HomeMy WebLinkAbout110871 CLARK CONSTRUCTION - PURCHASE ORDER - 2202988Date: 01/14/03
City of Port Collins
Page Nu 1
City of Fort Collins
Purchase Order Number: 2202988
Delivery Date: 05/13/02 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Oty/Units Description Extended Price
16 1 LOT ADDENDUM TO 2202988 3,813.00
PER CHANGE ORDER #12 FOR FOSSIL CREEK PARK
Total 3,813.00
City of Fort Ggifiny Director of Purchasing and Risk Management City of Fort Collins
This order is alid over $2000 unless signed by James B. O'Neill ll, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221.6776 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us Fort Collins, CO 80522-0580
Purchase Order Tenns and Conditions
1. COMMERCIALDETAILS.
Invoice Address. To as=prompt Payment mail invoices in duplicate to:
City of Fat Collins Accounting Division
PG. Box 590
Fort Collins, CO 80522
Tax exemptions. By same the City of Pat Collin is exempt fran state and local taxes. Our ExemptionNumber
is 98-04502. Federal Excess To Exeogdm Certificate cfRegieay 84-6000587 is registered with the Collector of
Intemal Rwenue, Denver, Colorado (Ref Colorado Revisal Statutes 1993, Chapter 39-26, 114 (a).
Goods Related. GOODS REBiCTED this, to failure to meet spcifiwtims, riNa when shipped or due to defero
of denew is twit may be annual to you fur credit and are not to be replaced except upon receipt of wnden
intlactims ficen the City of Fort Collins.
Inspection. GOODS are subject o dr<Ctity of Fott Collins inspection un ertival
Find Aaepsmce. Rinapt ofthe merchandise, services orequipmart in response to this aden can result in autharired
payment an the part of dre City of Fort Collins. However, it is to be ondarmod that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tams. Shipments must be F.O.B., City of Pont Collins, 700 Wood St., Fort Collins, CO 90522, =less
otherwise specified m dais ceder. If pamis ieion given to prepay freight und doing. separately, the original freight
bill newt accompany invoice. Additional cargo for puking will not be accepted.
Shipment Distance. Where manufacoras have distributing points in various parts of dre country, shipment is
expected from the newest distribution Point to destination, and ousa freight will he do mad from Invoice when
shipments arc made from gmata disarce.
Permits. Sella shall pmcurc a sellers sale ewt all necessary Forms, unificam aid licensor attuned by all
applicable laws, regulations, radiances and rules ofthe sum, municipality, territory or political subdivision where
the work is per4aned, a weaned by my other duly mwtiutal public authority having jurisdiction over the work
of vender, Sella further agrees to hold the City of Fen Collins harrNeu from and against all liability end loss
incurred by than by rewm of en asserted or established violation of my sub laws, regulations, ordirmum, tales
and requirements.
Auborisedon. All panda to this control agra drat the reprwanativw are, in feat bona fide and possess full and
cwnplem authority to bind said parties.
LIMITATION OF TERMS, This Purchase Ord. expressly limits aceeptznce to the term and conditions stand
heron sec forth end my supplementary, a additional terms and conditions wasud hereto or incorporated heran by
reference. Any additional or different terms end wnditiau proposed by seller arc objected to and hereby Mated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cams make complete shipment to strive on your
pranited delivery doe as noted Time is ofthe essama Delivery and pafomrnu mot be effected within the rime
ended on the purchase order and the documents attached hereto. No men of the Pachwers including, without
Emission, mamnes, of partial lam deliveries, shall operate as a waiver of this provision. In dre went of my delay,
the Purchaser shall have, in addition so other legal and Notable remedies, the option o[pmcing this order dushere
and holding the Sella liable for damages. However, the Sella shall not be liable far damages w a rout of delays
die to awes an runaway foreseeable which are beyond its reasonable control and without its fault ofnegligmce,
sub acts of Gad, eras of civil ea military untha ities, governments] priorities, fir., stiles, Flood, epidemics, wars
a rises provided that notice ofthe conditicas easing sndt delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof. m the event of my such delay, the dine of delivery shall be
extended for the period equal to the time usually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, within, maurials and work covered by dris order will confoma wish applicable
d merge, specifiwtio s, suppler stellar Odra descriptions given, will be fit far the purposes intended and perfamcd
with the highest degree of was and cearyetemen in amordence widr aceeptd amduds fa work of a similar etas.
