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HomeMy WebLinkAbout464495 GILLIAN BOWSER - PURCHASE ORDER - 9134969Fort Collins Date: 08/21/2014 Vendor: 464495 GILLIAN BOWSER 1108 W MOUNTAIN AVE FORT COLLINS CO 80521 Delivery Date: 09/12/2013 Note: Line Description 1 Land.Rehab 5529STimberin. c/o Jilian Carroll PURCHASE ORDER PO Number Page 9134969 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 Quantity UOM Unit Price Ordered ED BONNETTE :tend( Price 1 LOT LS 7,500.00 Total $7,500.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fon Collim is exempt fiom state and Iwal cares. Our Exemption Number is 11. NON WANER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumts 1973, Chapter 39-26, 114 (af exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evens card breach, the acceptance Prot payment for goods hereunder or approval ofthe design, shall nor release the Sella of Goods Rejected, GOODS REJECTED due to boom in meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemcl a waiver of any right of the damage in tmnot, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Port Collins. of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any puryoned oral modification 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 Fun Collins inspection on arrival. hereof. Final Acceptance. Receipt of the meahandise, services ar ryiipment in respmue to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authored payment an the Part of the City of Fort Collins_ However, it is 10 be thdemoad Not FINAL Sella and the Purchaser ma nine that in actual economic es practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection piseed.m, violations are in fact home by the Purchaser. Thereof ne. for good cause and as consideration for executing this purchase order, the Seller hereby usigm to the Purchaser any and all charm it may now have m M1ereafer Freight Terms. Shipments must bo F.O.B., City of Fart Collies, 700 Wood Sr, Fort Collins. CO 80522, unless acquired under fedenl or state satitmst laws fat such overcharges relating to the Particular goods or services otherwise specified an this Oder. If permission is given to prepay freight and charge st,chowly, the original freight purchased or acquired by the Purchaser pursuant to this purchase ordeu hill mum scccomema my race Arthur-] chances for mckin¢ will at be acceoted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nwrat distribmion mat to dstinuion, and excess freight will be deducted from Invoice when shipmmt are made fain greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, usufficates and licenses r a creel by all applicable laws, regulations, ordinances and roles of the stale, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of carbon. Sella further agrees to hold the City of Foe Collins harmless from and against all liability and loss canetired =a by them by wn of an asserted or established violation of any such laws, regulations, ordinances, mica requirements. AuNormion. All ponies to this contract agree Out Ore representatives are, in fact, bow fide and possess fall and complete authority to bind said panic,. LIMITATION OF TERMS, This Purchase Order expressly limits nmplanc, to the corms and conditions slated herein set forth and any supplementary or additional tears and conditions annexed be=m or incoryonted herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to Prove can your premised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time sorted oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall court, m a semis,, of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere cod holding the Sella liable for damages. Ilawesm, Ne Seller shall oat be liable for damages. a result of delays due to causes not reamnably foreseable which are beyond its reaowbla control and without its fault of negligence. such act of God, acts ofcivil or military authorities, governmental pdarities, free, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing stab delay is given to the Purefe set within five (5) days of the time when the Seller fast received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the pernd equal to the time actual IS lost by reawn of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples safer other descriptions given, will be f 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 held the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach Pfwermnty. The Sella shall replace, repair or make good, without cost to the purchaser, any defect or fault arising within one (I) year or within such longer period of time as may be matched by law m by the Rat of arty applicable warmay provided by Ne Seller after the date of acceptance of the goods famished here rrder (aca pcaoce not to be unreacombly delayed), resulting f imperfect or defective work done m .,,risk famished by the Seller. Acceptance of use of good by the Purchaser shall rat constitute a waiver of my claim order this warrant. Exmpt as otherwise provided in this purchase order, tbe Sellers liability hereunder shall extend ro all damages proximately caused by the breach of any of the foregoing warmades or guarantees, but such liability shall in no went include lass of profits or has; 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 Ross by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal moms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by camel or wdtren change ode. If any such change a1Tmts the amount due or the time of performance hereunder, an equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, leramm a this agreement as 1P any Par all portions of the goods then not shipped, subject to any equitable azljustmrt between ties patsies as to any work or materials Ncn in progress provided thin the Purchaser shall not be liable far any claims for anticipated profits oa the uvmmlileted Portion of the goods anllor work, for incidental or consequential damages, and that no such adjustment be made in favor night Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or fare Seller army of their obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or reformation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished! in stria compliance with all applicable laws and regulations R which the good are subject. The Seller shall execute and deliver such document as may be required to cgTect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are M1e=by unaccounted herein by Nis reference. The Sella agrees to indemnify and held the Purchaser harmless from all was and damages suffered by the Purchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title or the Purchaser for all equipment, material, and items famished in performance of this agreement, free and clear of any and all lints, rsniclimt, reservations, security interest area (throw s and claims ofothen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. firs, Purchaser direct me Seller to eorect nonconforming or defmlive goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller theexfrer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by the must expeditious means available to n, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any Per from all liabil it, and claims of any nature resulting from the performance ofmch work. This =lease shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employes ofauch party. The Sellers commercial obligations, including warrood y. shill rot he deemed to be reduced, in any way, baaase such work is performed or caused or b<performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, now rial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reawn of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for mry coal, expense ar damage which u may be obliged,, pay by reawn of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use car Ne goods, is in such suit held to constitute infringement and the use of said equipment or you s enjoined, the Seller shall, at its own expense and at it option, either procure for the Purchaser the right to continue using said equipment a pans, replace the same with substantially equal but noninftinginge,ripmrnr mmodify it so itbecomes nouinfrm ing. 15. INSOLVENCY. If Ne Seller shall become insolvent or b ckaupr make an assignment for the benefit of cr thous, appoint a or aste tfor any of ties Sellers property or business, this order may foMwith be cunMed by the Purchssm without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panic hereunder shall b, construed under and gpsomed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work hereunder, including the services of Sellers Re,racamiative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on mid work at Seller's own task until the same or fully completed and accepted, and shall. in case of any accident. dawetion or injury to the work arWor matenas before Sellers hour completion and acceptance. complete the work at Seller's Pam expense and to the satisfaction of the Purchaser. When material and equipment are f lhed by others for installation or erecfion by the Seller, the Seller shall receive, unload, store and handle more at the site and become responsible therefor as though such materials auditor equipment were being flmlM1ed by the Seller under the order. - 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compemation, including mcupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall alw carry comprehrmive Smarr liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits arm least i300.000 for any one person, S500,000 far any one accident and property damage limit Par accident of S400,000. The Seller shall likewise require his contractors, if., to provide far such compme mtion and maueance. Before any of the Sellers m his contractors employees shall do any work upon the pmnss of others, the Seller shall famish the Purchaser with a certificate that such compensation ard insurance have been provided Such certificates shall specify the due when such compensation and insurance have been provided. Such certificates shall specify the due when such compensation and insurance expires. The Sells agrees that such competswtion and insurance shall be maincained until after the entire work is completed and acepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fire entire responsibility and liability for any and al I damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent and employees farm and against any end all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Pu¢haser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ontmctors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Pumbma, or its officers, agents or employees at any time an ucouat 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, agets m employees as aforesaid, the Seller hereby agrees 1P assume the defense thereof and to defend the come en the Sellers men expense, to pay any and all casts, charges, attorneys fees and other expenses, my and all judgments Nat may he incurred by or obtained against the Purchaser or any of its or their others, agents or employees M such suits or other proceedings, and in case judgment or other lien 1w placed upon or obtained agairut the property ofNe Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, campy with all laws and regulamor, with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued purouatn thereto. Revised 0712014