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HomeMy WebLinkAbout110150 CATHOLIC CHARITIES NORTHERN - PURCHASE ORDER - 9146728Fort Collins PURCHASE ORDER Date: 1111812014 Vendor: 110150 CATHOLIC CHARITIES NORTHERN ARCHDIOCESE OF DENVER 4045 PECOS ST DENVER CO 80211 PO Number Page 9146728 1uf2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I FY14 CC Shelter as contracted on 9/19114 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 40,000.00 Total $40,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute Nr, City of Fort Collin is exempt form spite and local lazes. Our Exemption Number is 11. NONWAIVER. 98-04502. FNeral Excise Tax Exemption Cenifeme, of Registry 84-6000587 is registered with rise Collector of Failure of the Purchases to insist upon strict performance of the terms and cend0om hereof, failure or delay ro Interest Revenue, Denver, Colorado (Ralf Caloredo Resists Sonnets 1973. Chapter 39-26.114 (a). exaciu any rights m rnnedies provded herein or by law, failure 10 promptly party the Sella in fe went of is breach, the acceptance ofor 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 a defects of any of the war is a obligation of this purchase order and shall nor be deemal a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor, any of its nghts or remedies as n any such goo&, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tames Inspection. GOODS are subject to the City of F'on Collins inspection an arrival. hereof. Final Acceptance. Receipt of the ...handae, services or ryuipment in mparew to Nis order can mutr in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of Ne City of Fort Collins. Howeva, it is to be, understood that Ff 1AL Seller and the Purchaser recognize that in serum commode practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures. violations are in fact home by the Purchaser. Theretofore, fonr good cause and a, consideration for executing this purchase order, the Seller hereby msigns in the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Calbas, 700 Wood St., Fan Collins, CO 80522. uaess acquired under federal or sure antitrust laws for such overcharge relating to the particular goads or services otherwise specified on this order. If permission is given to prepay freight and charge sepamrely, the original freight purchased or impaired by the Purcbmff paramount to this purchase order. bill must accor—Immim. Additional dramas far parkin¢ will Out be accented. Shipment Distance. Where mznufmNrers have distributing Points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pemba. Seller shall prawe at sellers sole cost all necessary permits, cerofiwta and licemes required by all applicable Ions, regulation, ordinances and rules of the state, municipality, territory or political subdivision where Ne work is psamor al, or mounted by any other duly constimRd public authority having jurisdiction over the work Of vendor. Sella further agrees to hold the City of Fort Collins he—]., from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Auth mbration. All parties to this contract agree that the repnesenartivm am, in ndeL boor+ fide and possess full and complete authority 10 bind said Mania. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sound herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diBbrenuemes and conditions proposal by seller are objected to and hereby mjamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date is, noted. Time is of the aspect. Delivery and performance most be effected within the time stated on the purchase order and the documents attached Inman. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opemo as . waiver of this provision. in the event army delay, the PurcInmer shall have, in addition to other legal and ryuioble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to mutts Out reawnably foreseeable which are beyond its seasonable cmpwl and whims, its fault of negligence, such ins orGod, acts ofeml err military authorities, gov..[pnonties,f s, arm, flood, epidemics. warsm hors provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far the period equal to the time morally last by ream. ofthe delay. 3. WARRANTY. The Seller warrants dead all good, srticla, mmm b and wok covered by this order will of. with ¢,liable drawings, sp xifcstiom, .,..,plm andlor other da nquom given, will be fit for the purposes intended, and perforenal with the highen degree of are and compeontt in accordance with accepted mandands for work of a similar nature. The Seller agrees an, hold the purchaser harmless from any loss, damage or expense which the Purchmer may suffer or incur on account of the Sellers breach of womanly. The Seller shall replace, repair or make good, without coat to flue purchamr, any defects or fnuhs arising within one (1) year or within such longer period of time as may be, proscribed by law or by the arms ofmy applicable warranty provided by the Sella after the dine of acceptance of the good Summand havander (acceptance not to be umemonabty delayed), resulting from imperfect or defective work done or materials f fished by the Seller. Acceptance or nu of goads by the Purchmer shall not comtimm a waiver of any claim under Nis warranty. Except as otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend to all damages proximerely caused by the breach of any of the foregoing warranties or parmaees, but such liability shall in no event include 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 Purchasff may make changes 1n legal in. by wnnen change other 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the from. other than legal terms, including additions to or deletions from the quantities originally ordered in me specifications or drawings, by verbal or women change order. If nay such change afects the amount due in, the time ofperfarm. hereunder, un equitable adbu tment shall he made. 6. TERMINATIONS. The Purchaser may at any time by women change oNa, terminate this agreement m m any or all portion of the goods then not shipped, subject to any equitable ndjumment between the parties as to any work or materials then in progress provided Nat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods ani wok, for incidental or comequrmial damage, and that no such adjmtment be made in favor of the Seller with respect