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HomeMy WebLinkAbout501149 FORT COLLINS MUSEUM OF DISCOVERY - PURCHASE ORDER - 9145326PO PURCHASE ORDER 914532er Page C117/ of PURCHASE 45326 ter z ' `ppearl F6rt Collins( his number must packing V ` �7 on all invoices, packing sli s and labels. Date: 09/15/2014 Vendor: 501149 FORT COLLINS MUSEUM OF DISCOVERY NONPROFIT PARTNER 408 MASON COURT FORT COLLINS CO 80524 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 09/15/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Insurance Reimbursement Invoice #1 Dated 7-1-14 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 LS 28,922.76 Total $28,922.76 Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMIOERCL\L DETAIL$. Tax exemptions. By some the City of Few Collin u exempt Item state and local man. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collator of Failure of the Purchaser, to middi upon strict afomcance of the terms and wadi" as hereof failure ar delay to Internal Revenue, Drava, Colorado (Ref. Colorado Revised Stamtcs 1973, Chapter 39-26.114 (a), exercise any rights ar mnWi,, provided herein or by law, fail— to promptly notify the Seller in the event of a breach, the acceptance ofor payment far good hereunder or approval ofdte design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure, w meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall oat be deemed a waiver of any right of the damage in transit, may be miumed to you for credit and arc not to be replaced except upon receipt of worms purchaser to imist upon strictperformance hereof or any of its rights or afrout as m any such goods, regardless instructions from the City of Dan Collins. 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 operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthmnued payment oa We pan of the City of Fon Collins. However, it is to be understood that FINAL Sella and the Purchaser recognise that in new[ economic practice, overcharge, resulting from antitrust ACCEPTANCE isdependmtupenmmpletionofall applicablefixmind inspection procedures. embassies art in fact home by We Pnchaaen Thanofire, for good came and m consideration for executing this purchase order, We Sella hereby assigns to the Purchase, any and all claims n may raw have or hereafter Freight Term. Shipments most be EO.B., City of Fort Collins, 700 Wood St., row Collins, CO 80522. males acquired under federal or state anmwt taws for such monaberges terms, to We particular goods car serrices otherwise specified on this order. If panission is given W prepay freight and charge separately, the original freight purcbsed or acquired by We Purchaser pursuant to this purchase ende, bill must accompany interim. Additional charges for Picking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in amours pans of the country, shipment is ]film Purchaser directs the Seller to comet nonconforming or defective goods by a dam W be agreed upon by the expected from the nearest distribution Point to destiration, and excess freight will be deducted from Invoice when Purchaser and the Selled and We Sella thermBa indicates its inability or unwillingness to comp), the Pmehoa shipments we made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits, Seller shall roseate at sellers sole cost all necessary permits, ceni0caus and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where The Seller shall release the Pmohmer and its contmemrs of any tier from all liability and claims of any nature the work is peranned, or required by any other duly reminded public authority having jurisdiction over the work msohing from the performance of such work, of vendor, Seller further agrees to hold the City of Fort Collins Fannies from and against all liability and loss incurred by them by reason of an assmN or established violation of any such laws, regulations, ordinances, rules This release shall apply even in We event of fault of negligence of We party released and shall extend to the and requirements, directors, officers and employees ofsuch party. Authorization. All parties to this contract agree Want the representatives are, in fact, bow fide and possess full and The Sellers matfigni al obligations, including warranty, shall not be deemed to be reduced, in any way, becattse complete authority to bind said partie, such wok is perforated or tamed to be perforated by We Purchsser. LIMITATION OF TERMS. This Purchase Order expressly limits mrs rce to the tags and conditions stated herein set fond and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejeaal 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be eRected within the time stated an the pmcM1use order and the documents n0ached hereto. No acts of the Purch;cien including, without limitation, wo,mare efforts] late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Perchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order e1-ohc,c and holding We Seller liable for damages. However, the Seller shall not be liable for damages s 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 God, acts ofcivil or military authorities, governmental pdorlOes, fires, strikes. Brad, epidemics, was or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of We time when the Sella food received knowledge thereof, In the event of any such delay, We Jam of delivery stall be extended for the period equal to the time actually lost by reason oftbe delay. 