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Home My WebLink About105704 CHURCHICH RECREATION LLC - PURCHASE ORDER - 9113167Fort Collins Date: 05/31/2011 Vendor: 105704 CHURCHICH RECREATION LLC PO BOX 1174 NIWOT Colorado 80544 PURCHASE ORDER PO Number Page 9113167 tof2 his number must appear on all Invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 805244 Delivery Date: 05/31/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity. UOM Unit Price Extended Ordered arieu , 3 Mini Shelters per terms and conditions of bid #7232 and agreement dated 5-31.11 RCIIL� Q. 0i1A;-9Q .;7-1, 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 1 LOT .LS _ .30,045.00 Total 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 I. COMMERCIALDETAUS. Tax containing, By enema the Ciry of Fon Collins n exempt fiom sum and 1.1 rasa. Our Exemption Number is 9"502. Federal Excise Tax Exemption Canifoom of Registry 84fi000587 is regimred with the Collemor of Interest] Romano. Denver, Colorado (Ref. Colorado RevisN Sc uta 1971 Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to fsihoe to men mecifations, either when shipped or due to def u of damage in remit, may ba engaged to you for credit and are not to be replaced except upon receipt of written msnuctions from the City of Fan Colima Impection. GOODS an subject to the City of Fog Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in mananud payment an the pact of the City of FOR Calling. However, it is to be undmTood that FINAL ACCEPTANCE is depndent upon completion,fall applicable fryuhd inmecnan pmcedura. Freight Terms. Shipments must be F.O.B., City of FOR Collin, T00 Wood St, FOR Collins, CO 80522, unless otherwise specified on Nu andm. if emission is given to prepay freight and charge separately, the onginl freight bill man accompany invoice. Additional charges for pecking will OR be accepted. Shipment Dima«e. Where mmufcmm hrvc distributing points in various pars of the country, shipment is expected from the normar distribution paint in demanding, all excess freight will be deductd from Invoice when shipments the made f_ grata dicta«e. Permits. Sella shall pmnoe it sellers sale cent all nKemary, permits. «nifrata all liceacs required by all .,liable Iowa, regulations, odirwces and roles of the cum, municipality, teritm, d political subdivision whom the work is pformW, or acquired by any other duly exaf itmcd public emhariy having jurisdiction ova the work of vendor. Sella funkier agees to bold the City of Pon Collins hmn]eas from and against all liability and loss incurred by them by Reason of an assmcd or esublishe l violation of any such laws, regulations, ordinances, miss and requirement. Authonraion. All parties to this mend .,at then the rerosnnutives are, in fan, boa. fide and passess full and eomp]de hmhonty in bind said pates. LIMITATION OF TERMS. This I'umham Order ce,ress]y limits aces pane, we the terms and conditions anted hemin ser fart and my supplementary or additional toms and emthtian i mexed harm or incorporated herein by foramina. Any aditiannl d different memo all conditions pmposW by Rolla are objectd to all hereby mjatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your Promised delivery dam Or noted. Time is ofthe essence. Delivery Rod performance, a = be infected within the time meted on the purchase order roof the dmmmb attechd harm. No ern of the Fumigations including, without limitation, acceptance ofpadal late deli ones, shill operate n a waiver ofti is Featured. In the avoid of any delay, the Purchaser shall have, in eddifion to aging legal Rod auluble remedies, the option ofplacing this order elsewhere and holding the Sella liable fen damages. However, the Sella shall ram be liable far damages as a result of delays due to causes not Immensely foresecable which am beyond its reasonable cat and without its fault of negligence, such pass of Gad, am ofcivil or military aurh«hies, governmental pnoriria, fires, strikes, fend, ondemia, wars or Rots 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 each delay, the date of delivery shell be agooded fen the period equal to the Rene actually last by reason ofthe delay. 3. WARRANTY. The Seller ..at that ell goods, articles, materiels ad wide caved by this color will conform with applicable. drawings, specifiariov, sample aalhn other descriptions given, will be -fit fen the propagates intended and perfmmd with the highest degree of are Rod mmpance in accordance with accepted srandads fen work of a similar Rome. The Sella agrees rate hold the puselamer hmmhxs firm any loss, damage m eaK. which the Pumhaa may ref! Or incur an s cant ofthe Sellcn breach ofsvaeranty. The Sella shall replace, Repair or make good vwithat cat to the pmehim. any def«, ax. faults arising within one (1) year or within Ouch looga period of time as may be proscribed by law or by she turn of any applicabio worrnnry Pmvidd by the Sella afterthe date of acceptance of the goods finnished hammnder (meetings, ford in be umeasmably delayed), resulting from imperfect or defective weed, date or materials fmnuhd by the Sella. Acceptance or use of grads by the Purchases shall cad cofomirme a wawa ofany, claim under this wnfany. Except a othmdse provided in this purchme onda, the Seller liability hereunder shall extend to all damages proximately caned by the breach of any of the foregoing wereanties m guarantees, ben such liability shall in no evens include ass ofpmfi%or loss of rase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terms by woman change ands. