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HomeMy WebLinkAbout549313 MIG - PURCHASE ORDER - 9147662City of FF6rt Collins Date: 12/29/2014 Vendor: 549313 MIG 4696 BROADWAY BOULDER CO 80304 PURCHASE ORDER PO Number Page 9147662 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/29/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Old Town Neighborhood Plan 1 LOT LS 150,000.00 Per Terms and Conditions of RFP 8029 and agreement dated 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 exemptions. By mature the City of Fort Collins is exempt from state and local taxra. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Collator of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Summit 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure in meet tinsel Gcations, either when shipped or due to defects of damage in Ransil, may be returned to you for credit and are act to a replaced except upon receipt of written instructions from me City of Fort Collins. Indication. GOODS am subject a the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in sunonamal payment on me pan of the City of Fort Collins. However it is in be understood thaFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection wa whims. Freight Terms. Shipments must he F.O.B., City of Fort Collins, 900 Woad St. Fort Collies. CO 80522, unless omerxise specified on this order. if permission is given to prepay fight and charge arpaately, me original freight bill most ucompany invoice. Additional charges for packing will not be sompted. Shipment Distance. Where mmnufacnaere lave distributing points in various pans of the country, shipment is expected fmm the saint distribution point to drstimtow, and excess freight will be deducted from Invoice when shipments see made new greater distance. Permits. Seller shall procure at seller sole cost all nmaasary permits, certificates and It. onsporrel by all applicable laws, regulations, ordinances and rates ofine state, municipality, territory or political subdivision where the work is performed, or required by any other duly conssimed public authority havingjurisdiction over the work of leader. Seller fuller agrees to hold the City of Fart Collins harmless fmm and against all liability and loss warned by mew by reason of an asserted or established violation of any such lawn, regulations, wdimnca, .1. and rryuiremmrs. Aunoriaatim. All partial a this contract agree then the representatives are, in act, Thom fide and possess full and complete authority in bind said partial. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance a the temu and conditions saved herein set fall and any salementary or additional toms and conditions anneaed hereto a incorporated herein by reference. Any additional or different teams and conditions pmposrd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is ofine amen. Deliveryand performance must be effaced winds the time smd on the Purchase order and me documents attached hereto. No acts of the Pwchsm including, without limitation, weeptance of partial late deliveries, stall oamm as a waiver of Nis provision. In the event ofmy delay, the Pwchuln shall have, in addition to other legal and equitable remedies, the option adducing this order elsewhere and holding she Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due as comes not reasonably foreseeable which are beyond its reammble consul and without its fault of sgligmeq such acts ofGod, arts of civil or military authorities, "wourbmtal priorities, fires, scroll, Rood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In tie event of my such delay, the dam of delivery shall be extended fa the period egml to the time actually lost by reason of tie delay. 3. WARRANTY. The Seller warants that all goods, aids, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, *and Fathomed with the highest degree of rare and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold me purchaser hornless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sella breach of waranty. The Seller shall replace, repair or make good, without cost to the parchauq any defects or faults wising within one (I) year or within such longer period of time ns may be prescribed by law or by the terms of my applicable warranty truckled by the Seller orbit the dam of acceptance of the goods f isbd hereunder memptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim order this mammy. 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 lass 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Xmas, other than legal terms, including additions to or deletions from me quantities originally ordered in the specifications or drawings, by verbal or written change order. IIany such change others the amount due or the time of performance hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Pmchmer may at any time by written change order, terminate this agreement in to any or all anions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaer shall not be liable for any claims for anticipated profs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wim respect m my goods which are the Sella standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be worried within thirty (30) days from the date the change or lamination is ordered. R COMPLIANCE WITH LAW. The Seller wananrs that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as maybe required to effect in evidence compliance. All laws and regulations tequired to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller ogres to indemnify and hold me Purchaser harmless from all costs and damages suffered by the Nodular as a rsoil of the Sellers failure w comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the Fiber wrinm consent afthe other, party. 