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HomeMy WebLinkAbout131294 ROBERT TULLY - PURCHASE ORDER - 9146580Fort Collins Date: 11/10/2014 Vendor: 131294 ROBERT TULLY 733 MCKINLEY AVE LOUISVILLE CO 80027-1931 PURCHASE ORDER PO Number Page 9146580 1012 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: 11/07/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP Pickle Plant Design 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.wrn 1 LOT LS 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 L C0hNIERCLM.DETAILS. Tax exemptions. By sutme the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered wills the Collator of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 Ed. Goods Rejected. GOODS REJECTED due to failure m men specifications, either when shipped or due to defecm of damage In transit, may be rebound to you for credit and are rat m be replaced except upon receipt of written instructions fiom the City of Fen Collins. Iaspect ion. GOODS are subject o the City of Fort Collim impaction on arrival. Firml Acceptance. Receipt of the merchandise, seor equipment in response to this order can reaull in m authord payment an the pan of the City of Fon Collins. However, it is to be undermined that FINAL ACCEPTANCE is dependent upon mmpinion of ell applicable required ire,cer net procedures. Freight Terror. Shipments most be F.O.B., City of Pon Collins, 000 Wood St., Fort Collim, CO 80522, unless mherwise specified an this ender. If permission is given to prepay freight and charge s rpmmmly, the original freight bill most accompony invoice Additional charge for puking will not c, accepted. Shipment Distance Where manufnu ms have distributing points A v bons From of the country, shipment is expected from the nmrest distribution point to distinction, and excess fight will o debated from Invoice when shipments ure made from greater disunce. Prim, Seller shall pnxure at sellers sale cost all nmesary permits, conditions end licenses required by all applicable laws, regulations, mndionce. and ales of the sate, municipality, territury or political subdivision where the work is performed, or required by any other duly constituted public authority havingjim,dichom aver the work of vrndm. Seller further agrees m hold the City of Fort Collins lumdess from and against all homily and loss banned by them by mason of an assured or established violation of any such Ess , regulations, ordinances, rules and rea mansevm. AutMvatioa All posies to this contract agree that the representatives are, in fact, boas fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional mans and conditions annexed hereto or incorporated hemin by reference. Any additional err dr1erem terms and conditions prop o d by seller are objected m and hereby r,Wed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou marmot make complete shipment to arrive on your promised delivery date as noted. Time is of the rimer. Delivery and performance mat be effected within the time stated on the purchase order and the docummm attached hereto. No acts of the Purchasers including, without llmann met, acceptance criminal late deliveries, shall espemh as a waiver of this provision. In the event ofany delay, the Purchaser shall have. in addition to other legal and equimble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall net be liable for damages as a ramp of delays due to causes or reassumly foreseeable which am beyond its reasonable central and without its fault of negligence, such dcu of God, acts ofcivil or military avahoritits, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period tgvl to the time wholly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, matmak and walk coverts by this order will conform with applicable drawings, specifications, samples major other descriptions given, will be fit for the poTmes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ruNre. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any domarts or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the testes of my applicable wmmnty provided by the Seller after the date of acceprana of the goad famished hereunder (acceptance not he immeasurably dclayeJ), resulting from imporfttt or def a ive work done to nationals monistical by the Seller . Acceptance or use of goods by the Purchaser shall rot mnstimte a waiver of any claim under dins vvarranry. Except as otherwise provided in this purchase most the Sellers liability hereunder shall extmd to all damages proximately caused by the breach of my of the foregoing warranties or gusts ers, but such liability shall in no event include loss of pmfiu 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 in legal temp by wnnc l change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to the temp, other than legal teams, including additions to or deletions from in. quantifies originally ordered m the sp arinotions or drawings, by verbal or women dung. ender. If any such change affects the amour, due or Be, time of pert ma hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser any al any time by written change order, terminate this agemonam as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good major work, for incidental or consequential damages, and that no such adjustment be made in favor of We Seller with respect an my goods which are We Sellers standard stock. No such burn mutton shall relieve do Purchaser or the Seller ofany oftheu obligation as m any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for alinement as, ba acuned within thirty (30) days floor he date the change o, Elimination is indeed, 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regWations required to be incorporated in agreements of this obstructer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all eosn and damages suffered by the Purchaser as a mull of the Sellers failure b comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he prior written commit of the.,he, P.M. 10. TITLE. The Seller wcomi full, clear and