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HomeMy WebLinkAbout549114 DOCUSIGN - PURCHASE ORDER - 9147354Fort Collins Date: 12/11/2014 Vendor: 549114 DOCUSIGN 1301 2ND AVE SUITE 2000 SEATTLE WA 98101 PURCHASE ORDER PO Number Page 9147354 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PURCHASING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/11/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Invoice 898638 1 LOT LS 7,007.0000 7,007.00 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 $7,007.00 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. COMIMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes, Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Inwood Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a). Good Reated. GOODS REJECTED due to failure,. meet specifications, eitherwhen sbipp d m due to defects of damage in transit, may the, retumd to you for credit and are not f be cultural except upon Maps of wrinen innmaions from the City of Fort Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in reponse to this order can fault in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable squired uspectian procedures. Freight Terms. Shipments must be F.O.B., City of Too Collins, 700 Wood SL, Too Collins, CO 80522, unless whav iw specified on this order. if pemtission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dalmatian, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole cost all neecaaary permit, cenificmo and license regtial by all applicable laws, mgulmioru, ordinances and rules of the sum, municipality, tenitury or political subdivision where the work is perhommed, or required by any other duly constituted public authority having jamptlictim over the work of vendor. Seller further agrees to hold the City of Fair Collins harmless from and against all liability and lass inamed by them by reason of an named or established violation of any such laws, regulations, fi imnces, rules wad requirements. Aufo omarm. All parties or this comma a,om fat the mpresenutives are, in but bows fide rid possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Parchue Order expressly limits acceptance to fie terms and conditions stated herein set forth and any supplementary or additional terms and conditions arousal herein ar incorporated herein by reference. Any additional or different it.,, and conditions Imposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your ,.maid delivery doe as noted. Time is of fie essence. Delivery end Performace mat be effected within me time stated on the purchase order and the daummts attached heeoo. No xis of me Purchasers including, without limitation, acceptance of faanial late deliveries, shall operate a a waiver of this provision. In fie e'en, of any delay, me Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this oNer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages a a result of delays due 1m causes not reasonably foreseeable which are beyond its reasonable coalml and withom its fault of negligence, such ants of Gal, .,Is of civil or military amhonties, gnrcmmen al priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of fie conditions causing such delay is given to me Purchaser within five (5) days of the time what the Seller Boat received knowledge fiereor In the event of my such delay, me date of delivery shall be c.usn a for me period equal to me fime actually lost by tenon ofthe delay. 3. WARRANTY. The Seller wanams that all gaol, articles, materials end work covered by this order will conform with applicable drawings, specifications, somplex andtor other descriptions given, will he ❑t 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 Sella agrees to hold the purchaser harmless fmm any loss, damage or expense which me Puodhce, may suffer or incur on account ofilm Sellers breach of war , The Seller shall replace, first, or make good, wifcut cis, m me purchaser, any defects or faults arising within one (1) year or within such longer pma of time as fray be proscribed by law or by me tams of airy applicable warranty pmvida by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting how imperfect or defective work done or mamnls famished by fie Seller. Acceptance or use of good by she Purchazer shall not constitute a waiver ofmy claim under this warranty. Except to 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 warranties or guarantees, but such liability shall in 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 terms by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal lams, including additions to or deletions from ,he quantities .,quaally ordered in the epecificralor or drawings, by verbal or wrinen change order. If vtry such Charge affects the amount due or fie time ofpedormance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my fine by written change order, terminate Nis agreement a m any or all Famous of the goods than rim shipped, subject to any equitable adjustment between the parties as to my work or mmmals has in progress provided that the Purchazer shall not be liable for any claims for anticipated profs on fie uncompleted portion of the goods and/or work, for incidental or mnsmummial damages, and that no such vd,.—.t be made in favor of the Seller with respect to any good which arc the Sellers standard stack. No such termination shall relieve the Pmchaer .,,he Seller of my ofinen obligations a to any Rapids delivered twomnda. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within miry (30) days ( me date fie change or termination u ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, said, delivered and famished in spin, compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such dauments as may be required to effect or evidence compliance. All laws and regulations s h prat to be ncmpomta in agreatrems of this character art hereby incorporated herein by dais reference. The Sella agreo to indemnify and hold the Purchaser harmlos fmm all costs rid damages sufferer by the Purchaser as a result of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither parry sholl assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wfihm consent fifth, at party. iLTITLE. The Seller warrants full, clear and puafned title m the Purchazer far all equipment, materials, and items famished in performance of this agreement, f and clear of my and all lien, mnrictions, reservations, seamy interest enctmlawas and claims ofofem. ILNONWAIVER. Failure of