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HomeMy WebLinkAbout541416 OUTDOOR LIVING SPECIALTIES - PURCHASE ORDER - 9145118PO PURCHASE ORDER 914511er Page C117/ of PURCHASE 45118 1012 ' `tCollins( _ Thisnumber must appear ` v ` on all invoices, packing sli s and labels. Date: 09/04/2014 Vendor: 541416 OUTDOOR LIVING SPECIALTIES 2718 WORTHINGTON AVE FORT COLLINS CO 80526 Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 09/04/2014 Buyer: ED BONNETTE Note: PER ATTACHED GRANT FROM HISTORY COLORADO FOR EXTERIOR REHABILITATION OF THE PARAMOUNT COTTAGE CAMP, PROJECT #2015-M1-016. Line Description Quantity UOM Unit Price Extended Ordered Price t Paramount 1544 West Oak Exterior rehabilitation 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 63,785.00 Pay terms net 30 days 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. COMMERCIALDETAILS. Tax exemptions. By music the City of Tom Collins is exempt from sate and local taxes. Our Exemption Numher is 11. NONWAIVER. 98-045D2. Federal Eaciu Tax Exemption Certificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dmed, Colorado (Ref. Colorado Revised StaWms 1973, Chapter 39-36. 114 (a), exercise any fights or currencies provided herein or by law, fvlum to promptly notify the Seller in the event of a bread, the accep. of or payment for goods hermalia or approval of the design, shall mar mt. the Seller of Goad Rejected. GOODS REJECTED due to failure W meet specifications, either when shipped or due 1. defects of any of den xarrasies or obligsierss of this purchase other aid shall not he deemed is waiver of any right of the damage in rand easy be m umed to you fro credit and are rot to be replaced except upon receipt of whoom purchase, m insist upon sma performance hereof., any of its rights or remedies as to any such goods, regardless iustrctions from the City of Fon Collins. of when shipped, raffived or accepted, n to any prior or subsequent default hertuadco nor shall any purported and modification or rescission of this purchase miler by the Purchase, operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fair Collins instead. on anneal. hereof. Final Acceptance. Receipt of the merchandise, sourvices or equipment in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pad of the City of Fort Collins. However, it as to be understand that FINAL Seller and the Purchaser mcoymbe Nat in actual economic practice, o nchages resulting from antitrust ACCEPTANCE is dependent area completion ofail applicable "ineed inspection procedum. violations ere in fact home by the Purchaser. Thacrofam, for good muse and ss Consideration for executing dds purchase order, the Sella beeby assign I. the Pushssa any and all claims it may now have or hereafter Freight Terms . Shipnten6 must be TOM, City of Fort Collins, 700 Wood Sr, Fiat Collins, CO 80531, unless acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this order. If pemissinn a given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaer pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturer have distributing points in various pads of the country, shipment is If the Purchaser directs the Seller to area nonconforming or detective goad by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be dedueled from Invoice when Pumhasaand the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fruit, greaser durance, may cause the work to be performed by the most expeditions nmas available to it, and the Seller shall pay all tans...naimed with each work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulmims, ordinances and bales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss u rind by them by reason of an asserted or established violation of any such laws, regulations, nrdinnnces, roles and rcquiremmks Authodmtion. All parries to this contract agree that the representatives are, in fact, faster fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, Ibis Purchase Order expressly limits acceptance m the mum and conditions amain herein set forth and any supplcmcnmry or additional terms and conditions annexed hereto a incur immed herein by reference. Any additional err different terms and conditions proposed by seller art objected fo and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to save on your promised delivery date as acted. Time is of the essence. Delivery, and performance most he effected within the time seated on the purchae haler and the documents attached hereto. No acts of the Purehsscrs including, without limitation, acceptance of pamal late deliveries, shall operate as a waiver ofthis pmvisimi. In the event many delay, Ile Purck ser shall have, in addition to other legal and equitable remedies, she option of placing this order elsewhere and holding the Serer liable for menages. However, the Surer shall not be liable for damages na a result of delays due to causes not reasonably foreseeable which are beyond its reasonably control and without its fault ofnadigence, such acts of Gash acs of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within live (5) days of the time when the Seller Best received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason offle delay. 3. WARRANTY. The Seller warrants lat all goods, ankles, materials and work covered by this order will random with applicable drawings, instillations, somples .