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HomeMy WebLinkAbout541902 WIZARD WORKS - PURCHASE ORDER - 9145866 (2)of Fort Collins Date: 10/17/2014 Vendor: 541902 WIZARD WORKS 1960 N ROCKY VIEW RD CASTLE ROCK CO 80108 PURCHASE ORDER PO Number Page 9145866 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 10/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 change account number 1 LOT EA 59,401.00 10-14-14 Hi John, Jonathan emailed me and requested the account number for PO#9145866 to Wizard Works be changed to: 400903220.563010.90 The PO for $59,401.00 was originally issued to 400903210.563010.90. If you can please make that change. Thanks 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 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 exemptions. By some the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Certificate of Registry M-600058➢ is registand with the Collator of Internal Revenue, Denver, Colorado (Ref. Coloada Revised Sections 1973, Chapter 39-26.114 (a). Goads Rejected. GOODS REIECTED due a failure to mar specification. either when shipped or due a defects of damage in tmnit, may he reamed to you for credit and are not to be replaced except upon receipt of written instructions Firm the City airport Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or optimal in respawe to this order can result in authorized payment oa the pan of the City of Fort Collins. However, it is to b, undersaol that FINAL ACCEPTANCE is dependent upon completion ofall applicable rryuir i inspection procedures. Freight Teats. Shipments must be F.O.B., City of ran Collins, IN Wood St, Poor Collins, CO 80522. ONess otherwise apacified on this order. Upernission is given to prepay freight and charge sepmmely, the original freight bill must accompany invoice Additional charges far packing will cal be accepted. Shipment Distance. Where manufactures have disNbuting points in various Fans of the country, shipment is expected from the contest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Picnics. Seller shall procure at sellers sole cost all necessary permits, certificates and lacreas required by all applicable laws, regulations, ordinances and ales of the stare, municipality, territory or political subdivision where the work is perforated, or requir d by any other duly constituted public authority having jurisdiction over the work ol'vaulo. Seller f usher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and requirements. Augu tiniest. All parties to this comer agree that the reprewmatives are, in fact, bow fide and W.. full and ompine authority a bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acc,. of the menu and eondition stated herein set Such and any supplemaatary or additional terms and conditions apposed hereto in inco"hated herein by radfieconce. Any additional or dilterent terms and contractor proposed by seller are objected to and hereby rtjated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make wants, shipment to arrive on yore promised delivery date as noted. Time is of the aaence. Delivery and performance must be effected within the time stated on the purchase Omer and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance Of partial late deliveries, shall operate as a waiver of this provision. In the tent of any delay, the Purchaser shall have, in addition to other legal and equiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, use Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such cats of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or fiats provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the rite of delivery shall he extended for the period yual to the time actually loot by reason of the delay. 3. WARRANTY. The Seller various that all good, articles, mmeriah and work covered by this order will conform with applicable drawings, spoeificaeion, samples and/or other description given will he fit for no purposes i.e." and performed with the hippest degree of are and competence in acardnce with accepted sandrd for work of a similar nature. The Sella agrees to hold the purchaser harmless fiom any loss, damage or expense which the Pachuer may suffer or Oscar on account of tie Sellers breach ofwarmnry. The Seller shall replace, repair or make good, without rest o the purchase, any &deers or faults mdsing within one (1) year or within such longer period of time m may be prescribed by law or by the team ofnny applicable warranty provided by the Seller after the date of a cepsance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance muse of goad by the Purchaser shall not constitute a waiver of any claim under this warranty Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wananeies or gwmntces, ben such liability shall is 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 to legal term by wdttm change order. S. CHANGES M COMMMERCIAL TERMS. The purchaser may mLe any changes no the term, other than legal teams, including addition to or deletion from the 9uamieiea mgiwlly ondacd in she splfira mica or drawing}, by verbal or wnnen change offer. If any such change affcds the amount due or the time of performance hereunder, an repairable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by waimen change order, terminate this ageammt as many or all portion of the goad then not shipped, subject to any equitable adjustment between the parties as to any work or materials than in progress provided that the Purchaser skill not he liable Per any claims for anticipated profits on the a mnpleted portion of the goods a.Nor work, far incidental or consequential damages, and that no such adjustment be made in favor of the Sella with ..spat rot any goods which are the Sellers standN stack. No such lamination shall relieve the Purchaser or the Seller army oftheir obligations as as any good delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjusmat mast he marked within don, (30) days fmm tie date the change or lamination is ordrred. S. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been packed, sold delivered and punished in smct compliance with all applicable laws and regulation to which the goods are subject. The Sella shall execute mud delivor such documents as may be required to effect or evidence comphaaa. All laws amp regulation required or be incotpomted th agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchases harmins from all costs and damages suffer d by the Purchaser n a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he prior written consent ofthe other party. 