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HomeMy WebLinkAbout432744 ROCKET JONES INTERACTIVE - PURCHASE ORDER - 9143260PO PURCHASE ORDER 914326er Page CI�/Of 9743260 t°fz ' `thisnumber must appear ` Collins1 1�7 on all invoices, packing sli s and labels. Date: 06/10/2014 Vendor: 432744 Ship To: ELECTRIC UTILITIES ROCKET JONES INTERACTIVE CITY OF FORT COLLINS PO BOX 2091 700 WOOD ST FORT COLLINS CO 80522 FORT COLLINS CO 80521 Delivery Date: 06/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price MyClimateWise Redevelopment 1 LOT LS 2,555.00 and Improvement 7027 Utilities Web Site Services 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. To. exemptions. By statute the City of Fon Collins is exempt from sfm and larad tax.. Our Exemption Number is I I. NON WAIVER. 98-04502. Frkeral Excise Tax Exemption Cer ifcam of Registry 84- 587 is mgmcred with the Collator of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to Internal Fee e..c, Denver, Colorado (Ref. Colorado Raised Statuses, 1973, Chapter 39-26, 114 filk exercise any rights or remedies provided bererd or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval offfe design, shall not elease the Seller of Grad Rejected. GOODS REJECTED due to failure as meet sperificauom, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be domed a waiver of my right of the damage in transit, may be n mmul to you for credit and are not to be replaced except upon receipt of wrinm Purchaser to insist upon strict performance hereof or any pros rights or remedies as many such goods, regardless instmctions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default herewder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof. Find Acceptance. Receipt of the merchandise, u m or equipment in response to this offer canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhmired payment oa the pan of the City of fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, o emharges resulting from wainnw ACCEPTANCE is dependent upon completion Ofall applicable required inspection precomins. violations are in fact home by the Purchmes,Theretoforenfotr good cause and m consideration for executing this purchase order. the Seller hereby assigns to the Purchaser my and all claims it may now, lave or hereafter Freight To... Shipments most be ROB.. City of Fort Collins, 900 Wood St., ran Collins, CO 80522, unless acquired under federal or auto antitrust laws for such overcharges relating to the particular good or sendem Otherwise specified on this order If permission is given to prepay height and charge separately, the original freight parchased m acquired by the Purchaser pursuant m this purchase owes bill must accompany inhvire. Addidonal charges for Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in carious parts Of the country, shipment 6 expected from the nearest distribution paint to d.tiation, and excess freight will be deductrk form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, conform, and licenses required by all applicable Incas, regulations, ordinances and poles Of the state, municyaliy, temtory or Pat subdivision when the work is perforated, or required by any other duly constituted public authority having jurisdiction Over the work of vend.,. Seller further agrees to hold the City if Pan Collins min less from and egninst sell liability and loss incurred by them by reof an assend or established violation of any such laws, regulations, ordinances, tales ason d requirement. Authwination. All parties m his comract agree that the represen nixes ate, m fact, bona fide and pa tic. full and complen, whom, to bind said ponies. LIMITATION OF TERMS, This Pmcham Order expressly limits acceptance to the Items and wditimrs sated herein set forth and any supplementary or a kidiorol miras and can or. aunexed here. or incorporated herein by reference. Any additional or difrerom terms and condition proposed[ by seller arc objected W and hereby trisected- 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot nuke complete shipment to arrive on your premised delivery date as noted. Time is of me essence. Delivery and performance must be effected within the time stated oa the purchase order and the documents matched harem. No acts of the Penn.,, including, willow, limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, Ibe Purchaser shall have, is 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 m it result of delays due us cw,sm not reasonably foreseeable which are beyond its reasonable comind and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, hand, epidemics, wars or riots 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 Ihcraf. In the event of any men delay, the dam of delivery shall be extended for me period equal to the time annually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants than all good, Orkin. materials and work roved by this offer will conform with applicable drawings, specifications, samples awfor other dacriptios given, will be fit for he purposes intended, and performrk wins the highest degree of cart and oompmmce in accordance wins accepted staMards for work of a similar nature. The Seller agrees to hold she purchaser hannat from any lass, damage or expense which the Purchaser may surferor incur on account of the Sellers breach of wamanry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer peril of time m may be pme nbed by law or by the terms Of any applicable warranty provided by the Seller after the date Of acceptance of the good famished 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 o onfar a waiver Of Say claim under This warranty, Except as otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ro rrvmies or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMIS. Tim Purchaser may make changes a legal It. by wnttm change order. 5. CHANGES IN COMMERCIAL TERMS. The Parchaser may make my changes to the tens. other than legal form, including additions to or deletion fmm the qumtifrs originally ordered in he wa rifcatios or drawings, by herbal or woman change order. If any such change officers the amount due or the time of perfomame hereunder, an equitable adjustment shall IN made. 6. TERMINATIONS. The Purchmer may at any time by wren change order, terminate this agreement m to any or all portions of me goads into not shipped, subject to any equitable adjustment between me parties m to any work or materials then in progress provided that the Purchaser shun no, be liable for any claims for anticipated profits on the one ... plened pon..n of the good and/or work, fur incidental or consequential damages, and that no such :djustme:u be node in favor Of the Seller with respect to any goods which arc the Sellers standard stook. