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HomeMy WebLinkAbout151325 TERRY PALMER STAGE SERVICES - PURCHASE ORDER - 9143398Fort Collins Date: 06/17/2014 PURCHASE ORDER Vendor: 151325 TERRY PALMER STAGE SERVICES 7429 W COUNTY RD #12 LOVELAND CO 80537 PO Number Page 9143398 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/17/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Senior Center 1 LOT LS Dance/Fitness Room Furnish labor, materials and equipment to install the AA/ equipment as per quote dated January 23, 2014 and per phone conversation June 13, 2014. - materials - $6,783.00 - labor - $3,000.00 total - $9,783.00 approved total = $9,500.00 agreed upon per conversation of 6/13/14 to complete work contact: Brian Hergott ph# 970-221-6804 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 9,500.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Eon Collim is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is regomeM wiTh ,be Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to men spmifications, either when shipped or due To defects of damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of warren connotations fmm The City of Fan Collins. Inspouice. GOODS an, subject o The City of Too Collins inspection on arrival. Fear l Acceptance. Receipt of the merchandise, services or equipment in response To this color can result in authmizM payment on the pan of the City of Fort Collins. If... it is To Be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments mail Be P,O.B.. City of Fan Collins, 700 Wood SL, Fan Collins, CO 80522, unless otherwise specified on This order. If permission is given to prepay freight and charge separately. The anginal freight bill must accompany invoice. Additional ranges for packing will riot Be accepted. Shipment Distance. Where manufacturers have distributing points in various pews of The country, shipment is expected final the coma, donfibmion point To dcninuion, ad excess freight will be dedil final Imgice when ,amemts ate made from greme, disance. Permits. Seller shall mature in sellers sole cast all normal pennin, cenifcares and freesia, required by all applicable laws, regulations, ordinances and rates of the staff municipality, factory or political subdivision where The work is Performed, or required by any other duly continued public authority havingjamdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by remora of an assents or esublishM violation of any such laws. regulation . ordinances, rates and requirements. Authorization. All Notes to this contract agree that the representatives are, in fact, bona Ode and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tenor and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condilions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to pence on your promised delivery date as noted, Time is of the essence. Delivery and performance all be eBccted within the time stated on the purchase Order and the documents attached heath No acts of The Parents... including, without Invitation, acceptance of poni:d [ale deliveries, shall operate as a waiver of this provision. fit The event of any delay, The Purchaser shall have, in addition m 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 foreseeable which arc beyond its reasonable control and without its fault of negligence, such am of God, acts ofeivil or military anlhodries, govemmernal priorities, fires, stokes, flood, epidemics, wan Or pals provided teat notice of the conditions causing such delay is given to the Purchaser within five (5) days of The time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far he email egol to he time accost ly lost by reason of the de]ay. 3. WARRANTY. The Seller warrants that all gows, aniclo, materials and work covered by This older will conform with applicable drawings, specifications, wandes rural other descriptions given, will be, fit for The proposes intended, and performed with The highest degree of care and competence in accordance with accepted standards for work of a filar nature. The Seller agrees to hold The purchamr bermlas fmm any ton, damage or expense which the Purchaser may rather or incur an account of the Sellers breach of ou fnty. The Seller shall replace, repair ar make good, without cost to the puechaseq any debecis or f la ansing within one (1) year or within such longer pmod of time as may be presented by law or by the tomes ofany applicable warranty provided by the Seller after The date of acceptance of The gook f iahM hereunder (aceepeance not to Be unrtawTubly delayed), reaching fmm inquirer or defective work done or materials fumishM by the Seller. Acceptance or use of good by the Pu u shall nth masrimm a waiver of any claim under This warranty. Except as Otherwise provided in Nis pnmhas order, the Sellers liability hereunder shall extend to all damages Fulsomely caused by the bench of any of the foregoing wmrmties or gnamentess, but such liability shall in no event include lass of profTs an Ins ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pnrchue, may make changes To legal main by written change .,do,. 5. CHANGES IN COMMERCIAL TERMS. The pardoner may make any changes to Ne tomes, more Im n board temp. ircludmg wi inmu m m order— from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change ateca the amount due or the time of performance hereunder, an equitable Mjatment shall he made. 6. TERMINATIONS. The Purchase, may at any time by written change order, aluminum This agreement as to any or all Nrtiom of the gook then not shipped. subject To any, equitable adjustment Between the ponies as m any work or mammas then in progress provided that the Purchaser shall not a liable for any claims for anticipated pmfts on The maompleted portion of the gook and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers wormed stork. No such termination shall relieve the Purchaser or the Seller of any of their obligation to to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjmemrn, must be asserted within thirty (30) days from the data the change or termination is ordered. 8. COMPLIANCE WTI IT LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations am which the goads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required To Be nca,mmed in agreements of his character are hereby incotpormed herein by his reference. The Seller agrees to indemnify and hold the Purchase, harmless from all costs and damages offered by the Purchaser as is resin, of the Sellers failure to comply with such Inc. 9. ASSIGNMENT. Neither party shall resign, number, or convey this order, or any monies due or To became due hereunder without the poor wainen consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and anticipated title To The Purchaser for all equipment, materials, and items fiunlshed in performance of This agreement, fare and clear of any and all liens, restrictions, reseratiman. security, commor encumbrances and claims of ounces. 