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HomeMy WebLinkAbout433069 RICHARD V LOPEZ - PURCHASE ORDER - 9111460PURCHASE ORDER PO Number Page City of 9111460 1 of 2 FlirtThis number must appear Collins !-\�,/`I {� " �7 on all invoices, packing slips and labels. Date: 0311112011 Vendor: 433069 RICHARD V LOPEZ ATTORNEY AT LAW 4450 ARAPAHOE AVE BOULDER Colorado 80303 Ship To: NEIGHBORHOOD & BUILDING S CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 03/11/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Srvs_Adm Hrg Officer 1 LOT LS 10,000.00 Total $10,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.corn PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smrute the City of Fort Collins is exempt from state and Inca) uses. Our Exemption Number is 11. NONWAIV ER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collcdor of Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcof, failure or dclny to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 3940, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller Of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the 0armntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temrs Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suthonzed payment on the pan of the City of Fort Collins. floaxvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. O ermharges resulting from antitrust ACCEPTANCE is dependent upon completion s fall applicable required inspection procedures. violations arc in fact home by the Purchaser. Thermofom, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may anw have or hereafter Freight Terms, Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 50522. unless acquired under federal or state antilmsl laws for such overcharges relating to the particular goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Tribe Purchaser directs the Scllcr a caro ct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted Form voice when Purchnscr and the Scllcr and the Scllcr thereafter indicates its inability m umvilhingnes, to comply, the Purchascr shipments are made form grcatCT distance. may cause the work to be performed by the mast expeditious means available to it. and the Seller shall pay all cost associated with such work. Permits. Seller shall procure at sellers sole cat all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of and.,. Seller harbor agrees to hold the City of Fort Collins harness fmm and against all liability and loss incurred by them by reason Orion asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and rimoss full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stated herein set forth and any supplementary or additional saner and conditions annexed herein or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nmve on your promised delivery date as noted. Time is of the essence. Delivery and performance Most he effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance ofpanial Irate deliveries, shall operate as a waives of this prevision. In the event of any delay. the Purchaser shall 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 to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such act, of God, acts ofeivil or military authorities. governmental priorities. fires, strikes. Rood, 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 Seller 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, article,, 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Form any loss, damage or expense which the Purchascr may suffer or incur on account of the Scllcrs breach o-wis arty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defect or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tomes ofany applicable warranty provided by the Seller after the date of (acceptanceno acceptance of the goods famished hereunder (acceptance t to be unreasonably delayed), resulting Form imperfect or defective work done at materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder 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 Ions nfp.fit, or Ins, cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities ad,inally ordered in the specifications or showings. by verbal or written change order. If any such change affect the amount disc or the time ofpafommance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, nonfarm this agreement as to any or all portions of the goods then not shipped. ,object to any equitable adjustment bchwecn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that ne such adjustment he made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Pu¢hoscr or the Set let of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within shirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcrcunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall caeeum and deliver such documents as may be required to effect or evidence compliance All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all crisis and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become disc hereunder without the prior written consentof the other party. 10. TITLE. The Seller armors full, cheur and unrestricted title to the Purchnscr, for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofstch work. This rcleaa shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsamh party. The Scllcr'., contractual obligations, including syztmmy, shall not be deemed to be reduced, in any way, because 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 covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harness the Purchaser Team 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 Purchnscr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the complelion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment Or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninhringing. 15. INSOLVENCY. If the Seller shall ba.mc insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of tcrnvs used Or she interpretation ofthc agreement and the rights ofall panics hereunder shall be conslmcnl under and governed by the Incas of she State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcn including the services of Scllcrs Representative(,), on the premises .fathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the wax is hilly completed and accepted, and shall, in ease of any accident, destmelion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's ova expense and to the satisfaction of the Purchascr. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sure and handle same of the sire and hccomc responsible therefor as though such materials and/err equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his man expense, provide for the paymcm of workers compensation, including occupational disc.. benefits, to 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 state in which the work is to be done. The Seller shall also curry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury, and death limits of at least S300,000 for any one person, S506.600 for any one accident and property damage limit per accident of S400100. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance have beta provided. Such certificates shall specify the date .when such compensation and insurance expires. The Scllcr ogrecs that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunws the entire responsibility and liability for any and all damage loss or injury Orion, kind or nature o hitsocver to persons ur property caused by or resulting From the execution ofthe work provided for in this purchase order err in connection herewith. The Scllcr will indemnify and hold harness the Purchascr 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 Purchascr may be put or subject by reason of any act action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors nfficcm, agents or employees. In case any suit or other pmcecdings shall be brought ogninsl she Purchnscr, or its officers. agents or employees of any time on account or by reason of ony act, action, neglect, omission or default of the Seller of any of his 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 wmc at the Sellers own expense, to pay any and all costs, charges. attomcy, foes and other expenses. any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their ofTtccrs, agents or employces in such suits or other proceedings, and in case judgment ar other lien be placed upon or obtnincd against the property of the Purchascr, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the sonic to he dissoked and discharged by giving bond or otherwise. The Seller and his contractors shall take all surety precautions furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. hot without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010