HomeMy WebLinkAbout297788 MARK LEICHLITER - PURCHASE ORDER - 9131129City of
Fort Collins
Date: 02/27/2013
PURCHASE ORDER
PO Number Page
9131129 1of3
This number must appear
on all invoices, packing
slips and labels.
Vendor: 297788 Ship To:
PUBLIC LIBRARY (MAIN)
MARK LEICHLITER
201 PETERSON ST
dba Exocubic Studio
FORT COLLINS Colorado 80524-2
1808 ORCHARD PLACE
FORT COLLINS Colorado 80521
Delivery Date: 02/26/2013
Buyer:
DAVID CAREY
Note:
Line Description Quantity
Ordered
UOM Unit Price
Extended
Price
1 NOTICE PROVIDED TO PROCEED 1 LOT
LS
17,500.00
with approved Sculpture
Approved Sculpture: "Hivemind"
Line 1 amount for 50% deposit of total sum.
Terms and Conditions per Art in Public Places Construction Agreement
dated February 25, 2013.
2 HIVEMIND'S FABRICATION 1 LOT
LS
7,000.00
with proof of Fabrication
Approved Sculpture: "Hivemind"
Line 2 amount for 20% payment of total sum.
Terms and Conditions per Art in Public Places Construction Agreement
dated February 25, 2013.
3 ACCEPTANCE OF SCULPTURE 1 LOT
LS
10,500.00
upon client's Final Acceptance
Approved Sculpture: "Hivemind"
Line 2 amount for final 30% payment of total sum.
Terms and Conditions per Art in Public Places Construction Agreement
dated February 25, 2013.
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 $35,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
Fort Collins
PURCHASE ORDER
C3. 0✓las4�
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
PO Number Page
9131129 2of3
This number must appear
on all invoices, packing
slips and labels.
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Of Terms and Conditions
Page 3 of 3
L COMMERCIALDETAILS.
Tax exemptions. By statute the City of Pan Collins is exempt from state and local lazes. Our Exemption Number is 11. NONWAIVER.
98-04502. Falrnd Excise 1'.1 Exemption C,nilicxle of Registry 84-6000587 is registered with the Collector of Failure of the Pumbnser m insist upon strict pnfomrance of the terns and conditions hereof, failua or delay to
Internal Revenue, Denser, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly rich fy the Seller in the event of a
breach, the occurrence efor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods believed. GOODS REJECTED due m failure to .,in speci(cations, either when shipped or due to defects of any of the warranties or obligations of this purchase order and short not is deemed a waiver of any right of the
damage in transit, may be remmd to you for credit and are not to be replaced except upon receipt of written purchaser to insist,,air strict performance hereof or cry of its rights or remedies as in any such goods, re,ordless
instructions from the City of Fon Collins. of when shipped, received or accepted as W any prior or subsequent default hereunder, nor shall any purported
oat modification or rewission of Nis purchase order by the Puchaser operate as a waiver of any of the terns
Impaction. GOODS are subject to the City of Fon Collins inspection on unseal, hereof.
final Acceptance. Receipt of the ownhandire, sc et or equipment in response to this order xaaf it 12. ASSIGNMENT OP ANTITRUST CLAIMS.
authorized payment on the pet of the City of Fort Collins. However, it is to be nrders,wd that r FINAL Seller and the Purchaser recognize that in accent ec o asul is practice, chorges reting from antitrust
ACCEPTANCE is dependent upon completion craft applicable required inspection procedures. violations are in fact bome by the Purchaser. Theremfore,for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Term,. Shipments mast be F.O.H., City of Ion Collins, 700 Woal St, For Collins. CO 90522, unless acquired under federal or sere antitrust laws for such overcharges reludng to the parival., Sued, or services
otherwise specified oa this order. lfperoukoonD given to prepayfreibu 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 be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shimming Didmvc.\Vbera manufacturers have distributing points in ,do., pans of the country, shipment is I fthe Purchaser directs (lie Seller o coned can ... forting or defective goods by a date in be agreed upon by tire
expected from the nearest distribution paint to destination, rind excess freight will be deducted from Impact, when Pmehaser and the Seller, and the Seller therenller indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious mucus available to it, and the Seller shall pay all
cons associatd with such work.
