HomeMy WebLinkAbout164002 LILEY ROGERS & MARTELL LLC - PURCHASE ORDER - 9131238City of
�F6rt Collins
Date: 08/14/2014
PURCHASE ORDER
Vendor: 164002
LILEY ROGERS & MARTELL LLC
300 S HOWES ST
FORT COLLINS CO 80521
PO Number Page
9131238 'l of 2
This number must appear
on all. invoices, packing
sli s and labels.
Ship To: DOWNTOWN DEVELOPMENT AU
#19 OLD TOWN SQUARE, SUITE
FORT COLLINS CO 80524
Delivery Date: 03/05/2013 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 Addendum to PO
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
1 LOT EA
50,000.00
Total
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 entraplions. By dome the Cilyof Fort Collinis exempt from state and local taxes. Our Exemption Number is
ILNONWAIVER.
98-04502. Fdeml Excise Tax Exemption Cenificzte of Registry 84-6000587 u registered with the Collector of
Failure of the Purtha or to insist upon strict perfommnn of the emu ad conditions hereaf, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Summers es 1973, Chapter 39-26, 114 (a),
exercia, any rights or remedies provided herein or by law, failure to promptly Mary the Seller in The cream of a
breach, the acceptance ofor Raymond for goods hereunder or approval Tribe design, shall not reless, the Seller of
Goods Rejected. GOODS REJECTED due to failure a meet specification, either when shipped or due to defects of
TOY of the warranties or obligations of This purchase order and shall non h deemed a waiver of my right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon matt performance hereof or my of its rights or remedies as to any such Rands, regardless
instmctions from the City of Ford Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryaned
oral modification in rescission of this purchase order by the Purchaser operate as a waiver of any of The terms
Inspection. GOODS are subject to the City of Fort Collin inspection on .rival.
hereof.
Final Acecpanre. Receipt of the merchandise, srnie ss or equipment in sesporee to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins, However, it is to be understood Then FINAL
Seller and the Rochester recognize that in actual economic practice, overcharges resulting fmm mutant.
ACCEPTANCE is dependent upon completion of ell applicable required inspection procedures,
violations arc in fact Some by the Purchaser. Theretofore fogod came and as consideration for executing this
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may taw have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unless
acquired under federal or state antitrust 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, The original freight
purchased or acquired by the Purehner parsuant to this purchase order.
bill must accompany invoice. Additional charge for packing will not be acnpred.
Shipment Distance. Where rearefacrosers have distributing Points in %anions pans or the coanrry, shipment is
expected form the nearest distribution point to destination, and excess freight will be ddumed from Invoice when
shipments are made from greater distance.
Permits. Seller shall praure of sellers sale cast all necessary permits, certificates and linmes captured by all
applicable laws, regulation, ordinances and rules of the state, municipality, territory or political subdivision where
The work is performed, or acquired by any other duly irrational public authority having jurisdiction over The work
of vendor. Seller fuller agrees to laid the City of Fan Collins hamless firm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinance, toles
nd requirements.
Authorization, All patties to this contract agree that The represenbdives are, in fact, bona file and possess full and
complete authority on bid mid pans¢.
LIMITATION OF TERMS. This Parches Order expassly limits acceptance to the or. and conditions staid
herein set foM and any supplementary or additional tern and conditions annexed hereto or incorpomud herein by
reference. Any additional or different tern and condition proposed by seller are &jeered to and hereby rejmted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyaa carman make complete sh formal to arrive on your
promised delivery dale as noted. Time is of The emente. Delivery, and padmmmnce men be elTeded within the time
stated oa the purchase order aud the documents attached hereto. No act of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall opera. as a waiver of this provision. In the event ofany delay.
Ne purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damagrs. However, the Seller shall nor be liable for damages as a .1, of delay,
due to muses not reasoambly foreseeable which are beyond its reasonable control and without its fault of negligence,
such ads of God, acts a civil or military authorities, governmental priorities, f s, snakes, flood, epidemics, won or
eon provided that notice of the conditions musing such delay is given to the Combat within five (5) days of the
time when the Seller f t received knowledge thrmf. In the event of my such delay, the date of delivery shall be
exteMd for the period mual a the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants Thar all grads, articles, materials and weak covered! by This order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
Moored with the highest degree of care and competence in accordance with accepted eari for work of a
similar nature. The Seller agree m hard the purebaur hamless firm any loss, damage or expense which The
Purchaser may suff or heart on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to The puchoeser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seiler after the dare of
acceptance of the goods fmishr hereunder (nuepmea, not to be unreasonably delayed), resulting hum imperflet
or delbcus, work done or materials furnished by the Seller. Acespmnce or use of goads by the Porchaer shall no,
constimdir a waiver of my claim under this warranty. Except as otherwise provided in This purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any, of the foregoing watmmin
or groin n era. bra such liability shall in no event include loss of psafirs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Pumhaer may its changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes a the temp, mMr Dun legal .ran, mclmhop addition a or deletican from
me quamitin originally ordered in me specifications or drawings, by venial or wrnen change ordm. If any such
lunge affects the amount due or the time Tfpci foomance hamoder, an equitable ad odlourt shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as many work or materials then in
progress provided Nat me Punhaur shall not be liable for any claims for anticipated Profits an me uaompletd
Portion of the goods author work, Im incidental or co mignatial damages, ad deal an such djntment h made in
favor of the Seller with respm to any goods which arc The Sellers standard stork. No such termination shall relieve
the Purchaser or the Seller of any ofdeev obligations an to any Roads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for djustment most be asserted within Nlrty (30) days from the date the change or nomination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, mid. delivered and fum¢hed in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be
ncoryamted in agreements of this chimer are hereby incorporated hcorm by This reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaer as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
,To wanton consent of the other patty.
