Loading...
HomeMy WebLinkAbout433338 RUSSELL + MILLS STUDIO - PURCHASE ORDER - 9140675 (2)Fort Collins Date: 01/29/2014 Vendor: 433338 RUSSELL + MILLS STUDIO 141 S COLLEGE AVE SUITE 104 FORT COLLINS CO 80524-2889 PURCHASE ORDER PO Number Page 9140675 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/28/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Garden Design 1 LOT LS 151,660.00 PER TERMS AND CONDITIONS OF BID 7577 AND AGREEMENT DATED 1-27-14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fogov.com Total Invoice Address: 151 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 12M;�i17mil ,1mrFIT,C[�77R r Page 2 of 2 I. COMhtERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local Cues. Our Exemption Number is 11. NON WAIVER. 98-04302. Federal Eire Tax Exemption Cmyfierac of Registry 84-6000587 is regulated with the Collector of Failure of the Purchaser to insist upon strict Performance of the terns and conditions hereof, failure or delay to Internal Revenue, Dearer, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 11 a (a). exercise any rights or remedies provided herein or bylaw. failure to promptly ramify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall Out releau the Seller of Goods Rejected. GOODS REJECTED due m failure to meet specifcstim s. cidam when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he darned a waiver of any right of the damage in Vomit, may be returned to you for credit and we trot to be replaced cacrpt upon raripf of written purchaser to insist upon strict performance hercofor ar is rights orrcmcdics as to anysuch goods, regardless instructions from the City of Fon Collim. of when shipped, accived or accepted, to to any prior or sulearpmeel default bercunder, not shall my p ,ported oral modification tr rescission of Nis purchase order by the Purchaser operate as a waiver of any of the team Inspection. GOODS are subject to the City ofFors: Collins impaling on arrival. hereof. Final Acceptance. Rmeipt of the merchandise, services tar equipment in response to this order ran reset, in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is to be understood dell FINAL Seller and the Purchases recognize that in actual a is practice, overcharges resulting from mtitmst p ACCEPTANCE is deendrnt upon completion of all applicable requited inspection procedures. violations me in fact home by the Parchmer. Thereafter, forgood now and as consideration for executing this purchase order, the Sella hereby assigns to the Purr amr my and all claims it may raow have m hereafter Freight Terms. Shipmates mutt he F.O.B., City of Fort Collins, 700 Rood St., Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating to the particular goods or savion oNrmisc 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 Nis purchase order. bill mutt accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Rhea manufacturers have distributing points in various pans of the country, shipment is expected form the maresl disuibutim point to destination. and access freight will be deducmd from Invoice when shipments for made form gram, disonec. Permirs. Seller shall procure at sellers to cost all neecssuy permits, ratifcu s tad licenses merited by all applicable lai regulations, ordinances oral In of the sate, municipality. territory or political subdivision where the work is performed, or required by any other duly maturated public authority having jurisdiction over the work Of Vardar. Sella further agrees to hold the City of Fell Collins harmless from and ogairet nil liability and loss incurred by than by reason of an asserted or established violation of my such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this conttm agree that the representatives arc, in foci bonn fide and possess full and complete authority ro bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to der teens mad conditions busted hc¢in set Iamb and any supplenmmary or additional rams and ctdifium annexed Item:o or incorporated herein by reference. Any additional or different terms and conditions proposed by seller me objec rd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot Crake complete shipment to arrive on your promised delivery daze m noted. Time is of the essence. Delivery and performance most be effected within the lime sated on the purchase order and the documents attached hereto. No arts of the Purchasers including, without Intention, aceeponre ofpartlal Ina deliveries, shall optimum as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to Other legal and equitable remedies, the option of placing this order elsenhe e and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result or delays due to causes not reasonably for¢eeabte which are, beyord its reasonable central nod without its fault of negligence, such acts of God, acts ofcivil or military authorities, govenunental priorities. Gres, strikes, flood, epidemics, wars or riots provided that entice of the conditions causing such delay is given to the Purchaser within five (5) days of the time Ashen the Sella first received knowledge Nemaf. In the o'rnl of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by mature of the delay. 3. WARRANTY. The Sella 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 fa for the purposes intended, and performed with dK highest degree of cart and Comp rmah, In accordance with accepted Standards for work of a similar mature. The Sella agrees to hold the p rmhmer homeless form my loss, damage me expense which the Purchaer may softer or inns on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to de purchaser, my defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law' or by the corms of my applicable ware uy provided by life Seller suffer the date of acceptmtt of the goods famished hereunder (acceptance nos to be um2sonably delayed), resulting from imperfect or defective work done at materials interisland by the Sella. Acceptance or use of goods by the Purchaser shall not omntinum a waiver of any claim under this warranty. Except m otherwise provided in this purchase, order. the Sellars liability hereunder shall extend in all damages proximately ranged by the brach of any of the foregoing warranties or guaremees, but such liability shall in no Gent include loss of profits or Ices of use. NO Ih1PLI ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IA LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CH ANGES IN COMM ERCIAL TERMS. The PumIxOcr