HomeMy WebLinkAbout543861 LIGHTFIELD ENTERPRISES AR - PURCHASE ORDER - 9147177Fort Collins
Date: 12/05/2014
Vendor: 543861
LIGHTFIELD ENTERPRISES AR
ATTN: CHRIS HANSES
6330 S COLLEGE AVE
FORT COLLINS CO 80526
PURCHASE ORDER
PO Number Page
9147177 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: COMMUNITY DEV & NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Concrete Work 1 LOT LS 8,081.18
per Work order 09-VOG-590106.535010-14
Chase plates near ACE.
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.00m
Total
Pay terms net 30 days
Invoice Address:
in[]
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 statute the City of Fort Collins u exempt from stain and local taxes. Om Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Trillium of Ne Franchiser to insist upon strict pert re office mints and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failare to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder in approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to am specifications, either when shipped or due to defects of
any of the warranties or obligations Of this pualase under and shall not be deemed a waiver of any right of the
damage in transit, may be mumed inn you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any offs rights or remedies as many such goods, regardless
instructions from the City of Fort Collins.
.17.1m. shipped, received Or accepted,. to any prior or subsequent default hereunder, nor $lull any puryoMd
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rams
Iwpmtiun. GOODS are subject to the City of Fart Collins irss,emon an mtival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autMnaed payment m the pan of the, City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchasor mognire that in actual cois practice, overcharges resulting from mfiunt
ACCEPTANCE is dependent upon completion of all applicable requited inspection pmxdures.
violations are in fact home by the Purchaser. ThereffOte, fair good cause and n mnsidemnon fin executing this
Purchase order, the Sell= hereby assigns to the Purchaser my and all claims it may raw have or hereafter
Freight To—. Shipments must be F.O.D., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522. unless
acquired under, fcdend or state antitrust laws for such overcharges reducing to the particular goods or services
otherwise specified on the order. If permission is given to prepay freight end charge tepveted , the mrigiml guitar
purchased or acquired by the Pu c haec, pa orenvo this parchas order.
bill must arcommnv invoice. Additional shames for packing will not be acumted.
Shipment Distance. Ali. manufacturers have continuing points in various as of the country, shipment is
expected from the nearest distribution point m destination, and excess freight will be deducted from Invoice when
shipments me made fiom greater distance.
Permits. Seller shall procure at sellers sole cost all necessary Permits, certificates and licenses required by all
applicable laws, regulation, ordimances and rules of the state, municipality, territory or political subdivision where
the work is perfotmM or required by any other duly nominated public authority havingjuriedictiaa over the work
of vendor. Seller harbor agrees to held the City of Fort Collins harmless from and against all liability and Iass
incurred by them by mason arm asserted or established violation of any such laws, regulation, mommnces, rules
and requirements.
Authoneration. All parties to this conttoct agree that the represenmlivei art, in fact, burro fide and possess full and
oamete vutheory to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terns and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment W move on your
promised delivery dam as noted. Time is of the asseme. Delivery and performance rant be effected within the time
stated on the purchase under and the documents attached hereto. No acts of Ile Purchasers including, without
limitation, scceplanm ofpmial lam deliveries, shall operate as a waiver of this provision. In she event of any delay,
the Purchaser shall have, in addition Ia Other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sell. shall not be liable for damages . is molt of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of ncgli6eecc,
such acts of God, acts of civil or military authorities, govemmental premium, fires, sakes, Boad, epidemics, wars or
rims 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 actually lust by reason Of the delay.
3. WARRANTY.
The Seller wananb that all goads, articles, materials and work covered by this order will confcat with applicable
drawings, specifications, samples and/or other description given, will be fit for the proposes intended, and
Performed with the highest degree of care and competence Or mcondmtce with scccpted standard fin work of a
similar where. The Seller agrees m Mid the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Seller breach of warranty The Seller shall eplaco, repair or make
good, without it so Ore purchaser, any defects or fruits arising within one (1) yrar or within such fang. Pend of
lime as may M prescribed by law or by the terms of my applicable wantonly provided by the Seller after rise data of
acceptance of the goods fmnishd heeudar bromptance not m be inconsumably delayed), resulting fmm imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of good by ode Pumhasser shall not
constitute a waiver of my claim under this warrunty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately wus,d by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits of Jun 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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puehaur may make my changes to the more, other than legal corms, including additions to or deletions fmm
the quantities originally ordered in the speciGwtions or drawings, by verbal or winum change order . If any such
change offer. 6, amomm due or thrum, mfperf ance hereunder, an equitable adjustments shall be made.
6. TERMINATIONS.
The Pumhwer may at any time by written change color, terminate this agreement as to any or all potions of the
goods Oren not shipped, subject to any equitable adjustment between the parties as to any wook or materials then in
pmgresa provided that the Purchaser shall nut be liable for any claims for anticipated profits on the uncompleted
portion of the goods amVor work, for incidental or comequential damages, and that no such adjustment be rode in
favor of the Seller with expect f my good which are rise Sellers standard stock. No such termination shall relieve
the Purchnsef or the Sella of my afthai, obligation as as my good delivered hereunde.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjusnnent most be awned within thirty (30) days Boom the date the change or setmitation is
ordered.