The Sella agrees to hold she Pachwa heedass, from my loss, damage or wpmu which the Purchaser may suffer
a incur m account ofthe Sellers breach ofwmrunty. The Sella shut replace, repair a make good, without not to
the Purchaser, my defeats or faults writing within one (1) yea or within such longer period of time as may be
preatibed by law a by the teens of my applicable warranty provided by the Sella after the date of acceptance of
the goods furnished hereunder (mospmnce not to be unrevonably delayed), resulting foam imperfect or defective
weak done or materials furnished by dre Sella Acceptance re we ofgoods by the Purchaser shall nor constitute a
waver of my clam under this waeanty. Eueps as otherwise provided in this purchase order, dre Sell. liability
heremder shall extend to ail damages proximeMy caved by the breach of my of dre feav afti, warranties or
guarantees, bun such liability shall in an event include Ioss ofptofits in loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Puncheon may snake changes to legal toms by written change order.
5. CHANGES IN COb9fERC1AL TERMS.
The Pmawa may make my charges to the man, odror then legs tarn, including additiow to m deletion Into
drc quantities originally ordered in the specifications or drawings, by verbal ce wrinen charge seder. If my such
charge affects the amo=t due or the time of performance hereonder, a equitable adjustment shall be made.
6. TERMINATIONS.
The Purchase may a my time by wrirtm change order, terminate this agreement an to my m all poniuns of the
goads drm nee shipped, subjea to my equitable adjustment between the pasta as to my work a materiels tom in
progress provided that the Purchaser shall nee be liable for my clams for anticipated profits on dre mearnplad
portim of the grade and/or work, for iiodeiW or consequential damages, and that no such adjustment be made in
favor of the Sella wish aspect to my goods which are the Sellers standard stock. No sub teriumban shall relieve
the Patch or dre Sella of my of their obligations w to my goods delivered hereunder.
9, CLAIMS FOR ADJUSTMENT.
Any clam for sub women anus be award within thirty(30) days from aim date the change a twmierarion is ordered.
8. COMPLIANCH WITH LAW,
The Sella warrants drat ill goods sold hereunder shall have ben produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods ere subject The Sella shall execute and
deliver sub duuments as may be requ sal to effect or evidence compliance. All laws and regulates enquired to
be incorporated in agreements of this annowa arc hereby incorporated Form by this reference. The Sella was
to indemnify and hold the Purchaser herm e s firm all cots and damages suffered by the Purchaser as a result of
the Sellers failure to comply with sub law.
9. ASSIGNMENT.
Neither petty shall assign, nmufa, or convry, del. order, or my armies dw m to become due hermnder widroa dre
prim written CWsnot ofam other party.
10. TITLE.
The Sella warrants full, clear and wrwhicted title todie Punhaer for all aluipmmt morels, and dare f sun ahad
in perfo tance of this agrament, free and clear of any and all limos, restrictions, reservations, security lowest
encumbrances and cI i. of all..
IL NONWAIVER.
Failure of the Purchaser to insist upon stria paformance, of the tams ad candid= hereof, fefla n a delay to
exercise any rights or remedies provided herein or by law, failure 1. promptly costly the Sella in the went of a
breach, the acceptance of or payment fa goads baeunder or approval of the design, shall not release the Sella of
any of the wannntiw or obligations of this purchase order and shall not be clamed a waiver of any right of the
purchaser to insist upon stria pafomance hereof a any of its rights or musical sit an many such goods, regardless
ofwhm shipped received or adapted, a o my pia or subsequent default hereunder, nun shall shy pupated as
modification ce rescission of this purchwe ads by dre Purchase operate as a waiver of any of the tame hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize this in equal economic Practice, overcharges resulting from mtituat violations
are in fact bane by the PmcM1aa. Thereof eon, for good reuse and sa emsidwdan fc wanfing this pmeM1ese ads,
the Sella hereby xssigm to dr, Purchaser any and all claims it Trey now have ahemfla atonal under federal a
mote antimut laws for such overcharge to, o the particular good. a services Forehead or aquird by the
Purchaser mount to this purchase order,
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser diacu the Sella o connect noncanfaming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, =d the Sella thereafter indicates its inability or =willingness m comply, she Puchaser
may cause the work to be perfuni by the mat expditirw meaus available to it and the Sella shall pry all cam
associated with ouch work.
The Sella shall release the PurcM1aser and its contractm of any ties from ail liability and claims of any nature
resulting Rom the perfomance of such work.
This release shall apply even in the event of fads of negligmm ofthe party released and shall extend to the dircetoa,
officers and employees of such party.
