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HomeMy WebLinkAbout124699 WINTER & COMPANY - PURCHASE ORDER - 9147663Fort Collins Date: 12/29/2014 f Vendor: 124699 WINTER & COMPANY 1265 YELLOW PINE AVE BOULDER CO 80304 PURCHASE ORDER PO Number Page 9147663 1of3 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 Delivery Date: 12/29/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price t Old town Neighborhood Design 1 LOT LS 17,000.00 (from DAP) per terms and conditions of bid 8028 z Old town Neighborhood Design 1 LOT LS 15,000.00 (from Dev Rev) s Old town Neighborhood Design 1 LOT LS 9,428.00 (from HP Demo/At) 4 Old town Neighborhood Design 1 LOT LS 6,707.50 (from HP) 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:purchasingo@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 PO Number Page 9147663 2013 This number must appear on all invoices, packing sli s and labels. Line Description Quanntity UOM Unit Price Extended 5 Old town Neighborhood Design Req 49015 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@fogov.com 1 LOT EA 12,309.50 Total 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. COMMERCAM, DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 11. NONWAIVER. 98 04502 Federal Excise Tax Exemption Certificate of Registry 84-6W0589 is registered with the Collector of Failure of the Peachron to insist upon strict perf cumso, of the terms and conditions hereof, fihor of delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor Payment for goads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned m year for credit and are not a be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as in any such goods, regardless instructions from the City affair Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported 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 Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchawl services or equipment in response to this ceder can tewlt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL u Seller and the Purchaser recognize that in actual ec Ic practice, o cmhargce resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for gocd cause and as consideration for executing this pand ase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Termer Shipments must be P.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this purhhase order. bill must accompany invoice. Additional dowries for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufeature. have distributing points in various parts of the country, shipment is If the Purchaser three, the Sells to forted nonconforming or defective gooda by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchasw and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the stare, 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 incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, sales and requirements. Authorization. All parties to this contract agree that the reprexntatiam ere, in fact. bow tide and posses full end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the km, and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date or noted Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts ofthe Productive; including, without limitation, acceptance of partial late deliveries, shall open¢ as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition ro 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 result of delays due to a.., not do mwbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, any ofcivil or military authorities, govemmmul priorities, fires, strikes, flood, epidemics, wars or riots provided that notice ofthe conditions causing mch delay is given to the Purchaser within five (5) days offal time when the Seller brst received knowledge dM1ereof In the event offer, such delay, the date of delivery shall be extended for the period equal to the time annually lost by mason of the delay. 3. WARRANTY. The Seller wa d cts that all goods, articles, materials and work covered by this order will deffomn with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sundards for weds of a inilar wmre The Seller agrees to hold the purchaser harmless ftom any loss, damage or expense which the Purchaser may suffer or item on account of the Sellers breach of warranty. The Seller shall replace, repait or make good, without cost to the purchaw, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law, or by the terms of any applicable warmly provided by the Seller ads the date of acceptance of the goods Bimished hereunder (acceptance not to be unreasowbly delayed), insulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this warri Except as otherwise prm'ided in this purchase Dade, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'armnties or guarantees, but such liability shall in nr event include lass of prefix or loss 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 term, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletiorrs tram the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpedormanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may d any time by wrhnen change order, terminate this agreement m to any ar all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmyrexs provided thal the Purchaser shall not be liable for any claims for antdpamd mi as the uncompleted portion of the goods and/or work, for incidental m consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheh obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be exerted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goads sold hereunder sM1all have been produced, sold, delivered and famished in w icr compliance with all applicable laws and regulations to which the goods are subject. The Seller shell execute cod deliver such documents as may be required to effect or evidence compliance. All laws and regulations required a be incorporated in agreemenk of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser 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 the prior wruen consent of the other pony. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, fire, and clear of any and all lies, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pefformame of such work. This release shall apply even in the event of fault of negligence of the party released and shell extend to the directors, oRwrs mad employees ofsuch party. The Shcefs contractual obligations, including warranty, shall not be deemed to be reduced, is any wary, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark r copyright, the Seller shall indemnify and save laird era the Purchaser from any and all claims for infringement by reamn of the use of such patented design, device, material art process in Imiscrloa with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute iufringemem and the use of said equipment or pan is enjoined, the Sells shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfinwing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fanhwilh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of corms used or the interpretation ofthe agreement sort the rights clog pries hereunder shall be construed under sod Kovemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work bereunde, including the services of Sellem Represenaginds), on the premises of other. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk .,it the time is Billy completed and accepted, and shall, in u of any accident, destruction or injury to the work andor materials before Seller's final completion and acceptance. complete the work at Seller's 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, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under foe order. 18. INSURANCE. The Seller shall, at his own expense, provide for Ore payment of workers comprnsation, including occupational disease benefits, to its employees employed on or in connection with the work coveted by this pmchae order, tanker to their dependents in accordance with the laws of the state in which Ore work is to be done. The Seller shell also carry compmhenslve general liability including, but not limited to, coutnctwl and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one person, 5500,000 for coy one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall banish the Purchaser with a certificate that such compensation and insurance have been provided. Such eemifieams shall specify time date when such compensation and insurance have been provided. Such certificates 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 AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all dardage, loss or injury crony kind or nature whatsoever m persons or property, caused by or resulting from the execution ofthe work provided for in this pmchice order or in connection herewith The Seller will indemnify and hold harmless the Perelman and any r all of the Purchases officers, agents and employees from and against any and all claims, losses, damage,, charges or expenses, whether direct or indirect, and whether to person, or property to which the Purchaser may be Put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or connectors officers, agents or employees. In case any suit or other proceedings shall be brought against the Tarchas, or its officers, agents of employees at any time on account in by reason of my act. ectoa, neglect, omission or default of the Seller of any of his contractor or any of its in their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Seller own expense, ro pay any and all cos,, charges, attorneys fees anJ he, expenses, any and all 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 frossedia,, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other pwasaft rigs, the Seller will an once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and ianoll all ghurds necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 070014