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HomeMy WebLinkAbout372295 MARIO ECHEVARRIA - PURCHASE ORDER - 9141492Fort Collins Date: 0311112014 Vendor: 372295 MARIO ECHEVARRIA 2715 GRINELL LONGMONT CO 80503 PURCHASE ORDER PO Number Page 9141492 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 03/11/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t APP - Nix Farm Office Bldg 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@fcgov.com 1 LOT LS 10,350.00 $1 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. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt Room state and local taxes. Om Corrosion Number is I L NON WAIVER. SbT,4502. Federal Excise Tax Exemption Cenifcare of Registry 84-60 W5g1 is regional with the Callamr of Fail. of the Purchaser, to insist upon stria performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shouter 1973, Chapter, 39-26, 114 (a). exercise my rights or remedies provided herein an by law, failure to promptly notify the Seller in the event of a breach, the accepmyw cefor payment for good hereunder or approval film design, ball root rclaesethe Seller of Good Rejected. GOODS REIECTED due to failure is men specifications, either what shipped or due f defects of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the damage in aamit, may to moment to you for credit and art not to be reduced except upon receipt of written purchaxr to insist upon said performance bermfor any of its rights err remedies as I. any such good, regardless inmuctims from the City effort Collins. of wham shipped, received or accepted, as to any prior or subsequent default hemunda, nor shall any poisoned oil medification or rescission of this purcisax order by rise Purchaser operate as a waiver of any of the temp Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services 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 be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACC12PI'ANCE is dependent upon completion ofall applicable required inspection procedures, violations me in fact home by the Purchaser. Therctofur,tfrgood cause and as consideration for executing this Purchase order the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Perms. Shipments must be TO IT, City Of Pon Collins, 700 Wood St, Fort Collins, CO 50522, unless acquired under federal ar state antitrust laws for such overcharges relating Io IF, mutialm goads or services mmosise specified on this comer. Unchristian is given in repay freight and charge separdmly, the original freight purchased or acquired by the Purchaser pursuant o this random order. bill most accompany invoice. Additional charges for packing will ram be accepted. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaaurers havedkWbm, splW ot deflinbdivegoodbyadde to the edupon bythe Pariseshor dOf ichhecoun.Inviicewn distribution pawl m destimrian, and excess freight will nd deduct d from Invoice when expected from the and emsinreight iterdireclethedthermlertheraftnonconformingr rmvrpl Purchaser and the Seger, and the Sellerthereafterbe eairea. or unwillingness to comply, the Purchaer Run shipments rare male from greater distance. i .indicates may cause the work be performed by the most expeditious mesas available m ir, and the Seller shall WY ell cost aswcialed with such weak. s Permits. Seller shall mecum at sellers sole cost all necesvry permits, certificates and licenses mquiled by ell applicable laws, regulations, ordinances and roles ofthe stale, municipality, resume e or political subdivision where the work is performed, or required by any other duly constituted public authority hmingjurisdidion over the work of vendor. Sella further agrees to hold the City of Fort Collier harmless from and against all liability and leas incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Aalhorimtion. All panic to this contract agree that the rrprcsentulwa arc, in fact, bona title and proses full and complete authority to bind said ponies. LI M II'A'I ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein net f rah and any supplementary or additional terns and conditions annexed hared. or mcoryomted herein by reference. Any additional or ri ffamor icons and continuous proposed by seller are objected to and hereby mated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery dale as noted. Time is ofthe mature. Delivery, and performanre mosr be affected within the time stated on the purchase order and the documents attached hereto. No over of the Puncheon including, without limitation, acceptance ofpanial late deliveries, shall Opemm 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 clsewhem and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays doe to causes not reawrubly foreseeable which an beymM to reasonable control and wihout its fault ofrregligerce, such sets of God, acts ofeivit or military, authorities, gosemmental immuni lrs, fire, strikes, foodk epidemics, wan or Hats provided that notice of the conditions musing such delay is given to rise Purchaser within five (5) days of the time when the Seller Best received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will contain wish applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes Intended, and performed with the highest degree of care and canoe nce in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless frvm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of warranty. The Seller shall replace, repair or make good, without cost to Ile purchaser any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law m by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the gads f chishW hereunder (aceeplence ant to be unreasonably delayed), resulting from imperial or defective work done or mmmals finished by the Seller. Acceptance or use of goods by the Purchaser shall ram constitute a waiver of any claim under this commit Except as otherwise provided in this purchase order, the Sellers liability hereunder shall avoid m all damages proximnely cusd by the breach of any of the forgoing is'ancomin or guuantees, but such liability shot in no event include loss ofpoofita or lass of use. NO IMPLIED WARRANTY OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes Or legal mains by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser