HomeMy WebLinkAbout113294 DRAHOTA CONSTRUCTION - PURCHASE ORDER - 2202361 (3)Date: 12/18/02
City of Fort Collins
Page Number: 1 of 1
City of Fort Collins
Purchase Order Number: 2202361
Delivery Date: 04/19/02 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
3 1 LOT ADDENDUM TO 2202361
PER CHANGE ORDER #2 FOR TRAFFIC OPERATIONS FACILITY
This order is rhdhalid 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.fort-collins.co.us
22,682.46
Total 22,682.46
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
1. COMMERCIAL DETAILS.
Invoice Address. To ensure prompt Payment mail invoices in duplicate to.
City of Fort Collins, Accounrint, Division
P.O. Box 580
Fret Collins, CO 80522
Tax exemptions. By statute the City of Fort Collins is exempt from maze and local taxes. Our Exemption Number
is 98-04502. Federal Excise Tax Exemption Catifscate of Registry 84-60h0587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defames
Of damage in transit may be taunted to Yon for credit and are not to be replaced except upon rmmpt of written
instructions from the City of Fiat Collins
Inspection. GOODS are subject to the City of Fiat Collins inspection an arrival.
Final Acorptance. Recelpt ofthe, maxhatdise, smices ia equipment in response in this order con result in undimmed
payment on the pan of the City of Fran Collins. However, it is to be understood Nat FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspeetim Procedures.
Freight Trans. Shipments most be P.O.B., City of Fort Collins, too Wood Sr, Port Collins, CO 80522, alas
slantwise specified on this order. Ifpromotion is given 10 prepay freight and charge sepaatclY, the original freight
bill mat a amr a y invent. Additional charges for packing will not bO accepted.
Shipment Dlssace. When manufacturers have distributing points in various pats of the country, shipment is
expected from the comas distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater dinance.
Permits. Sella shell precurt a alter In cast all necessary pemds, certificates and licemes required by all
applicable laws, regulations, tdinmces and mans ofthe state, municipality, territory or polifical subdivision where
the work is Warned. or required by my Oder duty coutiaed public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collier bmalas from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, odinances, rates
and ratummazits.
Authorization. All peries to this contract sting, Na the repaenmtiva arc, in fact, bona fide and poems full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order exV.sly limits acceptance to the torts and conditions stated
herein sec forth and my supplementary or additional tam and conditions annexed hereto or inco,mated herein by
refamts. Any additional or different team and conNtiors proposed by mho are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT InmmxJmoy if you cannot make complete shipment to move on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effaced within the time
sated an the purchase order and the documents attached hand. No acts of the Purchasers including, without
limitation, acceptance of partial lee deliveries, shall operate a a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of plating this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not bc liable for damages as a result of delays
due m causes rat reasonably foreseeable which ere beyond ins..able control and without its fault ofwgIigm-'
such as of God, rots of civil . military auNorifia, govemmenra Friction , fires, suites, flood, epidemics, ware
a riots provided flux nation of the conditions causing such delay is given to the Purchaser within five(5)days ofthe
time when the Sella fiat received knowledge thereof In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lox by reason of the delay.
3. WARRANTY.
The Sella warrmta that all goods. articles, materials and work covered by this orderwill conform with applicable
dwwm,, specificatios, sample mad/or other descriptions given, will Ix fit for the Purposes intended, and performed
with the highest degree of care and compaent in accordance wish accepted standards for work of a similar rmme.
