Loading...
HomeMy WebLinkAbout419970 SETER & VANDER WALL PC - PURCHASE ORDER - 3215136PO PURCHASE ORDER 321513er Page City. of PURCHASE 15136 1 of 2 Flirt Collins( his number must appear !I\V`I ` V ' 1 on all invoices, packing sli s and labels. Date: 01/09/2015 Vendor: 419970 Ship To: PUBLIC LIBRARY (MAIN) SETER & VANDER WALL PC 201 PETERSON ST 7400 E ORCHARD RD SUITE 3300 FORT COLLINS CO 80524-2990 GREENWOOD VILLAGE CO 80111 Delivery Date: 01/09/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 ANNUAL ORDER FOR 1 LOT LS 50,000.00 GOODS & SERVICES 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 I. COMMERCIAL DETAILS. Tax exemptiona. By statute the City of Fort Collins is exempt frvm stem and ]me] taxes. Our Exemption Number is 11. NONWAIVER. W-04502. Federal Excise Tax Exemption Calibrate of Registry 84-6000587 is registam with the Collator or Failure of the Purchaser to insist upon strict purfoamanre of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26. 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not relcve the Seller of Good Rejested. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of MY of the warranties or Obligations of this purchase order end shall not be, decimal a waiver of any right of the damage w mansit, may be retnnted to par for credit and are of to b , replaced except upon receipt of written purchaser to insist upon strict performance hereofor my class rights or remedies as to my such goods, remotest, instructions [tam the City of Fort Collins. of when shipped, received or incepted, as to my pact or subsequent defauh hcremder, nor shall my purposed oral modification or rescission of this purchase wall by the PumRsser operate as a waiver of my of Ore firms Inspection. GOODS art subject to Ore City or Fort Collins inspectim on crucial. hereof. Final Acceptance. Receipt of the merchandise, services or aluipmrnt in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser tacgnitt that in trawl economic practice, overcharges resulting Nor, antitrust ACCEPTANCE is depend., War completion a fall applicable mluirN inspection procedures. violations are in fact home by the Purchaser. Theretofore, fogood owe and as consideration for executing this purchase order, the Sella hereby assigns to she Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fun Collins, 900 Wood St, Far Collins, CO 80522, unless acquired Order federal w state morass gars for such ovealargrs relating to the pcticular good or services otherwise specified on this order. If permiwlan is given to prepay fight and charge sep rately, fie original fight purchased or acquired by the Purclrasen pursmm to this purchase order. bill must nommnanv invoice. Additional charges for making will not h accepted. Shipment Distamx. Pfee manufacturers have distributing prows, in varwas parts of the country, shipment is expected fmm fie normal distribution point to destruction, and excess freight will be deducted from Invoice when shipments are made fmm greater twosome. Permits. Seller shall aware as seller sole eat all necessary gamut,, cenificmes and licenses required by all applicable laws, regulations, ordinance and Mies ofhe state, municipality, territory or political subdivision where the work is performed, or rrynirrd by my other duty constituted public authority havingjunsdietion over the work of vendor. Sella further agrees W bold the City of Fort Collins hamtless from and against all liability and was incurred by them by reason of m aesesed or amblhhai violation of my such laws, regulators, adimnca, tales and requirements. Authoriration. All panics to this am., ree Out the eepresenWtives art, in fuel. bum fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Omer apressly limits acceptance to the terms and conditions anted herein set forth and any supplementary or additional semis and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected are and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shiptmvt to arrive on your promised delivery date as ruled. Time is of the essence. Delivery and perfo. must be affined within the time Moral on the purchase Omer must the documens attached brreto. No acts of the Purchasers including, without limitation, acceptance ofpmiol late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition are other legal Will ryaforble remafes, the option of placing this Omer elsewhere and holding the Sella liable for damages. Hoavevev the Seller shall not be liable for damages as a result of delays due to ceases nut reasonably foreseeable which ere beyond its reamruble control and without its fault of negligence, such acts official, acts ofcivil a military aaahamics, gwemmeotal priorities, fires, strikes, flood, epidemics, warsor Mass provided that notice of the conditions causing such delay is given m the Purchaser within five (51 days of the time when the Sella first received knowledge thereof. In IN, event of my such delay, the date of delivery shall be extended for dw period rul to the time actually lost by reason of the delay. 3. WARRANTY. The Sella weans that ell good, aides, tvmrials and work awared by this omen will mmform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of core and competence in mmndance with accepted standard for work of a similar area. The Seller n&ras to hold the purchase, harmless form any lass, damage or expense which the Purchaser may suffer or incur on accomt of the Sellers breach of warranty The Seller shall replace, repair or make good, without cost to the purchaser, any defect, or faults arising within one (I) year or within such longer period of time as may bu p ricnbed by law or by the mats of my applicable wmanty provided by the Sella after the date of acceptance of the good fumishN hereunder (mcaptame Out to be M easombly delayed), remaining Now imperfr or def ctive work done or materials furnished by the Seller. Acaptmcc w see of goods by the Fmchasa shall rot constitute a waiver of my claim under this wmanty. Except m otherwise provided in this pomhase sties, the Sellers liability haettMer shall extend to all damages proximately cared by IN, breach of my of the foregoing wamnfa or gmmnmas, but such liability shall in no event include loss of profit, or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make charge, to legal terms by wrinm change omen. