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HomeMy WebLinkAbout547759 SERVE 6.8 - PURCHASE ORDER - 9146896PO PURCHASE ORDER 914689er Page City. of PURCHASE 9146896 1.12 F/' rt Collins liras This number must appear /�..!"_`�/`' ` V ` on all invoices, packing sli s and labels. Date: 1112512014 Vendor: 547759 Ship To: CITY MANAGER SERVE 6.8 CITY OF FORT COLLINS 242 CONIFER ST 300 IAPORTE AVE FORT COLLINS CO 80524 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price i FY14 SMA Murphy Center for Hop 1 LOT LS 18,533.00 e as contracted on 9/19/14 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 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 exemption. By statute the City of Fog Collins is exempt fmm state and local taxes. Our Exempbon Number is 98-Oe5o2. Federal Famine Tax Exemption Certificate of Regigry 84-600058] a registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamta 1973, Chapter 39-26, 114 (a). Goods RejatM GOODS REJECTED due m failure to men specifications, either when shipped or due to defects of damage in tranil, may he rerumM in you for credit and are not to b, replaced except upon receipt of written instructions from the City ofFort Collins. Inspection. GOODS arc subject to be City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response on this order canresult in nutherized payment on the pan of the City of Fog Collins. However, it is to be understood thatFINAL. ACCEPTANCE is dependent upon completion of all applicable required inspection prencednres. Freight Terms. Shipments most Its, F.OB., City of Fog Collins, Too Woad St., Fog Collins, CO 80522, unless otherwise specified oa this oMa. Hpermission is given to prepay freight and charge separately, the original freight bill at mcompmy income. Additional charges fen packing will not be accepted. Shipment Distance. Where manufacturers have distributing Findings in various parts of the evmrry, shipment is expected fmm the nearest distribution point to de gination, and excess freight will be dedaaed fmm Invoice when shipments are made from greater guidance. Prnmits. Sella shall procure at sellers sole cost all rosemary permits, certificates aced Imminent required by all applicable laws, regulations, on inane. and rules ardor mar, municipality, me story or political subdivision where the work is performed, or m,mrad by any other duly conrismad public authority havingjurni iction over the work of vendor. Seller further agree to hold the City of Fort Collins hmmless Bum and .gains, all liability end loss incurred by them by torsion of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this ennnad agree that the represenmtives are, in fact, bona fide and possess full and complete authority ,a bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions good herein as, fordo and any supplementary in additional moms and conditions annexed hereto or incorporated heein by reference, Any additional or ditferenuemcs and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou among make complete shipment to under on your promised delivery time as voted. Time a of the or Delivery and performance must as effected within the time stated on the purchase order and the documents mached hereto. No acts of the purchasers inclualm& without location, acceptance of,.i.1 late deliveries, shall opcnam us a water, offla pmsticlm. In the ram, army delay, the Purchaser shall have, in addition to older legal and equitable mnadies, the option of pacing this order elmwhert am holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to rauus not ressgubly foreseeable which are beyond its rwsonable control and withoul its foul, of negligence, such acts official, acts added or military and ontia, permm n dal priorities, frets, snikes, Band, epidernis, wors or riots 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 knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time adunlly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work created by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which ,he Purehmer may suffer or incur an account of the Sellers breach of commay. The Seller shall replace, repair or make good, without cost to the purcbas, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable evranty provided by the Seller afla the date of acceptance of Use goods Permitted hereunder (acceptance rent to be ung.m al delayed), resulting from imperfect or defective work done or mammals f ished by the Seller. Acceptance or uu of goods by be Purchaser shall not robot a waiver army claim under this warrenly. Except as adendm provided in this purchase aNe, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wartxnties or guarantees, but such liability sledI in no event include leas ofprofits or loss of uu. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal,a. by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including milli ns to or deletions from the quantities originally ordered in the specifications or drawings, by ve,but or carmen change order. If any such change affects the amount this or the time of,terfomrance hereunder, an equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaur may at any time by women change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjunmmt between the parties ss 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 andor work, for incidental or comequenrt damages, and that ten such adjustment be made in favor of the Seller with restrict to any good which are the Sellers staMmd stock. No such trrminafioa shot[ relieve the ingd mm, of the Sella orgy of then obit,".. as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) drys been the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat cll goods sold hereunder shall have been produced, mid, delivered and fiunished in stria compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required m elect or evidence compliance. All laws and regulations required to he incorporated In agreements of this character are hacby incorporated herein by this reference. The Seller agras to indemnify and hold the Purchaser tameless from all casts and damages suffered by the Purchaser us a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, lobster, or convey this order, or my monies due or m become due hereunder without the prior women coneal drum other party. 