IO.TITLE.
The Seller warrants bill, clew and unrestricted title to The Puchaser for all equipment, materials, ad items Mainland
m perfomance of Nis agreemem, free and clear of any and all lime, rntriniou, reaery no-, security interns
encumbrances and claims of.thers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller To correm nomanfoaming or defective goods by a date ro be eared upon by the
Pardoner and the Seller, and the Seller therm@r indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expdilious means mailable m a, and the Seller shall pay all
costs associamd with such work.
The Seller shall release the Perform, and its contractors of any tier from all liability ad claims of any Tatum
—Ohio, from The performance afsuch work.
This release shall apply even in the ecmt of fault of negligence of the party released and shall extend to the
dimeam, officers and employees ofsuch party.
The Seller's contractual obligations, including warmly, shall not be deemed to h reduced, in any way, because
such work is performed s r caused m h performed by the Purchaser.
14. PATENTS.
Whenever the Seller is iquird to use any design, device, material or process cm,and by lever, patrol, trademark
Or cop}Tighl• the Seller shall indenmify and save hamtleas the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, imd
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged la pay by reason of men
inGngemem at any time during the prosecution or after the completion of The work. In case said equipment, or
Troy pail thereof or The intended sea of The goods, is in such suit held IT mnsfimae infringernem and me arc of
said equipment or parr is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pads, replan the same wit substantially equal but
noninfringing equipment, or mdify it m o become noninfringing.
15. INSOLVENCY.
If The Seller shall become insolvent or baTThmpt, make an assignment for The benefit of creditors, appoint a
a haLee for any of the Sellers property or bosisess, this order may forthwith he canmled by the
Purchase, without liability.
16. GOVERNING LAW.
The definitions oftemts at or the interpretation ofthe agreement and the rights ofall panics hereunder shall M
combined under and governed by the laws of the State of Colored., USA.
The following Additional Conditions apply only in cases where the Seller is To perform work hemandm
including the smices of Sellers Represen.rivers), an the premise ofothrs.
10. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepred, and shall,
in se of any accident, destruction or undit, to the work and/m materials before Seller's final completion and
acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment are fmished by others for installation or ermbon by the Seller, the Seller sholl receive, inland.
mare and handle same at the sire and become responsible therefor n though such ma.rials ardor equipment
were being fumishd by the Seller under the order.
18. INSURANCE.
The Seller Shull, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work coverd by this purchase order.
ardlor to their dependents in accordance with the laws of the state in which the work is to M done. The Seller
shall aim tarry comprehensive geaoeml liability including, but most limited To, .—..I and automobile public
liability Lo ., with tidily injury and dcam limn. of at lent S300.000 for any one person, 5500,000 far any
coe accident and property damage limit Per accident of S400,000. The Seller shall likewise report his
mment if any, is provide for such compensation and resonance. 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 certificate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such card ficarrs shall specify dee date when such compensation
and insurance expires. The Seller agrees That such compensation and insurance shall be maintained until unit the
entire work is complded and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nmmes the entire msparesibiloy and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofhe work provided for in
This pumha, order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents ad employees fmm and against any and all claims, losses, damagess
chimera or nprnus, whether direct oa indirnt and whether To persons or property to which the Purchasm may
M put or subject by most of any act, action, neglect, omission or defnall not The pan of me Seller, any of his
omrazmrs, or any of the Sellers or cono-ecton officers, agents or cmployces. In eau any suit or other
proceedings shall be brought against the Pachaer, or its oRcers, agents ar employees at any time on account or
by reason of any act, action, neglect, omission or default of The Seller of any of his contractors or any of its or
Their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the mute at The Sellers own exp art a pay any and all costs, charges, atomeys fees and other expenses,
my and all judgments that may h incurred by in obtained against The purchaser or any of its or their oRcers,
agents or employees in such suits or other proceedings, aud in cam judgment or other lira be placed upon or
obtained against the property, of the Fomhae5 or mid ponies in in as a result ofsuch suits or other proceedings,
the Seller will an once muse The more 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 surety incising, but without limitation, the
Occupational Safety and Health Actor L970 and all toles nd regulations keaud pursuant Memo.
Revised 07f2014