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HomeMy WebLinkAbout496591 ERICK JOHNSON - PURCHASE ORDER - 9117664PURCHASE ORDER PO Number Page City of 9117664 1 of s ' `t Collinshis number must appear 1 1on all invoices, packing slips and labels. Date: 12/29/2011 Vendor: 496591 Ship To: LINCOLN CENTER ERICK JOHNSON CITY OF FORT COLLINS 549 LINDEN VIEW DR 417 W MAGNOLIA FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 12/29/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP DESIGN CONTRACT 1 LOT LS 2,000.00 STALEY PARK Total $2,000.00 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.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt frown state and local tames. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Cenifieane of Registry 84-6000557 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions fmm the City MFort Collins. Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist open .strict performance of the terms and conditions hereof. 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 good hereunder or approval ofthe 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 pafermancc hercofor any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hcrcundcr, nor shall any purported oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms hereof. 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 pin of the City of Four Collins. However, it is to he understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore. for good emcee and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Tom Collins. 700 Wood St.. Fan Collins, CO 80522. unles.s acquired under federal or state antitrust Imes for such overcharges refining to the particular good or services otherw'isc specified on this order. If pcmnimios is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase order. bill most accompany invoice. Additional charges for picking 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 If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability oruawillingness to comply. the Purchaser shipmentsme, made fmm greater distance. mxv cause the work to be 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 sellers sole cost all necessary permits, certificates and license required by all applicable laws, regulations. ordinances and roles 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 is of vendor. Seller further agrees to hold the City of Fort Collins harmles fmm and against all liability and Inc incurred by them by reason of an asserted or established violation of any such laws, regulations, and imaces, talcs and requirements. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and possess fill] and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery, date as rated. Time is ofthe essence Deliveryand Performance must he effecmd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial Ime deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition 10 other legal and equitable remedies, the option ofpincing 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 am beyond its reasonable control and without its fault afacgligenec, .such acts of Grind, acts of civil or military amhoritics, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof In the event of any such delay, the date of deliveryshall be extended for the period equal to the time actually lost by mason ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will coufarm with applicable drawings, specifications. samples anther other descriptions given, will be fit for the purposes intended, and permuted with the highest degree of care and competence in accordance with accepted standards for work of i similar nature. The Seller agrees to hold the purchaser harmless From any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers; breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may he prewribed by law or by the terms fany applicable want nry provided by the Scllcr ater the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver ofany claim under this warranty. Except as olherwise 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 ofpmlits 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 change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal term, including additions to or deletions Tom 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 ofperformxnce hereunder, an equitable adjustment shall be made. b. 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 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 no such adjustment be made in favor ofthe Seller with respect to any gads which arc the Scllcrs sindzN stock. No such termination shall relieve the Purchaser ar the Seller of any olden, obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamntx that all goods sold hereunder shall have been produced, cold. delivered and furnished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required ro be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firma all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry 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 wamnts full, clear and unrestricted 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 fmm all liability and claims of any nature resulting fmm 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 ofsech party. The Seller's contractual obligations, including warranty, shall not he deemed to be reducal. in any wiy, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use env 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 sinch 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 of 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 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 bill noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become 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 he canceled by the Purchaser withmn liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights off][ parties hereunder shall be consumed trader and governed by the laws fthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rcprescnmtivc(s), on the premises ofothm. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in sass of any accident, destruction or injury, to the work and/or materials before Scllcis final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchnscr. When milerials nod equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though .such miterials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shill, at his own expense, provide for the payment of workers compensation, including occupational disease 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 ofthe .state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractor] and atrtoa le public liability insurance with bodily injury and death limits of it 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. Tarty, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiers ofothen, the Seller shall furnish 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 provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until liter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller ha"by actrm"s the "mire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or perpctry caused by or resulting front the execution ofthe work provided for in this purchase mderm in connection herewith. The Seller will indemnify and hold hammles the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, loses, damnga, 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 pan of the Seller, any of his contmdors, or any of the Sellers or contractors officers. agents or employees. In clew any suit or other prorcedings shall be brought against the Purchaser, or its officers, agents or employecs at any time on account or by reason of any act, action, neglect omission or default ofthe Seller of any of his contractors or any of its or their nRce.. 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. attomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcem. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suit or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond ofotherwise. The Seller and his contractors shall take all safety prttiutions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation. the Occupational Saf"ry and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 032010