10. TITLE. The Seller warrats full, clear and umatrited title to the Purchaser for all equipment, materiaH, and items fiunashed in performance of this Ontario 4 f and clear of any and all lions, re cation, marvatim, recwty interest scum enca and claims afoncms. 11. NONWAIVER. Failure of the Putchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to y rights m Firmly canaries provided herein or by law, failure to notify the Seller iv the event of a breah cemy acceptance ofor payment for goods heeppda or appmval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon sent performance hereof or any of its rights or rtmadies as to any such goads, regardless of when shipped, received or accepted, as a any print or subsequent default hereunder, nor shall any puRorted and modification Or rescission of this pmchase oNer by the Purchaser opear as a waiver of any of the teats hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchmer recognize that in actual economic practico erchurges exulting from antitrust violation art in fat home by the Purchaser. ThCMofart for e, good muse and m consideration for executing this purchase order. the Seller hereby assign in the Purchase any and all claims it may now have or hereafter acquired under federal or sate antiune from for such overcharges relating to rim paletdw good or services purchase) in acquired by the purchase pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifebe Forefoot directs the Seller b wmrM Or defective goods by a date to he agreed upon by the Pochacer and the Sell., and the Seller threader affairs its inability in unwillingness of comply, the pumhaxr may cause the work to be, paimred by the most expedieious meant available a it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party relents and shall extend to the directors, oRicm and emplayas of such any. The Sellers contmetual obligations, including warranty, shall not be domed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required in use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any not all claims for infringement by reason of the use of such patented design, device, material or pram in connection with the contract, and shall indemnify the Firms. for any crest, as,. or damage which it may be obliged to pay by reason of such offringement at any time during the presaurion or alter the completion of the work. In case said optimum, ar any Pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and al its option, either Fracurt for the Purchaser the right to continue using said auipmmt or parts, replace the same with substantially equal but noninfringing auipment. or modify it so it becomes maintringing. 15. HJSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefil of creditor, appoint a receiver or trustee for any of the Sellers property or business, this order may f Mwith be canceled by the Purchase without without liability. 16. GOVERNING LAW. The definition of team used or the interpraation ofthe agreement and the rights ofall parties hereunder shall be comtmed under and governed "a laws of the Sate of Colmad, USA. The following Additional Condition apply Only in mas where the Seller is as perform work hereunder, including the services of Salim Re,resenativjs), on the premise ofodirm 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the come is fully completed and accepted, and shall, in se of any accident, destruction or injury to fire work andtor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaclion of the Purchase. When nationals and equipment are famished by others for installation or erection by the Sell., the Seller shall receive, unfod, store and handle same of the site and become responsible therefor ass though such commals andtor quipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own apse, provide for the paymme ofwmkers compensation, including compational do. benefits, to its employees employed Or or an mnnmtion with the work covered by this Purchase ore., rial to their dependents an acmmppce with the laws of tls scam in which the wok is as be dome. The Sena shall also carry comprehensive general liability including, but not limited as. mntmchad said amomobile public liability imururtce with bodily injury =it death limits of at least 3300,004) for any one person, $500,000 for any accident and property damage limit p accident of Stock". The Seller shall likewise require his mintractura. if any, to provide for such compensation and murance. Before any ofthe Sellers m his ex ntracmrs employes shall do any work upon the pcomilef of others, the Seller shall famish the Purchaserwith a certificate that such compensation and insurance have been provided. Such cenifemu shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance expires. The Seller agrees that such compensation and insurance skill be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nount the entire respon bility and liability for any and all damage, has or injury ofnny kind or nature abominate to persons or property caused by or resulting favor the execution of the work Provided for in this pumltase oNer or in connection herewith. The Seller will indemnify and hold harmless the Pumhasa and any Or all of the Purchasers officm, agents and employees from and against any and all claims, losses, damages, charges or expoi whether direct or indirect, and whether m poop or pem ny a which the Purchases may be put or subject by mason of any set, action, neglect, omission or default on the part ardor Se11., any of his contractors, Of My of the Sella Of conuacmrs officm, agents Or employees. In case any suit or oNer proceedings shall he brought against care Purchase, or its alfic r, agents or employees at any time on =want or by reason of any act. action, neglect, omission or &FOR of the Sella of any of his contractors or any of its or their officer, agents or employees as aforesaid the Seller hereby agrees in assume the defense herof and to defend the same at the Sella own expense, in pay any and all cook, charges, attorneys fees and other repass. any and all judgments that may be incurred by or obtained agalnt the Purchaser or any of its or their Nficm, agents or employees in such suits or other proceedings, and in case judgment or other lam he placed upon or obtained against he property ofthe Purchaser, or said parries in or as a muua of such suam or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrac om shall sake all safety precaution, Finnish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety nM Health Act of 1970 and all ales and regulation issued parmant farmers. Revised 02n014