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HomeMy WebLinkAbout443857 HAYES PHILLIPS HOFFMANN & CARBERRY PC - PURCHASE ORDER - 9141493Fort Collins Date: 03/11/2014 PURCHASE ORDER Vendor: 443857 HAYES, PHILLIPS, HOFFMANN & CARBERRY PC 1530 16TH ST, STE 200 DENVER CO 80202 PO Number Page 9141493 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 03/11/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Land Use Hearing Officer 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 20,000.00 Total $20,000.00 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 1. COMMERCIALDEFAILS. Tax exemptions. 13 Strom the City of Fort Collins isexempt fixing sate and local taxes. Our Exemption NumM is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058'! is registered with the Collector of Failure of flue Purchaser to houst upon strict performance ofthe terms rod mnditioru hereof failure m delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance arm payment forgood hereunder or approval ofiha design, shall rot release the Seller of Goads Rejected. GOODS REIECTF.D due to failure to at specifications, either when shipped or due to defies of any of the wmrntie or obligations of this purchase order and shall not be d.med a waiver of any right of the damage in trnsit may be nomad to you for credit and we not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as a any such goods, regaNless improations from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p mspro d Mal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the perms Inspection. GOODS are subject to the City of Pan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, samic s or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fiat Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in moral economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon camplation of all applicable required inspection pmadures, violations arc in fact home by the Pumhase, Theretofore, for good cause and as mnsidemtiaa for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may vow have in hermfier Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or site mriupst less for such ovc.M,. relating to the particular goods or servis otherwise specified an this order. If permission is given to prepay freight 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 cm be accepted. 13. PURCHASERS PERFORMANCE OFMacconSELLERS OBLIGATIONS. ShipmentDistance.duce. Wheremanufacturershave distributing is excngirs s us pans macountry,Invoice ins or de@tliwgoods date to beagrtedeupon IfrheserandemeSells theer,a Shcermmrsecnwter and de w expected from the nearest distribution point to distinction, and excess freight will be deducted from Invoice when Purchphe nwbya indicates its stability m unwillingness m comply, the Paoham Purchaser and We Seller, end rho Sellerthereafterthem indicatesss n shipments art male from greater dismntt. may cause the wok m be performed by the most expeditious mean available in it, and We Seller shall pay all most cows associated with such work. Permits. Seller shall procure at sellers sale cost all accessary permits, certificates and licences required by all applicable lows, regulations, ordinances and mles of the state, municipality, terrory or Political subdivision where We walk is recommit, it, or requited by any other duly constitute) public suthoriry havogjurisdalion over the work of vendor. Seller further abrues to hold he City of Fan Collins Implies, Gom and against all liability .,,it lass incurred by them by reason of an apposed or established violation of any such laws, regulations, anticancer, mien and requirements. Auffamiranim. All parties to Nis contract argot, that the representatives art, in fact, honer fide and Assess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms and canditimrs starts herein set ford and any supplementary or addnioml tens and mMitions annexed hereto or incorporated herein by reference. Any additional or dill t terms and conditions proponed by seller ere objected to and humbyrejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to Move on gout promised delivery dare as noted. Time is ofthe essence. Delivery and performance must M effected within the fire stated on the purchase other and the documents attached herein No acts of the Purchase. including, without limitaion, acceptance of partial late deliveries, shall operate m a waiver of this provision, in the event array delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for dosages. I lowever, the Seller shall not be liable lot damages as a result of delays due to cruses not reasonably foreseeable which ire beyond ifs reasonable control and without its fault of negligence, such acts of God, act, of civil of military authorities, gnvemmental priorities, fires, strikes, flood, apidemics, wars or Mars provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge W<rcof. In the event of any such delay, the data of delivery shall be expended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warns that all goods, articles, mmeruals and work revered by this order will conform with m licable drawings, specifications, Samples mNm other descriptions given, will be fit for the opposes inteMed, and performed with the highest degree of sere and competence in acwrdaace with accepted madowas for work of a similar nature. The Seller agrees to hold the purchaser harmless Rom my lass, damage or expose which the Purchaser may suR or incur on aacowt of the Sellers breach of seam al, The Seller shall rapture, repair or make good, wihom cost to the purchaser, any defects or fouls arising within one (1) your or within such longer prod or time as may be prescribed by law or by the tens of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be umeamnably delayed), resulting from imperfect or defective work done or materials Pomished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 foregoing warranties or guamntres, but such liability shall in no event include loss of profits in loss 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser stay mike any change or the perms. ocher than legal terms, inchatine sddirioas to or deleic ns from the quantities originally ordered fa the speclOcatiom m dmwmgs, by verbal or written change otherif any man change affects the amount due or the time ofperfomum'e ereuner, an equitable adjstment shall be made. 6. TERMINATIONS. The Purchaser play at any time by written change order, mrminrm this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parries. to nay work or materials then in progress provided that the Purchaser shall not be liable for my claims foe anticipated mains on the uncompleted portion of the goods and/or work, fir incidental or cns.uential damages, mJ that nu such adjustment be made in favor of the Seller with respect to any goods which am the Sellers s.could stock No such mrminotion shall relieve the Purchaser or the Seller of my oftheir obligations us to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim far adjustment rest be, asmned within thirty (30) days from the doe me change or termination is omered. 