miry terms, make any changes m the tes, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinar change order. If any such change affects the amount due or the time of perfomrance himunn er rot equitable adjustment sort be made. 6. TERMINATIONS. The Purchaser may at any time by whom change order, n nnirale this agreement as many or all pmams of the good then not shipped, subject o any equitable adjustment between the ponies as to any work or materials that in progress provided that the Purchaser dull not be liable for any claims for anticipated profits on Ile uncompleted pinion of the goods and/or wed, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which an the Sellers sWdard stock. No such temdrtatim shall relieve the Purchaser or the Seller cranny of their obligations as to my goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. A, claim for d,..a., m.I be asserted within thirty, (30) days loom the date be change or mamimtion is ordered. IL COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which 'he goods are subject. The Seller shall execute and deliver such documents as may be required I. effect or evidence compliance. All laws and regulations required to Ix incorpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Ifom all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Fully shall assign, transfer, m convey this order, or any monies due or to became due hereunder without the prior wro rn catuent of the other party. In. TITLE. The Seller wamanIx full, clear and utaesrricted title le the purebaser for all equipment, nuteriaB, and it. fomished in pmaam c of this agreement, fee and clear of any and all urns, restrictions, resenalions, serxwry interest encumbrances and claims of others. The Seller shall release the Purchaser and its ammumrs of any net from all liability and claims of any nature crunching from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and dull extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfnsu d by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, devicr, material or process onoud by lefer paled, odefork cur copyright, the Seller shall indemnify and save hatmless the Purchaser from say and all claims for infringement by reason of the use of such Wtmred design, device, material or process in connection with the contract, and shall indemnify Ile Purchaser for any cost, expense or damage which it may be obliged In pay by reaon of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended use of the gaols, is in such is held to a etafte infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense said at its option, clfv prance for the Pmchaser the righl to continue using said aluipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Shca shall become insolvent or batkmpt, make an assignment for the brnefit of creditors, ppaint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Producer without liability. 16, GOVERNING LAW. The definitions of tarots used or the Iater,muttion of the agreement and on rights of all parties hereunder shall be construed under and governed by the laws ofthe Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the senders of Sellers Representative(s), on the premises of others. 11. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Seller's own risk until the same is fully completed and accepted, and shall, in eme of any accident destruction or injury to the work mdfr materials before Seller's final completion and nevepmnce, complete Ile work at Sellers own expeme and to Ile satisfaction of rise Purchaser. When n due als and equipment are f ishod by others for installation or election by the Seller, she Seller shall receive, unload, since and handle same at the site eml become responsible thertrw as though such nateia s and/or equipment were being famished by the Seller under the order. Igo 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, ampor to then dependents in mcordartce with the laws of the state in which Ile work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with buddy injury and death limits of at least S300,000 fee any one —m, SSnn non Roc any one accident and property damage hour pet accident of S400,000. The Seller shall likewise require his ecometnrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall destroy work upan the premises of others, the Seller shall famish the Purchaser with a cenif rate that such componSman and insurance Lave been provided. Such cenirimms shall specify the data when such compensation and insurance have been provided. Such ratificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire weak is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility end liability for any and all damage, loss or injury army kind or retme whensoever in persons or property caused by or resulting boom the execution of the weak provided for in this purchase order or in cotmectim herewith. The Seller will indemnify and hold lamdass she Purchaser and any r all of the Purchasers Officers, agents and employees from and agaiml any and all claims, losses, consul charges or expenses, whether direct or indirect, and whether to persons or property In which the Purchaser nay be pm or subject by now n of any act, action, neglect, omission or defauls on the pan of lie Seller, any of his nntractors, or any of the Sellers Or ontexamer appears, agents or employees. In case any suit or other proceedings shall be brought agalnsd the Purchaser, or its offices, agents or employees at any time on account or by rasa. of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume foe defense thereof and to defend the same an the Sellers own expense, m pay any and all costs, chargas, mumeys fats and other expenses, any and al I judgmen s that may be incurred by or obtained against the Purchaser or tiny of its or their onwers, agents or employees in such suits or other proceedings, and in cnu 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 cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contmnors shall take all safety proautions, famish and install of guard naesmry fm the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatiowl Safety and Health Act of 1970 and all roles and regulatioes issued pursuant thereto. Revised 03aO10