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HomeMy WebLinkAbout113275 ALLER-LINGLE-MASSEY ARCHITECTS - PURCHASE ORDER - 9955240Fort Collins Date: 04/19/2011 PURCHASE ORDER Vendor: 113275 ALLER-LINGLE MASSEY ARCHITECTS 712 WHALERS WAY BLDG B SUITE 100 FORT COLLINS Colorado 80525 PO Number Page 9955240 1o12 This number must appear on all invoices, packing slips and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado 80524 Delivery Date: 08/27/2009 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Change order 2 1 LOT EA 285.00 ,o Change order 2 1 LOT EA 665.00 Total $950.00 C3. O✓le:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tam exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Eacise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the serous and conditions hcrcof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach. the acceptance ofm payment for goods hereunder or approval ofthe 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 wamntics 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 hercofor any of its rights or remedies as many such Seeds, 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 and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on anneal. hcrcof. 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 antitntst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or her..ficr Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitmst laws for such overcharges relating to the partieulnr goods or services otherwise specified on this ordee If permission is given to prepay freight and charge separately. the original freight purchased of acquired by the Purchaser pursuant in 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 If the Purchaser directs the Seller to correct nonconforming or defective goods by n date to be agreed upon by the expected From the ncaren distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sdlcrs sole cost 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 doly constituted public authority having jurisdiction Over the work of vendor. Seller further agrees to hold the City of Fort Collins handy. from and against all liability and Iosx incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances talcs and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purehase 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 terms and conditions proposed by seller are objeecd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clsew'herc 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 it foolt ofnegligence, such acts of God, acts of civil or military amhantics. govcmmental priorities, fires, strikes good, epidemics, wars or riots pmvided 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, 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 perforated 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 Firm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be pmscribcd by law or by the terms of any applicable warranty provided by the Scllcr after the date of acceptance of the goods furnished hereunder (aacptance not to be unreasonably delayed), resulting From imperkct or defective work done or materials Furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this wmranty. 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 loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriucn change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment belwcen the parties as to any work or matcrials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted patina of the grads antler wed:. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or terannatian is ordered. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subjcet. The Seller shall cxccutc and deliver such documents as may be requited to effect or evidence compliance All laws 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 Purchaser harmless from all cents and damages suffered by the Purchaser as a result of the 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 of the other party. 10. TITLE. The Seller warrants full, clear and umrnstricted title to the Purchaser for all equipment, matcrials, 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. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomance ofs ch work. This recast shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ofcers and cmployces ofsuch party. The Seller's contractual obligations including warranty, shall not be deemed in be reduced, in any way. because such work is performed or caused to be perforated by the Purchaser. W. 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 infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan 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 Scllcr 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 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 a receiver or tmstec for any of the Sellers property or business, this order may fortloviih be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights off[] parties hereunder shall be eonstraed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfmmn work hereunder. including the services of Scllcrs Represcntativc(s), no the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's men risk until the scow is fully completed and accepted, and shall. in case of any accident, destmetio t or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle saute at the site and become respnnsible therefor as though such materials and/or equipment wcrc being frnished by the Scllcr under the order. 19. INSURANCE. The Seller shalh at his own expense, provide (or the payment of workers compensation, including occupational disease benefits to its ennployecs 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 In be done The Seller shall also carry 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. S500,000 for any one accident and property damage limit per accident of S400.000. 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 famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the rime when sash compensation and insuranm expires, The Seller agrees that such compensation and insurance shall be mninmined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injory of any kind or nature whatsoever to persons or pmpcny caused by or resulting fmm the execution ofthc work provided for in this purchase order or in connection hcreec ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers office¢, agents and employees from and against any and all claims, losses, danugcs. charges of 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 pan of the Seiler, any of his contractors. or any of the Sellers or contractors officers, agents or empinyees. In case any suit or other proceedings shall be brought against the Purchaser, or its otficcrs, agents or employees at any time on account ar by reason of any 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 same at the Scllcrs own expense. to pay any and all costs, charges, attorneys 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 such suit Or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser. or mid parties in or as a result of such suits or other proceedings. the Seiler will at once cause the semc to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Sa(bty and Hcalth Act of 1970 and all rules and mgulations issued p rtsamu thereto. 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