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HomeMy WebLinkAbout353311 CHEVO STUDIOS - PURCHASE ORDER - 9146900PURCHASE ORDER PO Number Page City of PURCHASE 946900 , of 2 ' `tCollins/ V This number must appear ` on all invoices, packing sli s and labels. Date: 11 /25/2014 Vendor: 353311 CHEVO STUDIOS 4747 NATIONAL WESTERN DR SUITE A DENVER CO 80216 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP N. College (Conifer to Willox Design Contract 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 1 LOT LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 586 Fort Collins, CO 80522-0580 tad Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By swrute tM City of Fort Collins is exempt fmm emerged local tarn. Om Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is m,isored with tM Collector of Failure of the purchase to inim upon series performance of the terms end cautition hereof, failure or delay to Internal Revenue, Denver, Calomdo (Ref. Calosado Revisal Standing 1973, Chapter 39 26,114 (a). exercise any rights or remedies pmvided beMn or by law, failure to promptly ratify tM Seller in be, event of a beach, tM wee Bona of -payment for goods bereurder car approval ofNe design, shall not release the Sale of Good, Rejected, GOODS REJECTED due to failure b meet efecifceriata, either when shipped or due w defers of any of the warsnties or obligation of this purchase order and shall not M domed a waiver of my right of the damage in tmnit, may be moaned to you for credit and are not w be, re,lattd except upon receipt of woos, pawl sser go insist upon strict pefonnma hermfar my of its rights or remedies as in my such goods, regardless instruction fmm the City of Fort Collin, of when shipped, received or accepted, as Ir my prior or subsequent default bromider, mar shall any purported now moth feation or rescission of this purchase ode by the Punhase operate as a waiver of any of the temp Imputed... GOODS ate subjee m the City of Fon Collins inspection on mrival. hereof. Final Acceptance. Raeip of the merchandise, serviers or equipment in response to Nis order can resull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhodzed pamten, on the an of the City of Fort Collins. However, it is go be bid erstotal that FINAI, Seller and the Purchaser recognize that in actual economic practice,res overcharges ulting fmm mtioust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchase, Theretofore, forgoodcause and n conidembon for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fun Collins, 700 Woos) Sr. Fort Collin, CO 80522, unless acquired under federal or state antitrust laws fur such overeMrges relating to the particular goods or services mMwise specified on this order. Ifpmnission is given m prepay fmight and charge separately, the original freight purchased or acquired by the Purchaser pursuma to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dismns.When, manufacturers have distributing pains in v osa pans of the onrry, shipment is Ifghe Purchaser brads the Seller to correct nonconforming or defective goods by a date to M agreed upon by the expected from the narcat dearibmiew point to destintion, and excess freight will be deducted boom Invoice when Pummeser and the Sella, and the Seller thereafter indicates its inbility or nwillingness to comply, the Purchaser shipments are made from greator ilk... may cause the work to be performed by the most expedition mean mailable to it, aW the Seller shall pay all costs acsocimed with such work. Permits. Seller shall pmeate at sellers sole cost all necessary permits, cmifares aW Incomes mlnimi by all applicable laws, regulation, ordimneas and rules of the state, municipality, territory or political mbdivision where The Seller shall release the Forebear and its contractors of ray ties from ell liability and claims of any mature the work is performed, or national by any other duly rotational public authority havin, junselictiew ovm the work resulting fmm the perfomrmre ofsuch work. of vendor. Sella further agrees to hold the City of Fort Collins harmless fixing and again, all liability end loss incurred by them by ¢"son of an asuned ur established violation of any such laws, regulation, mdinewas, miss This release shall apply even in the event of fault of negligence of be, pars, released and shall extend w the and requirement, directors, officers and employees of such party. Authorialum. All parties in this canes,, agree that the represenmiva arc, in far,. bon tide tad possess full and complete authority to bird said panics. LIMITATION OF PERMS. This Purchase Oder expressly limits acceptance to the terms and conditions stated herein act font and any supplementary or additional terms and conditions annexed hereto or incorporated berein by reference. Any additional or different terms and conditionsproposed by seller arc objected in and herebyr crom 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment w arrive on your promised delivery date as noted. Time is of the asena. Delivery and performance most be aieaed within the time stated on the pandow order and the documents attached Facto. No aces of the Purchasers including, wither, limitation, acceptance of,disl late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and ryuimbl, remedies, the option afflatus, this ode, elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not emeorubly foreseeable which are beyond its reasonable eontml and without its fault of negligence, such acts ofGW, tuts ofcivil or military autboritia, governmental priorities, fins, strikes, Rood, epidemics, wars or riots provided the notice of the condition arcing such delay is given to the Purchase within five (5) days of the time when the Sella first received knowledge thereof. In the event of ray such delay, the date of delivery shall ho extended for the period equal to be tine, actually lost by reason ofthe delay. 3. WARRANTY. The Sella wmmnm that all goods, articles, materials and work covered by Nis order will roof with applicable drawings, specification, samples mkm other description given, will be fl for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sundads for work of a similar rare. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Foursome may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the pumhamg my degas or faults arising within one (1) year or within such longer period of time as may M p,.cdbd by law or by the corms of any applicable warranty provided by the Seller after the dam of acceptance of the goods furnished hemnda (acceptmce ,or to be inrcm usably delayed), resulting from imperfect or defensive work done or materials formatted by the Sella. Acceptance or me of goads by he Purchaser shall net constitute a waiver of any claim mods this warranty. Except as otherwise provided in this purchase river, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the f going someone, or gnrantees, but such liability shall in no mew include loss of profits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. TM Purchaser may make change, to legal names by written change etch. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any clanges to the torn¢, offer ban legal tame, including addition go m deletion from the gmmitirs originally ordered in the specification or drawings, by vaWl or wine change order. If any such change affects the amount due or the time ofpe,formmce M1aeundeq an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by when change order, terminate this agreement as an ray or all p nttiota of the goods then not shipped, subject in any cgdrome adjnMed between the ponies as w any work or materials than in progress provided that the Purchases shall not be liable for any claims for anticipated profits on the uncompleted portion of the go Ws ankor work, for incidental or consequential damaga, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjuarnew must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warnings that all gaol sold hereunder shall have ban produced, sold, delivered aW famished in shin nmpliame with all applicable laws aW regulation to which the goal use subject. The Sella shall execuge and deliver such documents as may M required to eft a or evidence compliance. All lows and m dadon requital to M incorporated in agreements of Nis character ere hereby inoryomted herein by Nis refegence. The, Sella agrees to indemnify and hold the Purchaser harmless fmm all costs and damaga suffrred by the purchase as a resull effort Sellers failure to empty with such law. 9. ASSIGNMENT. Neither party shall aasign, tmnfer, or convey this order, or any monies due or to borne due herender without the Prior wriaen consent ofthe other got 10. TITLE. The Seller warrant full, clear and unrestnaed title to the Purchases for all equipment, materials, and items famished in performance of this agreement, free and clear of any tad all lien, rrmbdiu a, reservation, security interest menmbrancss and claims of others. The Sellers contractual obligation, including wmrmty, shall not M domed to be reduced, in ray way, becmtu such work is performed or wood a b , performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, pater, trademark or copyright, the Seller shall indemnify and save himmlms the Purchaser from any and all claims for infringement by reason of flue ne of such paretired design, device, material or process in connection with the contract, and shall indemnify the Purchases for any cost, expense or damage which it may be obliged no pay by reason of such infringement at any time during the prosecution or alter the completion a the work. In case said equipment, or any pan thereof or the intended use of the goods, ¢ in such suit held w consai be infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or posts, replace the same with substantially equal but twninGnging equipment, or modify it so it becomes wer inMnging. 15. INSOLVENCY. If de, Seller shall become insolvent or hemming, make an assignment for the benefit of credign, appoint e receiver or warma fat any of the Sellers property or bninsm, this coda may 6Mwith be canceled by the Purchaza without liability. 16. GOVERNING LAW. The definition or,emss tad or the interpretation offl a agreement and de, rights of all parties herender shall be ,enured under and governed by the laws ofthe Some ofColomda, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Remesmtalwas), on the premises af.thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and incepted, and shall, in s of my accident, destruction or injury to the work ankor materials before Seller's final completion and acceptance, complete the work as Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Sella, the Seller shall receive, mound, store and handle sane at the sire and became responsible thereto, as though such materials maker equipment were being ( ished by be Sella brute, the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupationl disease benefits, to its employees employed on as in comments with the work covered by this purchase "ores, summer to ,Mir dcycWcnm in accordance with the laws of the state in which the woh is an be done. The Sella shall also many comprehensive general liability interim, but not limited to, committed and automobile public liability insurance with bodily injury aW death limits of at least S300,000 for any one person, 5500,000 for my accident and property damage limit per accident of 5400,000. The Sella shall likewise raptire his comments, Harry to pmaide for such compression and resonance. Before my of the Sellers or his contractors employ. ahall do any work upon the premises of others, the Sella shell f ish the Purchases with a carfare but such compensation and insurance have ban provided. Such certificates shall specify Ore date when such compensation and insurance have been provided. Such cenificata shall specify the date when such compensation and insurance expires. The Seller sprees that inch compensation and insurance shall be maintained mtil after the entire work is completed and accepted. 19. PROTEC PION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the¢mire rapari uliry and liability for any and all damage, lass or injury of any kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hesewith. The Sella will indemnify and hold hmmless the Purchaser and ray r all of the Purchasers effects, agents and employees Iwo and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property, to which the purchaser may b, put or subject by reason of my tut, ration, neither, omission or default on the pan of tM Sella, my of his contractors, or ray of the Sellers or contractors officers, agents or employees. la case ray suit or other proceedings shall be brought againr the Purchaser, or its officers, agents or employees A my time n account m by reason of my tut, mains, neglect omission or default of 0m Sella of ray of his ronmxmn in my of its or their dices, agents or employers as ifansaid, the Sella hereby agrees to assume the defense tM,eaf vast to defend the same at the Sellers own expense, an pay ray and all eosu, charges, anomeys fees and other expenses, ray and all judgmmu that may be incumd by or obuind against the Purchaser or any of its or then officers, sperms or e,nployas in such suns or other proceedings, and in case judgment or other lim M placed upon or obtained egaitag the properry of the Purchases, ar said porgies in or ss a.1, of such stirs or other pence dings, ,he Sella will at once come, the same to M dissolved and discharged by giving bard or otherwise. The Seller and his contractors shall take all safety precmrion, fourth and install all guards necessary, for the prevention of accidents, comply with all laws and regulation with aimed to safety including, but without limitation, the Occupational Safety and Health Act of 1900 and all mles and regulations issued pursunt thereto. Revised 00n014