8. COMPLIANCE WITH LAW.
no Seller warrants, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance wind all applicable laws and regulators to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be
incorporated in agreements of this character ere hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all corns and damages surfaced by the Purchaser as a result of the
Sellars film, m comply with such law.
9. ASSIGNMENT.
Neither lacy shall assign, confer, or convey this mode, or my mania due ar m become due hmwmd. without the
poor wren consent ofthe other party.
10. TITLE,
The Seller warrants bill, clear and maresocted fide to the Pmchasunt for all equipment, materials, and items burnished
to performance of this agreement, fin and clear of my and all liens, evictions, reservations, immunity interest
encumbuncas and claims of others.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its nubility m unwillingneu m comply, the Purchaser,
may cause the work to he per[utmed by the most expeditious means available to it, end the Seller shall pay all
costs associated with such work.
The Seller shall whose me Purchaser and its coatmctars of any tic, from all liability and claims of any w am
malting Bum the performams of such work.
This release shall apply roan in the event of fault of negligence of the party reload mod shall extend to the
directors, oEcars and employees ofmch party.
The Sellers contactual obligation, including warranty, shall not be deemed to be tduced, in any way, because
such work is performad or caused to be Performed by the Purchaser.
14, PATENTS.
Whenevenhe Seller is required to one ony design, device, materiel or pancess covered by latter, patent, trademark
or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement
by reason of the use of such camard design, device, material or process in connection with the common, and
shall indemnify the Noricum for any cast, expense or damage which it nay be obliged to pay by reason of such
infringement at any time during the pummution or after the completion of the work. In case said equipment, or
any par thereof or the intended use of the good, is in such suit held m .... infrngement and the use of
said equipment or part is enjoined, the Seller shall, at its own e.,. and at its option, cider procure for the
Purchaser the right to continue ping said equipment nr parts, replace the same with substantially acual but
noninGtnging equipment, or modify it m it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or barkmpt, make an assignment for the benefit of creditors, appoint a
Or music, far ony of the Sellers property or business, this code, may foMwith be canceled by the
Purchaar, without liability.
16, GOVERNING LAW.
The defnitian oftenew used or the interpretation ofthe agreement and the rights of all parties hereendar shall be
onmd under and goad by the laws of the State ofC.I.do, USA.
The following Additional Conditions apply only its couroa where the Seller h m peAomr work hereund.,
including rise services of Sellers Representativea, an the premise archers.
12. SELLERS RESPONSIBILITY.
The Seller shall cart' an said work at Sellers own risk writ the some a fully complHM and accepted, eel shall,
in case of any accident, destruction or injury to the work mNor materials before Sellers fro completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of rise Purchaser. When materials
and equipment ere famished by others for inellatian .1 ametion by the Scller rise Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials andfr equipment
were being( ishM by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own exporue, provide for else payment of workers compeomtioq including cormatimal
disease benefits, to its employers employed an or in comedian with the work covered by this purchase order,
sndlor 10 their depedents in recondanre with the laws of rho sate in which the work is . be done. The Seller
shall also mrry mmpehenive general liability including, but het limited to, vmmmml and automobile public
liability ioswrnce with bodily injury and death limits of or least 5300,000 for any oar person, 5500,000 for any
one incident and Lamprey damage limit per accident of S400,000. The Seller shall likewise ,quire his
instructors, if my, m provide for such exam ncediw and inumnm. Before any of the Sellers or his interior.
employees shall do any work upon the premises of others, the Seller shall famish the Putchas. with a certificate
that such compensaimr and insurance have been provided. Such certificates shall specify the data when such
compensation and insurance have been provided. Such certificates shall specify the doe when such compensation
and inurance expires. The Seller agrees that such compensation and insurance shall be maintained until One, the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller h.,by assumes the entire responsibility and liability for any and all damage, loss or injury army kind
r were whatme%or m persons in property caused by or resulting from the exemtim of the, work port for in
this purchase under or in camced. harexith. The Seller will imfemaify and hold harmless the Purchaser and nay
r all of the Purchasers oRic.s, agents and employees from and against my and all claims, loss¢, damages.
charges or expenses, wh.her dims or indirem, and whether to persons or property W which the Pardoner may
be put or subject by reason of any act, action, caddies, omission or default an the pan of rise Seller, my of has
contactors, Or my of the Sellers or cavemnars officers, agents in employees. In Catia my suit Or other
proceedings shall be brought against the purchases, or its officers, agents or employees at any time an account or
by reason of my act, action, neglect, omission or default of the Seller of my of his cormassu rs or any of its ar
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officer,
agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchases, or said parties in or n a result ofsufi suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bend or oferviu. The Seller and
his contractors shill sake ell safety interaction, furnish eel intall all guard nmessary for the preventian of
accidents, comply with all laws and regulations with regard to safety incbWm& but without limitation, Ote
Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant thomo.
Revised OW014