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HomeMy WebLinkAbout502516 LOVELAND HOUSING DEVELOPMENT CORP - PURCHASE ORDER - 9123207PURCHASE ORDER PONumberPage City Of9123207 1 of 2 Fort CThis number must appear ,r��_-J`-' ` CollinsJ on all invoices, packing slips and labels. Date: 06/05/2012 Vendor: 502516 Ship To: CDBG LOVELAND HOUSING DEVELOPMENT CORPORATI CITY OF FORT COLLINS 375 W 37TH ST SUITE 200 281 N COLLEGE AVE LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 06/05/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 Fall Larimer Home 1 LOT LS 120,000.00 Improvement Program (LHIP) PER AGREEMENT DATED MAY 10, 2012 Total $120,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrn)s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By seismic the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Insemal Revenue. Denver. Coleman (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specification, either when shipped or due to defects of damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of orincis instructions from the City affect Collins, Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. 11. NONWAIVER. Failure of the Purchaser to insist spun strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by lase, failure to promptly notify the Seller in the event of a breach, the nccepmnce ofor payment for good hereunder or approval of the design, shall not release the Seller -of any of the mammies or obligations Of this purchase order and shall not be devoted a waiver crony right of the purchaser to insist upon strict perfnrmance hercoforany of its rights or remedies as to any such gents, rcganllccs of when shipped, received or accepted. as to any prior or .subsequent default hereunder, nor shall any purported oral modification or rictcmion of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandiw, services or equipment 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 recognize that in actual economic practice overcharges resulting from anlitmsl ACCEPTANCE is dependent upon completion ofall applicable required inspection proecdnrcs. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for esecating this purchase under. the Seller hereby assigns to the Purchaser any and all claims it mury now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fan Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal Or state animist laws for such overcharges refusing to the Particular goods or services othenviw specified on this order. If pemtission is given to prepay freight and charge separately, the original freight purchased ar acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for picking will not be accepted. Shipman Distance. Where manufacturcrs have distributing points in various pans of the country, shipmcnt is expected from the nearest distribution point to destination. and excess freight will be deducted Item Invoice when shipments me made from greater distance. Permits. Seller shall poseurs, at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and miles of the state, municipality. territory or political sabdivisinn where the work is performed, or rcgnimd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fan Collins harmless from and against all liability and fuss incurred by them by reason of an asserted or established violation of any such Imes, regulations, ordinances, miss and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, hours fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hcrcby 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 must be effected within the time stated on the pumlmse order and the documents attached hereto. No acts of the Purchasers inclad i ng, without limitation, acceptance ofpanial 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 ofplicing this order elsewhere and holding the Seiler liable for damages. However. 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 withoul its fault of negligence. such acts of Gad, acts ofcivil or military authorities, governmental priorities, rims, strikes. Rood, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Puehncr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dcliecry shall be extended for the period equal to the time actually lost by reason artiste delay. 3. WARRANTY. The Seiler wamnt, that all grads, articles, materials and work covered by this aide, will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of wamaty. The Seiler shall replace, repair of 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 prcmribed by law e, by the terms crusty applicable warranty provided by the Scllcr a0er the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from inperfees or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this wrrmmy. Except as otherwise provided in this purchaw order, the Sellers liability hereunder shall extend to all damages pmximsely caused by the breach crafty of the foregoing wamntics 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 written change order. 5. CHANCES IN COMMERCIAL TERMS. The Puehascr may make any changes to the terms, other than legal terms, including additions to or deletions front ,he 9umanics ,ri,mally ordered in the spceifictaime, or drawings, by verbal is, ommca change node, If any such change affects the amount due or the time ofperfomtencc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pueha cr may at any time by written change order, terminate this agreement as to anv or all portions of the goods then net shipped, subject to any equitable adjustment benseca the parties as to any work or materials then in progress pmvidcd that the Pumhawr shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or mark, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. bowels termination shall relieve the Purchaser or the Seller crusty of their obligations as to any good dclieercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ,msmcd within thirty (30) days from the date the change or temination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulation to which the goods are subject The Seller shall execute and deliver such dauments os may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agnecments of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a resdt of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become disc hereunder without the Prior written consent of the other party. 10. TITLE. The Seiler mum ass hell, clear and unrestricted tile to the Purchaser for all equipment materials and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescnations, security interest cncumbrances and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchasc, directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and The Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfonned by the most expeditious means available to it and the Seiler slmll pay nil casts executed with such wark. The Seller shall release the Purchaser and its contractors of any tier from all liability find claims of any mature resulting from the perfomnnce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects nod employees ofsuch party. The Scllcr's contractual obligations, including wamaty, shall not be deemed to be reduced, in any way, because .such work is performed or caused to be perfnmud by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmccs, covered by letter, patent, trademark or copyright, the Seller shall indemnify and mve hamlcsa the Purchaser from any and all claims far 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 cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thcmed or the intended use of the good, is in such snit held to constitute infringement and the use of slid equipment of pan is enjoined, the Seller .shall, at its own expense and at its option, tither procure for the Pmrchacr the right to continue using said equipment or parts, replace the same with substnmially equal but moninfringing equipment or medify it so it becomes noninfinging. 15. INSOLVENCY. If she Seller shall become insolvent or bankrupts. make an assignment for the benefit of ercdimrs, arterial a receiver or trustee for any of the Sellers property or business, this order'may forthwith be canceled by the Purchasc, without liability. 16. GOVERNING LAW. The definitions of tcros used or the interpretation oflhc agreement and the rights of all panics hereunder shall be construed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perfnmt work hereunder. including the services Of SetlCra Represenmrivc(s), on the prcmises Pruden, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work its Scllcrs own risk until the same is fully completed and accepted, and shall, in ease of any accident destruction or injury to the work and/or materials bdom Seller's final completion and nccepmnec, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Scllcr shall receive, unload, store and handle same at the site and become responsible therefor is though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shalt. 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, and/or to their dependents in accordance with the lases of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, commetual and automobile public liability insurance .with bodily injury and death limits arm ]cast S301I.000 for any one person. 5500.00) for any one accident and property damage limit per accident of S400,001). The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers; or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Pnrehner with a ecrtificate that such compensation and insurance have bcen provided. Such certificates shall specify the date when such eompen. itien and instmnm have been provided. Such certificates shall specify the data when such enmpersation 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 sssnmcs the entire responsibility and liability for any and all damage. Ins, or injury ofany kind or nature sehnscevcr to persons or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indcmnify and hold humlcss the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses whether direct or indirect, and whether to perrns or property, to which the Purchaser may be pat or subicet by reason of any act, action, neglect omission or default on she pan of the Seller, any of his contractors, or any of the Sellers or contractors oIF¢cts, agents or employees. In case nay suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of she Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense lbercof and to defend the same fit the Sellers own expense, to pay any and all costs, charges, attorneys ices and other expenses. any and all judgment, that may be ineumed by or obtained against the Purchaser or any of its or their officers, ngenk or employees in such suits or other proceedings, and in case judgment or other diem he placed upon or obtained against the property ofthe Purchaser. cr said panics in or as a result ofsuch suit or other pmcccdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othrnyisc. The Seller and his contractors shall take all safety precautions, famish and install oil guards necessary for the prevention of accidents, comply with ill laws and regulations with regard to safety including, but without limitation, the Occupadional Safety and Health Act of 1970 and all roles and regulations kssued pursuant thereto. Rcvi,al 03/2010