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HomeMy WebLinkAbout458984 THE MATTHEWS HOUSE - PURCHASE ORDER - 9146887PO PURCHASE ORDER 914688er Page City, of PURCHASE 48887 1 of z Flirt Collins( his number must appear /�„!-\V`I V " 1 1 on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 458984 Ship To: CITY MANAGER THE MATTHEWS HOUSE CITY OF FORT COLLINS 415 Mason Court #1 300 LAPORTE AVE FORT COLLINS CO 80524 CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price i FY14 Empowering Youth Program 1 LOT LS 34,158.00 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.mm 158.00 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. COMMERCW.DETAIIS. Tax complaints, By statute be City of Fort Collins as exempt from state nd local taxes. Our Exemption Number u 11. NONWAIVER. , 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600(1587 is registered with the Colla m of Failure of the Furchnwr to mane upon inner perfoamance of the terms it conditions hereof, failure or delay no Internal Revenue, Denver, Colorado Hof. Colorado Revised Stamn o 1973, Chapter 39-26. 114 (a). exercise any nghm or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of -by of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in trmsil. may Its, renamed mo you for credit and are not o be replaced except upon receipt of women purchaser to insist upon strict performance hereofor any of is rights or remedies in to any such goods, regardless instructions from ff City of Fort Collin. of when shipped, received or accepted, as to any prior or subsequent default himunda, aver shall any purported not modification or rescission of this purchase order by the Purchase operate as a waiver of my of the terms Inspection. GOODS an subject o the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fon Collins. However, it is to M ttndersned slut FINAL Seller and the Purchaser recognm but in noel economic pmefiev, overcharges resulting from antitrust ACCEPTANCE is defending upon completion ofall applicable mluired inspection procedures. violations are in fuel home by the producer. Tbereofore, for goad cause and as corsidarrion for executing this purchase order, the Seller hereby assigns to the Purchases any and all claims it nay now have or hereafter Freight Terms, Shipments must be F.O.B., City of Pan Collins, 700 Wood Sr, Top Collins, CO 80522, unless acquired under federal or sole antitrust laws for such overcharges relating to the pmiader good or services otherwise spmilmd on this order. Upermission is given to prepay freight and charge wpvrmely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill most mcomnmv invoice. Aditioml comes for backing, will vet be accepted. Shipment Distance. Where manufecturers have distributing points in various pans of the country, shipment is expected from the nearest distribution on to deni=lion, and excess freight will be datumd f Invoice when shipments we made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pairs, certificates and licenses required by all applicable laws, regulations, ordinances end miles of the state, municipality, teriory or political subdivision where the work is Emotional or mryird by my other duly consfioted 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 incurred by them by rtnwn of as asserted or esu lothed violation of ony such laws, regulatios, ordinances, roles and requirements. Authorization. All panics to this contract agree that the repreunmtives are, in fact, bona fide and possess full and complete authority to bird said panic. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein sin forth and any supplementary m additional temp and conditions annexed hereto or incoryomled herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immaturely ifyou cannot make complete shipment to arrive on your promised delivery date in nord. Time is of the essence. Delivery and pert antt most be effected within the time rind tea he purchase order and the doeumems attached hereto. No acts of the Pumhssers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of any delay, die Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a math afd,l., due to causes not mawmbly foreseeable which ere beyond its reasonable cuod sit without its fault of negligence, such acts of God, acts of civil or military authorities, governmental pnonlies. fares. strike, flood, epidemics, rs waor riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller post received knowledge thereof. In the event of any such delay, be done of delivery shall be extended far fe paned equal to the time amply loll by reawn of du delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will canfoam with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted standard for work of a similar =cure. The Seller agrees to hold be purchavr hammless f any loss, damage or expense which the Pmebaser may suHa or incur on accoart of be Sellers bench of wmranty. The Seller shall replace, ratio, or make good, without cost to the pumbleev any defects or faults arising within one (1) Year or within such larger'mod of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller afer the date of cceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from impart t in, defective work done or materials modified by the Seller. Acceptance or me of goods by fie purchaser shall nor consume a waiver Of my claim under this warranty. Be,, as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by be branch of my of the foregoing warrr is or gumaoces, but such liability shall in no event include lass of pofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehaser may make change m legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to nhe terms, other than legal terms, including additions to or delaions from the quantities originally ordered in the specincatio= or drawings, by verbal or written change order If any such change affects the amount due or the time of pert once hereunder, an equitable adjustment shall be mode. &TERMINATIONS. The Purchaser may at any time by wren change order. terminate this agreement as to any or all ponio= of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fur anticipated profits on the uncompleted portion urge good and/or work, for incidental err consequential damages, and that era such djastmenm be made in favor of the Seller with raped to any good