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HomeMy WebLinkAbout488920 TEXAS SCENIC COMPANY INC - PURCHASE ORDER - 9113580Fort Collins Date: 06/16/2011 PURCHASE ORDER Vendor: 488920 TEXAS SCENIC COMPANY INC 5423 JACKWOOD DR SAN ANTONIO-Texas 78238 -' PO Number Page 9113580 1of2 his number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B -- - FORT COLLINS Colorado.80521 Delivery Date: 06/16/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Extended P 1. Ordered UOM . Unit.Price Price I Supply and install stage 1 LOT LS 46,030.00 rigging and counter weight arbors for the Lincoln Center per terms and conditions of Bid #7231 with (no`alternates) and agreement dated 6-16-11 Total $46,030.00 c3. o%lj� s� 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 a 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 L COMMERCIAL DETAILS. To exemptions. By statum the City offal Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pinchaser to insist upon shim performance of the trams and conditions hereof, 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 of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS RFH!CTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, tray. be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or my of its rights or remedies as to my such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to my prim or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. herroL Final Acceptance. Receipt of the merchandise, services a equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchase recognize that in actual economic practice, overcharges resulting form antitrust 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 Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trams. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will net be accepted. ' Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers 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 duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart 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 and requircmme. Authorization. All parties to this connect agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expreuty limits acceptance to the terms and conditions stated herein set faith and my supplementary or additional terms and conditions annexed hereto a incorporated herein by reference. Any additional or diffacm terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cancer make complete shipment to arrive on your promised delivery date as noted. Time is of the esscom. Delivery and performance must be effected within the time stated an 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 of any delay, the Pumhasa shall have, in addition to other legal and equitable remedies, the option ufplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable fa damages as a result of delays due to causes an reasonably foreseeable which are beyond its reasonable control and withmn its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fres, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchases 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 fa the period equal a the time nctually lost by reason ofe delay. 3. WARRANTY. The Sella 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 core and competence in accordancewith accepted standards far work of e similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may wflor or inter on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser. my defects a faults arising within one (1) year or within such longer period of time as may be piescribed by law or by the terms of any applicable warranty provided by.the Sella after the date of acceptance of the goods famished heeunder (acceptance not to be unreasonably delayed), resulting from imperfect err defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waives of any 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 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written charge order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to Or deletions from 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 of petfommnce hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Puchasa may at any time by written change order, terminate this agreement as to any at all portions of the goods then no shipped, subject to any equitable adjusnnent between the parties as to my work or materials then in progress provided that the Purchma shall nor be liable fir any claims for anticipated profits on the uncompleted portion of the goads and/or work, fa incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to my goads which are the Sellers standard stock No such termination shall relieve the Purchaser or the Sella ofany 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 Sella 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 are subject. The Sella shall execute and deliver such documents as may be required to effect a evidence compliance. All laws and regulations required to be incorporated in agreements of this character are bereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Panama 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 armies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, ftee and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. acquired under federal or state antitrust laps for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming Or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed,by the_most expeditious. means available. to it, and the Sella shall pay all costs mawiared with such work. 1- ' The Sclla shall release the Puchasm and its contractors of any tier form all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. - Whenever the Sella is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Sella 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 contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsucn infringement at arty time during the prosecution or after the completion of the work. In case said equipment 'or any part thereof or the intended use of the goods, is in such wit held to consume infringement and the use of said equipment or part is enjoined, the Sella shell, at it awn expense and at its option, either procure for the Purchaser the right m continue using said equipment or parts, replace the same with substantially equal bra noninfringing equipment, or modify it so it becomes nminfringing. 15. INSOLVENCY. If the Sella shall become insolvent a 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 Purchasa without liability. 16. GOVERNING LAW. The definitions of terra used or the intapretation of the airament and the rights ofall parties hereunder shall be construed under and governed by the laws of the State ofColoiado, USA. -. The following Additional Conditions apply only in cases where the Sella is to perform work berander, including the services of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry mi said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident destmeton 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 Purchase. When materials and equipment arc furnished by others for installation or oration by the Sella, 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 Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on a 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 Sella shall also carry comprehensive general liability including, bra not limited to, cmtmmual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,00 t for any one accident and property damage limit per accident of S400,000, The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his commaors employees shall do any work upon the premises of others, the Sella shall furnish the Purchases with a certificate that such compensation and insurance have bete provided. Such certificates shall specify the date when such compensation and insurance have been provided Such cmifiwtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility, and liability for any end all damage, log or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and bold harmless the Purchaser and any or ell 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 Sella, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by moon of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m 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 a employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such wits or other proceedings, the Sella will at ome cause the same to be disselved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety, precautions, famish 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 Am of 1970 and all mles and regulations issued pursuant thereto. Revised 0312010