The Sell. We. m hold the purchasa harmless from any tom, damage or mpeme which the Purchaa try suffer
or incur an =want ofthe Sellers beach of warranty. The Sella shill replace, repair or make good without cast to
the purchaser, any chats or facts arising within one (1) year or within such longor period of time m may be
prescribed by law or by the tams of my applicable warranty Provided by the Sella after the data of acceptance of
the goods famished Aaeander (ucapmnts not to be unreasonably delayed), resulting from imperfect or defective
work done or materials furnished by the Sella. Acceptance or we ofgwds by the Purchaser shall not cortttitute a
waiver of my claim under this warmly Except ss otherwise provided in this purchase order, the Seller liability
hereunder shall extend to all dining. pwximaely caned by me breach of my of the foregoing warranties or
guaantem, ben such liability shall in an event include tom of profits or lots of we NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal term by written change Order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser my make any changes to the tams, other then legal terms, including additiom to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affects the anmunt due or the time of performance hereunder, an equimble adjustment shall de made.
6. TERMINATIONS -
The Purchaser may at my time by written charge order, terminate this agreement in to my t all Famos, of the
good, that not shipped, subject to any eraieble adjustment between the Parties no to any work or materials then in
Progress Provided that the Purchaa shall not be liable for my claim fix anticipated profits on the uncompleted
portion ofthe goods and/or work, far incidental or comequential damages, and thm no such adjustment be made in
favor ofthe Sella with reaper[ to my gods which me the Sellers standard stock. No such erommeat shall relieve
the Pardoner or the Sella of my of their obligations as; to my goods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
My claim for Alm non most be award within thirty (30) days firm the des the change ortamimsim is ordered
8. COMPLIANCE WITH LAW.
The Sella warts that all goods sold hereunder shall have been prdwad, sold, delivered and famished in strict
compliance with all applieable laws and regulations in which the goads an subject. The Sella shall execute and
deliver such dacuments as may be required to effect or evidence compliance. All laws and regulations required to
be incotpmead in agroccami of this chaser ere hereby incoryormed hercm by this referents. The Seller amm
to indemnify and hold the Purchaser harmless from all ems and damages suffered by me Purchaser a a result of
the Seller failure to comply with auch law.
9. ASSIGNMENT.
Neither party shall maims, transfer, orconvey this order, or my trances due arm become due bareunda without the
Vim writer, consent of the Omer party.
10. TITLE.
The Sellawarsfull,cleaned, fine andcliar to Ne it.11[fa allequiprnt maaialoandiMmfamished
in pertoummce of this agreement, free end clear of my and all liens, reatrictiom, r.avaiiau, security interest
mcumbrmca and claims of others.
I I. NONWAIVER.
Failure of the Porchmer w ims, upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to pmmptly wofify the Sella in the event of a
breach, the acceptance of or payment for goads hereunder or approval dthe design, shall not release the Sella Of
my of the warranties or obligations of this purchase order and shall not be deemed a waive of my right of the
purchaser to insist upon strict performance hereof m any of its rights or remedies in to my such goods, regardless
of when shipped, received or accepted, m in my prior or subsequent default haremder, nor shall any Imported oral
modification a mdssion of this pmchme order by the Purchases operate in a waiver of my Of me Was heeof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations
are in fact bane by No foreseer Thaeloffim, far Hoed wom and as mmidemdea fen caressing this purchase ceder,
the Sella hereby msigm m the Parchaaa any and all claims it may now have or hereof=acquired under fedaal Or
state antitrust laws for such overcharges retailing to she particalu goods or service purchased or acquired by the
Purchase pursumt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller ro moat nonconforming m defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella Nemafter indicates its inability or unwillingness to comply, the Purolator
may came she work to be performed by she wo, expeditions means available to it and the Sala shell pay all come
associated with such work.
The Sella shall release the Purchaser and its contractors of my da from all liability and claims of my nature
resulting from the perfanmce of such work.
This mome shall apply even in the event of fault ofnegligmre of the Parry released and Nall extend to the dir.tas,
officer and employer of such party.