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes m Ore terns, Other than legal macs, including additions to or deletions fmm red quantities ongimlly ordered in Ne Specifmtions or drawings, by verbal or written change order. If my such change affect, the amount due or cafe time of perfomtmtt hereunder, an equitable adjustment shall be made. 6. TERMHJATIONS. The Purchaser may at any time by written change omaq terminate this ogfiemcm as to any or all punions of the good then not shipped, subject to any equiable adjutment between the posies per many work a materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or comequaraial damages, and that m such adjustment he made in favor orthe Seller with respect to my goods which our the Sellers standard stock. No such termination shall relieve the Purthasce w the Seller army of their obligations as to my goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days Now the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sell. warrants that all Good sold hereunder shall have been produced, sold, delivered and fumishad in strict compliance with all applicable laws and regulations to which the goods am subject The Sella shall execute and deliver such document as may b, required to effect or evidence compliance. All laws and regumms required m be ncorpomted in agreement of this character arc hereby ivcorynmred herein by this fifim sex. The Sella agrees to mclanniy and hold the Purchaser ha . fan all curs and damage, suffered by the Purchssa as a reach of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, lumber, or convey this Omer, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants fill, clear and mantrned title m she Purchssa for all equipment, rmterials, and items fumishcd in petfomavice of this agreement, fie and clear of my cod all lies, mtriction , reservations, security interest encumbrances and claims of.thers, 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dwas the Seller to correct nonconforming or defective goods by a date a Is, agreed upon by the Purchaser and the Sella, and rate Seller usermha indicates its itabiliry or unwillingness a comply, the purchaam May came the work to bc peRomrW by the most expeditions mans available to a, and the Seller shall pay all costs wsssiated with such work. The Seller shall release fie Purchaser and its contractors crony tier farm all liability and claims of any namre resulting from the performance of such work. This ralease shall apply even in the event of fault of negligence of the perry released and shall extend f the directors, officers and employees of such pay. The Sellers contractual obligations, including warmnry, shall tat be domed to be natured, in any way, because such work is performed m caused to be performed W the Pwchsser. 14. PATENTS. Whenever the Seller is r yubed to use any design, device, material or process covered by letter, patmr, nadetsark or copyright, the Seller shall fiduciary and save harness the Purchaser from my and all claims for infringement by wasson of the me or such patented design, device, material or possess in comedian with the contract, and shall irdcmnify the Purchaser for my cost, expense or damage which it may be obliged m pay by regain ofsuch infringement at my time during the Immigration or shut the completion of the work. In case said equipmms, or my part thereof or the amended use of the good, is in such suit held to constitute wfingement and the see of said al.i,m.t or pan is enjawed, the Seller shall, at its own expense and at its option, tithe procure for the Porchwer the right to continue using said equipment or pans, replace the same with sufsmtially equal but noninGnging equipment, Or modify it so it becomes naninfdngwg. I S. MSOLVENCY. If the Seller shall become insolvent or Emkmpt, make an assignment for the benefit of auditors, appoint a receiver or trustee for my of the Sellem property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and Ore rights of all parties hereunder shall be command under and located by the laws of the State OfColomdo, USA. The following Additional Conditions apply only w cases when the Sella is to perform work hereanda, including the services of Sellers Rcpreenmive(s), on fie premises of others. Il. SELLERS RESPONSIBILITY, The Sella shall carry on said work, to Sellers own risk mail the same u fully completed and accepted, and shall, in cast of any accident, desvactoo w injury b dre work and/or marairw before Sellers final completion and mreptanec, complete the work at Sellers own expense and to the satisfaction of the Purehuer. When mmmals aad equipment art finished by others for installation or erection by the Sella, care Seller shall recelse, umood, wore and limdle same at the au and became rapmaible therefor ss though such ma Mds .&a nryipmena wean being famished by the Seller coda the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers cmmpawtion, including occupational disease bereft, to is employees employed on or in correction with the work covered by this purchase order, m llor to their dependents in mcordance with the laws of the state in which the work is to be dine. The Seller shall also carry comprehensive gemml liability inclWm& but not limited W, wnuazwW and automobile public liability imumma with usably injury and death limits of W Iowa S3Wp00 No My one person, 5500.000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his if any, to Provide for such exurn,carrocation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall Finnish the Purchaser with a cernfcate that such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and marmce expires The Seller agrees that such compensation and insurance shall ha maintained until offer the entire work is completed and accepted. 19. PROTECf10N AGABgST ACCIDENTS AND DAMAGES. The Sella hacby associates the enrf rapomibility and liability for my and all damage, loss or jury ofmy kind r witout whatsoever m persons or property caused by or resulting form the execution cruse work provided for in this purchase Omer or in estimating herewith. The Sella will indemnity and hold hnnmleas the PureRssa aM my r all of the Purchasers officers, again and employees from and against my and all claims, losses, damages, charges or expenses, whether direct Or indirect, and whether m persam Or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pm of the Seller, my of his contractors, Or any of fie Sellers or commmors officers, agents or employees. In case any suit or other proceedings shall be, brought against the Purchaser, or is oRcas, agents a employees at my time on a muet or by reams of my act, action, neglect, omission Or default of the Sella of my of his contractors w my of is or thew aRcers, Wrs or anployos as aforesaid. the Sella hereby agrees w assume the defense thereof aid to defend the same at the Sellers Owu expense, to pay my and all ass, charges, wmteys fees and other, expenses, my and all judgment that may be incurred by w obWinM against the Pttreham or my of is or their oTic us, agents w employees in such suits or offer proceedings, and in case judgment or other lien be placed upon or obtained against the property ofuse Purchaser, or said ponies in err M a result of such suis or other Pt c Mwge, Me Seller will at once cause the same to be dissolved and dischargal by giving bond or otherwise. The Sella and his contractors shall take all safely precautions, fumish and install all guard necessary for the p ccurawn of accidents, comply with all laws and regulmions with regain m safety including, but virtual limitntioo, the Occupational Safety and Health Act of 1970 and all roles nod regulations isxual pursuant flu mo. Revised OM014