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HomeMy WebLinkAbout414182 LYON ASSOCIATES - PURCHASE ORDER - 9140222 (2)of Fort Collins Date: 0811112014 Vendor: 414182 LYON ASSOCIATES 1612 LINDEN LAKE RD FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9140222 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/08/2014 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINUMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Lyon Associates 1 LOT EA-5,600.00 Reduce Funds Available 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 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 1COMMERCIAL DETAILS. I:ax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502, Federal Excise Tax Earramoon Certificate of Registry, 84-6000587 is regl,rmd with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Culorado (Ref Calmar. Revised Sammi, 1973, Chapter 39-26, 114 po exercise any rights or remedies provided heein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment Jet goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet sped ficatiom, either when shipped or due to defects of any of the warranties car obligation of this purchase order and shall not be deemed a waiver of any right of the damage in nowt, may b, returned to you for credit and are not to be replaced except upon meop, of women purchaser to insist upon strict performance hereof or my of its rights or remedies as 10 any such goods, regardless instructions form she City of fort Collins. of when shipped, received or accepted, m to any prior or subsequent default havado nor shall my purported oral moth! Lion or scission of this purchase order by the Purchma operate as a waiver of any of the terms Impectian. GOODS are subject to the City of Too Collins inspection on arrival. hmof. Final Acceptance. Receipt of the merchandise, scrame s or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nnthansed payment an the Pan of the City of FortCollins. However, a is to be understood 'bar FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures. viufatians are in the, bone by the Purchase, Theretoforenfar goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St,, Fort Collin, CO 80522, unless acquired under (round or sate antitrust law,, for such overcharges relating to the particular grads or services otherwise specified oa this We, If permission is given 10 peep y freight and charge separately, the original freight purchased or acquired by the Purchaser purshount m this puahne order. hill mnst accomnanv invoice. Additional chorea for mekinn will not be accented. Shipment Distance. Wbem maeufactumn have distributing Paints in various pans of the country, shipment is expected from the nemest distribution point to deduction, and excuse freight will be dedudW form Invoice when shipments are made from greater distance. Ponam, Seller shall procure at sellers sale cost all necessary ponam, calfines nod licenses acquired by all applicable laws, cuguldone, cad-- and soles of the sate, municipality territory or political subdivision where the work is performed, or required by any other duly continued public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collin livmless from and against Al liability and loss ncurml by them by reason of an asserted or established violation agony such laws, regulation, ordinariness, mots and requirements. Auffam a me. All pales 10 this contact agree that the repre,entatives are, in fact, bona fide and possess full and omplete authority In bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limbs namptunm N the terms and mnd,lirm, stated herein set forth and any supplementary or additional terms and conditions annexed hereon or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou ..at fake complete shipment to anive on your promised delivery date as noted. Time is of the essence. Delivery and Performance mast Eric effected within the fine sand on the purchase order and the it.... mached herein. No aB of the Purchasers including, without limitation, acceptance of period late delivenes, shall operate to a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable numerics, the option of placing this order elsewhere and holding the Seller liable for damages. floweret, foe Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, ect of civil or military authorities, 6 vemmaal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the condition coning such delay is given to Be Purchaser within five (5) days of the time when the Seller firs, received knowledge thenaL In the evert of my such delay, the date Of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, comics, mamninls and work covered by this order will common, with applicable drawings, specifications, samples author other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandanls for work of a mile more. The Seiler agrees to hold be purchaser, harmless from any loss, damage or expmae which me Purchaser may suffer or cartoon mroant ofthe Sellers breach ofwarrdnty. The Seller shall replace, repair or make goad, without cast to the purchaser, any defect or faults mining within one (1) year or within such longer perod of time m may be psetibed by law or by the terms fany applicable waronry pmvided by the Sella after the dam of acceptance of the goods furnished hereunder (mceptance not to be communicably delayed), sulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall or oerimte a waiver of any claim under this warranty. Except n otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately camel by the breach of my of the fompang warranties or guarantees, but such liability shall in no event include loss of prof , or foss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal wmss by wiinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhasrmay make any changes to the terms, other than legal terms, including additions to or deletions form the gnmm¢sorillmal ly ordered in the specificutiuns or drawings, by verbal or writer cliange order. If any such change affects the amount due or the time of pmfimmince hereunder, an equieMe adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by winner change order, mmmimam this agreenr m as ao any Or all punions of the good then not shipped, subject o any equitable djuument between the pmies as to my work or material, then in progress provided that the Pumhmer shall not be liable for any claims for anticipated prefts an the uncompleted fiction ofthe good andlor work, for incidental or cutagaential damages, and that no such djumeare t be made in favor ofthe Seller with respect to any goods which ate the Sellers salldaN stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligation m to any goods delivered bereunda. