated profits on the uncompleted---and-insurance expires.-7he'Sellei egees that such compensation and insurance shell be maintained until after the portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work is completed end accepted. favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wimmus that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with allapplicablelaws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements ofthis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants 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. 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 ofthe work provided for in this purchase order or in connection herewith. The Seller will'indemnifyand hold harmless the Purchaser and any or all 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 to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission 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 ofhis contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, topay.any and all costs, charges; attomeys'fees and other expenses, any and all judgments that may be incurred by or obtained against. the Purchaser or. any of its or their officers, agents or employees•in suchsuits or other proceedings, and in case judgment or other lien be placed upon or obtained against fheproperty of the Purchaser, or saidparties in of as a result of inch suits or other proceedings, the Seller will it once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractorsshall take all safety Pmeautions,.fuinish 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 Safety and Health Act of 1976 and all rules and regulatiodsissued pursuant thereto. .. s Revised 03/2010