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HomeMy WebLinkAbout109014 R C HEATH - PURCHASE ORDER - 3307239Date: 11/20/03 Cityof Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 3307239 Delivery Date: 11/20/03 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 1 1 LOT 11,690.00 FACILITIES PORTION OF CHANGE ORDER #5 FOR DOWNTOWN ENHANCEMENT PROJECT PER TERMS AND Total This order is itgb4alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 Phone: 970-221-6775 Fax: 970.221-6707 Email: info&i.fort-collins.co.us $11,690.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 i 1. COMMERCIAL DETAILS. Invoice Address. To came, prompt Payment mail invoices in duplicate to. City of Fort Collins Accounting Division P.O. Box 580 Font Collins, CO 80522 Tax exemptions. By statute me City of Fmt Collins 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 the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised SMuta 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mac specifications, circa when shipped or due to defects of damage in transit, may be re tuned in you for credit and we not to be replaced except upon receipt of written inswctions finis the City of Fat Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Final Accepmrce. Racipt of the mecbandise savices or equipment in response to this ordercan rault in authorised payment on the put of the City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent uµm complains of all applicable required inspection procedures. Freight Tams. Shipments most be P.O.B., City of Fort Collins, 000 Word St.. Fort Collins, CO 80522, unless otherwise specified an this order, If Parthenon is given to prepay freight and charge sepaussely, the original freight bill must accompany invoice. Additional changes for packing will nor be accepted. Shipment Distance Where manufacturers have distributing Points in various pats of the county, shipment is expected from the nearest distribution point to destination, and exc ess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole cost all necessary permits, canificatex, and licenses required by all applicable laws, regulations, ordinances and mla of the state, municipality, remarry or political subdivision where the work is preferred, or required by any other duly coaatitch d public authority havingjuradicam over the work of vendor. Sella further agree to hold the City of Fort Collins hamis from and against all liability aad loss incurred by them by reason of an commed or established violation of any such laws, regulations, ordinances, tales and requirements. Authoriestion. All probes in this concoct agree that the rcpreserrtatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits .,Mon. to the tans and conditons stated herein sec Each and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or diffcreat tams and conditions proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiseddelivery date m naed Time is of she essence. Delivery andwharmance must beeffected within the time stated on the purchase order and the documents attached hereon. No act of the Purchasers including, without limitazim,aceepmnccofpartiallamdelivaim,shalloper cnawaivesofthisprovision. Intheeventofanydelay, the Purchases sball have in addition m other legal and equitable remedies, me option of placiag this ado elsewhere and holding the Sella liable far damage. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond its reaonable control and without its fault of negligence, such ads of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or rids provided thin nods of me 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 he extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wumnts min all goods, uncles, materials and work covered by this order will conform with applicable drawings, spaifiramma, sample and/or other desi ipfima given, will be fit for the Tactics. intended and perfom d with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agres in hold the purehma harMe err from any I.s, damage w expense which the Purchase, may suffer or incur m account alma Sellers breach of warranty. The Sella shall replace, repair or, snake good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by bun or by the terns of any applicable wamanty Provided by the Seller after the date of acceptance of the goods famished hereunder (aeceptance not m be unreasonably delayed), resulting from imperfect or defective work done or materials famished by me Sell.. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately award by the breach of any of me foregoing warranties or guamnwa, but such liability shall in sun event include less ofprofiu in lea 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 teas by written change at der 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to the earn, other man legal aeons, including addition an or delaioms from the qumtities originally ordered in the specifications or drawings, by venial or written change order. If any such change affects the smount due cr me time of performance heremda', an ryuitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminaze this agreement as to my or all portions of the goods that non shipped, subject to my equitable adjustment between the panie,i as to any wark or materials men in progress provided that the Purchaser shall rim be liable for my claims far anticipated profits on the uncompleted portion of me goods and/or work, for incidental or consequential damage, and that no such adjusaat be made in favor of oche Sella with respect to my goads which an the Sellers standard sack. No such uncommon shall relieve the Purchna or the Sella of any of their obligations as to my goods delivered haeunder ]. CLAIMS FOR ADJUSTMENT. Any claim fee r4whmm muse be assorted within thirty (30) days from the doe the change or mmination is ordered. 