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Home My WebLink About524732 WILLIAM & KATHLEEN WHITLEY - PURCHASE ORDER - 9142846Fort Collins PURCHASE ORDER Date: 05/21 /2014 Vendor: 524732 WILLIAM & KATHLEEN WHITLEY 618 W MOUNTAIN AVE FORT COLLINS CO 80521 PO Number Page 9142846 1of2 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: 05/20/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Landmark Rehab 1 LOT LS 4,980.00 618 W. Mountain 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras 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 seawater with the Collects of Failure ofthe Purchaser to insist upon strict pedometer of the terms and conditions hereof, failure or delay t0 Internal Revenue, Damon, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance Of or payment for gmtd hereunder or approval of the design, shall not release the Seller of Gods Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped Or due to defects of any of the warranties or obligations of this purchase owe, and shall not be deemed a waiver err any right of the damage is now.. may be recorded to you for credit and are not to be replaced except upon receipt or written purchaser to insist upon stria performance beriamor any or its rights or remedies ns to any such goods, regardless inswctimes Gam the City of Pon Collins. of when shipped, received or accepted, m to any prior of subsequent default hereunder, nor shall any pwponed oral mWi❑cation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the maehismiss, services or equipment in response to this order can much in 12. ASSIGNM ENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of FortCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from contrast ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are intact home by the Purchaser. Theretorore,fgood cause and in consideration for executing this purchase oNer, the Seller hereby assigns a the Purchaser aa, aad au claims it may now have or hemmer Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fop Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges reining to the particular g..d or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumt to this purchase order. bill must accomoanv invoice. Additional toupees for Wicking will not be accented. Shipment Distance. Whom manufacturers have distributing points in various pans of the country, shipment is expelled from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from Cancer distance. Permits. Seller shall nontre at sellers sole vocal all necessary permits, certificates and limes requited by all applicable laws, regulations, ordinances and mies oftbe mote, municipality, lemmry or political subdivision where tee work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendm. Seller mrther agrees to hold she City of Fort C'ailim harmless from and against all liability am loss incurred by them by rewaned reason of an or established violation of any such laws, regulat ion, milim inns, ratesana requirements. Authoriuliwa All panics to this compact agree that the represemmires we, in fuel, bona tide wed pan.. full and omplete authority to bind said parties. LIMITATION OF TERMS. This Intchase Order expressly limos acceptance to the terms am candiliona stated herein set foM and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dif&ms terms and conditions imposed by seller are objected to and hereby jechal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pomised delivery dare. poled. Time is of the riserce. Delivery and performance ..at be efBded within the time stated on she purchase order and the documents attached hereto. No acts of the Purchawfix including, without limit...., acceptance ofpartial late deliveriq shall operate as a waiver of this provision In the event army delay, the Purchaser shall have, in addition to other legal and aquiuble remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result ofdalayx due to causes not reamnably foreseeable which are beyond its owarrwble control and without its fault of negligence such acts of Gad, ace"If civil or military authorities, governmental priorities, Gres. strikes, Boot epidemic, wars or not, provided Nat notice of He conditions eausing such delay is given to the P rIwxw within five (5) days of the time when Ne Seller firs received ""Jorge mhent In the event of any such delay, the dine of delivery shall be extended for the period equal to she time actually her by reason ofthe delay. 3. WARRANT. The Seller Warrants that all goods, articles, =tenors and work covered by this order will cartoon wish applicable drawings, specificmiont samples uni other descriptions given. Will be lit for she purposes intended, and Performed wish she highest degree of care and competence in accordance wish accepted ssaMard for work of a mil. nature. The Sailer agrees 1. hold she purchaser handless from any loss, damage or extreme which the Fuchan may suffer or mention account of she Sellers breach of warranty The Seller shall mplm, repair or make good, without cost to the purchow, any defmu or faults arising within one (I) year or within such longer period.( time as may be presmbed by law or by the terms of my applicable warranty provided by $e Seller after she date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), mulling from imperfect or detective work done or materials Imishcd by she Seller. Acceptance or use of goods by she Parchment shall not mud irate is waiver of any claim under this warrwry. Except as pmemise provided is this purchase mile, the Sellers liability hereunder shall extend m call damages proninewly causal by the breach of my of the foregoing wanantia or Cumo.mes, but such liability shall in no event incbWe loss of pmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes I. legal mints by wHot. change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any rbanyd to the tennm, other than legal tame, including addfliom to or deletions from she quantities normally ordered in she specifications or drawings, by verbal or written change owes If