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the tams, other than legal tams, including addition to at deletions (rem the q..in. mfRoully andemd in the spKificatlom or drawings, by verbd or women change Her If any such change asphalt the ammmt d««the timeafpaf men hcmmder. an equitable adjumming assail be made. 6.TERMRIATIONS. The Parch ser may at my time by warden change onda, tomdnnde this agreement as in any or all pO jang of the grads thm net shipp d, subjm to my equitable adjustment bovgan the parties ss m my walk m materiels then in progress pmaidd that de Porehaser shall cad be liable far my claims fen mtidymcA profits on the moanplad partial ofdc goods and/or wok, fen incidental or contyuenfial damages, end that no such allurement be made in favor ofthe Sella with espea many goods which ere the Sdias sundard meek No such tenrmat ion shall relicva the Purchaser or thc Sella of any oftheh obligation as to my grads delivered heremda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjuamrent must be assured within thiry (30) days from the date the change or scrmimtim is odemd. 8. COMPLIANCE WITH LAW. The Sella warrant thin all goods sold h,eunda shall have ban produced sold, delivered am famished in strict omplimum with all applicable haws and re,]at,., la which the grads are mbjem. The Seller shall ex«ute and deliver such docummes as may N required to of.' a evidence compliance. All laws end regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. no Sella agrees to indemnify am hold the Purchaser haeenless fiom all case aal damages suffered by the Parehasm as a .11 of the Seller fit. to comply will each law. 9. ASSIGNMENT. Neither party shall assign, trms£n, or amvry this orda, or any monies due or m bamme due heemnder without the prim c nnm cansmr ofthe order pmr,. 10. TITLE. The Sella wren.. full, dear and umestdcted fide to the Pumhaa fen all cquipmm, materials, all seems famished in priftemorms, of this agecmenh file and clear of any and all liens, rcsMctims, resmmiom. sccudry Ramat encumbrances and claims archers. 11. NONWAIVEa, Failure of the Purchaser an inist upon strict performance afore tram all mnditions hemp, faille or delay to exercise any rights or remcdia Provided herein or by law, fishrrt to promptly ramify the Sella in the event of a bench, the acceptance after payment fen gouda hereunder in approval ofthe design, shall not release the Seller of arty of the wemones or obligations of this pxvio se order all shall nod be deemed a waiver of any right of the Purchaser to inia upon snip performance hernfar any of its rightsa monalla as to any such grads, regardless of when shipped, received or accepted, as to any prior err subsequent default hereunder, nor shall any Imported oral modification or rescivion of this purchase under by the Purchaser opeute as a waiva of any of the reacts hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognise that in acme] economic practice, overcharges resulting trainammust violations arc in fan home by the Purchase, Thmferent,far good cause and as consideration far executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemnfla acqubed under federal of ante mtiwV laws far such overcharges relating to thc particular goods or savicen purchased or enquired by the Nachaser potsumn to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser di. the Sella m correct nmmnformmg «defective goods by a dare to k it gad upon by thc Fomhame all the Sella. ell the Sella themafla indicuTa its imbila, err unwilliagnem to comply, the Purchaser may cause the work in be performed by the macs expdiRoa means available to if and the Sella shell pay all casts asseciased with such wok. The Sella shall Merge the Pumhenf end its cmnactars of any ties from all liability end claims of any nature moulting from she performance afsuch work. This release shall apply even in the event of fault of negligence of the Parry rdcued and shall extend to the directors, M. and employees ofsuch party. The Seller's contrsemel obligations, including warranty, shell not be deemed to be reduced, in any way, because such walk is Reaffirmed or caused to be performed by the Purchaser. 