8- COMPLIANCE WITH LAW. The Sella warrants that all goods sold haeander shall have been produced, sold, delivered and furnished in strict omplimce with all applicable laws and regulations in which the good we subject. The Sella shall execute and deliver such documents a may be required to effect M evidence compliance. All laws and regulations required to be incorponded in a®eemmts ofthis character arc hereby incorporated herein by this reference. The Sella ogreren to indemnify and hold me Purchaser hamlese from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such how, 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, m my armies due or to become due hereunder without the prior written consent of the Omer paty. 10 TITLE. The Sella woman, full, clear and unra eted title to the Purchaser for all equipment, materials, surd items furnished in perfommce of this agreement, free and clear of any and all lien, ranictions, reservations, security interest mcumbmnce and claims of others. H NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereaE failure or 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 m' payment for goods hereunder or approval of the design, shall not release the Sella of any of the wormaties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stria performance hereof or any of its rights or remedies n many such goads, regardless of what shipped octalvat or accepted as to any prior or subsequent default hereunder, nor shall any purymred oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchases recognise that in actual economic practice, overcharge resulting from antitrust violations re in fist bone by the Purchaser. Theretofore, for goad cause and as coraidemtion for executing this purchase ado, the Sella hereby assigns in the Purchnon any and all claims it may now leave or hereafter acquired under federal or state antitrust laws for such overcharges relating in the particular good, or services purchased or acquired by the Purchaser pursuant to this purchase radon. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconfOtming or defective goods by a date to be agreed upon by the Purch ow and the Sella, and me Sella thereafter indicates its inability or unwillingness m comply, the Purchaser may came the work to be performed by the rrwrt expeditious mean available to iL and the Sella shall pay all casts associated with such work. The Sella shall release the Pumhaxw and its amrmmrs of any her from all liability and claims of any nature resulting from the performance winch work. This release shall apply each in me event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be performed by he Purchaser. 14. PATENTS. Whenever the Seller is required to are any design, device, material or process covered by later, parent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such panned design, device, material or process in connection with the contract, and shall indemnify the Purchase for any cost, expense or damge which it maybe obliged m pay by reason of such infringement at my time during the prosecution or after the completion of the work In case said egaipmmq or any part thereof or the intended use of the goods, is in such suit held to constiwre infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and a its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmM, make an assignment for the benefit of creditors, appoint a receiver or aware for any of the Sellers property or business, this racier may forthwith c canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the nights of all parties hereunder shall be construed unit, and governed by the laws of the Stow of Colorado, USA. The following Additional Conditions apply only in case where the Sella is to perform work hereunder, including the services of Sellers Ramsentative(s), m the practise of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk mail the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or reactors before Seller's final completion and acceptance, complete me weak a[ Sellers own expense and to the safisfation of the Purchase. Whamacerialsand equipment are furnished by others for installation or maim by the Sella, the Sella shall receive, unbend store and handle same at the site and become responsible thaefor as though such meta ials andror equipment were being Famished by the Sella under the order. 18.INSURANCE - The Sella shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on a in connection with the work covered by this purchase order, confer - to their dependents in accamarice with the laws of me site in which the work is to IN, done The Sella shall also carry comprchrnsive general liability including, but ma limited to, conerecmal and automobile public liability insurance with tidily injury and dawn limits of at least $300,000 for any me person, 5500,000 fat my are accident and p'arerty damage limit per accident of $400,000. The Sella shall likewise regain, his comma ors, if any, to provide for such compensation and inurance. Before my of the Sellers or his contractors employees shall do my am upon the premiss of ohers, the Sella shall furnish the Purchase with a certificate that such communist. and nmance have been provided. Such cordficams shall specify the date when such compensation and insurance have been provided Such cenifiaws shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after me =fire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the entire responsibility and liability for any and all damage, loss or injury army kind or rower whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold branches, the Purchaser and my or all of the Pwchasen officers, agars and employes from and against my and all claims, lossm, dmr an, charges or expasn whether direct or indirect, and whether to persons or property in which the Purchaser may, be put or subject by reason of my act, action, neglect omissim or default on the part of the Sella, my of his contractors, or my of the Sellers or connectors officers, agents or employees. In case my suit or other proceedings shall he brought against the Purchaser, or its officers, agars or employes at my time on mcount or by reason of my nil, action, neglect, omission or default of the Sella ofmy, of his contractors in my of its or their officers, agents in employees as aforesaid the Seller hereby agrees re, assume the defense thereof and to defend me same at be Sellers own expense, to pay any and all costs, charge, attomi fear and other expenses, my and all judgments that may be incorrect by or obound agai. the Purchaser or my of its or their of .,agau or employera, in such suits a rxh, proceedings, and in me judgment or other lien be placed upon or obtained against me property of the Purchaser, or said parties in or in a result of such suits or other proceedings, the Seller will at once emote me same to be dissolved and discharged by giving bond or otherwise. The Sella had his convmmrs shall coke all safety premutions, famish and install all guards necessary for the pwvention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupoioml Safety and Health Act of 1970 and all mles and regulations issued pursumt thrown Revised 11/9