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HomeMy WebLinkAbout538201 EXHIBIT DESIGN ASSOCIATES - PURCHASE ORDER - 9143190PO PURCHASE ORDER 914319er Page City of PURCHASE 9143190 ' of z Flirt ( oltins This number must appear /�„!-\V`, ` V 1 1 on all invoices, packing �slips and labels. Date: 06/09/2014 Vendor: 538201 Ship To: FORT COLLINS MUSEUM EXHIBIT DESIGN ASSOCIATES CITY OF FORT COLLINS 1269 CHASM ROAD 200 MATHEWS ST ESTES PARK CO 80517 FORT COLLINS CO 80524 Delivery Date: 06/09/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Cases for Museum - Bid #7643 1 LOT LS 27,914.90 PER TERMS AND CONDITIONS OF BID #7643 AND AGREEMENT DATED 6-9-14 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. COMMERCIALDETAILS. Tax carrippostrift, By statute the City of Fon Collins h exempt from state and local taxes. Our Exemption Number is 9841,1502. Federal Excise Tax Exemption Certificme of Registry 84-6000587 is mostcral with the Collector of Internal Revamp Damon, Colorado (Ref. Colorado Revised Smtudes 1973, Chapter 39-26, 114 (a). Goals Rejected. GOODS REJECTED 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 art not in be replaced except upon receipt of written instructions from the City of Fan Collins. lnswedon. GOODS are subject to the City of Pon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, corwo, or equipment in response to this oNer car atilt in authorized payment an the part of the City of Fort Collins. However, it is to be understood that r FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments mlrst nd TOM,. City of Fort Colliru, 700 Wood St, Earn Collins. CO 80522, unless otherwise specified can this order. Ifpermission is given to prepay freight and charge separately, the anginal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the react distribution point b destination, and excess freight will be deducted fmm Invoice when shipments are made from gmata distance. Permits. Seller shall pr«ure at sellers sole rest all necessary permits, certffirma and licenses granted by all applicable Loss, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the walk is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees la hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by mason of ua asserted or established violation of any such laws, regulations, oNiwnces, rules and Impingements. Authorization. All parties to this comsat agree that the representatives are, in fact bow fide and possess full and complete nutbodty la bind said ponies. LIMITATION OF TERMS. This Pmchae Order expressly limits acceptance to the terms and conditions stated herein tit forth and any supplementary or additional terms and conditions annexed hereto err incorporated heroin by reference. Any additional or di@rmt terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete ahipmenl to arrive on your mamised delivery date as noted. Time is of the esse,e. Delivery and performance must be eB2ded within the time stated on the purchase order and the documents attached harem. No acts of the P,chaers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In He event army 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 damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresecuble which are beyond its reasonable control and without its fault of landigctbe, such acts of Gad, cars of civil or military, authorities, govemmenml Pound', Fees, strikes, Rood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Parch um r within five (5) days of the time when the, Seller first received A avlarge thereof. In the event of any such delay, the date of delivery shall be extended for the prod equal to the time acnully lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this oNer will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of art and competence in accordance with accepted standard for work of a similar an. The Seller agrees to hold the puboaer harmless fmm any loss, damage or expense which He pmohaa may suffer or incur on account 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 (I) year or within such longer period of time as may be prescribed by law or by the teats of any applicable warranty provided by the Seller after the data of acceptance of the goads famished hereunder ForaTance not in he unseasonably delayed), sculling from imperfect or di feclive work done or matenah famished by the Seller. Acceptance m use of goods by the Purchaar shall not conslimte a waiver of any claim under His warraty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages reasonably caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no went include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF Ffl'NESS FOR PURPOSE SHALL APPLY. 4_ CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal terms by wanner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thin legal terms, including additions to or delarer, firm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchase may at my time by written change order, temrinam this agreement m to any or all portions of the good then nod shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress Provided that the Purchaser shall not be liable for any claims for nnticipmed pmhts on the tificuloplewd ponion ofthe goods andsor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termiatircia shall relieve He Purchaer m the Seller of.y afd eirobfll uon, as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any about for adjustment must be averted within thirty (30) days from the date He change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fiunished in strict compliance with all applicable laws and regulations to which the goods are subject The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ere hereby incorporated herein by this refinance. 