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HomeMy WebLinkAbout353311 CHEVO STUDIOS - PURCHASE ORDER - 9117663City of F,.6rt Collins PURCHASE ORDER PO Number Page 9117663 1o12 This number must appear on all invoices, packing slips and labels. Date: 02/24/2012 Vendor: 353311 Ship To: LINCOLN CENTER CHEVO STUDIOS CITY OF FORT COLLINS C/O ANDREW DUFFORD 417 W MAGNOLIA 4441 W 30TH AVE FORT COLLINS Colorado 80521 DENVER Colorado 80212 Delivery Date: 12/29/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price APP Water Quality Boxes 1 LOT LS 36,114.00 Total $36,114.00 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 Teens and Conditions Page 2 of 2 I. COMMERCIAL. DETAILS. Tax exemptions. By standc the City of Fort Collins is exempt fmm static and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof fnilnrc or delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1073. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event turn breach, the acceptance eforpayment for goods hermmder or approval ofthe design, ball not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of airy right of the damage in transit. may be returned to you for credit and am not to be replaced except open receipt of written purchaser to insist upon .strict performance hcrcofor any ofits rights or remedies as to anv such goods. regardless instructions from the Citv of Fm Collins, of when shipped, received or necented. as to any prior or subsequent default hereunder, nor shall any pugmned red modification or rescission of This purchase order by the Purchaser nNuate ns a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 pan of the City of End 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 ofoll applicable required inspection procedures, viulafoas arc in fact horse by the Purchaser. Theretofore, for good cause and as consideration for cxemning this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have of hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins. 700 Word St, Fort Collins. CO 80522, unless acquired under federal or state antitrst laws for such overcharges relating to the particular goods or services othctwise 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 he accepted. Shipment Distance. Where mannfncturcrs have distributing points in various pans of the country, shipment is expected from the nmrest distribution point to destination. and excess freight will be deducted from Invoice when shipments arc made front greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, unificams and licenses required by all applicable Lars, regulations. ordinances and rates of The state, municipality, territory or political subdivision where the work is performed, or required be any other duly constituted public authority having jurisdiction over the work of vcrdor. Seller further agrees to hold the City of Erin Collins hamlet from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances rates and requirements. Authorization. All panics to this contract agree that the representatives are, in (fact. bona ride and possess full and complete authority to bind said parties, LIMITATION OF TERMS. This Pu¢hase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions propnsed by seller are nhjectcsl mood hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if your 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 Inge deliveries shall menaces a waiver of This provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Scllcr liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not rcfasenably foresce able which am beyond its reasonable control and without its fault ofnegligencc. such acts of God, acts curried or military authorities, governmental priorities fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pnrchascr 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 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 tit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any Imss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair of make grad without cost to the purchaser. anv defects or faults arising within one (I) year or within such longer period of time as may be prescribed by lawor by the terms of any applicable wamnty pmvided by the Seller after the data of acceptance of the 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 ,arm ray. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimatcly caked by the hmueh of any of the foregoing womntics 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes In kcal term by written change order. 5. CHANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tans, other than legal toms, including additions to or deletions front the quantities originally ordcrcd in the specifications or draw ings, by verbal or written change order. If any such change affects the amount due or the time offie fomance herounder, an equitable adjustment shall be made. fi. TERMINATIONS. The Part may at any time by written change order. mrntinnle this agreement as to any or all portions of the goods then not shipped. subject to ony equitable adjustment bemxcn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pritirs on the uncompleted portion of the goods amVor work. for incidental or consequential damages, and that no such adjustment be made in favor tribe Seller with respect to any good which are the Scllcrs standard stock, No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any Fond delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goad 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Form all costs and damages suffered by the Purchaser 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 monies due or to become due hereunder without the prior written consent of chic other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in perfmmrance of this agreement, free and clear of any and all liens, rcatrletion . msenations, security interest encumbrances and claims Literates. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pnrchascr and the Scllcr, and the Seller thereafter indicates its inability orunwillingress to comply, the Purchaser may cause the work to be perfomcd by the moss expeditious means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any licr fmm all liability and claims of any nature resulting from the performance ofsueh work. This mleuc shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, off ctis and employees of such party. The Seller's commadanl obligations, including svamnty, .shall nor be dimmed to be mclacerl, 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 letter, patent trndemark or copyright. the Seller 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 pmeec in connection with the contract, and shall indemnify the Pnrchascr for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In ease said equipment. or any part 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 part, replace the same with substantially equal but noninfringing cquipmcnt, or finality, it so it becomes noninhinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankorpl, make ern assignment for the benefit of ereduors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnrchascr without liability. . 16. GOVERNING LAW. The dcfinitionv nficrms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constnmd under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder. including the services of Scllcrs Represcnmtivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry no said work at Seller's own risk until the same is fully complctcd and uttered. and shall, in ease crony accident, destruction or injury to the work and/or materials before Seller's final tonopletion and acceptance, complete the work at Seller" own expense and to the satisfaction ofthe Paehascr. When materials and equipment arc famished by others for installation or rectum by the Seller. the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials and/or cquipmcnt were being furnished by the Seller under the order, IR. INSURANCE. The Seller shall, at his own expense. provide for the payment ofworkerz 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 of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including. had not limited to, contractor] mod nommobile public liability insurance with bodily injury and drnth limits of at least S306.000 for any one person, 5500.000 for any from accident and property damage limit per accident of S400.000. The Seller shall likewise acquire his cnntmcmrs, if any, m provide for such compensation and insurance. Bering any of the Sellers or his contractors employees shall do any work open the prcmiscs of olhers, the Seller shall furnish the Purchnscr with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the date when ,such compensation and insurance have been provided. Stich enifte:nes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afer chic cntirc work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby nssumcs the cntirc responsibility and liability for anv and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting finer the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlet the Purchaser and any or all of the Purchasers of ccirs. agents and employees from and against any and ell claims losses. damages, charges or cxpcnscs. whether direct or indirect and uhedhcr to persons or property, to which the Purchaser mnv he put or subject by reason of nay act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In mac any suit err other perccedings shall be hmught against the purchaser, or its officers. agents of employees at any time on account or by reason ofany act. action, neglect, omission or default of the Seller of any of his contmctnrs or anv of its or Ihcir officers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and In defend the same at the Scllcrs own expense, to pay any and all costs, charges, attomcps fees and other cxpcnscs, any and all judgments that may be immured by or obtained against the Purchaser or any of its or their effects. agents or employees in such suits or other pmcccdings. and in case judgment or other lien be placed upon or obtained against the prepem 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 dissolrcd and discharged by giving bond or othcmuc. The Seller and his contractors shall mkt all safety precautions, furnish and install all gamds necessary for the prevention of accidents, comply with oll lasers and regulations with regard to safely including, but willmot Iimimtion, the Occupational Safety and Health Act of 1970 and all roles and regulations issued Pursuant thereto. Revised 01/2010