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HomeMy WebLinkAbout499806 NATIONAL SCULPTOR'S GUILD @ COLUMBINE GALLE - PURCHASE ORDER - 9121816City of /,.F,.Vo Collins Date: 03/28/2012 PURCHASE ORDER Vendor: 499806 Ship To: NATIONAL SCULPTOR'S GUILD @ COLUMBINE GALLERY 2683 N TAFT AVE LOVELAND Colorado 80538 PO Number Page 9121816 1of2 This number must appear on all invoices, packing slips and labels. PUBLIC LIBRARY 201 PETERSON ST FORT COLLINS Cdl 80524-2 Delivery Date: 03/27/2012 / Buyer: DAVID CAREY Note: / Line Description /Quantity UOM Unit Price Extended Ordered Price Sculptors Art work / 1 LOT LS 33,275.00 C3. Oile:-aQ �L 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 $33,275.00 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. Tas exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Numbcr is 11. NOMVAIVER. 98-04562. Federal Excise Tax Exemption Certificate of Rejistry 84-60005S7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions here.(, failure Or delay to Internal Re%came, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39--26. 1141.). exercise any rights or remedies provided herein or by law, failure to pmmplly 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 Scllcr of Goals Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the w'artanties or obligations of this purchase order and shall not he deemed a waiver of any right Of the damage in transit, may be recurred to you far credit and arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereoformy of its rights or remedies as to any such goods, regardless instructions from the City Of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpnmd .col 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 mrival, hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12.ASSIGNMEN1 OFANTITRUSTCLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be undersmod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pnmcedams, violations are in fact borne by the Purchaser. Theretofore, for goal cause and as consideration for executing this purchase enter. the Seiler hereby assigns to the Purchaser any and all claims it may navy have or hermOcr Freight Tears. Shipments must be F.O.R.. City of Fort Collins, 700 Worst St.. Fort Collins. CO 80522. unless acquired under fcdeml or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permis ion is given to prepay freight and charge separately, the original freight purchased caricatured 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 manuGccurcm have distributing points in various parts of the country, shipment is If the Purchaser dircets the Seller to carted nonconforming or defective goods by a date to he agreed upon by the expected fmm the natrest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Scllcr shall pay all costs asocinted with such work. Permits. Seller shall immure, at sellers sole cost all necessay 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 rcndc,. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of no asserted or established violation of any such laws, regulations, onlinanca, talcs and mquircowam Authorization. All panics to this contract agree that the representatives are in fact, bona fide and possess fall .,,it complete .ummity to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms anti conditions stated hcrcin set Pooh and any supplementary or additional jams and conditions annexed hereto or incorporated herein by reference. Any additional ordiffcrcnt terns and conditions proposed by seller arc 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 noted. Time is of the essence. Delivery and performance must be effected within the time stated no 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 anivcr of this prevision. In the event of anv delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clscwhcre and holding the Seiler 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 without its fault ofnegligence, such act, office]. acts of civil or military authorities, gmco m idol priorities, ricer, strikes, Mond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr 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 ofthc delay. 3. WARRANTY. The Seller warrants that all gamds. articles, materials and work covered by this order will conform with applicable dmaviags, specifications, samples and/or other daxeriptians given, swill be fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standards for work of a ,imilxr nature. The Seiler 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 Seller shall replace, repair or make good, without cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the teen. affray applicable warranty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fwmishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofaay claim under this warn my. Except as othcno is, pmvidcd in this purchase order. the Sellers liability hereunder shall extend to all damages proximately cmrscd by the breach of any of the foregoing aannom cs or guarantees. but such liability shall in no event include lac .f profits Or I., Of use. NO IMPLIED WARRAND Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terms, including additions to or deldions fram the quantities originally ordered in the specifications or drawings, by verbal to written change Order. If any .such change affects the amount due or the time of perfomnnce 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 pinions of the goods then not shipped, subject to any equitable adjustment between the panics as to any stork or materials then in pmgmss provided that the Purchaser shall not be liable for any claims for anticipated profits On the uncompleted portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment he made in favor of the SCRCr with respect In any galls which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered heramda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller 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 good 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 hcrcin by this reference The Seller agrees to indemnify and hold the Purchaser hmmless forma all costs and damages sit ffcred by the Purchaser fs a result of the Sellers Fri lure to comply with such law. 9. ASSIGNMENT. Ncitha parry, shall align, transfer, or convey this order, or any monies dec or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants fell, cle.racal unrestricted title to the Purchaser far all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens restrictions. reservations. security interest encumbrances and claims ofothcn. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of anv nature resulting from the perfrance ofstmh work. This release shall apply even in the event of fault of negligence of the parrreleased and shall extend to the directors. oI icce and employees of such party. The Seller's eantrncm.l obligations, including wammty, shall not be deemed to be reduced, in any way. because smmh work is performed or cmrscd 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, 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 such patented design, device, material or process in commClian with the contract. and ,hall indemnify it,, Pumhascr Tr any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution atelier 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 proeurc for the Purchaser the right to continue using said equipment or pans, mpinee the same with substantially equal but noninfringing equipment, ar 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 trustee for any of the Sellers pmpeny or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmu used or the interpretation oftlm agrccmcnt rand the rights ofell panics hereunder shall be constmed under and governed by the laws ofthc State ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcptescnmtive(s), on the incises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and ,hall, in case of any accident, dcwtmction or injury to the work and/or maerials 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 arc famished by others for installation or erection by the Scllcr, the Seller shall receive. unload. store and handle same .1 the site and become responsiblc therefor is though such materials and/or equipment were being Famished by the Seller under the order. 18. INSURANCE The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease benerits, to its employees employed on or in connection with the work covered by this purchase order. andlor 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 rat limited to, contractual and automobile public liability insurance with bodily injury and death limit, afro kart 5300,000 for any are peon, S500,000 far any one accident and property damage limit per accident of S400,006. The Seller shall likewise 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 efmhcm, the Sciter shall famish the Pnrthaser.vith a eertifcme that such compens'tion and insurance have been provided. Such ccnjOcams shall specify the date when such compensation and insurance her been provided. Such certificates shall specify the date when such compensation and insunnec expires. The Seller agrees that such conficamtion and insurance shall he nraint'rined until of er 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 affray kind nr nature whatsoever to persons or properry caused by orcestdting fmm the execution ofthe work provided for in this purchase order or inconnection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchaser, olfcem, agents and employees (roam and against any and all claims, lasses, damages, charges or expenses, Whether direct or indirect. anti whether to person, Or prop" to which the Purchaser may be put or able,, by reason Of any net, action, neglect omission or default on the part of the Seller, a y of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings 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 offices, agents or employees as aforesaid, the Seller hereby agrees to assume the defense fl crcef and to defend the tame at the Scllcr, own expense, to pay any and all coats, charges, mtomcys fees and other expenses. ,any and all judgments that may be inmtrrcd by or obtained against the Purchaser or any of its or their officers. .agent, or employees in such .suits or other proceedings, and in case judgment or other lien be placed upon Or obtained against the properry of the Purchaser. or said parties in or as a result .'such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The SCllcr and his contmctnrs shall take all safety precautions, famish and install all guards ncocrsnry for the prcvcntinn of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and lleolth Act of 1970 and ill rules and regulations issued pursuant thereto. Revised 03/2010