the Purchaser a insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in fie event of a breach, dia acceptance ofor payment for goods hereunder or.put mal of the design, shall rim relate the Seller of my of me wrarantims or obligations of this purchase order and shall vat be dinned a waiver of my right of file purehaser to insist upon sbict performance heremfor my of its rights or females as to my such good, regardless of when shipped, received or accepted, as m my prior or subsequent default hcreader, nor shall any purmaa oral modification or rescission of this purchase order by the Purchaser operate as, a waiver of any of the mows hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller as he Purehner recogaize that in actual ee , is practic overcharges resmm iag fmantitrust violations are in fact Frame by me Purchase. Theremfore afar good cause and a cmtsideration for executing this purchase order, the Sella hereby tonight as me Purchaser any cord all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relining in me panimla goods or urviar purchaud or acquired by fie Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by file Purchaser and the Sella, and the Seller thereafter it lmates its inability or unwillingness to comply, me Purchan may eaa a me work to be performed by the most expeditious means available to it, and fie Seller shall pay all rents asociated with such work. The Seller shall release fie Purchoser and its contractors of my tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees clinch pray. The Sellers contractual obligations, including warranty, shall not be daema a the, educed, in any way, because such work is performed or caused to ho performed by me Purchnser. 14. PATENTS. Whenever the Seller is required to use any design, device, mmerial or process covered by leper, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by reason of the use of such painted design, device, material or process in connection wit me contract and shall indemnify me Purchazer for my cost, expense or damage which it may be obliged to Pay by reason of such infngement at vny time dung the prosecution or after me pomplalon of the work. la mom said equipment or any pan moor( or fe intended use of the goods, is in such suit held la constitute inGrngenant and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its optiorg rife, procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but soninffinging equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNrmpt make an assgnment for the benefit of creditors, appoint is receiver Or trustee for any of me Sellers pmlKny or business, this order may forthwith be canceled by fie pumhuer without liability. 16. GOVERNING LAW. The definitions of terms used or me interpretation ofthe agreement and fie rights of all parties hereunder shall be onstmed under and governed by fie laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where fie Seller is to Perform work hereunder, including the serviees of Sellers Reyreunntive(s), on the premises ofomas. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until me same is fully completed and imperial, and shall, in sou of any accident, destruction or injury a the work and/or minerals before Sellers lire] completion and platinum, complete the walk at Sellers own expense and to me satisfaction of she Pumhaer. When mammals and equipment are f mished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor a though such materials author equipment were being furnished by the Sella under me order. 18. INSURANCE. The Sella shall, at his own expense, provide for the pvMan of workers ason,msation, including accuWtional disease benefits, to its employees employed on or in connection with me work covered by this purchae order, author to their dependents in accordance with me laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but act limited to, contractwl and aummabile public liability insurance with hadily injury and death limits of at least S300000 for any one person, 5500,000 for any one accident aM property damage limit per accident of S400,000. The Seller shall likewise require his conmcom , if my, a provide for such compensation and imuparm. Before my of me Sellers in his contractors employees shall do any work upon the premises of others, But Sella shall Barash the Purchua with a certificate mat such compensation and insumncc have bxn Provided. Such api ificzto shall specify me dart when such pompenvtion and iru m have been provided. Such cenificata shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and promote shall be maintained until after the mime work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass,. me maire responsibility and liability for any and all damage, loss or injury of any kind in retort whatsoever to Person or properly caused by or mouthing Rom me execution ofthe work provided for in this purchase order or in correction hrrewim. The Sella will mdenwfy and hold hamrless fie Purchazer ad any or all of the Purchasers officers, agents and employees from and against my and all claims, Imams, damages, charges or experues, whether direct or indirect, and whether to persons or property to which me Punchuer may be put or subject by reason of any act, action, neglect, omission or default on the Not of the Seller, any arras common, or any of the Sellers or contractors oficen, agents or employees. In case any suit or omet proceedings that be brought against the Purchaser, or its oRcers, agents or employees fit my time oa account or by reason of my act action, neglect, omission or default of Bar Sella of my of his contractors or any of its or thew oMap., agents or employees as aforesaid, me Seller hereby agree a aaame the defer, thereof and to defend me ante at me Sellers owns expense, a pay my and all cars, chatga, attorneys f and other expenses, any and all judgmcnu that may be incncced by or obtained again fie Purchazer or my of its or their officers, agents or employees in such shin or other proceedings, and in case judgment or offer lien be pipped upon or obtained again the pm ppry of the Producer, or said parties in or as a result of such suits or offer proceedings, fie Seller will to pore cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prtceutions, famish and install all hands nmosary for the prevention of accidents, comply coif all sews and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlea and regulation issued pursuant thereto. Revised 072014