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HomeMy WebLinkAbout524717 ELEANOR A PEARSON - PURCHASE ORDER - 9142847City of FF6rt Collins Date: 05/21/2014 Vendor: 524717 ELEANOR A PEARSON 924 W MAGNOLIA ST FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9142847 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 Buver: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Landmark Rehab 924 W. Magnolia 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.00m 1 LOT LS 3,343.00 Total 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 statute the City of Fort Collins is exempt from stale and local miss, Om Exemption Number is 11. NONWANER. 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist neon strict performance of the terms and conditions hereof, feature or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starches 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 goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waive. of way right of the damage in transit, may be remained in you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless inslmclions from the City of Fort Collins. of when shipped received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject Io the Ciry of pan Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of at l appl iiable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fo'rgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purehasa any and all claims it may now have or hereafter Freigln Terms Shipments must be F O.B., City of Fort Collins, 700 Wood St., Ton Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpeamissleu is given to prepay freight and charge separately, the original freight purcusedor acquired by the Purehnserpursutim to this purchase order. bill must accompany Invoice. Additional charges for packing will not be accepted Shipment Distance. Where nianufhctmers have disuibuting can,, in carroars parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made front greater distance pemtils. Seller ,hall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules orlhe also,, municipality, territory or political eubdisruch where the work is performed, or required by any .,It,, duly constituted public authority havingjunwiiction over the work of vendor. Seller further scree, to hold the City of Fort Collins harmless from and against all liability and loss intoned by them by reason effort weaned or established violation of any such laws, regulations, ordinances, roles and requirements Arthearzanna, All panics,, this comma agree that the representatives are, in fact, bona fide and possess full and u..plew authority to bind said primes. LIMITATION OF TERMS. This Purchase Order enpressly limns acceptance to the teats and conditions stated herein se, forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance, must be effected within the time stated oa flee purchase order and the documents attached herein, No act 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, It, option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes nor reomnably newsstands ds which are bryond its reasonable control and without its fault of negligence, .such acts ofGwL acts stdvit or military authorities, governmental priomhes, fires, strikes, flood, epidemics, wars or riots Provided list notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tome when the Sella first received knowledge therm,'. In the event of any such been, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wunams chat all 6.ad,, articles, materials and work covered by this order will conform with applicable drawings, Verifications, 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 purchase. M mless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, actinic or make good, without cast 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 terns of any applicable warranty provided by the Seller net the date of cceptance of the goods Poml,hed hereunder Percipience not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser, shall not constitute a waiver of any claim under this wormnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmnties or guarantees, but such liability shall in no event include loss ofpmfim or Ices of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pmahaser may make any Grance to the terns, other lJ legal terms, including adailums ro or de rimers from the quantities originally ordered in the specifications or dmwthes, by verbal or written change order. If any such change offeen the amount due or the time ofpedoamam a hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as Ip any or all porticos of the goads ahem not shipped, subject m any equitable adjustment between the parties as to any work or materials then in progress mcArded that the Purchaser shall not be liable for any claims fit, anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential danmges, and nMt no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such participation shall relieve the Purchaser or the Seller ofany of their obligations es to any goods delivered hereunder 9. CLAIMS FOR ADJUSTMENT. Any claim for adjusMech mu,, be assured within ficrry, (30) days train the date the change or mrminmien 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 Roods we subject. The Seller shall excen a and definer such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpomted in agreements of this character are hereby miscalculated 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 result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or become due hereunder without the prior written consent of fie other petty. 10. TITLE. The Seller warrants had, clew and constructed title to the Purchaser for all equipment, materials, and items famished in performance of this agreemenq free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct consummating or defective goods by a date to be agreed upon by ,he Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfamwd by the most expeditious means usuitable to it, and the Seller shall Roy .11 casts associated with such work. The Seller shall release the Purchaser and i,, mpwwmts of any cal frnm 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 the directors, officer, and employees of such porly. The Settees contractual obligations, including accuracy, sMll not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenevo the Sept, is required to t.a any design, device, material or process covered by letter, patent, trademark or copyright, the Seller skull indemnify and are harmless (lie Purchaser from any and at I claims for infngement by rcamn of the use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify flat Purchaser for any cost, expense in damage which it may be obliged to pay by reason of such inlcommucnt at eery time during the prosecution or after the completion of the work. In rase said equipment, or any pan thereof or the intended use of the goods, is in such suit held to mwatitua impingement and the use of said egpipntem or pan is enjoined, 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 with substantially equal but nnninfnnging equipment, or modify it so it becomes noninu inging. 15. INSOLVENCY. If the Seller shall become thimlvent or bmdmpt, make an assignment for the benefit of ¢editors, appoint a or trustee for of the Sellers property err business, this order may fonhwhh be canceled by the Purchaser trusteeany haser without liability. 16. GOVERNING LAW. The definitions offences used or the interpretation of the agreement and the rights of all parties hereunder O all be appeared under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in reses where the Seller is to perfect work hereunder, including the servieva of Sellers Representative's), on the premises of others. 19. SELLERS RESPONSIBILITY. Ilea Seller shall carry on said work of Sellers own risk until the same is fully completed and accepted, and shall, in 'e of any accident, destruction or injury to the work and/or materials before Sellers final completion and cesp[ance, complete the work w Sellers own expeuse and Io the sa[isfaeton of the Purchase,. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, wined, store and handle same at the site and become responsible therefor ss though such mammas and/or equipment were being fmished by the Seller under the order_ 18. INSURANCE_ The Seller shall, at bin own expense, provide for the payment ofworkers compensation, including occupational disease benefits, m its employees employed on or in connection with the work covered by this purchase order, and/or Io their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and amourvine public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,00o for any accident and property damage limo[ per accident of $400,000 The Seller shall likewisequl rea has conlnmlors, Many, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such campsite, shall specify the data when such compensation and insurance leave been provided. Such oenifiemes shall specify the data when such camper son s. and insurance expires- The Seller agrees than such compensation and insurance shall be maintained until after the stile work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsial lay and liability for any and all damage, Ioss or injury ofany kind or nature whatsoever to persona or property caused by or resulting from the execution afine work provided for in this purchase order of in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any or all of the Purchasers afters, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly m which the Purchaser may be put or subject by reason of any act, action, neglem, omission or default on the pan of the Seller, any of tits comments, or any of the Sellers or contractors cfcers, agents or employees. In case any it or the, proceedings shall be brought against the Purchase, or its offers, a.,, or employees at any time oa account 0, by reason of any act, action, neglect, omission or default of the 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 thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in sucM1 suit or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once more the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commrmr, shall take all safety precautions, furnish 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 Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03R010