HomeMy WebLinkAbout210929 SCOTCH PINES VILLAGE LLLP - PURCHASE ORDER - 9141388 (3)Fort Collins
Date: 04/15/2014
Vendor: 210929
SCOTCH PINES VILLAGE LLLP
c/o SITZMAN MITCHELL
3500 JFK PARKWAY SUITE 220
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9141388 1of2
his number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/04/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Credit for amount paid through
utility rebate
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@fogov.00m
1 LOT EA
-657.51
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 impose the City of Fart Collins is exempt from state and local tarn. Our Exemption Number he
11. NONWAIVER.
98-01502. Federal Excise Tax Exemption Certificate of Registry M-60005S/ is registered with the Collector of
Failure of the Purchaser to insist upon said pec omanre of the tarts and cmditiom hereof, failure or delay to
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stories 1973. Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify to Seller in the event of a
breach, the coextensive of or Wyment for goads hereunder BE approad ofabe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet sµcifientions, either when shipped or dae to defects of
my of she warranties or obligations of this purchase order and shall not be deemed a waiver of my right of be
damage in rtanit, may be rtttuned b you for reedit and are our to be replmd except upon receipt of wntten
Purchaser in insist upon strict ammonium hereof or my of its rights BE remedies to to my each goods, ergmdlBas
instmctiom from the City of Fort Collins.
of when shipped, reed xd or accepted, But as my poor or subsequent default hmmder, nor shall my puaponcd
oral modification or rescission of this purchase order by to Purchaser operate as a waiver of my of the tarts
Inspection. GOODS are subject r the City of Fan Collins inspection on arrival.
hereof.
Final Accepmme. Receipt of the merchandise, smices or equipment in response or this order can resah in
I1.ASSIGNMENTOF AEUI TRUSTCLAIMS.
mtodud payment on the part of the City of Fort Collins. How'eveq it is to be understood that FINAL
Seller and she Purchaser, recognize then in coma Economic practice, ovemhargen resulting from antitrust
ACCEPTANCEis dependent upon completion craft appliwblenquired inspection pracedures.
violations are in fact home by the Purchaser. Thertofore, for good cave and as consideration for executing this
purchase order, the Setter hereby assigns to the Purchaser any and all claims it may now hear or hereaper
Freight Trams. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquid miter federal or tram andivust laws for such overcharges relating 0 the garticalar goods or services
otherwise specified on this order. If permission e, given to prepay freight and charge separately, she ongind fright
purchased m enquired by the turcM1ese, pmaraw to this purchase ord,
bill must woureanv invoice. Additional charges for raking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the century, shipment is
expected warn the nearest distribution point to denieation, and excess freight will be deducted from Invoice when
shipments are made from g.It, distance.
Permits. Seller shall procure at sellers sale cost all necessary permits, cmifientee and licenses required by all
applicable laws, regulation. ordirareas and rules of the sfile, municipality, territory or political subdivision where
the work is performed, or balanced by any other duly conditn ed public authority having judedimian over the work
of vendor. Seller further agrees to hold the City of Fort Calkins harmlBas from and against all liability and loss
rtcurml by them by reason of an xssmed or esmblished violation of any such laws, regulations, mcfeames, rulea
and mat irrments.
Ambearivtion. All parties to this contract agree that the repreamativn arc, in fact, bona fide and possess full and
omplete authority r bind mid pries.
LIMITATION OF TERMS. This Purchase Under expressly limits xcePmae to the try and macktions stated
herein set feed and my supplemmrry or additional terra and coatitiom marital hare, or incorporated herein by
re@renter. Any additional or different terans and conditions improved by seller arc objected m and herby mjMed.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date u noted, lime is of to Bascom. Delivery and performance most be effected within the time
stated on the purchase order and the documents auachN hereto. No acts of the Purchucrs including, without
limitation, accepance of pamal late deliveries, shall opemfe as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of pacing this order elsewhere
and holding the Seller liable for l rages. However, the Seller shall not be liable for damages as a result of delays
den to causes not resmnably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or mi Glary authorities, govemmenml priorities, Tres, strikes, Baal, epidemics, were or
riots provided that native of the conditions causing such delay is given In 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 export in the time actually lost by reason of the delay.
I. WARRANTY.
Thc Seller warrants Char all goods, armed., materials and work covered by this ender will conform wills applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes immded, and
performed with the highest degree of care and competemre in accordance with accepted snmdard for work of a
similar nature. The Seller agrees to hold the pumbow, harmless from my loss, damage or expense which to
Purehutt may suffer or inca on account of the Sellers breach of wamnty. The Seller shall replace, ¢pair or make
good, without cost r the purchaser, any defects or faults arising within one (I) year or within such longer period of
time But may be prescribed by law at by the tome ofmy applicable warranty provided by the Seller after the date of
acceptance of the goods fumisbed hereunder (acceptance not to Be uttmxsanably delayed), resulting from impMect
or defective work done or mstmak famished by the Seller Acceptance or use of good by the Purchaser shall not
ranstimum a waver of any claim under this wamnty Except u oteawise provided in Nis purchase order, the Sellm
liability axrepnder shall extend wall damages proximately caused by to breach ofmy of the foregoing sarrmtiex
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 tame, by written change ceder
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes to the terms, other than legal aeons, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfotmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, Economy this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties u to any work or materials ten in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the moompleaN
portion of the good maker work, for incidental or consequential damages, and that no such adjustmem be made in
favor of the Seller with rtspera in my goads which an, to Sellers samdard stock. No such mamination shall relieve
the Purchaser or the Seller ofmy of their obligaimns as to my goods delivered hereunder.