any such change affec¢ she am.um due or the time of performance hereunder, an equitable mijustatical shall be made. 6. TERMINATIONS. The Purchaser may or any time by written change order, terminate this agreement az to nay or all ponions of the good men and shipped, subject to any equitable adjustment between the pines as to any work or menials then in progress provided Jul the Pumhaer shall not be liable for any claims for wsiciWtid profits on me uncompined portion of the goods and'or work, for incidental or consquerinal damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve Ne Purchaser or me Seller crony of their obligations as. any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents m may be mluirN to effect or evidence compliance. All laws and regulations required m be acorporated in agreements of this character are hereby incorporta d herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages s.ifeml by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or comey 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 unresGteted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and daims.f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchsser directs the Seller to correct noncunfoaming or defective goods by a dam to be agreed Orion by the Purchaser and the Seller, am the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse the Work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such weak. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to she directors, officers aad employees of inch party. The Sellers committed obligations, including warranty, shah ram be deemed to be reduced, in any wax because such work is performed 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 lever, patent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, mmcrial 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 of such infringrmem at any time during the prosecution or after the completion of the work. In case said equipment or any part thereof or the inond M use of the gnats, is in such suit held to constitute infngement and she use of said equipment or pan is enjoined, the Seller shall, as in own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, birdlime the same with substantially equal but naninfringing equipmwt err modify it so is becomes noninfringing. 15. INSOLVENCY. If the Seller shall become hampers or hardmpt make an assignment for the benefit of creditors, appoint a maraver or trustee for nay of the Sellersprogeny or business, this order may forthwith be canceled by she Purchaer without liability. 16. GOVERNING LAW. The definitions of tertna used or the interpretation of the agreement and she rights craft parties hereunder shall be onstmed under aM go,,.ad by the laws ofJm Some afC.4 ads, USA. The fallowing Additional Conditions apply only in was where the Seller is as perform work hrnatual r, including she services ofSellcrs ftcpresrntitirgs), on she premises of ohers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, datmaion Or injury to she work anchor materials before Sellers Gwl complelion and acceptance, complete the work am Sellers own rxperre and to the satisfaction of she Purchaser. When materials and equipment are f ishcd by turns for instillation or creation by IN Seller, $r Seller shall receive, unload, store and handle same in the site am become mponsible shc .for as though such materials wNor equipment went being famished by the Seller under tie order. IS. INSURANCE. The Seller shall, at his own expense. provide for be payment of workers conparatlon, including occupational disease benefits, to its employees employed on or in connection with the work revered by this purchase order, wlsor to their dependents in accordance wish the laws of she sum in which the work is to be done. The Seller than arm ram compachansixe general liability including. but nos limited to, contractual and automobile public liability conscience wish bodily injury and death limits of at least 5300,000 for any one person, 5500,00o for my coaccident and property damage limit per accident of S400,0oh The Seller shall likewise require his olowlrs if any, to provide for such compenmtld unit insurance. Before any of she Sellers ar his ron... employees shall Jo nay work upon the premises of others, the Seller shall famish she Purchaser wish a certificate slot such compensation and insurance have been provided. Such cedificales shall specify the date when such compensation and insurance have been provided. Such certifienta shall specify rise darn when such compensation and insurance expires. The Seller agrees that such compensalion and insurance shall be maintained until aver she entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any and all damage. loss or injury crony kind tor .cure whatsoever I. persons or properly amma d by or resulting firm the execution of the work pomaded for is this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchasers o0ic ns, agent and employees tom and against any and all claims, losses, damages charges or expenses, whether direct or indirect, and whether to persons or property to which she Purchaser may be put or subject by reason of my act, nation, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its offirms, agents or employees at any time on account or by reason of any act. action, degrees, omission or default of the Seller of any of his con.mesors or any of its or their officers, agents or employees as afommid, the Seller hereby agrees to assume she defense there.(and to defend the same at the Sellers own expense, to pay any and all casts, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of IN or their Of icers, agents or employees in such suits or other proceedings, and in case judgment or other lice be placed upon or obtained against the property of the Purchaser, or said pwies in or as a result of such suits or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for mh< prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and th alth Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03Qo10