may make my changes to the Farm. other thin legal farm. including •dditionv to or delaiore from the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such change a@cs the amount due or the time ofperfomancc haturdeu an equitable adjustment shall he made. 6. TERMINATIONS. The Pum hn ea may at any lime by written change area, t nnimme this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment bawem the parties as to Arty work or materials then in progress provided that the Purchaser shall not he liable for my claims for anticipar d profits on (be uncompleted portion of the goods andror work, for incidental or mnuquential damages, and that an such adjustment be made in favor of the Seller with respect to any goods which nee the Sellers standard stock. No such larninalian shall mlicvc the Purchaser or the Seller or any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any let. for adjustment most he aliened within thirty (30) days from the date the clung, of Fnnimmin. is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold driveled and famished in strict compliance with ell 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 evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by Nis reference.'Ihe Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suRemd by the Purchaser ns a Fault of the Sellers failure to amply with such law. 9. ASSIGNMENT. Neither party shall assign, bamfcr, or comacy this order, or my monies due or to become due hereunder without the prior writs cement of the other parry. 10, TITLE. The Sella warrants full, clear and unrestricted tide to the Purchaser for all equipment. materials, and items Furnished in performance of this agreement. fre nod clear of my and all Jim, restrictions, reservations, security interest eocumbranca and claims ofedera 13. PURCHASERS PERFORMANCE OF SELLEIIS OBLIGATIONS. If the Purchasa directsthe Seller to correct mnconfrrming or defective goods by a date to be agreed Open by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by she most expeditious means available to it, and the Seller shell pay all cium, associated with such work. The Seller shall release the Purchases and is to mmclors of my tier from all liabiliy and claims of any oamre resulting from the performance of such work. This rcleam sltall apply even in the event of fault of negligence of the Perry released and shall extend to the directors, afliren, and employees of such party. The Seller's contractual obligations, including wamarty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by des, Purchase, 14, PATENT S. Whenever the Seller is required to use any design, device, material or process covered by later, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by neaten of the me of such patented design, device. external or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at my time during the prmawion or afla the completion of vise work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the we 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 Owner with substantially equal but noninfringing equipment, or modify it so it becomes nuninfringing . 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or From" for any of the Sellers property or business, this orda may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of teens used or the interpretation of the agreement and the rights Orel parties hereunder shall be comwed under and governed by the laws of the Sam of Colorado, USA. The following Additional Conditions apply only in aces where the Sella is in perform work himunda, including the services of-Sellas Rep rsantalive(s), on the premises ofothas. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted and shall, in case of any accident, destruction or injury to the work mdlor materials before Series final completion and acceptance, complete the work at Sellers own expcmc surd to the satisfaction of the Purchaser. When mnterias and equipment Fare famished by others for installation of erection by the Seller, the Sella shall receive, =load, store and handle same at the site and become responsible therefor as though such materials maker equipment were being famished by thr Seller under the order. 18. INSURANCE. ' The Seller shall, at his own expense, provide for (he payment of workm compensation, including occupational disease benefits, to its employees enploycd 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 carry comprehensive general liability including, bet not limited to, communist and automobile public liability insurance with Wily injury and death limits or at least S3oo.000 for any one ason, 3500,030 far my one aceidcni and property damage limit per accident of S400,00D. The Seller shall likewise mquim his calibrator., if any. to pwvidt: for such compensation and insurance. Before my of the Sellers or his contractors employees shell du any work upon the premises oturn,, he Seller shall famish The Purchaser with a certificate film such compensation and ineutme have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such arti0emes shall specify the date when such compensation and insurance spires. The Stella agrees that such mtpcmatiun anJ insurance shall he maintained until offer Fire entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wlasoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Porchwm Offers. agents and employers from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by tamn of any act, action, region, omission of default on the pan of the Seller, any of his contractors, or any of the Scllcm or conttmors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at my lime on account or by reason of my act, anion, neglect, omission or default of the Seller of any of his comrecmrs or my of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to de lead the same at the Sellers own expense, to pay my and all toss, charges, attomeys fen and other expenses. any and all judgmars that may be incurred by or obtained against the Purchases or my of its or their offices, agents or employes 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 parties in or as a result of such suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond m otherwise. The Sella mad his contractors shall take all safety precautions, furnish god install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without liminuon, the Occupational Safety and Health Act of 1970 and all min and regulations issued ponsuart thereto. Revised 032010