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HomeMy WebLinkAbout488920 TEXAS SCENIC COMPANY INC - PURCHASE ORDER - 9144802Fort Collins Date: 08/1912014 Vendor: 488920 TEXAS SCENIC COMPANY INC PO BOX 680008 SAN ANTONIO TX 78251 PURCHASE ORDER PO Number Page 9144802 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 08/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Loftblocks per Quote 8114/14 1 LOT LS 10,860.00 2 Estimated Freight 1 LOT - LS 350.00 Total $11,210.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Calomdn Revised Statutes 1973. Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defat, of damage in transit, may be retuned no you for credit and are not to be replaced except upon receipt of non ten instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Collins inspection on anivol. Final Acceptance. Racipt of the machandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fart Collins. Howxva, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Farm Collins, CO 80522, unless otherwise specified on this order Wpermission is given to prepay freight and charge separately, the original freight hill must accomnanv invoice. Additional clauses for vackime will not be serrated. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment u expected from fie nearest distribution prior to destinmirm and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary, Permits. ecrtificat, and licens, required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public author, having jurisdiction over the work of vendor Seller fuller agrees to hold the City of Dan Collins harmless from and against all liability and loss incurred by them by rcama of an asserted or established violation of any such laws, regulations, Or.., rules and requiremm a. Armorintio, All Furies to this contract agree that the representatives are, in fact, bona tide and possess full and complete authority m bind said panics. LIMITATION OF TERMS. This Pureh. Order expressly limits acceptance to the menu and conditions stated herein set fanh and any supplementary car additional nemas and condition annexed hem. or inemparted heroin by reference. Any additional or different erms and conditions Proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to enter on your promised delivery date as noted. Time is of the essence. Delivery and Performance most In effected within the time stated on the purchase order and the cucumenr, attached hereto. No eas of the Purchasers including, without limitation, acceptance of panel late deliveries, shall made as a waiver of this provision. In the rent army delay, the Purchaser shall have, in addition to be, legal and equitable remakes, the option of placing this order elsewhere and holding the Sena liable for damages. However, the Sella shall not be Roble for damages as a rub of delays due to causes not reasonably foreseeable whim are beyond its reasonable mntml all without its fault of negligence, such acts of God, acs ofeivil or military authorities, governmental priorities, fins. strikes, flood, epidemics. wars or no. 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 ktmwledge thereof. In the event story such delay, the dam of delivery shall In extended for the period equal 1. the time actually loll by mason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and wood, covered by this order will of.. with applicable drawings, specifications, samples =Nor other descriptions given, will In fit for the purposes intended, and performed with the highest degree of care and over,p re in nmrdance wit ncepted standards for work of a mile nature. The Seller agrees to hold the purchaser harrand. from any loss, damage or expenu whim the Franciscan may sufferer human aza., of the Sellers breach of uumnty. The Sella shall replace, repair or make good, without mar to the purchase, any def . or faults arising within one (1) year or within such longer period of time n may be prcnbed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (nMo. not to be umeanwbly delayed), moulting Gam imperfect or defective woes: done or materials famished by the Sell,. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warmay. Except as mansviu provided m thin purchase radar, the Sellers liability hereunder shall extend to all dzmaga proximately caused by the breach of any of be foregoing wanvmice a guarantees, but such liability shall in no event include loss of profrs or loss of am NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES n4 LEGAL TERMS. The Purchase( may make changes to legal lam. by written change order' 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the temti, other than legal eons, including additions to or deletiam from the gnntitiesmiginally ordered in the specification or drawings, by verbal or ammen change order. If any such change aftero, be amount due or the time ofperfommce hereunder, an equitable edjusttnmt shall be made. 6. TERMINATIONS. The Nmbawr may at any time by which change order, t,mimte this agreement as to any or all paniom of the goods then not shipped, subject to my equitable adjustment belueen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pro0s on the umnmpletd portion ache goods andson work, for incidental or consequential damages, all that no such adjustment be made in favor of the Seller with respect m any gouts which art the Sellers standard stock. No such ,—motion shall relieve the Purchaser or the Sella of any oftheb obligations as to any goads delivered hacumkr. T. CLAIMS FOR AD3USTMENT. Any claim for adjunmmr must In asserted within thirty (3G) days firm the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance, All laws and regulation required to In ncapommd in agreements of this character me hereby incorporated herein by this reference. The Seller agrees la 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 parry shall assign number, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mmerls, oral imms furnished in performance of fis agreement, free anal clear of any and all liens, restrictions, reservations, security interest mcumbmnces anJ claims of others. ILNONWAIVER. Failure of the Purchas, to insist upon strict performance of the terns and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance of or payment for goods hereunder or approval oftM1e design, shall not releas the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hanfor any of its rights or ranedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opera¢ as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual arramic practice, overcharges resulting farm marmmt violations arc in fact home by the Purchaser. Theretofore, for good cause end as consideration for...word, this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services purchased or acquired by the Purchaser pursaant to this purchase ma a. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective games by a date W In agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser may cause the work to be performed by the most expeditious menus available to it, and the Sella shall pay all cos. tonsimed with such work. The Sella shall release the Purchaser and its conessm..f any tier farm all liability and claims of any mlure resulting from the Performance ofsuch work. This release :hail apply even in the event or fault of negligence of the par, relesed and shall extend to the directors, afters and employees of such party. The Sellers mntrononl obligations, including summary. shall nor be deemed to be reduced. in any way, because such work is perfuemed or caused to be perforated by the Purchnser. 14. PATENT S. Whenever the Seller is required to uu any design, dance, mmerial or process mvead by lamer, patem, trademark or copyright, the Sena shelf indemnify and save hamtless the purchaser train any and all claims for infringement by reason of the use of such Founded design. device, mmmal or process in connection with the contract, and shall indemnify the Purchaser for any mat, expeme or damage which it may In obliged to pay by reason of such infringement at any time during the pmsecmion or slier the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment a Wn is enjoined, the Seller shall, at its run expense and at its option, either procure far the Purchaser the fight to continue using said equipment or parts repine the same with submarmally equal but noninfdnging equipment, or modify it so it barters nonionarging. 15. INSOLVENCY. If the Seller shall become insolvent a bankrupt, make an assignment fir the benefit of cedi... appaim a maner or fawn, for any of the Sellers property or business, this mid, may forthwith be canceled by the Function, without Liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation ofb, agreement all the rights of all parries hertmida shall be conswcd under and gmemed by the laws of the State ofColondo, USA. The following Additional Conditions apply only in toss where the Seller is to perform work hereunder, including the services of Sellers IMmaenative(s), an the Premises ofollem 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in arse of any accident, destruction or injury to the work soaker materials bcf Sellers final completion and acceptance, complete the work at Sellers own expense and to he sntisc ction of the Purchases. What materials and equipment are f fished by others for installation or erection by the Seller the Seller shall receive, unload store and boadli, same al the site and became mopousible donfor as though such materials ands., equipment were being famished by the Seller unsheathe arch. 18. INSURANCE. The Seller shall, at his own expense. provide for the Fvyment of weaken compensation, including occupational disease benefits, to its employees employed on or in connection with the work partied by this purchase order, moor to their depenaenis in accordance with the laws of the sate in which the work is to be dmir. The Seller shall also tarty comprehensive general liability including, but not limited to, continental and automobile public liability insurance with ballly injury and death limits of to taut SIDQoW for any one Person, SUsr,Off for any one accident and pmpeny damage limit per accident of S400,0110. The Seller shall likewise permic his contractors. if any, to provide for such compensation and imumnce. Before any of the Sellers or his contractors employees dull do any work upon the premises of others, the Sella shall fumish the Purchaser with a certificate that such compensation and insurance have ban provided. Such arthat, shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam what such compensation and insurance expires. TM Sella ages that such compensation and insurance shall be maintained until after the entire work is completed and ncepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby incomes the entire ox om bility and liability far any and all damage, loss or injury of any kind or nature whatsoever to persons or pMmy caused by or resulting men 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 Purchasers officers, agenst and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or Eminency, to which the Purchaser may be par or subject by reason of any nL action, neglent, omission or default on the pan of the Seller, any of his commcmrs, or any of the Sellers or commuctars officers, agents or employees. In case any suit or other proceedings shall In brought against the Purchaser, or its oftiars, agents or employs at any time on account or by mason 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 Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, Barges, mmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller and his centurion shall take all safety precautions, famish and install all guards necessary for the prencir n of accidents, comply with all laws and yelp latimts with regard to safety including. but without limitation, the Occupational Safety and Health Ad of 1970 and at I tales and regulations issued pursuant thereto. Revised OM014