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmmt mud be trammed within thirty (30) days from me des¢ the change or Irradiation is ordered. 8. COMPLIANCE WITH LAW. The Seller warants mal all good sold hereunder sMll have been produed, cola delivered and ftunishd in s.0 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 mfulatios required to be incorporated in agreements Of this character are hereby incommised herein by his reference. The Seller agrees on indemnify and hold the purchaser harmless from all casts and damages sufficed by me Purchaser as a remit of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, transfer, or convey this ode,, or any monies due or to become due hereunder without the prior written consent Ofthe other Perry. 10. TITLE. The Seller warrants full clear and umenamed title to the Purchaser for all equipment, materials, ark items fumishrk in performance of this agreement, free and clear of my and all him. restrictions, resmano., meant, interest mi umbanca ad clams of ame, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifhe Purchaser directs the Seller to correct rwmanforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Turfman may cause the work to be perf.wed by Be most expeditious m<a. available to it, and the Seller shall Pay all vows ussaiatd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the performance of such work. This release shut apply even in the event of fault of negligence ol'the party ¢leased and shall extend a the directors, ofiren and employees of such party. The Setters contractual obligations, ineluding warranty, shall not be deemed to be reduced, in Bay way, because such work is unfomtW or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is enquired to use any design, device, material or process covered by lane. parent madcaark r copyright, den Seller shall indemnify and save harmless me Purchaser been any and all claims for infringement by reason of me we of such patented design, device, material or proeess in connection with the contract, and shall indemnify the Purchase, for any cost, expense or damage which it may be obliged to pay by reason i fmch infringement at any time during the prosecution or after she completion of the work. In cue said equipment, or any pan hereof or the intended use of the goad, :s In such suit held m mundane Infringement coal the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right he continue using said equipment or pans, replom the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the Imperil of creditors, appoint a firever or wsme far any Of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Its. GOVERNING LAW. That, di famiom ofrems mark air the interpretation i frhe agreement and thc rights of all parties Reminder shall be corswd under and Ewemed by the Uses of me Sate of Colorado. USA. The following Additional Cmdans apply only in reser,when me Seller u to Farm. work hmcurder, including the services nl5ellon R forma ative(s). oa he pmerma of others. 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 e of any accident, dempoclim or injury to he work ardor materials before Sellers final completion and ere aaroo, complete the work at Sellers own expense and m the smi,finum Of the Purchase,. When mmaials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own extreme, provide fen the payment .f workers compeer rim, including nccupatiwed disease benefits, to its employees employed on or in connection with the work covered by this purchase order, =Nor to their dependents in acenrdance wish the laws of the state in which rho work is to be done. The Seller shall also entry comprebemivc general liability including, but not limited to, contactual and automobile public liability insurance wih buddy injury aM death here. of an least S300.000 for any me person, S500POo fen my one accident and property damage limit per accident of sgt10,t100. Tic Seller shall likewise require his anrracmrs, if any, m provide for such mmpm on and insurance. Before any of me Sellers err his marar ors employees shall do any work upon me premses of others, the Seller shall famish the Porchmer with a madame that such compensation and w a onn a have been provided. Such certificates shall specify me date when such mpemi.ad have ben provided. Such certificates shall specify the date when such compensation and inurmme expires. TTm Seller agrees that such compensation and immature shall be maintained moil wmr the entire work is completed nerd accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire respommiliry and liability for any and all damage, lass or injury of my kind or nature whatsoever to person or property caused by or resulting from the execution of me work Provided for in this Purchase order or in connection herewith. The Seller will idemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and againt my and all claims, losses, damages, charges or r,,,mes. whether direct or mdimm, and whether a pwa m or pmpmy an which the Purchaser may be put or subject by mown of my act a,do.. neglect, omission or def net, on the pm of the Seller, my of his ennwetors, or my of the Sellers or confdcmrs officers, agents in employees. In age any suit or other proceedings shall be brought against the Purchaser, ar its Offers, agents or employees in my note on account or by reason of any act, action, neglem, omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees u aforesaid, the Seller hereby agrees to resume the defense thereof and as defend he same at she Sellers awn expense, in pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lira be placed upon or obtained against the property of the Parehaseq or said parries in or as a result of such suits or offer 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 safely precaution, fumish and instil all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupauoal Safety and Health Act of 1970 and all rates and regulations issued pursant thereto. Revised (UnOU)