Loading...
HomeMy WebLinkAbout524732 WILLIAM & KATHLEEN WHITLEY - PURCHASE ORDER - 9142846 (2)Fort Collins Date: 07/10/2014 Vendor: 524732 PURCHASE ORDER 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 2 Addendum to PO 9142846 Feature F addition 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 1,800.00 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 1. COMMERCIAL DETAILS. 1'ax exemptions. By town he Ciry of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Conciliate of Registry 84-6000587 is registered wish the Collator of Internal Revenue, Denver, Colorado (Ref, Colomdn Revised Sm,mes 1973. Chapter 39 26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet spreficatiom, either when shipped or due to defects of damage in vansil, may be mounted to you for credit and are Out to be replaced except upon receipt of waiden imvucdons from the Ciry of eon Collim. Inspertion. GOODS arc subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, ser equipment i espoa a to this oNo, can result i uathodzed payment on the pan of the Ciry of Fort Collins. However, P is to be undersmod that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of ran Collins, 7M Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If pamiasion is given to prepay freight and charge separately, the original freight bill most accvmmany invoice. Additional charges fen packing will not be accepted. Shipment Distance. When mannfaarmirs have distributing points in variousry, pans of the conntshipment is expected from the firon repler moon pains m destination, and excess freight will be adorned from Invoice when shipments are male from grleter distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates ad licenses required by all applicable laws, regulations, ordinances and roles of the slope, municipality, territory or political subdivision where the wad ls performed, or required by any other duly mmtiwted public authority having judWiction over the work of vendor. Seller further agrees to Mid the City of Fan Collins bamJcss from and against all liability arW loss incurred by them by ratan of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree That ,he representatives are, in Lac,, bona GJe and possess full and omplete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stared herein set forth and any supplementary or additional terms aM conditions annexed harem or irewporsted herein by reference. Any aJJitioull or differenuema and reditions proposed by seller are objected to mad herrby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyot cannot make complete shipment to arrive oa you. pro cacd delivery data as noted. Time is of the essence. DCIPCO, and performance most be effected within the time smtd can ,he purchase aide, and the docume ns attached hercw. No note of the Purchasers including, wuMP limitation, acceptance of radial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages m a result of delays due to causes not ressonabty foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, gm'emmrnuil priorities, fires, strikes. Rood, epidemics, was or riots prevldeJ that notice of the conditions naming such delay is given to the Purchaser within Eve (5) days of the time when the Seller first received knowledge therm(. In the event of nay such delay, the date of delivery shall be extended for the pedal equal,a the law actually dos, by reason ofdw delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specificltions. warges anlf., other descriptions given, will M fit for the purposes intended, and Performed with the highest degree of can and competence th accordance with accepted standards for work of a similar Comm. 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 ofwananly. The Seller shall replace, repair or make good, without cost m the purchaser, any defects or faults arising within one (1) year or within such longer prod of time m may be prescribed by law or by he terms of any applicable warranty provided by the Seller after the date of acceptance of the gawk furnished hereunder (accepance nor to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by ,he Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabil iry hereunder shall extend an all damages proximnely cased by the breach of any of the foregoing wamwfes or guannlees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FffNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make Charm to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes I. the terms, order than legal corms, including additions tom Jcictitm from ,he quantities oPgirully ordered in the specificrions or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjeo ment shall be made. 6. TERFBNATIONS. The Punhaser may at any time by written change order, terminate this agreement ex to any or all portions of the gawk then not shipped, subject to any equitable alinement between the ponies as to any work or materials then in progress provided rha, the Pumhrom shall not be liable for any claims for anticipated profits on the uncompleted pomion of the goods muVor work, 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 Sellers slandnrd stack. No such erminalion shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for djm,ment most M worand within thin (30) days from the date the change or propitiation is mdard. 8. COMPLIANCE WITH LAW. The Seller variants thal all goads sold hcrcunder shall have been produced, sold, delivered end famished is stria wn,liance with all applicable laws and regularios to which the ROOM, an subject The Seller shall execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incerpomteJ herein by this reference. The Seller agrees to indemnify and hold the Purchaser barmlets from all cars and damages suffered by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall sign, transfer, or convey this order, or any monies due or to became due hereunder withouuhe prior wrnen consent ofthe other party. 