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HomeMy WebLinkAbout452706 FORT COLLINS HABITAT FOR HUMANITY - PURCHASE ORDER - 9112652City of �,.F.�ort Collins Date: 05/10/2011 PURCHASE ORDER PO Number Page 9112652 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 452706 Ship To: CDBG FORT COLLINS HABITAT FOR HUMANITY CITY OF FORT COLLINS 4001 S TAFT HILL RD 281 N COLLEGE AVE FORT COLLINS Colorado 80526-2948 FORT COLLINS Colorado 80521 Delivery Date: 05/10/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price FY09: Land Acquisition 1 LOT LS 63,865.00 Fall PER AGREEMENT DATED 4-27-10 C3. Oi'le�sQ �— City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 Invoice Address: $63,865.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pvfommnce of the terms and conditions hereof, failure or delay to Intemxl Revenue, Denver.Colomdo (Ref.Colomdo Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by Inv, Failure to promp0y notify the Seller in the event of.a breach, the acceplence of or payment for goods hereunder or approval of the design, shall not relcasc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spcci Heat ions, either when shipped or due to defects of any of the warranties nr obligations of this purchase nrdcr and shall not be dccmcd a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist open strict performance herenfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported end mndificntien or receic ion of this purchase order by the Purchaser operate as a waiver of any of the forms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Hmvcver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fog Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particdar goods or services Otherwise specified on this order. If pemmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OIILIGAIIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser Iimct;the Seiler to correct nonconformag or defective goods by a date to he agreed tire,, by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expeditions means available to it and life Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cegi6cates and licenses required by all .applicable laws, regulations. ordinances and rules of the state, municipality, territory or political suhdi,mon where the work is performd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fog Collins hamilcc farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such Inns, regulations, ordinances, rules and nequircinea s. Authorization. All parties to this contract agree that the representatives ore, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diRcrent Icons and conditions proposed 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 promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial 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 equitable remedies, the option ofplacing this Order elsewhere and holding the Seller liable for damages. Ilowever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, nood, epidemics. wars or riots provided that 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 Ihemr,f. 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 conform with applicable drawings, specifications, samples and/or other description given, will be lit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to held the purchaser hamtlesa from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of nwmanty. 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 time as may be prescribed by law or by the teens of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wnmnlics ar guarantees, but such liability shall in no event include loss of pmfiL or loss of iec. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Puchaser may make any changes to the terms, other than legal terms, inclining additions to Or dclelinne from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If tiny rich change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may at any time by written change order. continue this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any wark or 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 consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaxer harmless farm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of The other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of nthcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply oven in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be nednced, in any way, because such work is perfenved or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front anv and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. in case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pug is crimned, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans. replace the same wilh substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the heneft of nalitem, appoint a receiver or tmstec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions oftcrms used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the Slate of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(,), on the premises ofothets. 17. SELLERS RESPONSIBILITY. The Seller shall carry on ,said work at Seller's own risk until the same is filly completed and accepted, and shall, in case of any accident, dcstmetion or injury in the work and/or materials before Seller's final tutu plot ion and ,acceptance, complete the work at Seller's own expense and to the satisfaction of the Pumha,acr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seiler shall receive, unload. store and handle saute at the site and become responsible thcrcror as though such materials and/or equipment were being furnished by the Scllcr under the order. 18, INSURANCE. The Scllcr shall, al 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, and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of rat lent 5300.04i for any one person, 5500.000 for mpg one accident and property damage limit per accident or "00,000. The Seller shall likewise require his contractors, if any, to provide for such compensation mud insurance. Before any of the Sellers or his contractors employees shall do any wink upon the promises of nthcrs, the Seller shall furnish the Purchaser, ub a certificate that such compensation and insurance have been provided. Such ccnifteams shall specify the date when 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 the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and all damage, loss Or inutry array kind or nature what never to persons or property caused by or resulting form the execution of The work provided for in This purchase order or in connection herewith. The Seller will indemnify and hold harmless life Purchaser and any or all of the Purchasers oRecrs, agents and employees from and against any and all claims, losses. damages, charges or expenses whether direct or indirect, and whetlwr to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors oRcm.. agents or employees In ease any ,tit or other proceedings shall be hmught against the Purchaser, or its officcn, agents or cmplovccs at any lints on account or by reason of any act action. neglect omission or default of the Seller of any of his contractors or any of its or their oRecrs, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and In defend the more at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments That may be incurred by or obtained against the Purchaser or any of its or their oRccrs. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny offl c Purchaser, or said panics in or as a result ofsneh suits Or other Onrucding,. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcrviec. The Scllcr and his contractors shall take all safety precautions, finish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupolional Safcty and Ilealtb Act of 1970 and all roles and regidmions issotcd pursuant therclo Revised 03/2010