unrestricted title to the purchaser for all equipment, materials, and items f ished m performance of this agreement, free and clam of any and all liens, comriniam, .'as.. security inures' mfor mbmnces and claims of ushers. I L NON WAIVER. Failure of the Purchase, to insist upon scrim perfomnanee of the terms and condlfions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, e the acceptance ofor payment for goods hereunder or approval ofe design, shall notrelcase the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser W insist upon strict performance heremfor any ofits rigjn or remedies as many such goodt, regardless of when shipped, received m accepted, as to any prior or subsequent default hereunder, nor shall any ampodnd marl modification or rescission of this purchase order by the Purchan mature as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ec no is paretice, overcharges resulting from ammant violations are in fuel bnme by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase .,dcq 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 overchagn reeding to the particular Souris or services purchased or acquired by the Purchaser pursmnl to this purchase ender. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Poschaser dime. the Seller to format nonconforming or defective Saida by a date m be agreed upon by the purchaser and the Seller, and the Seller thereaRer indicates its bribiliy or unwillingness to comply, the Purchaser may cause the work to be performW by the mint expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier free, ➢1I liability and claims of any nature resulting fmm the Performance ofsuch work. This release shall apply even in the men of Paull of negligence of the parry released and shall extend in the directors, officers arW employees ofsuch party. The Settees comarctml obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Fomhsn, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, portal, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, armorial or process in connection with the comma, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the possmallim, or ruder the completion of the work. to can said equipment m any part rhertnf or the intended use of the goods, E N such suit held to comtimte infringement and the aw of said equipment or pan is enjoined, the Seller shall, al its owns expense and at its option, either p.am for the Purchaser the right to continue using said equipment of parts, replace the same with substantially equal but imarifringing equipment, or modify it so it becomes nonnume,ing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this older may forthwith be canceled by We Purchaser wtthou, Iiabilay. 16. GOVERNING LAW. The definitions, of man used or the interpretation ofine agreement and the rights of all panics heremWea shall be consumed under and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services efliellers Representatives,, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk rem the same is fully completed and enmeshed. and shall, in tase of any accident, destrvcrion or injury to the work aajmr materials before Sellers five completion and accepmrce, complete the work at Sellers own expense mail to the satisfaction of rise Purchaser. When mdenals and equipmm, are burnished by others for immlldion or cormim by the Seller, the Seller shall receive, unload, sure and handle sane at We site and became responsible therefor as though such matniaB mWar equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofwarkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase under, anjo, to Weir dependents in accordance with the lawn of the .to in which the work is to be dram. The Seller shall also arty comprehensive general liability including, but not limited to, contracnW and automobile public liability isurawe with bodily injury end death limits of at leas 9300,000 far any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise retain, his contractors, if tiny, to provide for such compensation and insurance. Before any of We Sellers or his conteators employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such emifcams shall specify the data when such compensation and insurance have been provided Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained Until after the entire work is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire respensibiliy and liability for any amid all damage, loss or injury ofany kind or vnue whatsoever to persons or pmpedy arced by or resulting floor the execution ofth, work pmvlded far in this purchase order or in connection herewith. no Seller will indemnify and hold harmless the Purchase and my r all of the Purchasers officers, agents and employees form and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Frustum or property W which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his omractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be Enough, against the Purchaser, or its officers, agenm or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seiler of my of his contractors or any of its or Neu otficm, agents or rumPlayers as aforesaid, the Seller hereby agree to mstuna the defense Buffer aad to defend the same al the Sellers. expertise, W Pay any and all rests, charges, attorneys fees and other expenses, any and all judgmmts that may be incurrd by or obtained against the Purchaser or any of in or their officers, agents or employees in such min or other proceedings, and in cam judgment or other lien be placed opium ter obminM against the property of the pr, mhaer, or said parties in or as a mull of such suits m other proceedings, We Seller will at are cause the same to be dissolved and dischmgN by giving Food or otherwise. no Seller and his comments shall take all safety pmiumth n, famish and install ell guards necessary for the prevention of accidents, comply with all laws and regulations war regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulatimn lssmad pursumt Wertm. Revised 07F2014