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HomeMy WebLinkAbout126575 BLOCKWICK, EISEINSTEIN, KRAHENBUHL LLC - PURCHASE ORDER - 9134621Fort Collins PURCHASE ORDER Date: 12/18/2014 Vendor: 126575 Ship To: BLOCKWICK, EISENSTEIN, KRAHENBUHL LLC 225 CANYON BLVD BOULDER CO 80302-4920 PO Number Page 9134621 1of2 This number must appear on all invoices, packing sli s and labels. ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 08/21/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Special Counsel Services for 1 LOT EA 62,500.00 ADDENDUM TO PO Pay terms net 30 days Invoice Address: 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 FOR Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from state and local taxes. Our Functions Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Collector of Failure midst Purchaser to imed upon evict performance of the tames and mMiriom hereof, failure or delay to normal Revenue, Denver, Colorado (Ref. Colorado Revisal Statutes 1973, Chapter 39-26. 114 (a), exacts¢ any rights or remedies provided herein or by law, failure to promptly notify the Seller in the exam of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due us deldds of any of the wrarst ies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in uamit. may he reamed to you for credit and are not to be replaced except upon receipt of wdnrn Purchaser to imm upon strict perfoamance hereofor any of its rights or remalir m many such goods, regmdless Intrusion from the City of Pon Collins. of when shipped, received or accented, as to my prior or subsequent &fuel, hneuader, nor shall any purported oral mdifroon or rescission of this purchase order by the Pumhasa operdr as is waive of any of ale terms Inspation. GOODS are subject in the City of Fort Callim inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, servicm or equipment in response ro this coder can ..If in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, n is to be adermood than FINAL Seller and the Purchases recognim den in actml economic practice, Overcharge, resulting from antitrust ACCEPTANCE. dependent upon completion of all applicable nqutM inpatim procedures. violations ere in fact Nome by the Purchaser. Themofore, for good muse and m ronsideatioa for executing this Purchase order, the Seller hereby assigns to the Partiaer any and all claims it may nmv have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins, 200 Wood Se, To" Collins, CO 80522, unless acquired under Federal or state antitrust laws for such overcharges relating to the particular golds Or services otherwise specified on this order. If pemrissien is given to prepay, fight and charge up rarely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accomoenv invoice. Additional chimes for racking will not be accented. Shipment Distance. Where manufacturers have distributing points in sprious pm of the country, shipment is expected from the normal distribution point to destination, and excess freight will be dducted from Invoice when shipments are made from grata distance. Permits, Seller shall procure ate sellers sale cast all marmary pemtits, certificates and licenses required by all applicable laws, regolations, ordinances and mars of the stale, municipality, taribry or political subdivision where the work is pafoomed, or required by any other duly constituted public authority having jurisdiction over the work of weather. Seller further, agrees to hold the City of Fort Collins hmmlers f and against all liability aM boss incurred by them by on of m ascend or established violation of any such laws, regulators, ordinances, rules rearequirement. Authorization. All parties to this contract agree that the representatives are, in fact, From fide and possess full and complete authority to bind said prim. LIMITATION OF TERMS. This Purchase Order expressly limits accenantt to the terms and accounts stated herein set forth and any supplementary or additional term and conditions trimmed harem or incorporated herein by reference. Any additional or difrcnt trims and conditions proposed by caller arc objected to and hereby ujatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely ifyou cannot make complete shipment to active on your Promised delivery date as noted Time is of the essence. Delivery aM perfommnw most be effected within the time sutal on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpnnial late deliveries, shall operam as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. I however, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its hasomble control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, goveramental priorities, Lines. strikes, flood. epidemic, was or riots provided tar 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 lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conf with applicable drawings, specifications, samples augur other descriptions given, will be fit for for purposes intended, am performed with the highest degree of care and competence in accordance with accepted standards for work of a similm nature. The Seller agrees to hold the purchaser ¢orates (ram my loss, damage a expense which the Purchaser may suffer a incur on account tithe Sellers breach of wammly. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime assay be preunbal by law or by the terms of any applicable warmmy provided by the Sella aRa Be date of mcega ore of tale gaed famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defarive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of airy It. under this warranty. Except n 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 woranties or gammas, but such liability shall in as event include lass of prefirs or Ioss or ace. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team, oMer than legal tams, including additions m Or deletions f the quantities originally ordered in the specifications or dmwings, by verbal or wriven change rock. If coy such change affects the amount due Or the time of performance hereunder, an equitable adjuttmrnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portion of the goods than not shipped, subject to any equitable adjustment between the parries m to any wank or mmkials then in propeas provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good anger work, fro incidental or consequential damages, and that no such aljntment be site in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be seemed within thirty (30) days from the dine the change or termireatim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all grad sold hereunder shall have been produced, sold, delivered and famished in mild compliance with all ap,liable laws and mgulatiom to which the goods am subject. The Sella shall maute and deliver such documents n may be required in ¢Red or evidence compliance. All laws and regulations required to be incorporated in commands of this character are hereby incorporated herein by this reference. The Sella agrees a indemnify and held the Purchaser hero rless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shkl assign, tramf , or convey this order, m my monies due Or to become due harmder without the prim watch consent athe other pasty. 10, TITLE. The Seller waranu full, clear and unmtrided title to the Purchaser for all xquipmenl, matedks, and items Roadstead in performance of this agreemens, free eel clear of any am all liens, marrictims, reserveoom, memory interest academics and claims ofrthem 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date a be agreed upon by the Purchaser, and the Sella, and the Sella thcrrfter indicates its inability a unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Seger shall release the Purchases and its contractors of my net from all liability and claims of any nature resulting from the performance of such work. This relcam shall apply even in the event of fault of negligence of the party released am shall extend In the directors, oRca, and employers of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, baouu such work is performed or caused to be Fathomed by Re Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or powers covered by later, patent, trademark Or copyright, the Seller shall indemnify and save hamdeu the Purchaser from any and oll claims for infringement by reason of the use of such patented design, device, Miami or process in comection with the contract, and shall indemnify the Purchaser for my cast, expene or damage which it maybe obliged to pay by reason of such infringement m any time during the prmmurion or after not completion of the work. In rase said equipment, or any Pan thereof or the intended use of the goods, is in such suit held to contour infringement and the use of said equipment or pan is enjoined, the Sella shall, at its awn expense and at its option, either procure for the Purchaser the right t,, continue using said equipment err pans, replace the same with substantially equal but noninfringing kluipmern, or mmRfy it sa it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of acdium. appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser wmand liability. 16. GOVERNING LAW. The definifiion oftemts used or the if rNretatim ofthe agreement and the rights orall parties hereunder shall IN consaved coda and gavnned by the laws ofthe Siam ofColmedo, USA. The following Additional Conditions apply only in rus where the Seller is to perform work hemundeq including tee services of Sellers Representative's), on the premises ofothen. 17. SELLERS RESPONSIBILITY. The Sena shall cam on said work a Sellers awe risk until the same is fully complered and adapted, ark shall, in case of any accident, dentmction or injury he the work andlo mmeriak before Sellers final completion and acceptance, complete the work at Sellers awn expense and to she satisfaction of the Purchaser. When materiak and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload, stare and handle same al the site and become responsible therefor as though such materials angry equipment were being famished by the Sella coda the order. I S. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mgor to their dependents in accordance with the laws of the sure in which the work is a be done. The Seller shall elm cam comprehensive general liability including, but not hmltal to, contactual and automobile public habiliry insurance with bodily injury and death limits of at least S300,000 for any one Pusan, S500,000 for any cr, oident and propertydamage limit per accident of S400,03). Tim e Seller shall likewise require his ontractors, ifany, to provide for such transformation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall garnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompeasation and insurance have bean provided. Such certificates shall specify the doe when such campar mlon and insurance expires. The Seller agrees that such compemstion atd insurance shall be nuinuinat .,it eau the entire work is completal and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mis o ombiliry am liability for my and all damage, loss or injury of any kind or ware whomever to persons or papery caused by m resulting from Re execution ofthe work provided for in this Purchase orda at in connection herewith. The Seller will irdemni fy aed hold harmless the Purchase sad my cr all of the Purchasers officers, agents and employees from notagainst my and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to Famous or property to which ale Purchaser may be put or subject by reason of any rat, action, neglect, omission or default on the an of the Seller, any Of his commcmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other prattdings shall be brought against the Purchaser, or its officers, agents or employees at my time m account or by reason of any act, action, neglect, omission or default of the Sella of why of his contractors or my of is or their officers, agents or employees as of said the Sella hereby agrees in assume the defense thereof and to defend the same at the Sellers Own expense, a pay any and all costs, charges, atamcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its Or their officers, agents or employees in such suits or other proceedings, and in One judgment or other lien be placed upon or obtained against the properry of the Purthasa, or said parties in or as a result of.soch suits at order pmcealings, the Seller will at ore cause rise same to be dismissed and discharged by giving band or otherwise. The Seller and his comranors shall sake all safety priandime, famish and imull all guard nccndi for the prevention of accidents, comply with all lawn and regulations with regard to repay including, but without limitation, the Occupational Safety and Health Act Of 1 GO and all Mess and regulations issued pursuant thkem. Revised 07n014