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HomeMy WebLinkAbout493199 THE VILLAGES LTD - PURCHASE ORDER - 9147054of Fort Collins Date: 12/02/2014 Vendor: 493199 THE VILLAGES LTD 1715 W MOUNTAIN AVE FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9147054 1of3 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: 12/02/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I FY14 Villages on Matuka Housin 1 LOT LS 61,245.00 g Rehab contracted 11/13/14 2 FY14 Villages on Matuka Housin 1 LOT LS 250,000.00 g Rehab contracted 11/13/14 3 FY14 Villages on Matuka Housin 1 LOT LS 46,250.00 g Rehab contracted 11/13/14 4 FY14 Villages on Matuka Housin 1 LOT LS 22,505.00 g Rehab contracted 11/13/14 Yi�i�. Ail 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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 PO Number Page 9147054 2of3 This number must appear on all invoices, packing sli s and labels. 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 3 of 3 1. COMMERCDM,DETAILS. Tax exemptions, By stage, the City of Fort Collies is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with Me Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sugus 1973, Chapter 39-26,114 (a). Goods Rcjeded. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are nut m be replaced except upon receipt of written transactions from the City of Fort Collins. Inspection. GOODS are subject to the City of For Collin correction on miss. Final Acceptance. Receipt of the merchandise, services or equipment in papoose to Nis order can result in authorized payment on the part of the Ciry of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.Oe., City of Fort Collins, 100 Wood SL, Fort Collin, CO 80522, unless otherwise specified on this order. Ifpardissitn is given c prepay freight and charge separately, Me ongirm freight bill mesa accompany invoice. Additional charges for packing will not be mceptd. Shipment Distance. Where manufacturers have distributing points in varmus pans of the country, shipment is expected from the nearest distribution point to dispassion aad excess freight will be de imled Gom Invoice when shipments are made farm greater distance. Permits. Seller shall procvrt at sellers sole cost all naeswry permits, renifcata and licences required by all applicable laws, carnations, ordinnces and rates of Me spate, municipality, century m Political subdivision where the work is performed, or required by any other duly combated public authority having jurisdickors over the work of vendor. Seller brother agrees to hold the City of Fort Collins harmless Qom and against all liability and loss andont by them by reason of an com ed or camblishd , violation of any such laws, regulations, mraccom rules requirements. Autlmrization. All paria to Met .1. agree Nat Me representatives are, in fact, now fide and possess full and complete authority to bind said partite. LIMITATION OF TERMS, This Peorbone Order expressly limits acceptance m the to. and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller arc objected to and hereby reprised. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o mri on your promised delivery date as noted. Time u of the essence. Delivery and performance must be effected within the dime stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pci ial late delimnes, shall operate. a waiver oflhia provision. In the event priory delay, Me Purchaser shall have, in addition to other legal and equitable remalles, the option ofplaciog this order elsewhere and holding the Seller liable for damages. Houmcm, Me Sella shape not be liable for damages as a mull of delays due g tames act recmnabty faresreable which ate beyond its reasowble wnaral and without its fault ofneglimps, such acts official, acts ofeivil or military authorities, govemmenml priondes, fires, strikes, flood, cpidemin, wars or carts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the rend equal to the time avoally lost by reason of the delay. 3. WARRANTY. The Seller warnings Nat all good, articles, mannits and work covered by this order will conform with applicable drawings, specifications, sampla and/or other descriptions given, will be fit for the purposes intended, end perfomed 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 handless from any loss, damage or expense which Me Parches,, may suffer or incur on mcomat of fe Sellers breach of warranty. The Seller shall replace, repair or make god, without cot to me purchaser, any defers or faults prising within one (1) year or wihin such longer period of time as may be prescribed by law or by the temp army applicable was osq, provided by Me Sella after due date of acceptance of the good f ished hereunder (acceptance nos to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goals by Me Purchaser shape nor constitute a waiver of any claim under this wartion, Except as otherwise provided in this purchase order, the Sellers liability hereunder shell extend to all damages Pnationality caused by the breach of may of Me foregoing warranties or gmamnt,,s, but such liability shag in no event include loss of grafts in loss of oe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Paribas,, may make any changes to Me tame, oMe, fan legal teen, including mdaion to or deletion from Me quamlties originally ordered in the sperifratioo m drawings, by verbal or written change order. If my such change affects Me amount due or me time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, aermimte this agreement its to any or all portions of the Pounds then not shipped, subject to any equitable adjustment between Me parties as to any work or materials Men in progress presided Mat the Pumhsser sliall mat be liable fro any claims or anticipated points on the uncompleted Fort of the goods and/or work, for mcidenlal or coa¢equential damages, and that an such ndjntntent be made in favor of the Seller with respect to any goods which art Me Sellers standard stock. No such ¢mriation shall relieve the Purchaser or Me Seller ofamy oftheir obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asseautl within ddrty, (30) days from Me date the change or metrication is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shape pave been Implanted, sold, delivered and furnished in strum compliance with all applicable paws and regululiam to which the goods are subject. The Seller shall execute and deliver such documents m may be required to effect in evidence compliance. All laws and regulations required to be ncorpontd in agreements of this character are hereby mempamted hereto by this reference. The Sella agrees to indemnify, and hold the Purchaser lupmlax from all costs and damages suRertd by the Purchaser m a result of to, Sell. failure g comply with men fro. