HomeMy WebLinkAbout129203 MARK YOUNG CONSTRUCTION INC - PURCHASE ORDER - 2207049Date: 12/18/02
City of Fort Collins
Page Nu 1
City of Fort Collins
Purchase Order Number: 2207049
Delivery Date: 10/03/02 Buyer: DICK,OPAL
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
[W-73
Line Qty/Units Description Extended Price
6 1lot C.O. #4 2,960.00
Total
a Ily VT ror[ b m uirecror or r'urcnasmg and RISK management
This order is alid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580
Phone: 970-221.6776 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us
2,960.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
t - GI r. str.It rIr a,
1. COMMERCIAL DETAILS.
Invoice Address. To ensure prompt Payment mail invoices in duplicate to:
City of Fort Collins Accoanong Division
PO. Box 590
Fart Collins, CO 90522
Tax exemptions. By statute the City of Pon Collins is worept from area and local taxes. Our Exemption Number
is 9"502. Federal Excise Tm Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REIEC fRD due to failure to men specifications, either when shipped ff due to defata
of damage in trash, may be returned to you for credit and are ma to be replaced ... It upon.61, of written
insovctims from the City of Fiat Collins.
Importance. GOODS an subject to the City of Pre Collins inspection on arrival.
Fine Acceptance. Receipt offfe merchandise, services a equipment in response to this order cases matt in suMoozed
payment an the pen of the City of Fat Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Term. Shipments must be F.O.B., City of Pon Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise apecificd onNis order Ifpe n imim is givm to Prepay freight and charge sepaasly, the ooginal freight
bill most accompuny invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where marufturas have distributing points in various pens of the country, shipment is
expected from the carer distribution Point to desonaion, and excess freight will be, deducted from Invoice when
shipments are made from greaten distance.
Permits, Sella shall procure a sellm sole cost all memory penis, certificates aid licenses required by all
applicable laws, regulations, Ordinances and rules of the acre, municipality, territory or political subdivision where
the wok is performed, or required by my other duly command public authority havingjunsu ction over the work
of condor. Sella further s ace to hold the City of Fort Collins harm. from and against ell liability end Icss
incurred by doom by ream of an msened or established violation of my such laws, regulations, ordinances, mlm
and requirements.
Audooriranon. All ponies to this contract spun, the the representatives are, in fact, Who fide ad possess full and
complete mmonry to bind said parties.
LWTATION OF TERMS, This Purchase Order openly limits acceptance to the ream and conditions meted
herein set funds and my supplementary or additional lams and conditions armored beret. or incoporatd basin by
reference. Any additional or diffamt hems and conditions poposed by seller are objectai to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou anent make complete shipment to amve m your
ponied delivery date as noted Time is of the csaeace. Delivery and perfomsence most be effected within the time
stated on me purchase order and the documents allached hereto. No acts of the Pumhmm including, without
limi m,acceptataeofpartiallatedelivam,shallopaomemawuivaofthispovisim. Intheeventofmydelay,
the Purchaser shall have, in addition to Men legal and equitable remedies, the option of plating this coda elsewhere
and holding the Sella liable for damages, However, doe Sella shall nor be liable for damages as a It of delays
due 0 cause, not tessumbly foreseeable which an beyond its reasonable control ad with=[ its fault ofnegligma,
such acs of God, was of civil in military authorifim, governmental priootics, fires, motion, food, epidemic, was
a oar Provided that notice afore conditions causing such delay is given in the Purchaser within five (5) days of the
time when the Sella firm received knowledge thereof In the .,at of my each delay, the date of delivery shall be
nwwkd for the period equal to the time actually Imt by reason of me delay.
3. WARRANTY.
The Sella warmvs that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, sample aW/a other desaiptias givm will be fit for the lamprey intended, ad pa m med
with the highest degree of arc and competence in azcordvrce with accepted stmdards fen work of a similar rmure.