8. COMPLIANCE WITH LAW. The Seller warns Wert all goods said hereunder dull have been produced, said, delivered and famished in strun compliance with all applicable laws and regulations to which the goods are subj.l. The Seller abull execu4 and deliver such document, as May be required to effect or evidence compliance. All laws and regulation rc,drad m be incorporated in agreements of this character art hereby incorporated hoin by this reference. The Seller spaces to indemnify and hold We Purchaser harmless from all cons and damages suffered by the Purchaser as a result of We Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Easy shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants fall, clear and umresrcRd title m the Purchaser for all equipment, materiels, and items furnished in performance of this apartment, free and clew of any arts all licas. summonses. reservefia, security interest euvmbranceand claims ofishers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be downed as be reduced in any way, because such work is performed or caused m be performed by the Purchase, 14. PATENTS. Whenever the Seller is requiring to use any design, device, argaiterial or process covered by letter, patent, ttadematk or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such adopted design, device, material or process in connection with the commm, and shall indemnify the Purchaser for any cost expose or damage which it may he obliged to pay by reason of such infringement at any time during the corrections or after the completion of the work. In case said equipment, or any pan 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 Seller shall, at its awn expense and at is option, either prmre for the Pumhaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the beneft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwitb be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of perms used or the interpretation ofthe agmcmcm will the rights ofid) parties hereunder shall be scoured under and Rumored by the laws ofthe Slide ofColomdo, USA. The following Additional Conditions apply only in cases where fire Seller is to perform work hereunder, including the services of Sellers Represenative(s), on the premiss of.dings. 13. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the some is fully completed aed accepted, and dull, is se af., soarers, destruction or injury to the work and/or matenals before Sellers final ..station and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials Aid equipment are Furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andtor equipment were being furnished by the Seller under the Omer. IS. INSURANCE. The Seller shall, err his own expense, provide for the payment of workers competwtion, including ociammional disease bra fits, to its employees employed on or in connection with the work covered by this purchase order, mNor to their depeMens in accordance with the laws of the state in which We work is to be done. The Seller shall der carry comprehensive general liability including, but not limited W, mnGadtal and automobile public Impliy instrauce with Mmdiy injury and death limits of at least s300,000 for any one person ssno.LLM to, any one accident and property, damage limit per accident of 5400,000. The Seiler shall likewise nyuise his nntracmrs, if any. to provide for such com are ation aM insurance. Before any of the Sellers or his contractors employees shall der any work upon the premises of others, the Seller shall famish the Purchaser with a cesificatee that such compensation and insurance have been provided. Such eenifemes shall specify the date when such compensation cud insurance have been provided. Such certificates shall specify the date when such compensation and m expires The Seller agrees that such compensation and insumnee shall be, maintained until after the ,mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind in namre whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in Otis purchase order or in con.cum herewith. The Seller will indemnify and hold harmless the Purchaser mW my or all of the Pmnchncers officers, agents and employees from and against any and all claims, losses, damage, charges orexpenses. whether direct or u phrea t, and whether as person or property to which the Purchaser may be put or subject by season of any act action, neglect, omission or default on the pan of the Seller, any of his conlracmrs, or any of me Sellers or contractors officers, agents or employees. In pas my suit or other proceedings shall be brought againl die Purchaser, or is officers, agents or amployees at my rime on account or by reason of any act, action, neglect, omission or default of We Seller of any of his contractors or any of is or their ofcers, agents or employ., as aforesaid, die Seller hereby agrees to assume the delis, thereof and to defend the same at Sellers own expense, to pay any and all costs, charges, attorneys foes and other expenses, any and all judgments that may be intoned by or obtained against the Purchase or my of us or Weir officers, agents or employs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, or said parries in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischurgod by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fe Occupational Safety and Health Act or 1970 and all mas and regulations issued pursuant thereto. Revised 03n010