HomeMy WebLinkAbout538201 EXHIBIT DESIGN ASSOCIATES - PURCHASE ORDER - 9143190 (3)Fort Collins
Date: 08/07/2014
Vendor: 538201
EXHIBIT DESIGN ASSOCIATES
1269 CHASM ROAD
ESTES PARK CO 80517
PURCHASE ORDER
PO Number Page
9143190 1e1`2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FORT COLLINS MUSEUM
CITY OF FORT COLLINS
200 MATHEWS ST
FORT COLLINS CO 80524
Delivery Date: 06/09/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
z Change order 1
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@fogov.00m
1 LOT EA
2,263.27
Total $2,263.27
Pay terms net 30 days
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 smnlute the City of Fort Collins is exempt fmm stale and local taxes. Our Exemption Number is
11. NON WAIVER.
98-N502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to
Imemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39.26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder err approval curb, design, shall not release the Seller Of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped m due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage a transit, may be retuned m you for crmlim and not not coo be replaced except upon receipt of women
Purchaser to insist upon strict performance monfor any of its rights or remedies as to any such goods, regardless
instructions fmm the City of Fort Collins.
of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purNma d
and ma i ficalion or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fall Collins inspection on misvl.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in meWne m Otis order can fault in
12.ASSIGNMENT OF ANTITRUSTCLAIMS.
authorized payment on the pan of the City Of Fort Collins. However, it is to be undmtmxl that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimut
ACCEPTANCE isdepcndcnt upon completion ofall applicable required inqualionproeedures.
violations are In Net home by the Purchaser. Theretofore, for good cause and as consideration for caroming this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments mutt be F.O.B., City of Fen Collins, 700 Wood St, Fort Collins, CO 80522, unless
required under federal or state anlilrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, me original freight
purchased a acquired by the purchaser pursuant Io this plarrip a order.
bill mast accompany invoice. Additional charges for puking rill not be accepted.
RMANCEOF SELLERSOBLIGATIONS.
PURCHASERS PERFORMANCE
1f
Where mnnuf turers haw d inssi and as in aagom pans of the
t Pusand rr the Seller lertea nonconforming or detectivey a dale to be agreed on the
or debility
reds,
rs,caart rnheDistance.
d to.. I ..we when
expected for he nearest distribution point to datintion, and excess freight will be deducmed Irom invoice when
,
unmIloods
the a a fla ia Paref
Purchaser end the Seller, and the Sellery
Purchaser
mosindicateson inability a unwillingness to comply, the Purohaztt
shipments are made from greater distance,
the
may catse the work to be performed by the most expeditions morn mailable to i4 and the Seller shall pay all
casts azsacimed with such work.
Permits. Seller shall procure at sellers to cast all necessary permits, certificates and Interests ralnired by all
applicable laws, populations, nrdinaras and miss of the sate, municipality, mrrimay or political subdivision where
the work is performed, or required by any other duly cotslltumd public authority having jurisdiction over the work
of vendor. Seller further agrees Io hold the City of Fort Collins harmless from and against all liability and fuss
incurred by them by reason oran assured of established violation of any such laws, regulations, ordinances, rates
and requirements.
Amlo rizatlon. All parties Io this contract agree that the representatives are, in fac, bona fide aM possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions 'enter
bemin set forth and any supplementary or additional terms and conditions unposed berets or nourporated herein by
ul'erence. Any additional or ditTrrem terms and conditions proposed by sellar arc objected to and hereby rejeaed.
2, DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou sa., make complete shipment to orrice on your
promised delivery date n rated. Time is of the rexprim. Delivery and performance must be eRcaed within the time
sorted on me pumhme order and me documents attached hereto. No acts of rise Pmchacers including, without
limitation, acceptance of Earth late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
..it 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 firesa able which are beyond im remonable control and without its fault of negligence,
such acts of Gad, is .1 civil or military authorities, governmental prionties, fires, strikes, flood, 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 thereof. In the event of any such delay, the date of delivery atoll be
extended for the period equal to the lime actually lost by reason ofdw delay.
3. WARRANTY.
The Seller wampum, mat all goods, articles, materials and work covered by this order will to. 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 for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sulTer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost so the purchaser, any defects or faults arising within one (1) year Or within such longer perod of
time as may be prescribed by law or by the terms of any applicable warranty provided by me Seller ma the date of
acceptance of Use goad' founded hereunder (ecceplance not to be unreasonably delayed), rending from imperfect
or defective work done or melerils famished by the Seller. Acceptance or use of good by the Purchaser shall nom
ondimme a waiver, ofany claim under this xurtanry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately muud by Use breach of any of the foregoing warranties
or guarantees, but such liability shall of no event include Inss of p,.fill a lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the rams. Other than legal toms, including addition to or deletion, from
the quantities imumtly ordered in the specifications or drawings, by vernal or women change order. If any such
change affects the amount due or the time ofperformanc, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may to any time by written change adeq terminate this mr-norm as to any or all punion, 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 Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
pottion of the goods and/or work, for incidental or co eaquential damages, and that no such ad icarrat be made in
favor of the Seller with respect to any good which art the Sellers standard stock No such termination shall relieve
the Furehazer or die Seller ofany of their obligations m to any goad delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within rainy (30) days man the date the change or lamination is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good ure subject. The Seller shall execute and
deliver such documents n may be mounted to effect or evidence compliance. All lass and regulation required to be
incorporated in agreements of this character ore hereby arm ximp cd herein by Otis reference. The Sella agrees to
indemnify and hold the Purchaser hmmless form all toss ad damages suffered by Rie Purchaser az a mull of Ne
Sellers failure to romply with such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this order, or any monies due or to become due hemunder without the
prior written consent of the other Party.
