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HomeMy WebLinkAbout113275 ALLER-LINGLE - PURCHASE ORDER - 9120842PURCHASE ORDER PO Number Page City Of 9120842 1 of 2 ' `t Collinshis number must appear " 1 1�7 on all invoices, packing slips and labels. Date: 02/08/2012 Vendor: 113275 Ship To: OPERATIONS SERVICES ALLER-LINGLE MASSEY ARCHITECTS CITY OF FORT COLLINS 712 WHALERS WAY BLDG B SUITE 100 300 Laporte Avenue FORT COLLINS Colorado 80525 Building B FORT COLLINS Colorado 80521 Delivery Date: 02/08/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price EPIC - Front Counter Design 1 LOT LS 5,800.00 To provide design and estimating services per signed Work Order A1-16-2008 and Proposal dated 2/6/2012. 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 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. 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 84-60005R7 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colonda Revised Statutes 1973. Chapter?9-^_b, 114 (a). Goods Rejected. GOODS REJECTED due to failure to melt specs fiextions, cubes when shipped Or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written insm¢tions from the City Of Fan Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Paachascr to insist upon strict perfxtrumcc of the tans and conditions hereof. fai hire Or delay to exercise any rights Or rcmedics provided herein or by but, 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 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 .NO strict performance hereof or any of its rights or mated ics as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purponed and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acecpmncc. Receipt of the memhandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF A N'f[TRUST CLAI MS. 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proselums. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller herchy assigns to the Purchaser any and all claims it may now have or heren Oct Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othem ixe specified on this order. If permission is given to prepay freight and charge sepam,ely, the original freight pnlchapcd or acquired b)'the Pambiscr pursuant t0 this purchase oral R. 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 dimcls the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Parchzscr and the Seller, and the Seller Ihereafer indicates its inability or unwillingness to comply, the Purchnscr shipments me made fern greater distance. may cause the wark to be performed by the most exPeditim"'Cars available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary Permits, ecrtifieales and licenses required by all applicable laws, regulations ordinances and pale: 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 Fort Collins harmless frtmm and against all liability and loss incurred by them by reason of an metered or established violation of any such laws. regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona Ede sad possess PoII and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order cxpmssly limits acceptance to the Icons and conditions .stated herein sct forth and any supplementary or additional terms sad conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpoaed 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 promised delivery date rs noted. Time is ofthe essence. bclivery 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 ofpnnial 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 rcmedics, the option nfplacing this order elscw'hcrc 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 are beyond its reasonable control and withmn its fault of negligence, such acts of Gad. acts ofcivil or military authorities, governmental printhics, fires, strikes, food, cpidemlcs, wars or riots Provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of the time when the Seller firs, received knowledge thereof. In the event ofany 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 gads, 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 cam and competence in accordance with accepted standards 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 of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within ace (I) year or within such longer period of time as may be prescribed by law or by the moms array applicable warranty provided by the Scllcr nficr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gmds by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the bmaeh ofany of the foregoing wamatics or guarantees, but such liability shall in no even, include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CIIANGES IN LEGAL TERMS. The Purchnscr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchnscr may make any changes to the tans, other than legal terms, including addirians to at delctiarn faun the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amomt due or the time of performance hercrader, an equitable adjustment shall he made. h. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goods then nut shipped, subject to any equitable adjustment between the panics as to any work or materials then in parguess Provided that the Purchaser shall not be liable for any claims for anticipated profits 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 Seiler with respect to any goods which arc the Sellers standard stuck. No such termination shall relieve the Purchaser or the Scllcr ofany of their obligations as to any gratis delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (10) days farm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heeunder shall have becn produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads 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 be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmdess from all costs and damages suffered by the Purchnscr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr warmnts full, clear and unrestricted title to the Purchnscr for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. MSrvnlinnS, security interest cacumbmnees and claims of others. The Seller shall release the Pamhnsar and its contractors of any net from all liability and claims of any nature resulting from the performance ofsoch wark. This release shall apply even in the event of fault of negligence of the party rdcased and shall extend to the directors, officers and cmplayces ofsoch puny. The Seller's contractual obligations, including wamnty, shall not be deemed to be reducnL in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to am any design, device, material or process covered by letter. potent, trademark or copyright, the Scllcr shall indemnify and save harmlcss the Purchaser fmm any and all claims for infringement by reason of the use of Bach patented design, device, numeral or preress in connection with the contract, tad shall indemnify the Purchaser for nny cost, expense or damage which it may be obliged to pay by reason ofsoch infringement at any time during the prosecution or after the completion of the work. In case said equipment at any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjni err. the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfriaging cgaipment 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 tpastec for any of the Sellers property or business, this order may forthwith be cnnccled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions fterms used ar the imcBrremtion ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of COlondo. USA. The following Additional Conditions apply only in cases whac the Seller is to perform work hereunder. including the services of Selcrs Repacsentntivc(s), on the premises of Others. 17_ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Scller .shall receive natural. store and handle same at the .site and become mSponsible therefor as though such materials and/err equipment were being furnished by the Seiler under the order. I R. INSURANCE. The Seller shall, at his no expense, provide fur the payment of workers conmpcnmtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to Ihcir dependents in aeeodnncc with the Inws of the state in which the work is to he done. The Seller shall also carry eemprehcnsivc general liahility including. but not limited to, contractual and aummobite public liability insurance with brslily injury and death limits afar least S300.000 for any one person. S500,000 for any one accident and propcny damage limit per accident Of S400,000. The Seller skull lilv,wisc require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises ofahers, the Seiler shalt famish the Pumhascr with a ccnificatc 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 Seller agrees that such compensation and insurance .shall be maintained until ancr 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 injury ofany kind or nature ,hat oc,e, to persons or proper caused by or resulting from the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pumhascr and any or all of the Purchasers affects, agent and employees fmm and against any and all claims, tosses, damages, charges or expenses, whether direct or indireel, and whether to persons or propeny ,o which the Purchaser may be put or subject by reason ofany net. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or Inv of the Sellers or enntmetors officers, agents or employees. In case any snit at other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act union, neglect omission or default of the Seller ofany Of his contmctOrs 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 Sellers 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 suits or other proceedings, and in case judgment or other lien be placed upon or obtained rgainst the property of the Purchnscr, or said parties in or as a result of such suits or other Proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond orothem ise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessity for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all ni cs and regulations issued pursuant thereto. Revised 0312010