10, TITLE, The Seller warrants full, clear and umesMcted title to the Paternoster for all equipment, pe tenals, and items fci ishd in performance of this agreement fire told clear of any and all liers. restriction, reservation, security interest encumbrances and claims i fmic.. 11. NONWAIVER. Failure of the Pumbaser to insist upon strict perfmmnce of the terms and conditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure ro pronoli Cy the Seller in the event of a breach,tmptly the acceptance of or payment for goods hereunder or approval ofNe design, shot[ trot release the Seller of any of the warranties or obligations of this purchase order and mail Pot M dremed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or mndies as to any such goods, regardless of when shipped, pleased or accepted, as ro any prior or subsequent default hereunder, nor shall any puryond oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violationsare in fact home by the Purchaser. Theretofore for good cause and as cosidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hermner acquired under federal or suite antitrust lases far such overcharges relating to the pvticular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness 10 comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs womommd with such work. The Seller shall release the Pumheser and its courprom of any tier Iran all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of Ne party aimed and shall extend to the directors, officers and employees Orwell party. The Sellers contractual obligations, including w.no nry. shall nor be deemed to be reduced, in any way, because such work is performed or Caused to be performed by the Purchaser. 14, PATENTS. NTcnever the Seller is requirt to sea say design, devim, mmedal or process mvaml by lever,patent. trademark or copyright. the Seller shall indemnify aM save harmless the Purchaser M. any wrd all clams for iafr,shom, 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 cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or offer the completion of the work. In case said equipmenr, or any part thereof or the intended use of the goads, is in such suit held to constitute Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense end of its opllon, either promrc for the Purchaser the right to continue ming said equipment or pans, replace the same with substantially equal but nonlnfnging equipment, or modify it so it becomes nanininnging. Is. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of c,duret. appoint a receiver or tromee far any of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definilions of lams hard or the interpretation of the agreement and the rights of all parries hereunder shall M Comity er antler arW governed by the laws of the Suite of colorddo, USA. The following Additional Conditions apply only in Cases when Nc Seller is to perform work hereunder, including the senieca of Sellers Representativc(s), on the premises traders. IT SELLERS RESPONSIBILITY. The Scller shall carry on said work set Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, desuuetian or In, m the work and/or materials before Sellers final completion and acceptance, complete the walk o1 Sellers own expense and to the satisfaction of the Purchrea, When materials and equipment are famished by others for immllop011 or erection by the Sella, the Seller shall mceive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fit Pi by the Serer under the order. IB. 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 the work covered by this purchase order, and/or to their dependents in accordance will the laws of,hC state in which the work is to be done. The Seller shall also cry comprehensive general liability including. but not limited to, contractual and automobile public liability in awith bodily injury and death rim of at least $300,000 fur any one person, S500,000 for any are accident poor Pmpeny damage limit par accident of S400,000. The Seller shall likewise require his Contracron, if any, to provide for such compensmion and insurance. Before any of the Sellers or his contractors employees shin do any wok upon the premises of orders, the Sererthan famish the Purchaser with a certificate that such Compensation and insurance have ben provided. Such certificates shall specify the doe when such amp motion and insurance have been provided. Such certificates shall specify,he date when such composition and insurance expires. The Seller agrees that such compenmtion and insurance shall be maintained until after the entire work is completd and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the eatire responsibility and liabil iry for any and all damage, In, or injury of any kind PC ..me whatsoever to Prnons it, property caused by or resulting from the exemWm of the work provided far in Nis purchase order or in CormMion herewith. The Sella will indemnify and Mid hmrnleis the Purchaser am any or all of the Purchasers afters, agents and employers fmm and against any and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpen to which the Purchaser may the put or subject by reason of any act action, neither. omission or default oa the pan of the Seller any of his ontractors, or any of the Sellers or contractors officers, agents or employees. In care any snit or other Proceedings shall be brought against the Purchaser, or its nfiicers, 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 M1k contractors or any of its or ,heir oMet., agents or employees m aforesaid, On Seller hereby agrees to assume the defense thereof and ro defend the same at the Seller own expense, to pay any and all costs, changes, atmmcys fie, and other expenses, any and all judg3nmts that may bo incurred by or obtained agaimr the Purchaser CO any of its at their ofcen, agents or employees in such suits or other proceedings, and in case judgment Ce order lim be placed upon or obtained minor the property of the Purchaser. or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commemrs sball take all safety precautions, famish and install all guards necessary for file prevention of accident, comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and al I mles and regulations issued pursuant thereto. Revised 03n010