1 CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from be date the change or termination is
ordered
I. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereuMer shall haze been produced, said, delivered and f fished or strict
compliance wit all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidmce compliance. All laws and regulations required to be
nempain ted in egreemmes of this character are hereby incorporated herein by Nis mfeaem. The Seller egreBa to
indemnify and hold the Purchaser harmlm from all costs and damage suffered by the Purchaser as, a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall auign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
I O. TITLE.
The Seller warrants full, clear and unresnicned title tote Purehuer for all equipment, materials, and items furnished
in perfomance of this aRrtemenl. free and clear of say and all liens, rmtrimions, reservations, security interest
rncnmbmnm and claims Bf others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaer
may cause the work to be performed by the most expeditious means available to is and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser, and its contractors of any tier firm all liability and claims of any nature
resulting from the performance Branch work.
This release shall apply even in sax event or fault of nightmare of to parry released and shall extend to the
directors, able. and cmployecs of such pry.
The Sellars commercial obligations, including warranty, shall not be deemed to be reduced, in my way, because
such week is performed or.used no be performed by the Purchaser.
14. PATENTS.
Whenever to Seller is requited B. use any design, device, mmenal or process covered by leaner, patent, mdemark
or.pyngna, the Sene, shah indemnify and save harmless he Purchaser For. my and all claims for infringement
by ,.son of the use of such patemed design, device, material or process in connection with the contract, and
shall indemnify to Purchaser for any cast, expense or darnage which it may be obliged r pay by reason of such
infringement at any time during the prosecution or after the completion of Else work. In case said equipment, or
any part thereof or the Intended use of the Rounds, is in such .it held In consfirte infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, titer procure for the
Purchaser the right to continue using mid equipment or parts, replace the same with substantially egml but
noninGnging equipment, or modify it so it becomes noninfringing.
15. MSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
muciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terns red or the interpacmntion of the agreement and the rights of all parties hereuMer shall be
rouwed under and governed by the im s ofthe Smte ofCelomds, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services ot'Shcm Reprewnmtive(s), on the paemixs creditors.
It. SELLERS RESPONSIBILITY.
Tax Seller shall carry on said work in Sellers own risk alit the same 6 fully completed and accepted, and shall,
in case of my accident, destruction or injury no this, work and/or materials before Sellers fcal completion and
accprner, complete the work in Sellers own expense and to to satis0etim of the Puchaer. When materials
and equipment are f ished by others for installation or erection by to Seller, the Seller shall receive, aloud,
store aM hurdle same at the site and become mcfausible Werefor ns though such materials and., equipment
were being dwindled! by to Seller under the order.
18, INSURANCE.
The Seller shel, at his own expense, peavide for to 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 laws of the share in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, comrmtual and automobile public
Itoot I iry m r e with bodily injury and death limits of at least 53mun m no, any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, to provide fur such c . ... peninion and in e, Befure any of the Sellers or his contractors
bul
l all do any work upon the premises of others, the Seller shall furnish the Purchaser with a matificare
that such compensation and insurance have been provided. Such eradicates shall specify the date when such
compensation and insurance have been provided. Such ceaificaus shall specify the date when such compensation
Bud insurance expires. The Seller agmea that such compensation and commence shall be wormined 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 my and all damage, loss or injury army kind
or Become whatsoever to persons or propemy.used by at resulting from to execution of to work provided for in
this purchase order or in correction heewith. The Seller will indemnify and field Families the Purchaser and any
or all of the Purthuers officers, agents and employees from and against my and all clams, losses, damages,
charge or extremes, whether direr or indirect, and whether to peasom or pmpcay to which day, Purchaser may
be Put or subject by Exawn of BE, rot, anion, ncglcd, omission or default av the pm of the Seller, my of his
contractors, or my of the Sellers or com ornm officers, agents or employees. In .se my suit or other
pmc err ings shall be brought against the Purchaser, or its officers, agents or employers BE my time on aso al or
by reason of any rot, action, neglect, omission or default of to Seller of my of his contmors or any of its or
their onions, agents or employees BE of ssid, to Seller hereby agrees to assrre the defense former and to
defend to same al the Sellers own expense, to pay my and all costs, changes, anomeys me, and Erd"expeues,
my and all judgments that rosy be incurred by or obtained against to Purchaser m my of its or their officm,
agents or employees in such stag or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result Blanch suits or other proceedings,
the Seller will at cave cause the same to be dissolved and discharged by giving bond or oterwise. The Seller and
his contractors shall take all safety precautions, famish and iutll all gorrds necessary for to prevention of
accidents, comply with all laws and regulations wit regard to safety including, but without fimimtim, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03CO10