10. TITLE. The Seller warrants full, door and unrabictd title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, fires and clear of any and all liens, ratrinime, reservatione, security internal encumbrances all claims a f others. I I. NON WAIVER. Failure of me Purcbaur to insist upon strict performance of rise tears and conditions hereof, failure or delay to exercise any rights or remdia provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any or rise warranties or obligations of this purchase order and shall not be domed a waiver of any right of the purchaser to insist upon strict performance Immofor any of its lights or remedies s to any such goads, regardless of when shipped, received or allocated, as to any prior or subsequent default heeunder, nor shall any purported am[ modification or mulasion of this purcM1nse order by me Purchaser mamte as a waiver of my of the teals hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller alb the Purchaser cologne that in actual economic practice, overchargas resulting fmm antitrust crimiocriminal,are in fact home by the Purchaser. Theretofore,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to she Purchaser any and all claims it may now have or hma0er squired looter federal or date sommust laws err such ovacbarga relating to the particular goods or services pachaud or squired by the Purchase P.uant to this pachase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If tie Particular directs she Sella to correct nonconforming or defalive goods by a date to be agreed upon by me Purchase coot the Seller, and me Seller mneafler indicates its inability or unwillingness to comply. me Purchaser may muse the work to be performed by tie mast expeditions means available to it, avd she Seller shall pay all ass assaisN with such work The Seller shall release the purchaser and its comments of any her fmm all liability and claims of any mean, resulting from the performance of such work. This release shill apply even in me event of fault of negligence of the party released and shall extend to use directors. officers and employees ofsuch Ivry. The Sellers commercial obligations, ialuding wammry, shall sot be deemed to be reduced, in soy ray, because such work is performed or aused to be performed by me Porchow. 14. PATENTS. Whenever me Seller u required 1r use any design, dem vice, aterial or process ver coed by leaer, patent trademark or copyright, the Seller shall indemnify aced save Inless me Purchases firm any and all claims for infringement by reason of rise tau of such patented design, device, material or process in correction with the contract, sat shall indemnify me Purchaser for any cots, expense or damage which it may be obliged to pay by reason of such infringement many time during me p.m. or mar the completion of me be la case said awripmem, or any pat theremf or the intended tau of tbe goods, is in such Suit held in comtitum wfriogement and she use of said equipment or pan is joined, the Seller shall, at its own expense and a its option, eiher praure for the Purchaser me right to continue using said equipment or pans, replan, the same with substantially egml but woninfimging equipment, or modify it so it becomes commingling. 15. INSOLVENCY. If me Seller shall become insolvent or bankmpq make an assignment fro me benefit of crtdiars, appoint a receiver or thence for any of the Sellers pmlrrny or bssincom, this older may forthwith be coaled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu hard or the obstructation of the agreement and the rights are] panic hereunder shall be constmed under and governed by the, laws ofine State of Colorado, USA. The following Additional Conditions apply only in cases where the Sealer is to pert work bereunder, including the services of S<Ilm R"jusuctive(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work al Seller's awn name until the same is fully compleed and accepted, and shall, in case of any accident, destruction or injury to the work unNor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the mtisfaction of me Purchaser. Whoa materials and equipment we famished by others for installation or erection by me Seller, the Sella shall receive, unload, store and handle same at the site and become resporemble therefor as though mach mnterias and/or equipment were being famished by the Seller under the order. IS. INSURANCE. Thc Seller shall, at his own expense, provide for the payment of workers compensation, including occupe rional disesse benefit, to its employees employed on or in connection with me work covered by this purchase order, router to their dependent in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,O00 for any one person, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors if any, in provide for such compensation and incorrect. Before any of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Particular with a certificate that such compression and insurance have been provided Such certificates shall specify the data whin such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury ofany kind or nature whensoever m persons or property caused by or resulting tram the exemtion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purehulm officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which me Purchaser may he put ce subject by reason of any act, scion, neglect, omission or defult on the Fart ofine Seller, my of his commercial, or my of the Sellers or contactors ofem, agents or employees. la case any suit or other proceedings shall be brought against the Factional, or its ofcm, agars or employees at my dust on account or by =am of my act, action, neglect, omission or default of rise Seiler of any of his recommits or my of its or their often, agent or employees as aforesaid, me Seller hereby agrees to assume me defense thereof and to defend the tome at the Sell. can e.,., m pay any all all cesrs, charges, aromays f and other expenses, tiny and all judgments that maybe incurred by or obtained against the Purchaser or my of its or meta offices, agents or employees in such suits or other promediop, and in rase judgment or order Iran be placed upon or obaiaed against the property, of me Purchaser, or said panic in or as is result of such sous or other promdinp, the Seller will st once cause the same to be dissolved scat dsuhargd by gi,, band or otherwise. The Seiler and his contractors shall take all safety p..arm, f inch and isa11 all guards warms ry for Ode pollution of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupations] Safety and Health Act of 1970 and all rules and regular os issued pursuant memo. Raised 07R014