10. TITLE.
The Sella warrants full, clear and unrestricted tide to the Purchaser for all equipment, matenals, and items burnished
in perfor mnce of this agreement, free and clear of any and all lien, restrictions, reservations, security interest
encumbrance it claims of omen.
The Seller shall release the Purchaser and its ambectors of any tier from all liability and claims of any nature
resulting franc the Performance of such work.
This release shall apply even in the event of fault of radigaw of the party released anal shall extend to Ne
directors, officers and employees of such pray.
The Sellers command obligations, including warranty, shall not be denied to be reduced, in soy way, because
such work is performed or caused to be Performed by due Purchaser.
14. PATENT'S.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
at copyright, the Seller shall indemnify and race harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or proomw in connection with the contract, and
shall indemnify the Purchaser for any cost, expmtse or damage which it may be obliged to pay by reason of such
announcement at any time during the Insulation or after the completion of the wad. In case said equipment, on
any pan thereof or the amended use of the goods, is in such suit held to constitute infrm,man t and doe use of
said emipmrnm m peon as ajoacd, he Sella shell, at its own expense it an its opfioa either procure far the
Purchaser the right to continue using said equipment or pans, replace the made with substantially equal but
noninGtnging equipment, or modify d an it becomes naninfringing.
15. INSOLVENCY.
If me Seller shall become insolvent or hmkmpt, make an assignment far the benefit of walnuts. appoint a
receiver or trustee for any of the Sellers property or business, this Order may forthwith be canceled by the
Panama without liability.
16. GOVERNING LAW.
The definitions of terms reed or the interpretation ofine agreement and me rights ofail Portia hereunder shall be
command under and governed by the laws of th<Sta¢ ofColom lo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services or Sellers Rquesenlutive(sk con Ne premises orations.
❑. 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 and/or material before Sellers final completion and
accepmmv, complete the work at Sellers own expense and to the musGmion of the Purchaser. When patrols
and ecorporal are famished by others for im allation or mecaion by One Seller, the Seller shall receive, Mood,
stare and handle same at the sue and became responsible therefor m though such material and/or equipment
were being famished by the Seller under the ordu.
18. INSURANCE.
The Seller shall, at his nun expense, provide far the payment of workers mmpemation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchau order,
and/or to their dependents in accordance with the laws of the sire in which me work is to be done. The Sella
shall also sorry comprehensive general liability including, but not limited m, eonuacrad rand automobile public
liability inurance with bodily injury and death limits orat lent S3W,tMp far any one person. SSWpYJ for any
aaidenl end proper damage limit per accident of SID0.000. The Seller shall likewise require his
corprocurp, if any, to provide for such compensation and insurance. Rfore any of the Sellers or his contranms
employees shall do any work upon the premises of other, the Seller shall famish the Purchaser with a certificate
that aach es-Wac mton and insurance have been provided. Stab cenincates shall ,pacify the date when such
compemmnon and insurance hove been provided. Such certificates shall specify the date he. such compensation
and insurance expires. The Seller stores that such compensation and insurance shall be maintained until after the
entire work is completed aM accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mspomibiliry and liability for any and all damage, loss or injury of my kind
r nture whomsoever an person or pmpcny canal by or resulting fmm the execution ofine work Provided for in
this puchase older or in connection berewith. The Seller will indemnify anal hold harmless me Purchaser and any
a all of the Putxhmas mficem, agents end employees from and against any aad all claims, losses, damages,
charges or expenses, whether direct at indirect, and whether to Famous or property to which the Purebasm may
be put or subject by reason of any act, action, neglect, omission or defoull oa the an of the Seller, any of his
contractors, or any of the Sellers or contractors onicas, agents or employees. In case any and or other
proceedings shall be brought against the Purchner, or its officers, agents or employees at any time on account or
by reason of any net, anion, neglect, omission or default of the Seller of any of his contractors or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
&fend the same at the Sellers own ce,mose, to pay any end all mss, charges, i na Toys fees end other expenses,
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or Rich officers,
Wants or employees in such suits or other pmceedags, and in a se judgment or other tin be paced upov or
Obtained against the property of me Purchaser, or mid parries in or n a result of such suns of other proreMings,
the Seller will at once cane the sonic to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety me uUW, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and replanions issued pursuant thereto.
Revised 07R014