'I he Seller agrees to indemnify and hold the Purchaser hamdess from ail casts and damages Buff ed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wam.ts full, clear and urvatncted tide b He producer for all equipment materiah, and items famished in perform.ce of this agreement free and clear of any and all liens. restrain., reservations, watery interest encumbrances and claims of,heay. I L NON WAIVER. Failure of the Embosser to insist upon strict performance of the terms and conditions hereof, failure or delay to excrojive any rigors or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptable of or payment for goods hereunder or approval ofthe design, shall 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 strict performance hereof or any of its rights or remedies. to any such ofill , regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, mar shall any parponed ore[ modification or rescission of this pubhau order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ea antic practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Theretofore nfor good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchase, any and all claims it may now have or Ramada acquired under federal or sate am., laws for such overcharges relating Ira the particular goods or services purchased or acquired bathe Purchaser pursuant m this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pureoaser drivers the Seller to coma ...conforming or definitive goods by a date to be agreed upon by the Purchase and the Seller, and the Seller thebafler indicates its inability or unwillingness to comply, the Purchaser may cause the work N be pat ed by the most espechtiom mean available m it, rood the Seller shall Fay all costs enunciated with such wog. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the went of fault of negligence of the parry released and sholl variant to the directors, officers and employees ofsuch wry. The Sellers contaaual obligations, including warranty. shall not be domed to be redwed, in any way. because such work is performed err censorial be performed by the Purchaser. 14, PATENTS. WHenever the Seller is required Ip use any design, device, material or process revered by lane, patent tredmmark Or apai dip, the Seller shall indemnify and cave harmless the Purchaser from any and all claims for infringement by roan of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Pordtnser for any cost, eapense or damage which it any be obliged to pay by reomn of mIh inGringement at any time during the prosecution or are, the completion of the work. In case said equipment, or any pat thereof or the intended use of the gooks, is in such suit held to constitute infringement and the au of said equipment or part is enjoined, the Seller shall, at its own expense grad at its option, either prucure for the Purchaser the right to continue using said equipment or parts, willing the same with substantially eq.l but nordnfHnging empirical, or modify it so it becomes noninGnging. 15. MSOLVENCY. If the Seller shall become insolvent or benk,pt make an assignment for the benefit of creditors, appoint a I' trustee for any of the Sellers properly orbusiness, this order may foMwith be crowded by the ase Purchr without liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation of the agreement and the rights of all parties hereunder shall be comtrued under and governed by the laws ofthe State ofColorado, USA. The following Additioal Conditions apply only in cases Whom H< Seller ism perform work hereunder, including the smices of Sellers Representelim(s), on the premises ofothas, ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work At Seller's awn risk until the same is fully completed and accepted, and shall, in arse of any accident destruction or injury to the work aupor morals before Sellers final completion and trommanse, complee the work i t Sellers own expense and W the sadfacrian of He Purchaser. When matrals and equipment are fignuhed by others for in allema or =clean by line Seller, the Sella shall receive, unload, same and handle same a the site and become msponsible therefor as Haugh such marsh as&or equipment were being furnished by the Seller under the order. I S. INSURANCE The Seller shall, at his own expense, provide far the payment of workers compensation, including accupotloell disease bmnefics, to its employees employed on or in connection with the work covered by this purchase order. avNor to their dependents in accordance with the laws of the sure in which He work is to tr done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with MJily iigli y and death limits oral worst $300,000 far any one perxm. $500,000 for any e accident and property damage limit per accident of S4oQ1J00. The Seller shall likewise require his rats, if any, to provide for such compensation and insurance Before any of the Sellers or his employes shall do any work upon the pamima of others, Line Seller shall famish the Purchaser with a rertiftrete that such compensation rater wournnm have been provided. Such cenificmes shall specify the date when anch compensation and insurance have been provided. Such o rtifica s 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 work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire responsibility, and liability fm any and all damage, loss or injury i ferny kind r nature whatsoever to persons or property caused by or resulting from the execution oft the work provided for in this purchase order or in connection herewfH. The Seller will indemnify and hold hamtless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to 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 contractors, or any of the Sellers or remaetors oMo., agents or rmployal. In eau any mit or other prorebou s shall be brought against the Purehasa, or its officers, agents or employees at any time on account or by reason of any act, anion, neglect, omission or default of the Seller of any of his conmacmr. or any of its or their officers, agents or employees as allowing, the Seller hereby agrees to assume the defense Hereof and to defend the come at the Sellers own expense, to pay any and all costs, charges, attorneys fail, ad other expenses, any and all judgments that may he incurred by or obtained against the Purchaser, any of its nr He'm officers, agents or employees in such suits or other pr«eedwgs, and in cave judgment or other lien be placed upon or obtained against He property ofthe purchaser, of said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prec.tiow, furnish and instead all guard necessary far the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatimal Safety end Health Act of 1970 and all rules and regulations issued puts., memo. Revised 03Qo10