10. TITLE. The Seller warms fail, clew and uvrcshided fide to the Purchaur for all equipment matmals, and if. famished in pindfignmence, of this agreement f and clear of any ant all liens, restrictions, reservation, security interest encombrmma and claims of others 11. NONWAIVER. Failure of the Pmchaer an hung upon snict performance of the tams and condition hetgof, failure or delay I. exersim any rights or remedies provided herein g by law, failure to promptly no6h be Seller in the event of a breach, the mramence ofor payment for goods hereuMer or appmsal offie design, shall not release the Seller of any of the warranties or obligations of this Purchase order and shall not W denied a waiver of any right of the purchaser to insist upon social pao. hereof or any of its rights or mrmar, as m any such good, regardlems of when shipped, received in urinal as to any prior or subsequent default hereunder, oar shall any puryoged anal modification or rescission of this purchase order by the Pmchxcer storage n a waiver of any of the corms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual ce u is practice, overcharges resulting from antitrust violations are in fact home by the Purchase, Theretofore, forngood cause and as consideration I'oe executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or stare antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Imminence pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in comma nonconforming or defective goods by a date to be agreed upon by the Foreigner mad the Seller, and the Sella thrombin indicates its inability or unwillingness to comply, the Purchaur may cause the weak to as performed by the boat expeditious mars available to it, am the Seller shall Pay all cows assocatN with such work. The Seller shall release the Purchaser and its contra curs of any tier from all liability and claims of any nature mulling fmm the ptefomnmce ofsuch work. This relrau shall apply even in Or event of fuel, of negligence of the parry relied and shall extend to the directors, officers and employees ofeuch party. The Seller's contractual obligations, including warranty, shall not he dermed to be reduced, in any way, because such work 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 covered by letter, patent, tradenurk or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement byre wan of the use of such pa, -,ad design, device, material or process in correction with the contract, and shall indemnify be Purchaser for any cost, expense or damage which it may b , obliged to pay by reason of such infringement at any time during the penetration or after the completion of the work. In case mid equipment, or any pan bigger an the intended use of the goods, is in such soil held ro.6. infringement aM the use of said equipment or pan is Joined, the Seller shall, at its own expense and at its option, either procure for the Purchaur the eight to continue using said equipment or parts, replace the mate with substantially equal but noninfnnging equipment, or modify it m it becomes noninfnngin& 15. INSOLVENCY. If the Seller shall become insolvent or hankeupt mode an emolument fen the benefit of creditors, appoin, a excerve, ust or tree fee any of the Sellers properl y or business, this order may forthwith be canceled by the Purc haser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights Pratt pania hereunder shall be Dammed under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on mid work at Sellars own risk until the same is fully completed and accepted, and shall, in arse of my accident, destruction at injury b be work and/or metmaH before Sellers ❑al completion reed .Mo.. complete fle wok at Sellers own expense and to the mfisbanom of the Purchases. What materials and equipment tie fmished by others for installation or erection by the Seiler the Seller shall rage, uNoad store and handle same 9 den site and become responsible therefor as trough such rearmals arWor equipment were being famished by flue Seller uMer the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workm mmperamtion, including occupational disease benefits, to its employces employed on or in connection with the work covered by this purchau under, amVor to then dependents in accordance with the laws of the &rate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited re, enntractml and automobile public liability insurance with bodily injury and death limits of at least 8300,000 for any tine person, b500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any ..,it noun the premises of others, the Sella shall f ish the Purchaser, with a manifests, that such compensation and insurance have been provided. Such cenificam, shall specify, the date when such compensation and insurance have been provided. Such ministers shall specify the date when such compensation and insurance expires. The Seller egrets that such compenation am .a shall be announced and one, the entire work is exmpleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibiliry and liability for tiny and all damage, lass or injury army kind or nature agog o or, to person or properly auud by or malting fmm tha emerge. i fhe work pmsided for in this purchase order or in connection herewith. The Sella will indermi and hold harmless the Purchaser and any r all of the Purcbaurs nlficecs, agents and employees From aM agpinat my and all claims, lasso, damages. chmga or repeaters, whether direct re indirtt and whether to persons or property b which the Purchaser may be put or subject by rcamn of any act, when, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employes. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by rcmmn of any am, action, airtime, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforemid, the Sella hereby agrees to .aurae the defrese thereof and to defend the same at the Sellers own expense, to pay any and all cools, charges, aomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pmchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in use judgment or other lien be placed upon or obminM against the property ofthe Purchaxq or said parties in or as a gualt of such suits or other proceedings, the Seller will at once rouse the same m be dissolved and discharged by giving bond or otherwine. The Seller and his contractors shall take all safety praautiom, fumish and in all all guards naasmy for the prevention of accidents, comply with all laws and regulations with regard In safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursumt thanes. Revised WQ014