3. WARRANTY. The Seller warrants that all goods, articles, numbals and work several by this order will conform with applicable drawings, specifications, samples maker other deacnpoos given, will be fit for the purposes intended, and perfommN with the highest degree of care and competence in accordance with accepted amndards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which We Purchaser may terra or incur on account of the Sellers breach of w'armnry. The Seller their replace, repair or make good, without cost to We purchaser, any defects or faults arising within one (1) year or within such longer perod of time s may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the time of acceptance of the good, furnished hereunder (arrogance not m be unreasombly delayed), resulting from imperfect or defective work done or matmals famished by the Seller. Acceptance or use of goods by the Purchaser shall not ostime a waiver of my claim under this warranty. Except as otherwise provided in this pncltase order, the Sellers liability hereunder shall extend to all damages ew,ima¢ly caused by We breach of any of the foregoing waranties or guarantees, but such liability shall in ten event include loss afirmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FRNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. ' 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to the tears, otM1er than legal terms, including additions to or deletions from the gmmtities originally ordered in the specifications or drawings, by venal or written change order. If any such change affe m the amount due or time of pert mence hereunder, an equitable adjustment shall be made. 6. TERMINA1 IONS. The Purchaser may a, my time by written change over, terminate this agreement w to any or all gorions of We goods then not shipped, subject to any equitable adjustment between the posies as to any work or materials then in progress provided Brat We Financier shall not be liable for my claims for anticipated profits on the uncompleted Portion ofthe goods ankor weak, for incidental or consequential damages, and that no such adjuttment be made in favor of tM1c Sella with respat 1. any goods which art the Sellers standard stock. No such eemtimticn shall reline the Purchaser or We Sella army of Nei, obligations as at any goods delivered bereender. T. CLAIMS FOR ADJUSTMENT. A, claim for adlmtment most be asserted within thirty (30) days from We date the change or temmiwtion is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f mished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute add deliver such davmmts as nay be required to effect or evidence compliance. All laws and regulations required to be ncorpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold We Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to amply with such law. 9. ASSIGNMENT. Neither parry shall aciign, trasfer, or convey this add, or any mores due or to become due hereunder without We prior wring cosent ofthe other parry. 10. TITLE. The Seiler warnme, full, clear and marestncial title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all has, restddions, numatios, security indicator encumbrances and claims of others. 14. PATENTS. Whenever the Sella is required muse any design, device, material or process covered by letter, p tmL trademark copyright, We Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thermf or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for We Purchaser the right to continue using said equipment or pans, replace We same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If We Seller shall become insolvent or benkmpr, make an assignmet, for We benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNMG LAW. The definitions of terms used or We interpretation ofthe agreement and the rights of all panic hereundershall be introduced under and govemed by the laws of the State ofColoradet, USA. The following Additional Conditions apply only in perform where the Sella is to work hereunder, including the amirm o'Sellers Representative(s), on thecases premises oforh era, IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the mine is fully completed and accepted, end shall, in w of any accident, destruction or injury to the work ankor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When wouniiak and compound oR formatted by others for installation or amnion by the Sella, We Seiler shall receive, reload, store and hurdle some at We site aid become reaposible therefor ss though such materials wWor equipment were being fttmishad by We Seller under the order. ... 18. INSURANCE. The Seller shall, in his own expanse, provide for the payment of workers compensation, including occupations) disease Fcnefits, to its employees employed on or in connection with We work covered by this purchase order, ankor to their dependents in accordance with the laws of the state in which We work is to be done. The Seller shall also carry comprehensive general liability Including. but not limited to, contractual and automobile public liability insnnmce wid, tvrdity i jury and death limiu of m lent 5300,000 I., any one person, ESWpUU for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his it say, to provide for such compensation and iacturamer, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish We Purchaser with a certificate that such compensation and morasses have ban provided. Such certificates shall specify the date when such nmpesution and welcome have been provided. Such certificates shall spary We dam when such compensation and isumnce expires. The Seller arrows that such compensation and insurance shall be amintainal moil and the more work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ai .. the entire me wasibiliry and liability fro any and all damage, loss or injury ofmy kind r mature whatsoever to persons or property armed by or resulting( We execution ofthe work provided for in this .on. order or in connection herewith. The Sella will indemnify and hold hamtless We Panorama and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reaoa of any mt. action, neglect, omission or default on We pan of the Sella any of his contractors, or any of the Sellers or ontractors officers, agent, or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa 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 o iccrs, agents or employees as aforesaid, the Seller hereby agrees to assume We defense damin and to defend the tame at the Sellers own expense, to pay my and all costs, charges, anomeys fees and other expenses, any and all judgmrnts Oast maybe incurred by or obtained against We Porehasa or any of its or their officers, across or employees in such suits or other pdoccalinp, ucd in am judgment or other lien be placed upon or obtained changed the prepaty ofthe Purchaser, or mid panics in or as a result of such suits or other pmceedwgs, the Sella will at once muse We same to be dissolved and discharged by giving bead m otberwise. The Sella and his antmemrs shall take all salary precautions, bullish and isall ell guard commary far the enno n wet of accidents, comply with all laws snd regulations with regard to safety including, but without limitation, We Occupational Safety and Health Ad of 1970 end all rules end regulations loud pursuant thane. Revised 07a014