Pmni,. Seller shall procure at sellers sole cost all necessary, permit, cenifirdes and licenses required by all
,pplicable laws, regulations, ordinances rind calls of the state, municipality, terpow, or political subdivision where
We work is performed, or required by any otherduly aamlimmd public authority havic,pusdinam over the work
of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and lass
incurred by them by ressan of an asserted or cubiishcd violation of any such Iowa, regulations, ordinances, roles
and res, irements.
Authorization. All parries to this contract agree Ihat the represenmives are, in fact, bona fide and pusses fall and
complete authority,. bind said parties.
LIMHATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions stated
herein set farm and any sa,dionantary or additional temp and conditions annexed harem or iounTrmted herein by
reference. Any additional m dl hereof a mis and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment I. arrive oa }our
promised delivery date as noted. Time is of the essence. Delivery and performance mum be eliected within the ,here
sited .n the prolix. order and the documents attached hernia. No acts of the Purchasers includeg, without
limitation, acceptance of partial [ate deliveries, shall .ream our er waiver of lhic provision. In the event crony de]ay.
the Purchaser shall have, in addition to other legal and equitable readies, be option of pl.ciY, this mile, elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resell orders,
Joe m causes not rmmmbly Ibresmahle which are beyond its masaYable control and without its fault of negligence,
such acts of God, acts ofciviI or military authorities, governmental prioides, fires, boron, Hood, epidemics, wars or
dots provided bill court, of the conditions musing such delay is given to the Purchaser w;this five (5) days of the
,ice when the Seller for received knowledge thereof. In the can, of any such delay, the due of delivery shall le,
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warmms that all goods, articles, materials and work coverd by this order will conform with applicable
douwings, specifcalame, samples ampor other descriptions given, will be fit for the purposes intended, and
performed with the higher degree of cam and comhpetmce in accordance with accepted standards for work of a
mile nature. The Seller agrees to hold the purchaser harmless door any loss, damage or expense which the
Purcic,er may suffer or incur on account office Sellers breach of Wool . The Seller shall replace, repair or make
gold without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
lime as may be pas. bed by law or by the on., of any.pphtsble warranty provided by tiro Seller after the date of
cceptance of the goods famished hereunder (acceptance not to be unrcamwbly del,yed), resulting f a, imperfect
or defective work done or mucriaes fumished by the Seller. Acceptance or use of good by be Purchaser shall not
marimte a waive, of any claim under this wutmmy. Except as mhervise provided in this puohow order, the Sellers
Habit iry hereunder shall exend to all damages poximsldy caused by the breach of any of the foregoing warranties
or guarantees, but such lidbi liry shall in an evens include loss of pants or loss of use. NO IMPLIED WARRANI
OR MERCHAN I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The PurrM1aser may make cb r,c, m legal terra by wnuen thmge order.
5. CHANG ES IN COMMERCIAL TERMS.
True Purchaser may mote any changes Io the coma,.,he, than legal terms, including additions m o, deletion, font
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
than, affects th, amwn, dam err the time of performance hereunder, tin egritabli, adjustment shall be made.
6. TF,RMIMAT10NS.
The Purchaser may at any time by women change order, terminate this agreement as to any or 311 ponions of the
goads then not shipped, subject to any eynimblc adjvsmtent between file Francs as to any work or materials then in
progress movidal than the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
,anion of the goods and/or work, for incidental or consequential damages, and that no such aburporm be made in
facer of the Seller with rexpttt to any goods which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any ofunir obligations as to any goods delivered hereunder,
Z CLAIMS FOR ADJUSTMENT.
Any claim far o1jusIment must be asserted Within thirty (30) days from the date be change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wvcon ms that all gamLs sold hereunder for have been produced, sold delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or ceidems, compliance. All laws and regotate. required m be
ncomoamd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
Inden nify and hold the Pumba.r harmless, form all ernis and damages suffered by the Purdusser as a result of Me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pany shall align, frantic , or convey this order, or any monies due or become due hereunder without the
prior winter careen of fat other parry.
10, TITLE.
The Seller warrants hell, clear aad,nre,mox! rife In the Pmchowv fill all piiipmenL materials, end items Rumored
in performance of rus agreement, free and clear of any and all liens, restrictions, re..rvztions, security interest
encumbrances and claims of the.,
The Seller shall meats, the Purchaser and its contractors of any tier from all liability and claims of any nature
e.aelmg from the performance of such work.
This release shall apply even in the elect of foul, of negligence of the ram released and shall extend m the
diree.rs, abicers and employee, ofsuch any.
The Seller's contractual obligations, including warranty, shall act be deemed To be reduced, in any way, because
such walk is Performed or cause) m be x mahmed by the Purchaser.