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be azsencd within thirty (30) days from the date the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seller warmnts that all goads sold hereunder "I have ban produced old, delivered and furnished in atria compliance whir all applicable laws and regulations to which the goats am subject The Seller shall execute ad deliver such documents as may be required to effect or evidence compliance. All laws and regulatiom required to be incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither putty shall assign manf c. or convey this order, or any monies due or to become due hereunder without the poor wriaen onsol of lire other parry. 10. TITLE. The Seller wmmnts full, clew and constricted title to the Purchaser for all egaipment, materials, and items furnished in performance of this agreement, free and clear of any and all lien, matnctior, reservations, security interest encumbrances and claims Of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direms me Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and fire Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to be puritanical by the most expeditious means available to it, and the Seller shall pay all costs asso,rdd with such work. The Seller shall relent the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance of such work. This relearn shall apply even in on, ,,air of fault of negligence of the parry cultured and shall extend 10 the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemd he be real in any way, became such work is performed or caused 1r be prfarmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by leto, patent, badenark or copyright, the Seller shall indemnify and save ha ncless the Purchaser from any and all claims for infringement by reason of tom me of such patented design, device, material or process it connection with the eantacL and shall idelmify fire Purchaser fur any cast, expense or damage schwa it may be obliged to pay by reason of such inGngernal at my time during the prosautlon or after the completion of me work. In rase said equipment, or any pan thereof or the intended ne of the goods, is in such suit held so constitute infringement and the me of said cognitional or pm is enjoined, the Seller shall, at its own expense and at its option, either proton, for the Purchaser the right to continue using said equipment or pans, replace the same wish substantially equal but nonlnfringing equipment, or modify it so it becomes ooninGnging. 15. INSOLVENCY. If me Seller shall become insolvent or bankrupt, make an assigmnem for the benefit of creditors, appoint a nerowa or tmsom for any of the Sellers property or bniners, this miter may forthwith be canceled by the Pomhaser without liability. 16. GOVERNING LAW. The definitions of term need or the interpretation ofthe agreement and the rights of all proles hereunder shall be onsnmed under and govemed by the laws afthe State of Colonado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of StIlers Rep armallve(s), on the premises v foshers. IT. SELLERS RESPONSIBILITY. The Seller shall OmY on said work at Selleex awn risk until the same 6 fully omplmed and sccepted, and shall, a. au of any accident, destruction or injury to me work and'or mammals before Sella, for.] completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and ryuipment are famished by others for irsoothdam or erection by the Sella, the Seller shall receive, unload, stare and handle same at the site nod become responsible therefor m though such materials under equipment were being famished by me Seller under the order. .. 18. INSURANCE. The Seller shall, at his own expense, provide for the Royarnl of workers comparssatiom including oeeuptioeaal disease bcncfm. a its employees employed on or in formation wish she work coveted by this purchase order, ani to their de uedenas in nexodmre with th, sows of the sate in other Ne work u an M done. The Seiler shall also carry comprehensive geneal liability including, bur not limited an, mmractml and automobile public liability insurance with bodily injury and death limits of a, hem, s3,W 0,00o for any one person, $50for my one accident and property damage limit Per accident of $400,001 The Seller shall likewise require his iI any, to provide for such compensation and insurance. Before any of the Sellers Or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a caffirse that such compensation and insurance have been provided Such certificates shall specify the rime when such compenmion and insurance have ban provided. Such certificates shall spaily she date when such compensation and assurance expires. The Sella agrees that such compensation and insurance shall be maintained mail after the entire work is ompleled and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the main, responsibility, and liability for any and all damage, loss or injury ofany kind or nature whatsoever m persons or property caused by or resulting from the exaction of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or exposes, whether direct or indirect, and whether to person or property to which the Purchaser may No put or subject by reason of my ace action, neglect, omission or default an the pan of he Sella any of has contactors, or my of she Sellers or contractors office. agents or employees. In case any suit or order proceedings shall he brought again, lire Purchaser, or its office, agents or employees at any time on su coun, or by mason of may am, aclion, neglect, omission or default of lire Seller of any of his contractors or my of its or their ofice, agents or employees n aforesaid the Seller hereby agrees to nsume the defense therm( and to defend the same at the Sellers own expense, to pay any and at I cost, charges, mo meys fees and other expenws, any and all judgment that prey be incurred by or obtained again,, the Pomhome or any of its or their officers, agents or employees in such suits or other praeedimp. and in case judgment or other lien be placed upon or cabinet against he property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will in once came the same to be, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety pmcoutione, fmish and install all gmrds necessary for she pmvention of accident, comply wish all laws and natimn with regard to safety cloth,. but wishom In.,.., the OccuWtional Safety and Health Act of 1970 ad all soles and reguldom issued pursuer therein. Revised 07nOl4