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HomeMy WebLinkAbout113275 ALLER-LINGLE-MASSEY ARCHITECTS - PURCHASE ORDER - 9116412Fort Collins PURCHASE ORDER PO Number Page 9116412 1of2 This number must appear on all invoices, packing slips and labels. Date: 10/28/2011 Vendor: 113275 Ship To: PARK MAINTENANCE ALLER-LINGLE MASSEY ARCHITECTS CITY OF FORT COLLINS 712 WHALERS WAY BLDG B SUITE 100 413 S BRYAN FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 10/27/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Arch/Eng services WO#P11-32 1 LOT LS 22,900.00 Rolland Moore playground RR Total $22,900.00 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 Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internet Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spmi fications, either when shipped or duc to dcfccts of damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City in"Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfxonancc ofthe Iemts and conditions hencei failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herenforany of its rights or remedies as to anv such goods, regardless Of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnned oral modification or remission Of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the mcmhandia. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. fathomed payment on the pan of the City of Fact Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting boom antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedums. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and NI claims it may now have or hereafter Freight Terns. Shipments most be F.O.B., City of Fan Collins, 700 Wood St.. Fort Collins, CO R0522, unless acquired under federal or sate 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 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 pans of the country, shipment is Ifthc Purchaserdirects the Seller to comcct nonconforming or defective goods by a date robe agreed upon by the expected from the merest distribution point to destination, and excess freight will be deducted fmm Invoice when Pumhascr and the Seller, and the Seller thcreafer indicates its inability orunwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perforated by the most expeditious means available to it and the Seller xhnll pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits. certificates and licenses required by all applicable Inns, regulations, ordinances and mlcs 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 ad ecs to hold the City of Fort Collins hamdcss fmm 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 requirements. Author mtian. All panics to this contact agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temw and conditions stated herein set fond and any supplementary or additional terms and conditions annexed herein or incorynmted herein by reference. Any additional or differem terms and conditions pmpnsed 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 premised delivery date as noted. Time is ofthe 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 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. Howcvcm 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 acts of God, acts ofeivil Or military authorities, governmental priorities, fires, strikes. Bond, 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 ofthe delay. 3. WARRANTY. The Seller w'mrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/err other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvided 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 ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Pumhascr 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 fmm the quantities originally ordcmd in the specifications or drawings, by verbal or written change oMe,. If any such change affects the amount due or the time ofperfamanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted ponion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good 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 thirry (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and Pomished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdcss form all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer. or convey this order, or any monies duc or to become duc hcrnmdet without the prior written consent ofthe other parry. 10. TITLE. The Seller warmms full, clear and arms ancoad title to the Purchaser 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 ofsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, difed and employees ofsuch party. The Sclices contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work 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 lencr, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser fmm 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, expert a or damage which it may be obliged to pay by maxon of such infringement at any time during the prosecution or infer 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 pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right In 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 as. iEmment for the benefit of creditors, appoint a rceciver or tmsice for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemis used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmcd under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprcsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Sc11er's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction 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 Seiler 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 order. 18. INSURANCE. The Scllcr shall, at his awn expense, provide for the payment of workers compensation, including occupational disease bcncOts, to its employees employed on or in connection with the work covered by this purchase ostler. 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 carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with hardily injury and death limit of at least S360.000 for any one person. S500,000 for any one accident and pmpdty damage limit per accident Of S400,000. The Seller shall likewise require his contractors, if any. to pmvidc for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises ofothers, the Seller shall furnish the Pami with a certificate that such compensation and insurance have been pmvided. Such cenificates shall specify the date when such compensation and iasunucc have been provided. Such cenificates shull 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 Seiler hereby assumes the entire responsibility aad liability for any and all damage, loss or injury ofany kind or namrc 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 Seiler will indemnify and hold hamdcss the Purchaser and any or all of the Purchasers affects, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether disco 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 cantmcmrs oRecrs, agents or employees. In case any suit at other pmccedings 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 of his contractors or any of its or their oRcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that nay be incurred by or obtained against the Purchaser or any of its or their olfieds. agents or 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 panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard 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 1970 and all rates and regulations issued pursuant thereto. Revised 0312010