The Sella agree an bold the purchaser harmless fran my loss, damage or expmx which the Purchaser may suffer
or incur an account Oftlre Sell. breach of warmty. The Sella shall replace. Wan in make good, without cost to
the purchaser, say defa-s or faults arising within one (1) year or within such longer period of time as may be
pescrihed by law or by the toms of my applicable warmry provided by the Sella nor the done of aaMan. of
doe goods furnished bereundor (accepeonce, net to be wrcawmbly delayed), resulting from imperfect in defective
wak done a materials fumishd by me Sella. Acceptance or use of goads by the Purchaa shall not conefimte a
waver of my Haim under this warranty. Except as otherwise provided in this Purchase order, the Sellers liability
heramda shall atmd in all damages proximally caused by the bunch of my of the foregoing w=anties or
garmtem, but such liability shall in an event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Pmchaso may make charges to legal hems by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchases may make my change to the teem, other than legal tams, including additions to in deletions from
the qmention originally Ordered in the specification, Or drawings, by verbal Or written change order. If my such
change affas the anounue t dor the time ofperformma he
reunder, a equitable adjutmmt shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change coder, taminae this sgrttment an in my or WI portions of the
goods men am shipped, subject to my equitable adjmmrcn, between me Parties. to my were Or mafas then in
pop. Provided mat the Purchases shall not be liable fee my claims for anticipated profits can the =completed
pmion ofthe good, and/or work, for iaedame or conceptional damages, and that no such adjmtrnrnt be mode in
favor of die Sella with respect to my goods which an the Sell. standerd amok. No such temenation shall relieve
the Pe rch om ff me Sella of my of their obligation a to my goods delivered hereunder.
T CLAIMS FOR AD3USThffiNT.
Any claim for djustrnert rearm be assured within thirty (30) days from the date the change or termimtion is ordered.
R COMPLIANCE WITH LAW,
The Sella wenans thin all goods sold heramder shall have been produced sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject, The Sella shall execute and
deliver such documents as may be required m off= or avidmce compliance. All laws and regal itione required to
be incommatrd in npumms of this chumen r am hereby inempmaed herein by this reference. The Sella agrm
to indemnify and hold the Purhhmer hmNevs from all tens and damage suffered by the Purchaser as a result of
the Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall map, member, Or worry this order, a my monies due or to become due hereunder without the
prior written consent of me offer party.
10. TITLE.
The Sella warrants fell, clear and unrestricted tide to the Purchaser for all equipmm4 materials, anal it. furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, sweaty interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Pardoner to insist upon strict performance of to terms and conditions honed, flare a delay to
exercise any rights Or remedies Provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment fen goods hereunder or approval of the design, shell nun release the Sella of
any of the warrunfice a obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance he of in my of its rights or remedies are to my such goods, regardless
of when shipped, received or accepted, as to my Poor Or subsequent default becounda, we shall my purported sal
modification or rescission of this purchase coda by the Purchaser operate as a waiver of my of the team hereof
12. ASSIGNMENT OF ANTITRUST CIARNS.
Sella and the Purchaser recognize that in actual economic practice, ov.harga resulting from mftttst violations
are in fact bonne by the Purchaser Thactefine,f good worn and in comecmtionf exautlng the percLme order,
the Sella hereby maps to the Pardoner any and all claims it may now, have or hereafter acquire =der federal a
state antitrust laws for such overchaga relating to me particular goods or services parchment or acquired by the
Purchases pursuant to this purchme Order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to earnest nonconforming or defective .it, by is dome to be agreed upon by the
Purchaser ad the Sella, and the Seller thereafter indicates is inability or unwillingness to comply, the Putchnsa
may cause the work to be performed by me mat expeditious moms available to it, and the Sella shall pay all cases
awaiated with such work.
The Sella shall release the Purchases and is contractors of my tier from all liability and claims of my no =
resulting from the performance of such work.
This release shall apply even in the event of fault ofnegligence of the party released are shall mail to the direction,
officers and employes of such parry.
The Sellers emnnnural obligations, including wmmt,, shall net he downed m be reined, in my way, became such
work is performed ff caused to be performed by the Purchase.
