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HomeMy WebLinkAbout459997 FORT COLLINS SENIOR CENTER BLDG - PURCHASE ORDER - 9141431Fort Collins Date: 03/06/2014 PURCHASE ORDER PO Number Page 9141431 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 459997 Ship To: FORT COLLINS SENIOR CENTER FORT COLLINS SENIOR CENTER BUILDING ON CITY OF FORT COLLINS BASICS EXPANSION COMMITTEE (FCSCBOB) 1200 RAINTREE DRIVE ATTN: PEGGY MCGOUGH, PRESIDENT FORT COLLINS CO 80526 PO BOX 1217 FORT COLLINS CO 80522-1217 Delivery Date: 03/06/2014 Buyer: DAVID CAREY Note: Line Description uantity UOM Unit Price Extended �rdered Price Fundraising ActivitiesProceeds 1 LOT LS 16,409.58 Reimbursement per Invoice For monies collected by Senior Center 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 from fundraising activities. 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. COMMF.RCIALDETAILS. Tax exemption, By statute the City of Fan Collins is exempt from stare and local axes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tox Exemption Cenifcate of Registry 84-6000587 is registered wim Ne Collector of Failure of the Purchaser or insist upon strict performance of the isms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamtu 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, fa'lace in promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hemunder or approval ofNe design, shall not relmor the Seller of Good R jeered. GOODS REJECTED due to failure to meet specifications, either when shipped or due 1w defter, of any ofNe warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may b, rentmnd to you for credit and are not to he, replaced except upon receipt of written Purchaser to insist upon strict perfonnentt hereofor any of its rights or remedies as many such goods, regardless instructions from the City of Fan Collins. of when shipped, planned or accepted, as to any prior or sabsequent default to reaMer, nor shall any puryomed call modification or covission of this purchase order by the Pachzser operate as a waiver of any of Me teams Impeclion. GOODS. abject io the City of For Collins impealion on cant. herself. Final Acceptance. Receipt of the merchandise, smica or equipment in nopense m no, order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorittd Payment on the pan of the City of Fan Collins. However, it is to he understood Nan FINAL Seller and the Purchaser recognize that in actual crossionfir practice, overcharge, resulting from antimut ACCEPTANCE is dependent upon completion of all applicable requited inspection pmcedumas. cwtshmas are in fact borne by Me Purchaser. Theretofore, for good caws and as consideration for executing this purchase Order, the Seller hereby assigns to the Purchaser any and all claims if may now have or hereafter Freight Tema. Shipments most be F.O.B., City of Fan Collins, 700 Woad SL, Fort Collins, CO 80522, unless acquired under fWeell or sure minimal laws for such overtharga relating to the Fornicator goods or services otherwise specified on this order. If permission is given to prepay freight and charge seprately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must mrompany invoice. Additional charges far pocking will not be nccepnnd 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. Shipment Distance. Whem manufacturers have distributing points in various pans of Me country, shipment is If Me Purchaser dins the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected Gom the nearer, distribution pain, to destination, and excess freight will be deducted from Imnice when Purchnsrt end the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Partial shipments are made from greater dumme. may cause the work an the performed by the most expeditious means available to it, and Me Seller shall pay all casts associated with such work. Permits. Seller shall pressure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, forribry or political subdivision where the work is performed, or criminal by any other duly mustached public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collin harmless to. and against all liability vad lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All ponies to this comrnet agree that the representatives are, in fact, bona fide and possess full and omplcte authority to bind said partial. LIMITATION OF TERMS. This Purelmse Order expressly limits eaeptence to the arms and conditions stated herein set both send any su,ple nentary or additional terms and conditions annexed httem or imearTar ad herein by reference Any additional or different tents and modawits,..posed by seller are objected to and Iwfeby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m move on your promised delivery date as acted. Time is of the resonm. Delivery and performance ems, be effected within Me time stated on the purchase aide, and the documents matched hereto. No acts of Me Purchasers including, wlthoat limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchase, shall his, in addition to other legal undisputable remedies, the option of placing this order elsewhere and holding the Seller liable far damagrs. However, the Seller shall not he liable for damages as a ream,, of delays due to causes not reamtably folesaoble which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gove so enrol prionties, fires, strikes, flood, epidemics, wars or hots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the Yale when Me Seller is., received knowledge Mercer, In Me at of any such delay. no date of delivery shall be extended to, Me period equal m the time wC.Ily ken by rcawn ofNe delay. 3. WARRANTY. The Seller warms full all good, articles, materiala and work examal by this order will contract with applicable drawings, sperifcaliem, samples andlor other descriptions Rican, will so fit for the purposes intended, and performed with the highest degree of can and competence in accordance wif accepted standard for work of a similar encore. The Seller agrees to hold the purchaser humhss from any loss, damage Or expense which the Parchuer may suffix or incur on account of the Sellers breach ofwaraary. The Seller shall replace, repair or make good, without cost to the purchaser, my defcls or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the unto of my applicable warranty provided by Me Seller after the date of acceptance of the goods famished hereunder (acceptaae rot to be unreasonably delayed), resulting from impeder, or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall not connote a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the margining warranties or guarantees, but such liability shall in no event include bass of