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HomeMy WebLinkAbout518034 LOGAN SIMPSON DESIGN - PURCHASE ORDER - 9132229City of Fart Collins Date: 05/27/2014 Vendor: 518034 LOGAN SIMPSON DESIGN 123 N COLLEGE AVE, STE #206 FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9132229 1o12 This number must appear on all invoices, packing slips and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 05/02/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 1 LOT EA 21,365.00 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 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 1. COMMERCIAL DETAILS. Tax exemptions- By violate the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-60(1 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rejected GOODS MELTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are act to be replaced except upon receipt of wren instructions from the City ofF.n Collins. Inspection. GOODS are subject to the City of Pon Collins inspection on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorised payment on the pan of the City of Fog Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Fargo. Shipments must be ROB., City of Fort Calling, 700 Wood St, Fug Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the unfurl freight bill must accompany invoice. Additional charges for packing will act be accepted Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distributing Point to electrodes, and excess freight will be deducted from Invoice when shipments we made fmm greater distance. Permits. Seller shop procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, perilory or political subdivision where the work is pedormd, or required by any other duly speculated public authority having jundicdon over the work of vendor. Seller Culler agrees to hold the City of Fog Collins harmless from and against all liability and loss incurred by them by teas. of an asserted or established violation of any such laws, regulatiom, ordinances, roles and requirements. Authorization. All parties to this contme, agree that the representatives as, in fact, bona fide and possess full and complete amhonty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptanu to the terra and conditions stated herein set fegh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terra and conditions proposed by sells, are agreed to and hereby rjentaL 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canner ..IN complete shipment to ounce on your promised delivery data as noted. Time is of the essence. Delivery end performance most be effected .,,bid tire time stated on the raiders, under and the decounw s attache hereto. No acts of the Purchasers including, witho n limitation, acceptance of partial late deliveries, shall operate as a waiver .f this provision. In the event of any delay, ,he Purchase, shall have, in addition to other legal and equitable remedies, the option of,laring this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes at mosouably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts ofGwE acts ofrivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, war s or conditions riots provided that native of the reusing such delay is given m the Purchase, within five (5) days of the time when the Sales first received knowledge thereof. In the event of any such delay, the are of delivery shall be extended for the period equal to the time actually host by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will capt.= with applicable drawings, specifications, samples and/or other desedptimes given, will he fit for the Ugm,rs intended, cad performed with the highest degree of care and competence in accordance with accepted standards for work of a 'milar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair a, make ,and, withem cost to the purchase,, any defects or f Its arising within one (I) year or within such longer peed of It.. as may be preseribd by law or by he terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not oncitune a waiver of any claim under this warranty. Except as otherwise provided in this pu,she. order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of age of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or 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 a legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or data,..., from the gran lies originally ordered in the specifications or drawings, by verbal or wrinen change oNa If any such change aHeds the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Ptah-cr may at any time by written change order, 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 then in progress provided that the Purahater shall not be liable for any claims for anticipated profits on the uncompleted prolow of the gods and/or work, for incidental or consequential damages, and that no such adjustment be made in fee., of the Seller with respect 1. any gods which arc the Sellers..&al stack. No such ferminaden shall relieve the Purchaser orthe Seller.f any of their obligations as O any goods delivered hereunder. 2. CLAIMS FOR ADXSTMENT. Any do. for adjustment most be asserted within thirty (30) days from the date the change ar termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in stem compliance with all 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 regulation¢ required to be incorporated in agreements of this character are hereby incon,amad herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from all costs and damages suffered by the Purchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies dues to become due hereunder wihom the prior woven consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title a the Purchaser for of equipment, materials, and items finished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofmhers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, going, or delay to any rights or remedies provided herein or by law, failure m pmmmly army the Seller in the event of a breach, me -sciences, of of payment for goods hereunder or approval efth, design, dull not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon inner performance hereof or any of its rights or remedies res to any such goods, regardless of when shipped, received or wool as m any prior or subsequent default hereunder, nor shall any purported oral modification or precisi on of this purchase order by the Purahaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that is acmd aromatic practice, overcharges retailing farm amiwst violations are in fact borne by the purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby Assigna to the Purchaser any and all claims it may now have or hereafter acquired under federal or some amiws, laws far such overcharges beging to the particular goods or services purchased or acquired by the Purchaser pursuant In this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifnhe Purchaser direm, the Seller to correct mmmunf.rming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, Ns, Purchaser may excess, the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs sawrimd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature e.uling from the programme afsrch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, fingers and employees ofsuch pagy. The Seller's contractual obligations, including worrmlty, shall not be deemed m be redwood, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required an use any design, device, material or process covered by leper, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for management by reason of the use of such patented design, device, material or pre es in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged an pay by reason of such infringement an any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to conetined infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumho w the night ,o continue using said equipment or parts, replace the same with substantially equal bat mainfnnging equipment, o, modify it so it becomes noninfnnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a everew or emcee for any of the Seller property or business, this order may forthwith be canceled by the Purch aser without liability. 16. GOVERNING LAW. The definitions offerers used or the interyrelation of the agreement and the rights of all parties hereunder shall be corear ed under and governed by the laws of the State of Colored., USA. The following Additional Conditions apply only in cases where fire Seller is to perform work meander, including the smite, of Sellers Representrave(s), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident destruction or injury to the work maker materials before Selleh final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are Nmished 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 and/or equipment were being famished by the Seller under due insist. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatio ed disease benefits, a its employees employed on or in connection with the work covered by this perrebse order, and/or to their dependents in accordance with the laws of the stead in which the work is to be done. The Seller shell also carry comprehensive general liability including, but not limited a, contmemal end automobile public liability insurance with bodily injury and death limit of at least S300,000 for any one person. $500,000 for any one accident and property damage limit per winds., of 5400,000. The Seller shall likewise require his enactors, if any, to provide for such compensation and insurance- Before any of the Sellers or his contractors employees shall do any work upon the marde ss of ethers, the Seller sMll famish the Porchaser will a ceroGc lte that such compemmion and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam when such ..,.an.. and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after ,he entire work is completed and relapsed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resporei ghty and liability for any and all damage, loss or injury army kind or nature whatsoever an peons or property, caused by or resulting from the circuits. of the wont p,.,d,d for in this purchase aide, or in connecting herewith. The Seller will indemnify and held harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and agaiasl any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether in persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his argm ant, or any of the Sellers or contractors officers, agents or employees. In case say suit or other proceedings shall be brought against the Purchase,, er its oKeers, agents o, employees err any,ime no account o, by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or me,, officers, agents or employees as aforesaid, flue Seller hereby agrees to assume the defense thereof and a defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such was 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 az a result of such suits or other proceedings, ,he Seller will at once an. the same to be dissolved add discharged by giving bond or m nsiviw. The Seller and his contractors shall take all safety precautions, furnish and install all goads necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant there.. Revised 03I2010