11. NON WAIVER. Failure of The Purchaser to insist upon stria Performance of the ferns and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to varep'), notify The Sella m the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not elease the Seller of arty of the warranties or obligations of this purchase order and shall not Be dremM a waiver of my right of the purchaser to insist upon firlct performance hereof or any of its fights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any postponed oral modification or rescission of This purchase order by The Partner operate n a waiver of any of The terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and The Furchuer recognize That in actual economic practice, overcharges resulting from gravel violations art in fuel home by The Purchaser. Therefdom far good camas NOT as consideration for executing this purchase order, the Seller hereby auign ro the Purchaser any and nil claims it may now have or hereafter acquired under federal or stare antitrust laws for such overcharges totaling to The particular goods or services purchased or acquired by the Purchaser purmanT to This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If The Purchaser Taxes the Seller a correct rTmnfiforsaing or defective goods by a date to xagreed upon by file Purchaser and the Seller, and The Seller Tlareater indiwTes its inability or unwillingness To comply, The pumhasce may cause the work m be performed by The mo , expeditious means available To it, and The Seller shall Pay all ask associated with such walk. The Seller shall release The Purchsser and its comnmaors of any tier fmm all liability and claims of any nature resulting fmm the Performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to The directors, officers and employees ofsueh ram. The Sdkrs comenuml obligations, including woman, shall act Be ground to Be reduced, in any way, because such work is performed or caused to Be performed by the Purchaser. 14. PATENTS. Whenever,he Seller is requital to me any design, device, material ar process covered by letter, pareal, Trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fur mf figemem by reason of the use of such urated design, device, material or praxes in connexion with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged To pay by remain of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any an thereof ar the intended use of tee goods, is in such mit held To ronmimro inGngement and the use of said equipment or pan is enjoined, the Seller shall, al i,, .,it expense and at its option, either proctor far the Purchaser the right To continue in, and equipmen or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a clver or uuny sfe far aof The Sellers property ar business, this order may forthwith Be canceled by de Purchaer without liability. 16. GOVERNING LAW. The definitions oftener moral or The interpretation of the agreement and the rights of all parties hereunder shall be consmned muter and governed by the laws ofNe State of Colorado, USA. The following Additional Conddions apply only in cues whom the Seller is m perform work hereundo, including The services of Sellers Repraena,ive(s), on the from. dothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry m said work, al Sellers own disk until the come is (ally completed and accepted, and shall, in cause of any accident, duwction or injury to The work and/or mmena6 beta Sellers foal completion and acceptance, complete the work at Sellers awn expense and to The satisfaction of The Purcha vr. When commas and equipment art furmmlshM by others for installation at motion by tee Seller, the Seller shall receive, actual, sore and handle same at the site and breathe respmesible therefor as though such malenals amVm Equipment were Being Enriched by the Seller under The ordar. IS -INSURANCE. The Seller shall, at his own expense, provide for the payment of workers comp rmation, including occupanool disease benefits, to its employees employed an or in connection with the work coaxial] by this purchase order, andsor in Their dependents in accordance wit The laws of the state in which the work 6 in Be done. The Seller shall also rang compreMmiver general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any are accident and property damage limit per accident of SmOd". The Seller shall likewise require his commetors, if any, to provide for such compensation and imumrem. Before any of tee Sellers or his contractors employees shall do any walk upon the premise of odors, the Seller shall Tamura the Purchaser with a certificate That such compensation and insurance have been provided. Such certificates shall specify The date when such compensation and insurance have been provided Such muifcaas shall specify the rite when such comp fion and inuance expires. The Seller agrees That such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmes the entire mquar sibilay and liability for my and all damage, lass or injury of my kind or nature whatsoever to persons or property roused 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 the Purchaser and any r all of the Purchown, 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, my of his onlmctors, or any of the Sellers or contractors officers, agents or cmployces. In case any suit or other proceedings shall be brought againt the Purchaser, or its officers, agents or anplueees at any time on account or by reason of any act, action, neglect, omission or defiull of the Seller of any of his contractors or any of its or their oRcers, N,ms or employees as aforesaid, the Seller hereby agrees to assume the defense Thereof and to defend the same at Sellers own 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,,, or Their officer, agents or employees in such suits or other proceedings, and in cast judgment or other lien be placed upon or obmieM against the property of the Purchaser, or said ponies in or as a result ofsueh suits or other pmceNings, de Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his coutmcmrs shall Take all safely precaulime, famish rind imtall all guard necessary for The prevention of accidents, comply with all laws and regulation with regard to safety including, but without IimiTanom, the Ocmpatiool Safety and Health Ad of 1970 and all mles and regulations issued formal thereto. Revised 03R010