to any good which are the Sellers farmland stack. No such term matian shall relieve Ne Purchaser of the Sella ofmy Of their Obligations to to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim Thar adjustment mcar be asserted within fifty (3o) days from the dare the change m termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been pordueed, sold, delivered and fished in strict compliance with at applicable laws and regulations to which the good are subject. The Sella shall execute and deliver such documenta m may be requited no effect or evidence compliance. All laws and regulation required to be nvaTanmed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all come and damages suffered by the Purchaser as a result of the Sellers failure 1. comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey Nis order, or any mania due or to become due hereunder without Ne prior wriven eminent of thr other party. IRTITLE. The Sella affun is full, clear and m re tread title to the Purchaser far all equipment, materials. and ran. fi ishal iv pffformance of Nis agreement, free anal else of any and all liens, mtrictions, reservations, secunry intent amtunbrapaes and claims mfodurs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a door to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to f performed by the most expeditious means available to it, and Ne Sella shall pay all casts woureiaed with such work. The Sella shall relmu the Purchaser and its contractors of any tiff from all liability and claims of any nature resulting from fle performance ofsuch work. This release shall apply can in the event of fault of negligmce of Ne party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligation, including numaaty, stall not be droned to be rNuced, in sty may, because such work is preformed or cmi to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser form any and all claims for infringement by iffarem of the use of such patented design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cm4 arpeme or damage which it may be obliged to pay by reason ofsuch infrngement at any time during flee prosecution or after rise completion of the wok. In case said equipment, or any pan thereof or the intended use of On, good, 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 and at its option, either procure for the Purclnsser the right to continue ming said equipment or pans, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes noulnfHnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the bmefrr of redinrs, appoint a parive, or trustee for any of the Sellers property or barfam s, Nis other may forthwith be canceled by Ne Purchmer without liability. 16. GOVERNING LAW. The definidom of team mod or On, interpretation of the agreement and the rights of all pmrties hereunder shall be amounted under and govcmed by the loss ofibe Stare ofColorend, USA. The following Additional Condition apply only in cases where Its, Seller is To perform work hereunder, including the services of5ellm Represcmmmad, on the premiss of ohers. IZ SELLERS RESPONSIBILITY. The Sella shall carry on vad work at Seller's owes risk ,if the same is fully completed and accepted, end shall, in rose of any accident, destruction or injury to the work aMfor mmeriaB bet Seller's Real completion and acceptance, complete the work at Seller's own expertise and to the satisfaction of the Purchaser. Wben materials and equipment are famished by others for installation or erection by the Sella, Ne Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials and/or equipment off, being famished by the Seller under the order. 18. INSURANCE. The Sella shall, a, his oxen expense, provide for dw WM.t of workers compensation, including ocenpauooal disease benefits, to its employees employed an or in connection with the work covered by Nis purchase order, and/or to their dependents in accordance with tire laws of the state in which the work is TO be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent S300,000 for any one person. S500,000 for any na accident and property damage limit per accident of S400,000. The Seller slash likewise squire his contractors, if any, to provide for such compensation and insurance, Before any of the Sellers or his computers employees shall do any work upon the premises of afic ,the Seller shall famish the Purcbaser with a certifwte that such compensation and insurance have been provided. Such cetrficams shall specify the date what such compensation and insurance have been pmvided. Such antitheses shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS A" DAMAGES. The Sella hereby mvumff lie entire responsibility aod liability for any and all damage, loss or injury ofany kind or nature whmsowerto person or property caused by or resulting( the execution nfhe wok provided for in this purchase order or in connection herewith. The Sella will Indemnify and hold ham the Purchmer and any r all of Ne Purchasers officers, agents and employees form and against any and all claims, losses damages, charges or expemes, whether direct or indirect, and whether to person or property to which the Purchaser may Ins, put or subject by reason of ivy act action, neglect, omission or default on the Marl of the Sella, any of his contractors, or any of dtr Sellers or contractors officers, agents or employees. in coo, any suit or other proceedings shall be brought armor, the Purchaur, or its officers, agent or employees at any time an ..of or by prawn of any act, action, neglect, omission or default of the Sella 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 thereof and to defend the same at the Sellers own expense to pay any and all costs, charges, attorneys fees and other expenses, any end al judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and m case judgment or other lien be placed upon or abandoned against the pmpmy, order Purchzur, or said porous in or as a mull ofsuch mils or other pmceeiinpy, fife Sella will st once muse the tame n be, dissolved and diuhalged by giving hood or otherwise. The Seller and his contractors shall sake all safety precaution, fish and install all gumds necessary for the prevention of accidents, comply with all laws and regulations with pi in safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant th umn, Revised 0i 14