&a, other domplions 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 wamnry. The Seller shall replant, repair or make good, without cost to the purchase,, any deletes or faults arising within one (1) year or within such longer period of time ns may be prewriMd by law or by the terms of any applicable warranty provided by the Seller after the date of severance of the goods famished hereunder (acceptance not no be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by the Sella. Acceptance or use of good by the Purchaser shall not mmtiste a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately carved by the breach of any of the foregoing warranties or guarantees, but such liability shall in no rent include loss ofprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases eery make changes to legal terms by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Pumhoser may make any changes to the temps, other than legal terms, including addition to or deletions fmm the quantities originally ordered in the specifications m drawings, by verbal or weinen change order. If any such change a@cs the amount due or the time ofp lfiva ance herelmde,, an rynitable a JEcarr d shall be made. 6. TERMINATIONS. The Purelmser may of any time by writ change Oder, terminate this agreement as to any o all pose om of the goods then not shipped, subject o any equitable adjustment between the parties as to any work or materials that in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,onion of the goods and/m work, far incidental or como quential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers subdurd stock. No such lamination shall relieve the Purchaser or the Seller of uny aftheir obligations to to any good delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment nisi be asserted within midy (30) days fmm the date the drmge or temiwlum is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goad sold here shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulatinm to which the good am subject. The Seller shall execute and deliver such dommas ns may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all woes and damages sur'aal by the Purchaser in a result of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither party shall assign, Confer, or convey this surfer, or my monies me Or to become due hereunder without the prior wuinen common of Be other party. 10. TITLE. The Seller wamnts full, clear and unrecorded title to the Purchaser for OR equipment. twtcrim, and items f ished in afares. of Nis agreement forte and clear of any and It lien, madames. reservations, security intern. .cumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any rremre resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch ready, The Sellers contractual obligations, including w'amaty, shall not he deemed to he reduced, in any way, because such work is performed or mused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Imo, patent, trademark in copyright, the Seller shall indemnify read save hadnleas the Purchaser fmm my and all claims for infringement by mosin of the use of such Federated design, device, material or proasv in contraction with the contact, and shall indemnify the Purebuser for any cost, expense or damage which it may be obliged W pay by yawn of such infringement at any time during the prosecution or arm dm completion of the work. In rase mid equipment, or any pad thnmf or the attended use of the good, is in such suit held to constitute infringement and the use of said equipment Or For is joints, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m Continue using said equipment or parts, replan the same with substuntially dried but noninGrif equipment. or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a or frsme far any of the Sellers property or business, this aide, may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition off— trial or the interpretation of the agreement and the rights of al l parties hereunder shall be construed under and governed by the laws of the Slate of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreuntativers), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own risk until the same is fully completed and accepted, and shall, in ase of any xciden4 destruction or injury w the work amVor materials before Sellers final completion and vecepunce, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload some and handle same a1 the site and became responsible therefor ss though such nuteriaks We, equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers compamation including omupro m al disease benefits, to its employees employed on or in connection with the work covered by Nis Foreclose order, anNor 1. that dependms in accormnce, with the lass of the sham in which the work is to be done. The Seller shall also Corry comprehensive game] liability including, but not limited to, command marl automobile public liability insurance with bodily injury and death limits of in least 5300.000 fier may one person, S500,000 for any one accident and property damage limit per accident of 5100,000. The Sella shall likewise mluire his contractors. Huny, to pmmde for such compensation and insurance. Before any of den Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaer with a certifimm that such compensation and insurance have been provided. Such cmaificam, shall specify the date when such compensation and insurance hme been provided. Such certificates shall specify the dale when such compenwtion and insurance expires. The Seller agrees that such compensation and finance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and ludo lity for any and all damage, loss or injury ofany 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. Ile Seller will indemnify and hold harmless the Purchaser and any r all Of the Purchasm apices. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or inducer, and whether to persons or Tragedy to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or def ult on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Pumhawq or its officers, 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense themuf and to defend the same at the Sellers own expose, to pay any and all cars, charges, momeys fees and other expenses, any and all judgmeas that may be incurred by or obtained against the purchases or any of its in their .ricers, agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofhhe purchases, or said parties in or as a result of such suits or other pmceNings, the Seller will at once cause the same to he dissolved and discharged by giving bond in otherwise. The Seller and his contractors shall take all safety precautions, fumuh and hstall all guards necessary for the prevention of modems, comply word, at laws and mgulations with regard to mull including, but without limitation, the Occupational Safety and Health An of 1970 and all rules and regulation issued pursuant therein. Revised o](_a014