14. PATENTS.
Whenever the Sella is required to use my design, device, material or process coved by Inver, patent, tradenurk
Or copyright, the Sella shall indemnify and am homers the Purchaser from my and all claims fa infringement
by reason of the use of such patented design, device material or process in connection with me warrant, and shall
indemnify the Purchma for my cost expense a damage which it may be obliged to pay by ream of such
intongument a my nee during the prosecution or after the completion of the work. In cone said equipment, or my
pat thereof or the intended use of the goods, is in such suit held in constitute infringement and the use of said
equipment a pm is enjoined, me Seller shall, a its own expense and a its option, either pocutc fee the Purchaser
the right in continue using said equipment a pas, replace the mane with substantially equal but non-infonging
equipment, or modify it so it becomes non -infringing.
15. INSOLVENCY.
Uffe Sella shall become insolvent Or bandrupt, make an assignment for the benefit oferedimrs, appoint a salver
ff truace formy of the Sellers property a business, this orderthey forthwith be cement by the Pastime without
liability.
I6. GOVERNINGLAW.
The definioffl of hems used b the , brown
oOf me to ne apeemrnt and the nghs of all pave haander shell be
construed undo and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in =a where the Sella is to perform work haeunder, including
the services of Sellers RePresmtaive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall cony on said work at Sellers own oak until the none is fully completed and accepted, and shall, in
case of my accident, destruction or injury to the work =d/ff wastes before Sella''s final completion and
accgstance, complete the work at Sepals men apense and to the saosfaction of the Purchases. When materials and
equipment are famished by others fff installation in maim by the Sella, the Sella shall receive, unload, more and
handle some at the site and become responsible therefor a though such materials and/or equipment was being
Furnished by me Seller unda the order.
18. INSURANCE.
The Seller abet, at his own expense, provide fa the payment of workers compensation, including compaional
disuse benefits, to is employees mrpl.yce on or in mmmection with the work wvoted by this purchase order, and/or
to their dependens in accordance with the laws of the stare in which the work is to be done. The Sella shall also
arty comprehensive general liability including but not limited to, contractual and automobile public liability
insmarce with bodily injury and dean limits of a Imes 530g000 for my me person, $5W,000 fm my one accident
and property damage limit per accident of 5400,000. The Sella she] likewise require his contracmm, if my, to
Provide for such compensation and announce. Before my of the Sellers or his contractors employ= shall do my
work upon the premiss of doh., the Sella mall few ish the Purchaor with a catifrcate the such compencr im and
insurance have been Provided. Such cedfatea shall specify the date when such compensation and imamon have
been provided, Such catifieata she] specify the date when such compemation and insurance expires. The Sella
apace that such compensation and insurance shall be maintained until after the more wait is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the moire responsibility and liability for my and all damage, lose Or injury of my kind
or nature whamever to p.ons or property caused by or resulting from the execution of me work pavidd for in
this purchase order or in ...rim herewith. The Sella will indemnify, and hold bmtms the Purebaa and my
in all of the Purchzs. officers, Opens and employees from and against my and all claims, Iona, damages, charges
Or expenses, whether direct or ndr<ct, and whether to p.ons Or property to which me Purchases may be put or
subject by rcaon of my set action, neglect, omission or delimit on the pan of the Sella, my of his contract., or
my of the Sellers or contractor offrcas, agents ff employees. In cse any suit or other proceedings shall be brought
against the Purchaser, ff is offic., agents or employees at my time on account or by ream of my m4 action,
neglect, .minim or default of the Sella of my of his conbactom in my of is a their officers, spur ff employees
a aforesaid, the Sella hereby aprons to assume me deface thereof and to defend the some at the Sellers own
expense, to pay my and all costs, charges, atramrys fees and other expense, my and all judgments non may be
incurred by or obtained agmrse me Purchaser Or my aib or their officers, agents or employees in such, suits on other
proccennp, and in cave judgment or other lion be placed upon or obtained against the property of the Purchaser,
or said parties in or as a result of such .in a other proceedings, the Sella will a once cause the same to be
dissolved and discharged by giving bond or Otherwise. The Sella and his camacmrs shall take all safety precmtions,
famish and install all guards necessary for the prevention of mcidrnts, comply with all laws and ox,donom with
regard to safety including, but without limitation, the Comminml Safety and Health Act of 1970 and all elm and
regulations issued pmauunt Nero..
Revised 11/9