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HomeMy WebLinkAbout336423 ADRIENNE BURKE - PURCHASE ORDER - 9142766Fort Collins Date: 05/16/2014 Vendor: 336423 ADRIENNE BURKE 1808 ORCHARD PLACE FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9742766 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: 05/15/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I APP 2014 Transformer Cabinet 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 2,004.00 [ITS] Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 MRlr7'E=617-sw nC7'di' TI MM = Page 2 of 2 L COMMERCIAL DETAILS. Tax exemption, BY statute the City of Fort Collins is exempt from suiteadlaal lanes. Our Exemption Number, is 11. NONWAIVER. 98-04502. Fedaol Excise lax Exemption Combine of Registry 84-6000587 is natatorial with the Collector of Failure of the Purchases m insist upon shin performance of fire tense oral conditions hereof, failure or delay to Internal Be--. Denver, Colorado (Ref. Col.& Revised Sonata 1973, Chapter 39-26, 114 (af exercise any rights or rem ties provided herein or by law, failure ro promptly notify the Seller m the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release de Seller of Goods Rejec,d. GOODS REJECTED due m failure m mat specificatiom, either what shipped or due to defects of any of the warranties or obligations of this pomhsse order and shall nct M Ja usd a wawa of my right of the damage in amour. may be ,touted to you fat credit and are not to b, replaced except upon receipt of women Purchaser to insist upon strict performance hereofor any, of its rights m remedies as to any such goods, regandlaa instructions from the City of Fan C.1firw of when shipped, received or weeptd, as to my poor or subsequent default hereunder, ram shall my prttponed coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS we subject to the City of Fan Collins inspection on arrival. hereof. Final Acespronce. Receipt of the merchandise, sat or ryuiement a reigns, or this oNer anHolt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymrnl on the pan of the City of Fon Collins. However, n u to be understood mr,r, FINAL Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable roue ra impaction procedures. violations are in fact Exam, by the Purchase, Theretofore, for god cause and as comidemrion for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, Too Wood St, Fan Collins, CO 80522, unless acquired under federal or state Edwin laws fur such overcharges relating to the panirraw goods or services coherwiu specifid on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursmnuo this purchase odor. bill most accompany invoice. Additional charges for pecking will not be exceptd. M ipmenl Distance. Where ....facture, have dimibming Forms in wamr, pans of ,he country, shipment is expend fm.n the neurar dohilmdan point to destination, and excess freight will be deducted from Invoice when shipments we male Ron, greater distmee. Pemtits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, wrimnces and roles of the state, municipality, territory or political subdivision where the work is performed, or r,i,i,,d by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collin hmmless from and against all liability and lass ed by that, by course.course.as e. of an sMwn ed or established violation of any such la, regulations, odinances, moo incurred eta rwairemerta. Authorization. All Pairs to this convect agree that the representatives are, in fact, bout Fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purch s. Oder expressly ],.is acceptance to the to. trial condition staid herein set forth and any supplementary or additional tents and conditions; annexed hereto or incorpomad herein by reference. Any additional or different terms and condihom proposed by seller are objected to and hereby mjectd. 2. DELIVERY, PLEASE ADVISE, PURCHASING AGENT immediately By.. cannot make mmplo a shipro nt to arrive on your Promised delivery date as noted. Time is of the essma. Delivery and performance most be effected within the have stated an the purchase oNer and the documents watched hereto. No acts .[,be Purchasm including, widow, limitation, acceptantt of partial late deliveries, shall operate as a waiver fdi, provision. In de even, of any delay, the Purchaser shall have, in nddarw to the, legal ad equiable remedies, de option of pbcin, his oNer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fat damagr as a result of delays due to causes nor reasonably Rearward, which are beyond its reasomble control and without its fault of orgligence, such ma of God, rots of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wan or Hots 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 thereof. In the event of any such delay, the die of delivery shall be extended for the period equ.l to the lime ,molly last by rcamn of the delay. I. WARRANTY. The Seller warrants that all goods, wades, materials and work covered by this order will confomt with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards per work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on nerount of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer peeled of time as may b, prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Sella. Acceptance or use of goods by the graduates shall not constitute a waiver of my claim under this warranty. Except as aderwim provided in this purchase order, the Sellers liability h,reander shall extend mall damages proximately caused by the breach of my of the foregoing wantionor or guiantas. but such liability shall in m event include loss ofpmfia or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rents by wrinen change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make my changes to the terms, other than legal terms, including additions to or J,letions fnm the qua rcu s originally ordered in the specifications or drawings, by verbal a wiinm change oNer. If any such change afree,. the amour, due or the time of performance harandev an spriable ndjunment shall be made. 6. TERMINATIONS. The Purchaser may at any time by vimen change aide,, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the Parties as to any work or materials that in progress provided that the Producer shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods radar work, far incidental or consequential damer re, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to say goods delivered hereunder. V. CLAIMS I OR ADJUSTMT:NT. Any claim for wittnmetn must be assmal within dairy (30) days from the date the thong, or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in side, compliance with all applicable lawn and regulatioas to which the goods are subject. The Seller shall execute sal deliver such Documents or may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements f,his contractor are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by de Poichuer as a result of fire Sellers failure to comply with such law. 9. ASSIGNMENT. Neither fery shall assign, tmttsfee, or arrive, this Oder, or any monies due or to become don hereunder without the Prior "non mruent ofdre other Tandy. 