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HomeMy WebLinkAbout524732 WILLIAM & KATHLEEN WHITLEY - PURCHASE ORDER - 9142846 (3)Fort Collins Date: 07/11/2014 PURCHASE ORDER 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 i and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 05/2012014 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 LOT EA 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 I. COMMERCIAL. DETAILS. Tax exemptions. By statute be City of Fon Collins is exempt from state and local uses. Our Exemption Number is II.NONWAIVER. 9"502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is regiamod, with the Collector of Failure of the Purchaser to insist upon alder performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colombo Revised Smmtes 1973, Chapter 39-26, 114 (a), exercise any niches or comedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goals hereunder or approval ofine design, shall not release be Seller of Goods Rejected. GOODS REJECTED due to failure to tract specifications, x0a when shipped or due la defends of any of be wzmmries or obligations of On purchow order and shall cal be, deemed a waiver of any fig a of be damage in mast. may be resumed to you for credit and aloe not to he replaced except upon receipt of women purchaser to insist upon sector performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fan 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 moos Inspection. GOODS are subject to the City of Too Collins inspection on arrival, hereof Final Acceptance. Receipt of the me¢handiu, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. nufmized payment em the pan of the City of Fort Collins. However, it is m be understood that FINAL Seller and the Purchaser recognize Nat in actual economic prsence, o erthargm resulting form antitrcer ACCEPTANCE Pdepeadentupon compleamnofall applicable required inspection procedures. violations are in fact home by the PurcWser. Themmfore for good muse and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.OG,, City of Tom Collins, 700 Wood St., Fiat Collins, CO 80522. unless acquired under federal or scam antiwst laws for such overcharges relating to the p.men]., goods or services otherwise specified on this order. It permission is given to prepay freight and charge separately, the original freight p anocial or acquired by the Purchaser pursuant o this purchase order. bill must accompany immice. Additional charges fir packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disc muting points N connotes pans of be country, shipment h If the Precedence directs the Sella to corect nonconforming or defctive goods by a date to in, agreed upon by the expected from the nmtem distribution no m deans ion, aced excess freight will be decocmd from Invoice when Purchaer and the Seller, and the Sella thereafter indicates its imbiliry or unwillingness to comply, the Purchaser shipments arc made from gromter disance. may cause the work to be performed by be moo expeditious means available to i,, and the Sella shall pay all costs usocimed with such work. Pennies. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses acquired by all applicable lows, regulations, ordinances and rules of the state, municipal lty, tcriubry fir political subdivision where the work is ankmared, or required by any other duly constituted public authority having jconduction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason after asserted of established violation of any such laws, regulations, ordinances, rules and ca mo mens. Authoritarian. All ponies I. this contract agree that the represa ernes are, in face, bona file and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions rmed herein set forth and any supplementary or addour al terms and conditions annexed hereto or incorporated herein by reference. Any additional or different Ro me, and conditions proposed by seller are objected to and hereby external. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT Imrnedimely if you canto, make complete shipment to arthe oa your promised delivery date u noted. Time is of fe essence. Delivery and performance most be effected within fe time seated on the purchase order and the documents attached hereto. No acts of the Pnrchuers including, without limitation, accepance official late deliveries shall operate as s waiver ol'this provision In the event of any delay, the Purchaser shall have, in addition to ocher laid and equitable remedies, the option ofpscing this order elsewhere and bolding the Sellor liable for dmrr,rs. He, m'er, the Seiler shall not be liable for damages as a omill of delays due to causes cat contombly foresee ile which me beyond its restorable central and without in fault of negligence, such acts ofG W, acts aboard or military authorities, governmental prionties, fires strikes, Rood, epidemics, wars or units provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of be time when the Seiler first received knowledge thereof. In the event of any such delay, the dam Of delivery shall be extruded err the period equal ,o the time actually lose by reason ofthe delay. 3. WARRANTY. The Seller ..term than all goal, articles, contains and work covered by this order will conform with applicable drawings, specifications, samples amL'or other descriptions goo , will be fie fur be purposes intended, and perfocured with the highest degree of me and wenches nee in accordance win accepted a.&, s for wok of a -similar mturc. The Seller agrees to hold the Purchaser hormless from any loss, damage or expense which the Purchaser may suffer or incur on account of fie Sellers breach of avoranty. The Seller shall replace, repair 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 he prescribed by law or by the aerms of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be immeasurably delayed), resulting from imperfect ar defective work One or rmmdah fum¢hed by the Seller. Acceptance or use orgood, by the Purchaser shall east institute a waiver of any claim under this economy. Except as onaw n, provided in this machine order, the Sellers liability hereunder shall extend to oll damages proximsuly caused by be breach of any of be fortgoin, worm Ines or gamramces, but such liability shall in no event include loss of prof¢ or loss of use. NO IMPLIED WARRANTY OR MERCI I ANTABILITY OR OF F'UNF.SS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Putehasa may make changes an legal terms by wrinm change color. 5. CHANGES IN COSMERCIAL TERMS. The Purchaser may make any changes no the rams, after than legal toms, including additions to or deleriom from ,he qua annually ordered in specifications ore specifications drawings, by verbal o change order. If any such brie change afTects the nmotnt due or the time of performance hereunder, an equitable vdjusemem shell be mode. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all portions of me goods then awl shipped, subject to any equiuble adjumnent between me facia as b any work or maaalals then in progress provided that be Purchaser shall not be liable for any chains for anticipated profits on the uncompleted portion of the goods an Air work, for incidental or commerical damages, and that no such adjustment be made in favor after Seller with respecno by goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim for adjtutmenr tame be asserted within thirty (30) days form the time fe change or uncommon is ordered 8. COMPLIANCE WITH LAW. The Seller...,, chat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and rem lations to which the goods are subject The Seller shall execute and deliver such documents as may ha required Ins effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold be Punctuator harmless from all casts and damages suffered by me Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmufer, or convey this order, or any monies due or to become due hereunder without the prior women consent of the other puny. 10. TITLE. The Sella x'arrmaPs fall clam not unresuio ed'late b be Purchaser for all equipment, mmerials and lot. famished in performance of this agreerornl f and clear of any aed all liens, restrictions, omr-ortiom, vacancy marral encumbrances and claims afofers. The Seller shall releme the Purchaser and its conomou, of any tier from all liability and claims of any metre resulting from be performance ofsuch work. This release shall apply even in the event of fault of negligence of be party released am shall extend in the ditectors, officers meal employecs ofsuch Party. The Seller's contractual obligations, including warranty, shall not be barred to be reduced, in any way, because such work is performed or caused to be pationated by me Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, desire, material or process coveted by tell,, From, hadcmnrk or copyright, the Seller shall indemnify and save harmless be Purchaser from any and all claims for infringement by reason of be use of such parented design, device, national or process in connection with be contract, and shall indemnify be Purchua for any cast, expense or damage which it may he obliged m pay by reason preach infringement at any time during be prosecution or after the completion of be walk. In case said equipment, or my pan thereof or the intended use of the gunds. if in such wit held to cofabeute inGngement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure 1'or the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nun intrinsic, equiPrmnc, or mahl, it so it becomes nohinfdngiii, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far the benef of creditors, appoint a receiver or ounce for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnnums ofterms seal or me interpretation ifthe agreement mad fe rights of all parties hereunder scull be, consomed unda and govemed by be laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where be Sella is to perform work hereunder, including the services of Sellers Represenative(s), on be premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's own risk until fie same is fully completed and seemed, add shall. in case of any accident, destruction or injury to be work m him materisls before Sellers final completion mat acceptance, complete the .,it or Seller's own expense and! Ir fs satisfaction of the Purchaser. When avmrials and equipment are famished by be. far installation m erection by be Sella, me Seller shall ova" unload store and handle same at be see and become responsible therefor as though such materials oncl or cqulpmem were being famished by he Seller under ehc order. 18. INSURANCE. The Sella shall, at his own expense, provide for be payment of workers compensation, including Occupational dismse t melts, m its employees employed on or in comarion with the work covered by this purchase order, anNor an tacit dependents in accordance seem the laws of the sate in which fe work is m be dome. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and autee mbile public liability insurance with bWily injury and death limits of at learn 5300,000 for any one Amon, St W WII for any e accident and property damage limit per accident of 5400,000. The Seller shill likewise require his nntractors, if ant, to provide for curb compensation and in e. Defore any or the Sellers or his contractors employees shall do any work upon be premises of others, the Seler shall formal the Purchaser with a certificate that such compensation and baamance have been provided. Such certificates shell specify me date when such compensation and insurance have been provided. Such ceni&arm shall specify be date what such compensation and insurance expire. The Seller agrees Out such compensation aM insurance shall he maintained until affect fie entire work n completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability lot any and all damage, loss or injury of any kind or nature whromever to persons or progeny caused by or resulting from the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of be Protesters officer, agents and employees from and against any and all claims, losses, damages, charges or expenses, whither dime, or indirect, and scheme, to persons or property to which be Purchaser, may be put or subject by reason of my act, action, negler, omission or default oa be an of be Sella, any of his cormorant, or any of the Sellers or contractors officers, agents of employees. In ease any suit or other proceedings shall be brought against the Purchase, or its officer, agents or employees at any fine 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 Drumm, agents or employees as aforesaid, me Seller hereby agrees to assume me defense theeof and an defend be same at fe Sellers own experts, to pay my and all casts, charges. zhomeya fees and other expenses, any mad OR judgments chat may he incurred by or obtained against be Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in cue judgment or other lim be placed upon or Obtained against fie property of the Purchaser, or said patties in or as a renal, of such suits or ofer proceedings, ,he Seller will at are cause the same to be dissolved and discharged by giving Fund or otherwise. The Seller and his contractors shell take all safety prewutiont, famish and install all guards necessary far be prevention of accidents, comply with all laws and miniatures wit regard to safety including, but without limitation, the Oon,swooml5afeny anal Hmin Act of 1970 and all miss and regulations issaod porsum, memo. Revised 032010