The Sellers emsmetow obligation, including warrant , shall not be dmmW to be reduced, in cry way, because such
work is performed or mused to be perfumed by the Purchase.
14, PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harw[m the Purchaser Rom my and all claims fun infringement
by reason of dre use of such paentd design, deice, materiel or process in connavan with the contract aid shall
indemnify the Purchaser for my cat, expense a dantage which it maybe obliged to pay by sawn of such
infringement at my time during the promotion or after the completion of the work In core said equipment a my
pan thereof or dre intended we of the goads, is in suM1 suit held to coneimm infringement and the we of said
equipment or part is enjoined, the Sella shell, st its own expense and a its option, either promise fa dre Purchwa
the right to continue wing said equipment a pats, replace the same with substantially equal but nor -infringing
equipment or modify it so it becomes non -infringing.
15. INSOLVENCY
If the Sella shall become insolvent or bankrupt make an assignment for die benefit of oraliters, appoint a receiver
or trustee for my of the Sellers property or business, this coder may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definition of tun wed or the interpreation of dre agreement and the rights of ail parties hereender shall be
amounted order and governed by the laws of the Sum of Colorado, USA.
The following Additional Conditions apply only in cow where the Sella is to perform work herender, including
the services of Sell. Repwenutive(s), on the premises of odr..
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sella's own risk until du sane is fully complad ad accepted, as shall, in
core of my accident destruction or injury to the work and/or contends before Sella. fins] compiler. and
acceptance, complete dre work a Sellers own experec und to the satisfaction of the Forchma. When nationals and
o3wpmmt me famished by chat for installation ce ereorim by the Sales, dre Sena shall receive, unland, son and
bindle same a the site and become responsible therefor as though such materials and/or equipment were being
famished by the Sella under the order.
18..INSURANCE.
The Sella shall, at his own expense, provide for fie payment of workers ammonium, including compound
disease benefits, to Its employees employed m or in correction with the work coved by this purchwe order, anther
to their dependmm in ..due. with the ].a of the sum in which the work is to be done. The Sella shall ales
carry comprehensive general liability including, but not limited to, command and automobile public liability
pounce with bodily injury and desdp limier of a lean S300,000 fa my one person. S50o,o00 fa my one secidmt
and Property damage limit pa accident of S400,000. The Sella shall likewise reop a his cuntrowrs, if my, o
provide for such mailman. and imur=ce. Before my of the Sell. m his contratan employees shell do WY
work upon the premises ofo dera, the Sella shall famish the Purchaser with a artiNeme that math compensation add
insurma have been Provided. Such cerrificates shall specify the date when such compensation and insurance have
been provided. Such catificet. shell specify the dam who such mnppensatian and i.man a expires. The Sella
agrees that such compensation and iwurmce shall be maintained and after the entire work is completed and
aaepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby worries the mom responsibility and liability for my and all duni loss a injury of my kind
or nature whosoever to Favors; or property, mend by or resulting from fie oration of the work providd for in
this purchase order or in conned= herewidr. The Sella will indemnity and hold heolws the Purchaser and my
or all of the Purommi officers, agents end employ. fora and segment my and all claims, loom, damages, charges
a expenses, whether direct or indirect and whether to persons or property to which dre Parchesa may be put m
subject by reason of my tat action, neglect, emission or defeat m the pan of the Sella, my ofhts commoners, a
my of the Sill. or contrmsors iffy n, ague ce employee. In am my auh or mM1er promeem, shill be brought
against the Purchaer, or its officers, agents err employees at mY time on mount a by reason of MY set utian,
neglect, amiss= a default of the Sella of my of his contractors or my of its a their offic., again a arhploymes
w aforesaid the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own
expenses, to pay my and all toss, charges, attorneys fees and other opens., my and all judgments that may he
unwed by eaabuind allows the Formosa or any ais cr their ti ficen, Ws a.Plry. in man wits or other
proceedings, and in case judgment or odres rim be plead upon ce obtained against dre property of the Pathan,
or said parties in or as a result of such sots a other proceedings, the Sella will a once came the sore to be
dissolved and discharged by giving bond or otherwise, The Sella and his contractions, WWI asks, all aft, peceutics,
famish and mom all guards necweary, for the prevention of accidents, comply with all laws and negotiations with
regard to safety including, but widrut limitation, the Occupational Safety ad Hints Act of 1970 and all tula and
regulation issued pursuant drai
Revised I IN