10. TITLE. The Seller wamma full, of. mil unrestricted title ode forebear for all Nuipment, rtateriaB, and items ( ishd in performance of this agreement, free and clear of any and all lien, restridom, asenaiora, sa inry interest cncumbruvces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carrier nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply, the Purchaser may cause the work to be performed by the most expeditious me:ms available to it, and the Seller shall pay all cost, arawarted with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature revolting from the palcrmmce of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to Ne directors, millions and employees afsuch party. The Sellers commeual obligations, including wawmy, shall not be daemon b be reduced, in any way, because such work is performed or caused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mmeoal or process revad by liner, patent, wdemak or copyright, the Seller shall indemnify and save harmless the Purchases from any and all claims far inGa fair nt by reason of for use of such pvtmtd design, device, material an prove. in mmeu on with the common. and shall indemnify the Franchise, fat my crawl, e.,. or damage which it may be obligon to pay by reason of such inGr,ornew to, my time during de pi.a. an ar o0er the completion of the wok. In cam said ryuipmen . or any pan ther nif or de whimmad war of the guests, is in such suit held to eonstimte infringement and de use of said affiliated or pan is enjoined, de Seller shall, at its own expense and in its option, eider procure for the Purchaser the right to continue using said equipment or pans, telpher the mine with substantially antral but noninginging refrainment, or modify it so it becomes naninfdnging. 15. INSOLVENCY. If the Soler shall become insolvent or bankrupt, make as assignment for de benefit of creditors, afford a receiver an or trustee for y of the Sellers property or business, this order may forthwith be canceled by de Pu c hase, without liability. 16. GOVERNING LAW. The definitions of terms used or de interpretation of the agreement and the rights of all parties hereunder shall be onstmed under and governed by the laws of the State of Colorado, USA. The following AJdowmal Conditions apply only in er where the Seller is to pform me5 work heund including the services of Sellers Repre,m ative(s), on the premises ofothers. Il. SELLERS RESPONSIBILITY. The Seller 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 ardor materials before Sellers final completion and acceptance, romplete the wok at Sellers own exams, and to the mtiafwction of to Purchases. When natenals and equipment are fumishd by oilers for iretallmim a erection by de Seller, the Seller shall receive, whom. store and handle same an the site and become respatasible demfor as though such materia6 odor equipment were being fumishd by the Seller wagon the order. 18. INSURANCE. The Seller shall, in his awn expense, provide for the payment of wokers compensation, including occupational disease benefits, to its employees employed W or in emaciation with de wok ancient by this purehe, order, mallow to Neir depeeAenta in accordance with the laws of ore state in which tar wok is to be done. The Seller shall also carry romprehenaive general liabiliy including. but not limited m, mntoactual and automobile public liability ia.,, ex no bodily injury and death limits of an lean $300,000 for any one pe.a, 5500,000 for any accident and property damage dame limit per accident of S400.000. The Seller shall likewise require his croper contractors, if any, to provide for such compensation and insurance. Before any of the Sellers a his comoanors employees shall do any work mpon the premises of others, de Sale, shall famish the Purchaser with a certificate that such compensation and imuoance have bean provided Such cenificata shall specify the dam when such compensation and insurance have ban provided. Such certificates shall specify de date when such compensation and mmrance expires. The Seller agrees that such compensation and insurance shall be maintained until after de emir, work is complete and ara,Wf xL 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'Die Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or 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 be Rumhier and any or all ofthe Franchisers ofTrars, agents and employees from rand again, any and all claims, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may Ise put or subject by reason of any act, action, neglect, omission or dedult on de pm of the Seller, my of his contractors, or any of the Sellers or ontractors officers, agents or employees. In case my suit or other proceedings shall b, brought again, the Purchaser or its often, agents or employees at my time W account or by reams of any act, action, neglect, omission or default of the Sella of any of his conwetors or my of its or their officers, agents or employes as aforemid de Seller hereby agrees to assume de defense thereof and to defend d, same at for Sellers own expense, to pay any and all costs, charges. inu meys fees and oiler ex,rows, any and all judgments that may be warned by ar obtained against the Purchaser or any of its or their offices, agents or employees in such suits or other pmcedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid ponies in or as a moult of such suits or other procediags, the Seller will in once cause the same to be dissolved and dischar,d by giving band or otherwise. The Seller and his cunwetors shall take all mfery precautions, famish and found ell guard necessary f the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, de Occupational Safety and Health At of 1970 ad all tales and regulation ismd on.., thereto. Revised 032010