The Sellers contacnul obligations, including warranty, shall not be domed in be reduced in my way, became an&
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever me Sella is required to use my docile, device, material or prme s covered by lets, pamr, trademark
or copyright, the Sella shall indemnify and save hornless the Purchmer from my and all clams fen infringement
by reason of the use of such parroted design, device, material or process in connedon with the contr=t and shall
indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the Prosecution or after the completion ofthe work. In care said equipment, M any
pm thereof or the intended use of the goods, is in such suit held to constitute infringement and the we of sad
equipment or per, is enjoined, the Sella shall, at is own expense and a is option, either pocuoc for the Purchase
the right to continue using said equipment or parts, replace the come with substantially equal but non -infringing
equipment, or modify it so it becomes non -infringing.
15. INSOLVENCY.
time Sella shall became insolvent or bankmpt, make an assignment for the benefit ofanditms, appoint a receiver
or treat for my ofthe Seller property a business, this coda may forthwith be emtsled by me Purchaser without
liability.
16. GOVERNING LAW.
The definitions of teens used or the interpretation of the agreement =d the rights of all parties hereunder shall be
construed under and governed by the laws of the Stare of Colorado, USA.
The following Addifional Conditions apply Only in cues where the Sella is to perform work hereunder, including
the services of Seller Re mosentaive(s), an the promises of others.
It. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Seller's own risk until the same is fatly completed and accepted, and Nall, in
cue of my moment, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Seller's own expense=d to the satisfaction ofthe Purchma. When mmaials and
equipment arc famished by others for mastication or cation by the Sella, the Sella shall racive, unload, store and
handle same at the site and become responsible therefor is though such materials author equipment were being
famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational
dimone bmndts, to is employees employed an aria com.tlon with the work wverd by this purchase order, and/or
to their dependents in accordance with the laws of the sae in which the work is to be done. The Sella shall elm
carry comprehensive general liability including, but not limited to, contr=tux and automobile public liability
inumants with bodily injury and dash limits of a lean $300,0W for any one person, $5W,000 for my one accident
and property damage limit per accident of S400,000. The Sella shall likewise require his ccorrection, if my, to
Provide for such compensation and insurance. Before my of the Sellers or his contractor employees shall do my
work upon the premises of other, the Sella Nall famish the Purchaser with a mtificate the such compositions and
insurance have be= Provided. Such certificates shall specify the date when such catpensaom and insurts have
been provided. Such certificates shall specify the date when such compensafion and insurance expires The Sella
agrees that such compensation and insurance shall be maintained unfil skew the entire work is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, tom or injury of my kind
Or nature whaacever to Persons or property caused by or resulting from the execution of the work povidd for in
this purchase order or in rameo ion herewith. The Sella will indemnify and bold handless the Purchma and any
or all of the Pachevers officer, new and employe. from and agannot any and all claims, losses, damages, charges
or expenses, whether direct or indirect, and whether to pe.om or property to which the Purchaser may he put or
subject by re.. of my are, action, neglect emission or default an the Iran of the Sella, any of his contr=errs, or
my of the Sellers or cccrou,, s officers, agora or employer. In me my suit or other proceedings shall be brought
against the Purchma, or is officer, agents or employees at my time on account m by reason of my are, action,
neglect, emission or defeat ofthe Sella of my of his customers or my of Its or their officers, agora or m datum
as afcasumd, the Sell. hereby agrees to ins. the defame thereof and to defend die same a the Seller own
expeme, to pay any and all toss, charges, anomeys fees and other expanse, my and all judgmens that may be
incurred by or obtained ailment the Parchnsa or any of is or Nor officer, agars or employees in such eons or dha
proceedings, and in case judgment or other aim be placed upon or obtained against the Property of the Purchase,
or said parties in or as a result of main suits ne other proceedings, the Sella will at were muse the ants to he
dissolved and discharged by giving bowl or othewix. The Sella and his contractors shall take all safety pecmtiors,
famish and install all goads necessary for the perversion of mceidmts, comply with all Iowa and nVilmims with
regard to safety including, but without limitation, the Commitment Safety and Health Ad of 1970 and all rules and
regulations issued pmsoant theme.
Revised 11/9