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HomeMy WebLinkAbout297788 MARK S LEICHLITER - PURCHASE ORDER - 9121842 (2)PURCHASE ORDER PO Number Page City Of 9121842 1 of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/16/2012 Vendor: 297788 Ship To: LINCOLN CENTER MARK S LEICHLITER CITY OF FORT COLLINS 1808 ORCHARD PLACE 417 W MAGNOLIA FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80521 Delivery Date: 03/28/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order No. 1 1 LOT EA 500.00 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 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 sI.Wtc the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98.0W502. Federal Excise Tax Exemption Certificate of Registry 94-M00597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure, or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by lax.,, failure to promptly notify the Seller in the event of a breach, the acceptance for payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of anv of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damaec in transit, may be returned to year for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any 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 anv pugmned ml modification or rescission of this purchase order be the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on correct. ect. hereof. Final Acceptance. Receipt of the merchandise..sem'iecs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic Practice. neerchnrge., exciting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby anions to the Purchaser any and all claims it may now have or hercater Freight Teats. Shipments must he F.O.E., City of Fort Collins, 700 Wood St, Fan Collins, CO 90522. unless acquired under federal or state antivust 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 scpan cly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill most accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing Points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made firm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such, ark. Permits Seller shall procure at sellers sole cost all necessary perdu,, ectifncates and licenses required by all applicable laws, regulations, ordinances and rules of the .pate. 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 ec,olm Seller futhcr agrees to hold the City of Fort Collins harmless 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. Authorization. All panics to this concoct agree that the representatives are. in Met. bona fide and posses full and complete audience to bind said panics. LIMITATION OF TERMS. This Purchase Order exprec y limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchasc order and the documents attached herem. No acts of the Purchasers including. without limitation, acceptance ofpaninl late deliveries, shall operate as a wniver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option nfplacing this order elsewhere and holding the Seller liable for damages. Ilosscweq 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 within its fault of negligence, such acts of Gad. acts of civil or military authorities. governmental priorities. Fm,. strikes Bond, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fee (5) days of the time when the Seller first received knowledge thereof In the event of any .such delay, the date of dclivcry shall he extended for the period equal to the time actually lost by reason ofthe delay. a. WARRANTY. The Seller wnBri that all Farads. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit 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 Seller agrees to hold the purchaser harmless firm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer perind of time as may be prescribed by law or by the terms of any applicable wamnty, provided by the Seller nftcr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably dclaycdt. resulting front imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximamly caused by the broach of any of the foregoing warranties or guamntces, but ,such liability shall in no event include Inss nfpmfits or loss ofuse. NO IMPLIED WARRANTY 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 COTIMERCIAI. TERMS. The Purchaser may make any changes to the terms. other than legal term. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change under. If any such change affects the amount due or the time nfperfnrmanec hereunder. an equitable adjustment shall he made. b. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all potions of the goods then ant shipped. subject to any equitable adjustment bctsscen the panics as to any work or materials then in progress provided that the Purchaser shall not he 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 of the Seller with respect to any gob which tare the Sellers mndnrd stock. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aseted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wwmnts that all goods sold hereunder shall have been produced, wld, delivered and furnished 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 in 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 fmm all costs and damages suffered by the Purchaser as a result of the Scllers failure to comply with .such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to became due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser farall equipment, materials. and items furnished in Performance of this agreement. free and clear of any and all liens, restriction, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser sad its enntractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the went of fault of negligence of the par, released and shall extend to the directors, officers and employees ofsuch party_ The Sellers contractual obligations, including pommy. shall not be devoted to be reduced, in any way, because such work is performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or ponces covered by knee Patent, trademark ear copyright, the Seller shall indenmify and cave harmless the Purchaser from 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, expense ordamage which it maybe obliged to pay by reason ofsuch infringement at 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 but uoninfringing equipment ear modify it sea it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrr make an assignment for the benefit of ercnituus, appoint o receiver or novice for any of the Sellers property or business, this order may f nbyilh be canceled by the Purchaser within liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agrecrnent and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition., apply only in cases where the Seller is to perform work Imcrcundcr, including the services ofSellers Rcprcscmmive(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller'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 mntcrials before Seller's final completion and acceptance, comp IcIc Inc work at Se Ier's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Scllcq the Scllcr shall receive, unlnnd. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. I R. INSURANCE. The Seller shall, 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 of the .state in which the work is to he done. The Seller shall also cam comprehensive general liability including, but not limited to. contractual and automobile public liability insurance .with bodily injury and death limits of at least 5300.000 for any one pawn. S500.ano for any one accident and proper damage limit per accident of S400.000. The Seller shall likewise require his ennmclors, if anv, to Prvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work until the premises of others, the Seller shall famish 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 eenificmes shall specify, the date when such ennmpensatinn 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 Seller hcrchy assume, the entire responsibility and liahiliev for any and all damage, loss or injury apace kind or nature whatsoever to persons or pmperty caused by or resulting Firm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers. agents and employees floor and against any and all claims, losses. damages, charges or expenses. whether direct or indirect, and .whether to pm, tars of pmpeny to which the Purchaser care be put or subject by reason of any act, action. neglect omission or default on the pan of the Scllcr, any of his contractors, or anv of the Sellers or comments nrs 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 ear any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the lime at the Scllers own expense, to pay any and all cost, charges, attorneys fees and other expemscs, 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 against the proper of the Purchaser, or said panics in or as a result of such suits or other pmccedinga, the Setter will at once cause the same to be disol%ed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. fumish and install all guards 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 mles and regulations issued pursuant thereto. Revised 0312010