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HomeMy WebLinkAbout404522 MID-OCEAN STUDIO INC (BROWER HATCHER) - PURCHASE ORDER - 9122884City of �,.Fort Collins Date: 05/18/2012 Vendor: 404522 PURCHASE ORDER MID -OCEAN STUDIO INC BROWER HATCHER 27 SIMS AVE PROVIDENCE Rhode Island 02909 PO Number Page 9122884 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 05/18/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Repair Brower Hatcher sculptur per scope of work C3. O✓le.-�sL� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1 LOT LS Tota I Invoice Address: 4,583.00 583.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIALDETAI1S. Tax exemptions. By statute the City of Fort Collins is exempt from .state and local taxes. Our Excmplinn Number is 11, NONWAIVE,R. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict perfmance of the terms and conditions here.[ Failure or delay to Internal Revenue. Denver, Colorado (Ref. Colombo Revised Slatmcs 1977. Chapter 19-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the aecepmnce of or payment for good hereunderm approval of the design, shall not re lcave the Scllcr of Goods Rejected, GOODS REJECTED due to failure to ram specifications. either when shipped or dnc m defects of any of the warrandes or obligations of this purchase order and shall not be deemed a waiver of any right .f the damage in transit may be mounted to you for credit and are not to be replaced except upon receipt of written purchaser in insist upon strict performance hereof orany of its rights or remedies as to any such goods. regardless inspection, from the Cit_v of F.rs Collins of when shipped, received or accepted, us to any prior err subsequent default herearider, nor shill any purported oral modification or rescission of this purchase order by'the Purchaser opcmte as a waiver ofany ofthc tcmts Inspection GOODS arc subject to the Citv effort Collins inspection ern arrival, hereof. Final .Acceptance. Receipt of the merchandise. services or equipment in resp.nse in this .rder can result in 12. ASSIGNMENT OF ANl'ITRIIST CLAIMS. authorized payment on the part of the City of Fon Collins However. it is to be understood that FINAL Seller and the Purchaser recognize thal in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent neon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration far executing this purchase mder, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.D., City of Fan Collins, 700 Wood St.. Fort Collins, CO R0522, unless acquired under federal or state antitrust lams for such overcharges relating to the paniedmr goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase order, bill must accompany invoice Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where no nip cturem have distributing point in wmims, is of the country, ship mncnt is The Purchaser directs the Scllcr In correct noneonf raring Or defective goods by a date to be agived upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller Ihcrcnfer indicates its inability or unwillingness to comply. the Purchaser shipments.mc made from greater distance. may cause she work to be perfrncd by the most expeditimrs means awuilable to it •and the Seller shall pay all costs assoclamd with such work. Permits. Seller shall Procure at sellers sole civil all necessary permits certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision where the work is performmed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fart Collins hamdcss form and against all liability and loss incurred by them by reason of an asserted or established violation of any such taus, regulations ordinances. ales and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to hind said panics LIMITATION OF TERMS. This Purchase Order expressly limits acceptance t0 the terms and cnadioors stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refcrcnec. Any additional or different Icmts and conditions proposed by seller are objected m and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfsmance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without It...union. acceptance of partial late deliveries, shall operate as a waiverof this provision. In the event of tiny delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option o'placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of dcl vs due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act of Gal, acts of civil or military anthonnex, governmental pdoritics, fires, strikes, f.od. 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 Seller fits) received korwledge there.[ In the event of any such delay, the date of delivery shall be extended for the period egual to the time actually lost by reason ofthe delay. i. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will comfort with applicable drawings, specifications, samples and/or other descriptions given, will 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 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 bench of mammy. 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 period of time as may' be prescribed by Law or by the tent of any applicable avmnry provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulling from imperfect or defective work done or materials funti,hcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofzny claim under this warranty. Except as othem i.se provided in this purchase order. the Scllcrs liability hereunder shill extend to all damages proxinmately caused by the breach of any critic foregoing n'am,.tics or guarantees. but such liability shall in no event include loss of profits or Ins, 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 charge order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns. Other than legal terms, including additinas to or deletions from she i,n nittes colonially ordered in be specifications or drawings, by verbal or written change Order. If any Stich change affect the amount due or the time of pciformmnce hereunder, an equitabc adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any m all pinions of the good then not shipped, subject to any equitable, adjustment bervecn she panics as to any wail, or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the galls and/err work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wish respect to any good which arc the Sellers standard strck. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to anv gilds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) day% farm the dale the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all gads .sold hereunder shall have been produced. sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as maybe required m effect err evidence compliance. All laws and regulations rcquircd lobe incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamrless from all costs and damages suffered by the Pnrchnscr as a result of the Seller, failure to comply with such Imw. 9. ASSIGNMENT. Neither party shall assign. transfer, or convcy this oNer, .,any monies due or to become dam hereunder without the poor written consent of the other parry. 10. TITL E. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment materials mal items tarnished in perfommancc of this agreement free and clear of any and all liens, mslrielions, reservations security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature restdsing from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of inch party. The Seller's emotional obligations. including warranry, shill not be deemed to be reduced. in any way, because such work is per(omed or caused to be perfornwd by the Purchaser. 14. PATENTS, Whenever the Seiler is required to use any design, device, material or Process covered by letter, patent. tadcmark or copyright the Settler shall indemnify nnA save harmless the Purchaser Front anv and all claims for infringement by reason of the use of such patented design, deice. material or process in connection o lh 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 at any time during the prosecution or after the completion of the work. In cam said equipment at 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 Seiler 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 oilh sahstantially equal hot nnninfringing equipment, or modify, it so it becomes nnninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or hankmpt, make an assignment for the benefit of creditors. appoint a receiver or tosses, for any of the Sellers propcny or business, this order may lorlho ult he canceled by the Purchaser without liability. 16. GOVERNING LAW. The defmisions oftems used or she interpretation ofthe agreement and the rights ofall panics hereunder shall be constants under and governed by she Imes ofthc State ofColomdo, USA. The following Additional Conditions apply only in eases "here the Seller is to Perform work hereunder. including the services of Scllers Representztive(.$), ern the premises ofothers. 17. SELLERS RFSPONSIBILfrY. The Seller shall cam, on said work at Sellers men risk until she same is fully completed and accepted. and shall, in case of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the stork at Seiler" own expense tied In the sati,fnction of the Purchaser. WImo materials and equipment are famished by others for installdion or erection by she Seller. the Seller shall receive, anted, store and handle ,,are at she site and become responsible therefor as though such mnterials and/or equipment were being frnshed by she Seller under the order. IR. INSURANCE. The Scllcr shall, at his own expense. provide for the payment of o'orkers 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 she Imes of the slate in which the work is so he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and ammrimbile public liability in.vrnnee wish bodily injury and death limit of at least S300.0 0 for any one person, S500.000 for any one accident and pmperry danmge limit per accident of S400010. The Scllcr shall likewise require his comrnnors, f:my, to provide for arch compensation and insurance. Before anv of the Sellers or his contractors employee, shall do any work ,,on the prcmises of ethers. the Seller shall furnish the Purchawr with a certificate that such compensation and insurance have been provided. Such certificates shall specify she date when such c.mpensalian .ard inmrance have been provided. Such eenifiemcs shall specify the date when such conspen emir and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr Irarcby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whmsocver to persons or property caused by or resulting from the execution of the work prmided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of she Purchasers officers. agents and employees form and against any and all claims, losses, damages. charges or expenses. whether direct or indirect and whether to persons or property to which she Purchaser may be put or subject by reason of any net, action, neglect omission or default nn the pan of the Scllcr, anv of his contractors, or any of the Sellers or contractors oBecrs, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employee, a1 any lime o r account or by rcesrn of any act, action, neglect. omission or default of she Seller of any of -his contractors or any of its or their oBccrs, agent or employees as aforesaid, the Seller hereby agrees to assamc the defense thereof and In defend she : arc at the Sellers wort expense, to pay any and all costs. charges, attorneys fees and other expenses, anv and all judgments that may be incurred by or obtained against she Purchaser or any of its or their officers, agent or cmpinyccs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other proceedings, the Scllcr will at once cause the man, to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions. furnish and install all gourds necessary for the preweminr of accidents, comply with all Imys and regulations with regard to safcry including. but withnut limitation, the Occupational Snfery and Health Act.f 1970 and all talcs and regulations issued pursuant thereto. Revised 0312010