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HomeMy WebLinkAbout538201 EXHIBIT DESIGN ASSOCIATES - PURCHASE ORDER - 9145780Fort Collins Date: 10/07/2014 Vendor: 538201 EXHIBIT DESIGN ASSOCIATES 1269 CHASM ROAD ESTES PARK CO 80517 PURCHASE ORDER PO Number Page 9145780 1of2 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: 10/06/2014 Buyer: JOHN STEPHEN Line Description Quantity UOM Unit Price Extended Ordered Price 3 Glass Display Cases -Museum 1 LOT LS 30,750.00 per proposal dated 9-22-14 750.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEDAIIS. Tax exemptions_ By statute the City of Fort Callum is exempt from sure and local taxes. Our Exemption Number is 11. NON WAIVER. 9801501. Federal Excise Tax Exemption Certificam of Registry 84-6000587 is registered with the Collator of Failure of din Purchaser m insist upon strict performance of far, .— and conditions hereof failure or dray or Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Spines 1973. Chapter 3936, 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 or approval of the design, shall not releme the Sala of Goods Rejected. GOODS REJECTED due to failure to marl specifications, either when shipped or 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 in hansn may be remained to you for credit and are not to be replaced except upon receipt of warm purchaser m insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless insinuations fmm the City ofFort Collins, of when sapped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mad modification or raoissim of this purchase orda by the Purchaser operate as a waiver of any of the toms Inspection. GOODS are subject o the City of Fan Collins inspection on armed. hereof. Final Acceptance. Receipt of the momhandlw, wivicei, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be umdmtuml that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting man antitrust Ifar ACCEPTANCE is dependent upon completion ofell applicable acquired inspection procedure. violations are in fact home by the Purchaser. Thereufose, goad ems, and as consideraie. for eaccutim, this pmchau order, the Seller hereby assigns m the Purchmer any and all claims it may ww have or hemmer Freight Tema. Shipments must be F.O.B., City of Fort Collins, IDO Wood SL, Fall Collins, CO 80522. unless acquired under federal in same antitrust laws for such overchages relating to the particular goods or smite, otherwise specified on this order. Upernission is given to prepay freight and charge separately, the original freight purchased or railroad by the Purchaser pursuant to this purdaw order. bil I must accompany invoice. Additional charges for packing will not be accepted. PURCIIASEgSPERFORber OF SELLERS OBLIGATIONS. 1f Where manufaauors have s mom pans of the rowan is mbon, t Purchmer direct 1.c by a date to upon by the a Seller to comer nonconfutin6 randefectivehuffily thee. Invoice w from the nfrrat distribution point to desaivtion, and excess Bright will be deducted from Invoice when ex,ratent from dad and moves unwillingness to comply, the Pumhmtt Purchaser and the Seller, and rfe Sellers in uras Peripheral, , comply, elm its inability shipments arc made from forester distance. shipments v may aruw the work m ch performed by the most expediaiom means available to it, am the Seller shall pay all the mosirex loos amraated with such week. permits . Seller shell procure at retakes sad coat all necessary pemrm, c s and licenses by all subdivision where regulations, tales woman sfusiN applicable laws, stun, municipality, ternary 'The Sella shall release the and its contractors of any tier from all liability and claims of any nature required by a y o duly concluded public authority junwnl work is performM, m required by any other duly performed, aunt khan over the work ce of such resulting from the perfotmre of such work. runhaving of Fort liability ell loss sampar.b Seller fuller agrees a hold the City of Fort Collins hatless from all against nalls, incurred by ahem by reason of an assumed in nublishcd violation of any such Uxs, regulations, orditanecs, rvles in This rehear shall apply even in the event of fall]; of negligence of the pray released and shall expand to the and r quirements. dirccmeffeffectsrs, oceand employees of such pray. Amhorizmion. All parries to this contract agree that the representatives are, in fact, bona tide and possess full and omplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me mum and conditions stated herein spa forth and any supplementary or additional mars all conditions annexed herem or inmryorated herein by reference. Any additional or different terms and condition propmrd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to somm tan your promised delivery date as mmmd. Time is of the comm. Delivery and Performance most be effected within the time stated on the purthow order and the documents attached hereto. No acts of the Purchuers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event crony delay, the Parchmner shall have, in addition to other legal and available remedies, the option cf placing this order elsewhere and balding the Seller liable for damages. How -ea, the Seller shall not be liable for damages m a result of delays due to causes not reaaowbly fomeeable which are beyond its reasonable central and Without its fault i f negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, far, spikes. Road, epidemics, wars or not, provided that notice of the conditions arming such delay is given to the Purchmer within five (5) days of me time when the Seller find received knowledge thamf. In the aura of any such delay, the doe of delivery shall be extended for the period equal to the time actually lost by reason of me delay. 3. WARRANTY. The Seller warrants Ran all good, articles, mammals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes insmda, and perfumed wilco the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchmer harmless from any loss, damage or expense which 'he Purchaser may suffer or incur on account of the Sellers breach of wananly. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults easing within one (1) year or within such longer period of time as may be prescabed by law m by the terms afarry applicable wamnty provided by the Seller after the date of acceptance of the goads fumuhe l hereunder (accepance not to he ram manageably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall not calculate a waiver of any claim under this warranty. Except as otherwise provided in this purchase code, the Sellers liability hereunder shall extend to all damages proximately tamed by the breach of any of the foregoing wor sties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal mays by wagon change coda. 5. CHANGES IN COMMERCIAL TERMS. The Purchavir may make any changes to the terms, other than legal mmu, including additions to or delaicaa from the qumaitim originally ordered in the specifications or drawings, by verbal or warren change order. If any such change oRecta the amount due or Ore time of pttformame hereunde, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject or any equitable adjustment between the parties as to any work or matmals then is progress provided that la Purchaser shall out be liable for any claims for ontitlpated mfie, on the uncomplaed Portion of the good mall work, for incidental or comequenlial damages, am that no such adjmama t be made in favor of the Seller with respect to any good which are the Sellm standard stack. No such lamination shall rabovia the Purchaser or the Seller of any of their obligations as pm any goods delivered hereunder. 1, CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be eamed within thirty (30) days frm the dam the change or maturing is ordered. 8. COMPLIANCE W I114 LAW. The Seller ..is that all goods sold hereunder, shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and rcgulatiora to which the goods are subject The Seller shall comma and deliver such donunmu as may be required to effect or evidence wmpllamx. All laws and regulations required to be ncorpommd in agreements of this character are herby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hatless from all casts and damages suffered by the Purchase m a result of the Sellers failure to comply with such law. 9.ASSIGNMENT. Neither party shall assign, mnsf , or convey this order, or any proem due or to become due heoummee without the prior women consent of the other party. 10. TITLE. The Salle, warn1, full, clan, and mastricled title to the Purchaser for all equipment, materials, and items famished in pafotance of mix agpecurem, free and clear of any and all liens, mslrktions, samaxmions, security inmmml ercumbmaca and claims ofotheas 'Ihe Sellers contractual obligations, including warranty, skill not be deemed to be reduced, in any way, blame such walk is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process catered by lever, patent, trademark or copyn,hl, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parental design, device, material or process in connection with me contract, and shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time durwg the prosecution or after the completion of the work. In case said equipment, or any port thereof in the intended use of the goods, is in such suit held to comtium arrangement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the night to mmiime using said equipment or parts, replace he same with substantially equal bur mninhinging equipment, or modify it to it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or barkmpt, make an assignment fat the benefit of creditors, appoint a peasiva or poome far any of the Sellers par,, or business, this abler may foMwith W wncebl by the Purchaser without liability. 16. GOVERNING LAW. The definilions afit. used or the uncommon. of me vgreement and the rights of all parries hereunder shall be compared unclear and goammd by me laws ofthe Spite ofColomdo, USA. The following Additional Conditions apply only in clues where the Seller is to perform work hereunder, including the wi tees oI Sellers Reperenutieopi), an he premises of others. I]. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Scllars can ask until the same is filly completed and accepted, and shall, in use of any ciden, damnation or injury to the work and/or materials before Sellers final completion and acceptance, uccomplete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are IbmisheJ by Whom for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and became responsible therefor, to though such mammals an&., equipment were being finished by the Sella under the order. 18. INSURANCE. The Sella shall, at his room expense, provide for the payment of wmrkers compensation, including occupational disease benefits, to its employees employed an or is connection with the work covered by this purchase order, proper to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also may comprehensive Berenl liability including. but rm limited Io -..,actual and arm rmrbit. Public liability insurance with bodily injury and death limits ofin least 5300,000 for my one person, 5500,000 for any one accident and property damage limit Per accident of S403,01i The Seller shall likewise cache his contractors, ifany, r provide for such compensation and insurance. Before any of the Sellers or his contractors emplayas shall do any work upon the premises of others, the Seller shall finish the Purchaser with a monribam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation pool insurance expires . The Seller agrees Oat such compensation and insurance shall be rnothtathed maul after the entire work is completed and ismapmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msmnes use entire responsibility and liability for any mid all damage, loss or injury of any kind or name whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase mra or in correction herewith. The Seller will indemnify and hold harmless the Purcleaa and any an all of the Pumbawrs officers, agents and employers floor and agmor my and all claim`, I—, damages, charges or expenses, whether direct or indirm, and whether to pions or property to which me Producer may be put or subject by reason of any per, action, neglect, omission or default on me part of she Seller, any of his contractors, or any of the Sellers or collimators officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents of employees at any time on account or by reason of any act, action, neglect, omission or Jefaull of the Sella of any of his contractors or my of its or their officers, agents or employees as aforesaid, me Sella hereby ii,ma to assume me defense thereof and to defend the same at the Sellers own expense, m pay any and all costs, charges, attorneys fees end omer expenses, any and all judgmenla that maybe incurred by or obtained against the purchaser or any of its or their officers, agents or employees in such suits or other pmreedings, and in caw judgment or other lien be placed upon or obtained against me property of the Purchase, or said parties in or az a mull of such suits or other procuring,, me Sella will at once cause me same to be devolved and dischargW by giving bond or omhemise. The Seiler and his contractors shall take all salary precautions, finish and instill all guards naesaary for the Formation of accidents, comply with all lams and to,rrations with regard to safrty including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant mereu. Revised 07f1014