which art the Sellers staMard stock. No such temd=tion shall relieve the Purchasa ar be Seller of any oftheir obligations as to any goods delivered remainder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (3h) days from be date the change or lamination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and ne timiotss squired 10 be, incorporated in agreements of this eLomctar me hereby incorporated herein by this reference. The Seller agrees to idemany and hold the Purchases hamdew from ell cars ad damages auffered by the Pumbesser as a result of the Sellers failure to amply whh such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or an become due hereunda without he pear wren consent of the mha pity. 10. TITLE. The Sella warrants full, clear and unmanned title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, free and clear of any and all lieas, restrictions, reservations, secunry interest encumbmtmes and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchser dirms be Seller to comer nonconforming or defective goods by a daze to be, agreed upon by the Purchaser nit the Seller, and the Seller thereafter indicants its inability or unwillingness to comply, the Purchaser may cause the work to be palmonal by the most expeditious memo available n it, and the Seller shall pay all costs associated with such work. The Seller shall release be Purchaser and in comments of any tier from all liability and claims of any nature resulting tram the Fabrication, ofsuch work. This refuse shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall Out be dcemed to be reduced, in any way, because such work is perficanat or caused no be performed by the Purhosv. 14. PATENTS. Whenever the Seller is required n use any design, device, material or prover, covered by teller, patent, trademark or copyright, the Seller shall indemnify and save bamdess the Tambora from any and all claims far infringement by maws of the use of such patered design, device, material or process in cormection with the camran, and shall indemnify the Purchaser for any east, expense or damage which it may be obliged n pay by reason ofsuch infringement at any time during be prosecution or aha the wmpldon of be work. In was said equipmen, or any part therm( or the intended use of the good, is in such suit held to constitute infringement and be use of said equipment or pan is enjoined, the Seller shall, at its own expaew and at its option, either procure for the Purchaser the right to continue using said equipment or Trans. replace the same with substantially equal but noninGnging equipment, or modify it On it became eninfdnging. 15. INSOLVENCY. If the Sella shall become insolvent m bankrupt, make an assigmnent for the benefit of creditors, appoint a err trnsme for any of the Sellers property ar business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions affairs used or the interpretation ofthe agreement and be rights of all panic he ender shall be canoed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cares where the Seller is to perform wort hereunder, including the services of Sellers Reprtzenutive(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in use of any accident, destruction Or injury to fire work ondtor materials before Sellers face completion and acceptance, complete the work an Sellers own expense and to the satisfaction of the Purchsser. When materials and equipment are banished by others for installation or election by the Sella, the Seller shall recme, armed, store and handle same at the site and become responsible therefor as though such matmals and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Sella shall, to his own expense, provide for the payment of workers compensation, including occuprioal diserse benefits, to to employees employed on or in formation with th work covered by this purchase order, and/or to fair dependents in accordance with the laws of the state in which the walk is to be done. The Seller shall also carry comprehensive gene.] liability including, but not limited to, mntmchol and automobile public liability inwmnce wall bodily injury and deaf hunts of to least E3e0,0W for any one person, $500,000 for any one accident and property damage limit per accident of 5400,00 ). The Seller shall likewise require his baccourrours, if any, to provide far such compensation and insurance. Before any of be Sellers or his commetors employees shall do any work upon be pmnisex of others. bar Seller shall furnish the Forebears with a certificate that such compensation and insurance Love been provided. Such certificates shall specify be date when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compenwlion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until ORr the entire work o completed and wevo raL 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury fany kind or nature whatsoever to persons or property caused by or resulting from be execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and my r all of be Nicholas officers, agents and employees from and against any and all claims, lasses, damage, charges or expense, whether direct or indirect, and whether to persons or properry, re which the Purchaser rosy be put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, my of his contractors, or any of be Sellers or contractors officers, agents in employes. In case any suit or other proceedings shall be bought against the Purchase, or its officers, agents or employees at any time on account or by reawn 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 in aforesaid, the Sella hereby agree to assume be defense thereof and in defend the same at be Sellers own expense, to pay my ard all cart, charges, attorneys fees and other expense, any and all judgmmrs dam may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pocedings, and in case judgment Or other hen be placed upon or obtained against the property of the Putchaseq or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once ants= the same to M dissolved and disehargat by giving bond or otherwise. The Seller and has covuaerors shall Like all safety precautims, furvish and install all guard netwo ry far the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Inamorata. the Occupafioml Safety and Health Act of 1970 and all miles and mgulaboas issued pursumt thereto. Revised 07I2014