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HomeMy WebLinkAbout133759 JANE C GOODWIN - PURCHASE ORDER - 9142848Fort of Date: 05/21/2014 Vendor: 133759 JANE C GOODWIN 314 E MULBERRY ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142848 tof2 This number must appear on all invoices, packing slips 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 1 Landmark Rehab 314 W. Mulberry A�.�e'I. 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 1 LOT LS 2,382.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from ,rote and lwal taxes Our Exemption Number is I L NON WAIVER. 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 performance of the terms and conditions hereof, failure or delay an Internal Revenue, Denver, Colorado (Ref Colorado Revised S,mums 1993, 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 wearisome of or Payment for goods hereunder or approval of the 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 obligaions of this purchase order and shall not be deemed a waiver army right of the damage in Ransil, may be removed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon slater performance hereof or any of its rights or remedies as to any such goods, regardless noun liom from the City of F.l Collins. of when shipped, revived or accepted, as to any prior or subsequent default hereunder, nor shall any marinated am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the harms lubrication GOODS are subject,, the City of Pon Collins inspection on appeal. hereof Final Acceptance. Repair, of the mell di,e, services r equipmento r in response la this aide, esul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pint of the City of FortCollins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in aomal economic practice, overcharges resulting from contrast ACCEPTANCE is dependent upon completion of all 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 no Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments most be PO B, City of Fort Collins, 900 Wood St., Pon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges mladng to the cathode, goods or services otherwise specified on this order. If peovtissien is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most acc.mnmiv invoice, Additional charges fur packing will not be accepted. Shipment Distance. Where manufacturers have distribution points in various pats of the country, shipment is expected from the nearest distribution point to destination, and excess fieigh, will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, eerthicam, and licenses required by all applicable laws, regulations, ordinances and rules ofth state, thapp ipuliry, territory -political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and lass accrued by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miles and rwuirements. Authorization. All patties to this contract agree That the representatives are, in fact, bone fide and possess full and complete authority to bind said parties LIMITATION OF TERMS, 'Ibis Purchase Order expressly limits acceptance to the corms and conditions stated her set forth and any supplementary or addamand terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected 10 and hereby r jacted, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you canna, make complete shipment m act, on your promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time staled on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing fail order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due In causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ems of Gil, acts of civil or miht.ry anihonties, govemmental priorities, fires, strikes, flood, epidemics, wers or riots provided than notice of the conditions causing such delay is given to the Purelmaser within five (5) days of the ,into when the Seller first received knowledge thereof. In the In of any such deoV the date of delivery shall be extended for the period equal I. the time ec Worry lost by reason of the delay. 3. WARRANTY. The Seller warrants the,, all goads, anieles, materials and work covered by this order 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 waramy. The Seller shall replace, repair or make gmod, with.., cost to it,, pmehaser, any defects or faults arising within one (1) years within such longer period of time as may be prescribed by law wry the temps crony applicable warranty provided by the Seller electric date of acceptance of the goods famished hereunder (accept-. not to be unreasonably delayed), resulting from imperfect or definive work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall no, mpstimte a waiver of any claim under this warranty. Except w 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 warranties or guarantees, but such liability shall in no event inclade 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 terra by wri.en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchicer may make any changes to the terms, other than legal terrru, including additions to or deletions from ,l,a qu inftie, wiginully ardered in the manificmiam or drawings, by verbal or written change order. If any such change affects the amount doe or the time of wabrmanv hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by coupon change order, terminate this agreement as 1. coy o, all potions of the goods then not shipped, subject to any equitable adjustment between the parties as In any work ormounals 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 amplax molial damages, and [hat no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers shorthand stock. No such temmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods del Ivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msened within thirty (30) days from the date the change or perturbation is ordered. I. COMPLIANCE WITH LAW. The Sell,, variant shot all ..nits sold heeunder shall have been produced, said, delivered and famished in strict compliance with 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 evidence compliance. All laws and regulations required m be incorporated in agreements of this diameter am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Isom all casts and damages sulfated by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, ma.for, or convey this order, or any monies due or to become due hereunder without the poor women chosen, of the.,he, pany. 10. TITLE The Seller warrants full, clear and unrestricted time to the Purchaser for all equipment, materials, and items fiunished in performance of this agreement, Gee and clear of any and all Hera, restrictions, reservations. second, .merest encumbrances and claims ostlers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purcbaee, direst, the Seller to cancel nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Selly, ,and the Seller timeremnor indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to P, and the Seller sloth pay all ,may numpimed with such work. The Seller shall release the Purchaser and its cont—ors of any lie, from all liabiliry 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 party released and shall extend to the direatms, oRpars ..it employees of such any. Time Seller's contraclpal obligations, including warranty, shall not be deemed to be reduced in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whno,ya the Seller is required at no, any design, device, material or prows covered by lave, paten, trademark up cmOmbu, We 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, material or process in connection with the contract end shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prose....... or offer the completion of the work, In case said equipment, or any pat thereof or the intended use of the goods, is in such suit held to constitte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either pro re for the Purchaserthe right to continue using said equipment or pans, replace the same with substantially equal but noninGnging w,uipment or modify it so it becomes noninfringing. 15. BJSOLVENCY. If the Seller shall become insolvent or hankmpl, make an assignment for the benefit of creditors, appoint a Poror tmstee for any of the Sellers property .,do, business, Ihis ae, may momenta be canceled by the e ecerwithout liability. 16 GOVERNENG LAW. The definitions of terms used or the interpretation.ftfie agreement and he rights erall parties hereunder shall be c mruelunder and governedbythe laws oftere State ofColomdo, USA. The following Additional Conditions apply only in cases where me Seller is to perfomh work hereunder, including the services of Sellers Represenmure(s), on the premises ofo[hers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident description or injury to the work andror materials before Seller's final completion and weptanpa, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by other, for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equremem here being f candfi d by the Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with ,be work covered by this purchase order, and/or to their dependem s in accordance with the laws of the stale is which the work is in be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and amom.bile public liability insumnce with lately injury and death limire of at least $300,000 for an, one person, 5500,000 for any e accident and properly damage limit per accident of S400,000_ The Seller shall likewise require his comnotors if any, m provide for such compensation and in,amove, Before any of the Sellers or his contractors employes shell ns any work upon the premises of others, the Such cshall emsFinnish the Purchase, with a when s such that such con and and insurance have been provided. Such hall s e cif shall specify such data when such compensation and have been provided. Such certificates shall specify the dale when such compensation and in expires. The Seller agrees 0at such compensaion and insurance shall be maintained emit after 0e 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 injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of The work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase, and any r all of the PosM1vsers officer, agents and employees from and against any and all claims, losses, damages, charges m expense, whether direct o, indirect, cod whether to persons or property to which the Purchaser may be put car subject by reason of any am, action, neglect, omission o, default oa the pan of the Sell,,, any of his contractors, or any of the Sellers or equations ofllcers, agents or employees In case any suit or .,he, proceedings shall be brought against the Purchaser, at its officers, agents or employees at any time 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 officers, agents or employees as aforesaid, me 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, avomeys 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 is such .it, o, the, proceedings, and in cue judgment m other lien be placed upon m obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diuhargM by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and iookill all guards necessary for the prevention of widens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all pules and regulations issued pufsuanl thereto. Revised 03n010