profits or loss of can NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF rU NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the terms, other than legal terms, including addisioru to or deletions from the quanolics originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time of perro mince hereunder, an co aiubf adjnvrnem shall be made. 6. TERMINATIONS. The Purchaser may at any time by writlen change older, a more , this agreement as to any or ell portions of the goods her not shi,md. subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa she uncompleted portion of the goods and/or work, for incidental or consequential damages, and Oat no such adjustment bd made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such tem,irtation shall relieve the Purchaser or Me Seller of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mus, be auened within thirty (30) days from Me date she change or wounimtion Is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which Me good are subject The Sella shall execute and deliver such documents as may be regained 1. effect, Or evidence compliznce. All laws and regulations required to be, incorporated in agreements of this character arc hreby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harnlas from all msu mail damages suffered by she Purchaser as a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. botlwr pony, shall assign, Gansfer, or convey this order, in my monin due or tO become due hertuvdtt without the prior written comisrnt of the order party. 10. TITLE. The Seller wmmna full, clear and unrestruded title to the Purehaur for all eximpmem, matenaB, and items famished in perfomtame of this agreement, free and clear of any and all lies, restrictions, reservations, security internal encumbrances and claims of offers. The Seller shall release the Purchaser and its containers of any tier from all liability and claims of any mire resulting from the performance of such work. this release shall apply even in the event of fault of negligence of Me party released and shall extend to the directors, officers and employees urines parry. The Sellers coatrucmnl Obligations, including wnranry, shall not be deemed m be reduced, in any way, because such work is pert rued or caused to be performed by the Purchaser. 14. PAT ENDS. Whenever the Seller is required to use any design, device, material or process covered by lever, pascal, trademark or copyright the Sel let steal I indemnify and save harmless the Purchaser tram any and all claims for infringement by reason Of the use of such Polaroid design, device, material 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 inGngement at any time during the prosecution or after she completion of Me work. In case said equipment, or any pan thereof or the intended use of The good, is in such suit held m constitute infringement and the use of said equipment or an is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser she right to continue using said equipment or pans, replace the same wit substantially equal but noninfdnging tyuipment, or modify it so it become noel ffino' ng. 15. INSOLVENCY. If Me Seller shall become insolvent or hanarri make an assignment for the benefit of creditors, appoint a or wslee for any of the Sellers property or business, Nis order may forthwith Bar canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or me interpretation of the agreement and Me rights are)[ panic hereunder shall be consumed under and governed by the laws Order State of Colorado, USA_ The following Additional Conditions apply only in caul where the Seller is to perform work bereundtt, including the services of Sellers Reprtunu,ivc(s), en the Premises erred,, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until Me scene is fully completed and accepted, and shall, in au of any accident, destruction or injury to the work mNor maternak before Sellers final completion and mccpume, complete Me work at Seller's own expense and t0 the satisfaction of the Purchaser. When materials and ec affananl are famished by others for Insulladon or erection by the Seller, the Seller shall receive, unlmd, store and handle same at the site and became responsible therefor as though such materials aod/or equipment were being famished by the Seller under the Order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment croakers compensation, including occupational disease benef x, to its employees employed on Or in connection with the work covered by this purchase order, worker to their depitdents in accordance with the laws of the state in which Me work is Is, be done. the Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with homily injury and death limits of at least Soub 00 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if troy, to provide list such compensation and insurance, Before any of the Sellers or his contractors employees rhall do any work upon the premises of others, the Sellershall famish the Punde ser with a cerifesoc that such c mpen-lion iced insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after the more work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Me Purchaser and any r all of the Paschal officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and wheher to persons or property to which M, Purchaser may he put or subject by reawn of any act, action, neglal, Omission or default on Me part ofNe Seller, any of his ontrommu or any of Me Sell. or ..,.,a. officers, agents cor employees. In case any .it Or Other proceedings shall be brought apailat the Purchaser, m its officers, agents or employees at any time oa ..an, or by reawn of any act, action, ratified, omission or default of Me Seller Of my of his cam%tors or any Of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume Ore defnew thereof and at defend Me sense at the Setters own expense, to Pay any and all costs. charges, anomeys r and other expenses, any and call judgments Nat may be imurnd by of chained gains, the Purchaser or any of as m their oRlcers, agents or employees in such suits or Other proceedings, and in rase judgment or other lien be placed upon or Obtained against the property ofNe Purchaser. Or said parries or or as a.11 of Bach suirs Or order proceedings, Me Seller will at once came she score to be dissolved and discharged by giving bond or otherwise. The Seller mid his contractors shall take all safety precautions, fum¢h and transit all guards necessary for the preventiou of accidents, comply with all laws and regulations with regard to safety including, but without limitation, tha Occupational Safety and Health Act of 1970 and all roles and regulotiem issued Pursmnt theme. Revised 03Q010