14. PATENTS.
WM1enevoo We Seller is quired lurese my design, device, material tar process covered by are, patent, trademark
r copyright, the Sxllx, shall indemnify and are harmless the Purchaser from any and all claims for inGngement
by reason of the use of such premed design, device, naeral or process in connection with the contact, and
shall indmmlfy be Purchaser for any cost, ea,,. or damage which it may be obliged to pay by reason of such
infringement at any lime during the prosecution or after the mmpleimh of the work. In ease said egvipme... car
any pan Ini or the intended use of be goods, is in such suit held to constitute inGmngrmcnt and be use of
said equipment or pan is enjoind, 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 amid but
ao unGmnging equipme,, or modify it so it becomes naninfringing.
15. INSOLVENCY.
If be Seller shall become insolvent or baN:mpt make an assignment for be benefit of creditors, apparel a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Pnahnser wilhoc liability.
16, GOVERNING LAW.
The definitions efforts well or the interpretation of rho agreement and the rights of all parties hereunder shall be
co rstrN under and governed by The laws ornate State ofColarado, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder,
including the services of Sellers RepresenorisHs), on fat premises of others.
17. SELLERS RESPONSIBILITY,
The Seller shall curry an said work a Seller's mend, our the same is fully completed and accepted, and shall,
in u of any accident, destruction o, injury 1. The work ardor mmedak buffo¢ Seller, firell completion and
acceptance, compeer the work at Sellers own expense and to the satisfaction of fat Purchaser. \Men materials
and almpmen, arc famished by others (or msmllmi.n or erection by the Seller, the Seller shall reverse, unload,
store and handle same al the site and prince responsible Therefor as Ill .ugh such materials mal o, equipment
were being tarnished by the Seller under me order.
IS. INSURANCE.
The Seller shall, an his own expense, provide for the payment ofevorku, crmper adion, including acupmionil
disease brmfits, to its employees employed on or in connection with the work covered by this purchase order,
oador to their dependent in accordance with the laws of the some in which the work is to be done. The Seller
shall also cart, rompubarmae general liability including, bur or limited to, commoual and amomobile public
liability insurance with bodily injury and death limits of at least 5300,IX0 for any one person, S50g000 for any
one ccident and property damage limit per accident of S400,000. 'she Seller shall likewise require his
contractors, irony, to provide for such comperueion and maurenre, before any of fuse Sellers or hu contractors
employees shall do any work upon The premiss of others, be Seller shall famish the Purchaser with a ertificac
that such compensation and insurance have been provided. Such certificate, shall specify be dam when such
otnpemmion and immcmce have he,., provided. Such certificates shall specify the dam when such compensation
nod in expires.'1 Le Seller ngnes Phut soh rnmpensminn anJ insurance shall be mamtmneJ until serer The
entire work is completed and accepted.
19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES.
IIn, Seller hereby as h . he mine efensiail try and liabi lily for any andor,all damage, loss or it, uofany kind
or lta
nature
wtoever topersons or property consist by or resulting from the execution ofthe work provided for in
This purchase order at in connection herewith. The Seller will indemnify and bold hamhless me Purchaser and any
cr all of the Purchaseocers, agentsand employees froand against any and all claims, losses, damage,,
officers, m harges oo expenses, wher1w, direct of indirect, and whether To persons err property m which the Purchaser miry
Lie put or subject by reason of any act, acorn, neglect omission or def fall an the pm of the Seller, any of his
contractors, or any of the Seller, or contactors officers , ageets or employees. In Ease any suit or other
proceedings shall be brought against the Pureh,eq or its ofcum, agent or employees at any Time on account or
by reown of any in, i crion, neglect, omission o, default of the Seller of any of his contractors or any of its or
their officers, agents err empeoyccs as aforcadd, the Se11u hereby agree, m aswme the defense Ibermf and to
defend the same at the Sellers own expert., to pay any and all costs, charges, attorneys fees and other exp roves,
any and all judgments mat nay be incurred by or obmined against be Purchaser or any of its or their afters,
agents or employees in such suits or offer proceedings, and in case judgment or other lien be, placed upon or
obtained against he property of the Purchase, or said panic' in ter a, a resuh of web .it, in other proceedings,
the Sells, will at once cause the same,. be dissolved and dlacharged by giving bond or otherwise. The Seller and
his continuum shall take all safety precautions, famish and insall all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Samy and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03R010