14. PATENTS. Whatever the Sella is required to use any design, device, material in process averd by Imo, pmm, o-accmad, m copynghr. the Sella shall indrnudy all rave M1mmless the Purchaser from very and all claims fen infringement by reason of the use of such parental design, device, mmefal err Protests in amecno. with the anlrad, all shall indemnify the Purchaser fd my cast experes, or damage %bid it may be mligd to Pay by roman of well infnngemnt at my time during the prosccunon or all the mmpldm of the wank. in au said equipment, or any pact thereof err the Rossi use of the gaada, is in such sun hold to swmude infim, met and the use of said equipment or For is enjoined, the Sella shall, at i% own expense all at its option, eihu procure for the Purchases the eight to continue using said equipment or pacts, replace the tome with mbsnatially equal ben nminfinging equipment, or modify it to it becomes noniufnnging. 15. INSOLVENCY. If the Sella shall become insolvent or buadauph make an nssignment fen The benefit of creditors, appoint a receiver or tmtlem for any of the Sellers property or business, this order may forthwiTb be canceled by the Purehaserwithout liability. . IE GOVERNING LAW. no defnifioa aftema used m The inmmrctatian ofilm agreement and the rights ofall Topics hemmdder shall be cremated under and govemd by the laws ofthe Spite of Calmado, USA. no following Additional Coalidioa apply ably in rases when the Sella is To perform wok Reminder, including the service fMI. ReprettnutivHs), on the promises ofaThea. IL SELLERS RESPONSIBRITY. The Sella shall any m aid work at Seller's own ask until the same u holy comp]dM and isamptd, ad shal, in use of my accidm, deswdon or injury to the wah and/or mmm als before Sellers fnl completion all acceptance, complese the wod, at Stiles own expense and to the satisfaction of the Pumhasn. When materials and equipment are fimd'skid by others fm installation or emctian by the Sella, the Seller shall receive, unload Mom and handle Rome n the site and become m yamible therefor as though such materials author equipment were being figirl by the Sella under the under. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including eccupatiorml disease benefits, to its employees employed as or in cognation with the work euverd by this purchase order, am/or to theb dependents in sccardmce with the laws of the state in which the wad is to be done. The Sella shall also arty, comprehensive gmcnl liability including, ben not limited to, cmtt emal and amomabilc public liability insurance with bodily injury and death limit of at least S300,000 far my one person, S500.000 for any ago eccidmd and property damage limit per accident of Sapp,". The Seller shall likewise require his omrmcads, Harty, to provide for such mmpenntion sal inunnce. Befae any, of the Sellers a his am.. employees shall do my wad upon the pmmius mothers, the Sena shall famish the Pumhong with. m mifmm that such compertntion and maven« have been provida. Such cdificates shall sally the date whin such ampeasadm and insmom have born provided Such of ifiates shall specify the done when such compnntion and Resonance espies. The Seller Rams that such campe vamon aal inmrrence shall be maintained until sfla the entire was is menpined and aceeped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summit the entire respnibility end liability for any and all damage, lass or injury of any kind r narmm whatsoever to Amon or property caned by or resulting Roar the execution ofthe wok provided for in this purchase odes or in mmection herewith. no Sella will indemnify all hold hamrlcss the Purchaser and any d all of the purchases officm, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indircet, and whether to persons or ppan, to which the Purchaser may be OR ar subject by moon of any act, radon, region, omission a default on the per of the Sella, any of his contract., of ngy of the Sellers or co ... offcm, agrnu no employcw. In ca any suit or other proceedings shall v brougbt against the Purchaser, or its affects. agents of employees at any time on a«mm or by reason of my an, action, neglect, omission of default of the Sella of any of his emmm. ar any of its or their officers, agents or employees a sfaressid, the Sella herby francs to assume the defense thereof and to defend the same at fire Sclkaa own expenc, so pay any aal all eau, charges, momcys fees and other expenses, any aal all judgnnnn Nat may be ucuncd by or Nominal against the Prrclascr deny of its as their offs., agents of employees in Ouch min err other pmcedinga, and in as, judg , of other lien be plead arson or Obtained ageiat the lonficarryi of the Puehma, or said parties in or a a result afsuch suits tee other pence Wings, the Sella will at ono ease the same to be dissolved all discharged by giving bond or otherwise. The Sella and his contom ors shall hike ell safay pa an ions, famish and inmll all guards naatory fen the preveeion of accidents, comply with all laws sal eplations with regard to nfey including. has without limiofon, the Occuptimal Safety and Health Act of 1970 and all mla aal regulation issued pmmmt Harm, Raised 03R010