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 1 IF TITLE. The Sella warrants full, clear and unrestricted title g Me Purchaser for all equipment, materials, and items famished n performance of this agreement, free and clear of any and all lien, restrictions, reservations, severity interest meomb manes and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the now and conditions hereof, farTme in delay to any rights or remedies Provided herein or by law, failure a promptly matiry the Seller in the event turn breach, the acceptance arm payment for goods hereunder or approval oftbe design, shall not release the Seller of any of the warranties or obligations of this purchase ord,, and shall not be deemed a waiver of any right of the purchaser to insist upon sect pepfommnce hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, ex to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of Me ler s hesedE IS. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, os'embarga resulting test antitrust violations are in fact bum, by the Purchase,. Theremfsm, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to Me Purchaser any and all claims it may now have or hereafter acquired under mount or stag at,., laws fro such oveaharges relating m the particular goods or aervlces purchased or acquired by the Purchaser pursuant is, this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, end the Seller Mereafter indicates its inability or unwillingness to comply, Me Purchaser may rouse Me work to be performed by the most expedition means available to it, and Me Seller shall pay all cots associated with such work. The Seller shall release the Purchaser and its connection of any tier from all liability and claims of any nature nulling from Ne performance fsuch weak. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employers ofsuch putty. The Sellers coatmctual obligation, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caned to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use any drMka, device, rreterial or prove. coverd by letter, patent, bedepack or copyright, Me Seller shall indemnify and save harmless Me Purchaser tram any and all claims for minuteman by reason of Me use of such lammed design, sieves, mataid ea process in an m mica with Me ... and shall indemnify the Purchaser for any cost, expanse or damage which it maybe obliged to Pay by reason of such infringement at any time during Me prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to coaslimte infringement and the we of said equipment or part is cultural, the Seller skull, at its own expense and an its option, either procure for the Purchaser Me right to continue using said equipment or parts, replace the same with substantially equal but roninfdnging equipment, or modify it as it becomes monolingual. olingual. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a reeeiver a trustee 1'or any of the Sellers pmpmy or business, this order may foMwAlt be canceld by the Purchaser without liability. 16. GOVERNING LAW. The definition of terms used Or the interpretation ofthe agreement and the rights pf all partia hereunder shall be conducted under and governed by the laws of the State ofColonde, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers Representztive(s), on Me premises ofofers. ❑. SELLERS RESPONSIBILITY. The Seller shall in" on said work at Sellers own risk until the same is fully completed and mcepaal, and shall, in u of any accident, destruction or injury to Me work and/or materials before Sellers fact completion and acceptance, complete the work or ScRa's own expense and to the satisfaction of Me Purchaser. When materials and equipment arc famished by others for installation or erection by fe Seller, the Seller shall receive, unli ad, stare and handle since at Me site and become responsible therefor as though such materials and/or equipment were being fiwished by Me Seller tender Me order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compeoaion, including mematiori disease benefits, to its employees employed on or in connection with the work covered by this pipeline order, and/or to their dependents in accordance with Me laws of the spate in which the work is to be done. The Seller shall also carry eompteheoive general liability including, but not limited In. mnbacgal and automobile public liability incomes, with bodily injury, and death limits of at lent $300,000 for any. person. S500,IM10 for any one accident end prom, damage limit par accident of S400,000. The Seller sharp likewise require his comments, if my, to provide for such compensation and iounue. Before any of the Sellers or his mntmdars employees shall do any work upon the premises obothers, the Seller shall handsome Purchaser wish a certificate that such compensation and insurance have been provided. Such certificates shag specify the dare when such compensation and insurance have been provided. Such certificates shag specify Me dme when such compensation and insurance expire. The Seller agrees That such compensation and improper their be maintained until i fce the entire work is complaed and accepted. 19. PROTECTION AGAINST ACCIDENLS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss Or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of Me work provided for in this purchase order Or In connection foramina. The Sella will indemnify and hold hornless the Purchaser and my r all of the Purthasm o yment, gages and employees from and against any and all claims, losses, damages, charges or expenses. whether direca or indirect, and whether to person or proper, g which the Purchaser may be put in subject by reason of any act, action, neglect omission or default on Me pan of the Seller, my or his ammeters, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shape be brought against the Purchaser. or its effects, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of Me Seller of my of his contractors or my Of its or Met, mfcm, agents or employees as aforesaid fe Seller hereby agree to assume Me &ft. Manor and to defend she same at flue Sellers own expense, to pay any and all cow, charge, atampeys fees send aMet expenses, my and all judgmene, slat may be incurred by or obtained against Me Purchaser or any of its or these officers, agents or employees in men suits or ofer proceedings, and in case judgment m office lien be placed upon or obtained against the pmpary offe Purchase,, or said panics in or. a result ofsuch suits or other proceedings, the Sella air at once manse Me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shag take all safely precaution, furnish and insfll all guards n,,eaery for Me prevention of accideoas, comply with all pious and regulations with regard to safety including, but Wilmer Iim Wion, Me Occupational Safety and Heaped Act of 1970 must all into and regulation issued pursumt therec. Revised 07=4