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HomeMy WebLinkAbout129564 TRAINOR CONSTRUCTION - PURCHASE ORDER - 2207432Date: 11/20/03 City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 2207432 Delivery Date: 10/22/02 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 6 1 LOT 13,756.24 ADDENDUM TO PO 2207432 PER CHANGE ORDER #4 Total $13,756.24 _ - "-" City of Fort Collins This order is r6dalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221.6775 Fax: 970.221.6707 Email: info@cl.fortcollins.co.us Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMNfERCIAL DETAILS. Invoice Address. To ensure prompt Payment and invoices in duplicate to'. City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 805M Tax exemption. By statute the City Affect Collins is exempt from stare and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000589 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref Colorado Revised Stainless 1973, Gaper 39-26, 114 hqj Oaods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of damage in Vann, may be rammed to you for credit and arc not to be replaced except upon receipt of written invented. from the City of Fort Collins Impecnon. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Recapi ofthe membendix, savioa or equipment in restore, to this pull can mutt in authorized payment m the bast of the City of Fort Collins. However, it is to be understood mat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Tema. Shipments most be F.O.B., City of Fat Collins, 7W Wood St, Fat Collins, CO 80522, unless oflawie specified on this order Mpamission is given m prepay freight and charge separarely, the original freight bill must accompany, invoice. Additional charges for packing will not be accepted. Shipment Moscow. Where mmufaaurm have distributing points in various parts of the country, shipment is expected from the nearest distribution Point o sham ion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole cast all necessary, perms, certificates and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, scummy or Political subdivision where the wink is perfumed or required by any otha duly cownmted public authority havingjurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lac incurred by them by reason of an sssertd or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Did. expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional rents and conditions annexed hereto or ineotpomted herein by reference. Any additional or diff Carl term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY PLEASE ADVISE PURCHASING AGENT immediately tryout canna make complete shipment to arrive an you Promised delivery dine as need. Time is ofthe essence. Delivery and performance most be effected within the time stand on the purchase order and the component machd hereto. No ads of the Purchasm including without limitation, acceptanceofpattial late deliveries, shall operate an awaver of cis provision. In me evmt ofmy delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable for damages re a result of delays due to cruses not reasonably f nceenle which ere beyond its reasonable control and without its fault ofnegligence, such ins of God rub of civil or military, anmoritia, gavanmenta priorities, firs, strikes, fed, epidemics, wars or data provided that notice of me condifiors taming such delay is given to the Producer within five (5) days of the time when the Seller that received knowledge thereof In the event of my such delay, the date of delivery shall be extmdd for the peed equal to the time actually lost by reaon of the delay. 3. WARRANTY, The Sella ware ns that all goods, articles, materials and work covered by this order will conform with applicable dmwmgs, speaficatims, smgsles andaor aher descriptions given, will be fit for the purposes Intended and Patented with the highest degree of core and com putmce in accordnce with azceptd standard for work of a similar muse. The Sella agree to hold the purchaser harden from my Ins, damage or expense which the Purchaser may suffer or incur on account ofine Sellers breach of warrmty, The Sella shall replace, repair or make god without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the term of my applicable warranty provided by the Seller after the done of acceptance of the good famished harmnda (ecceptmce nor to be commonly delayed), resulting from imperfect or defective work done or materials fumishd by the Sella. Acceptance or me of goad by the Purchaser shall not constitute a waivar of any claim under this warmly. Except as otherwise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breech of my of the foregoing warranties or guarantees, but such liability shall in no event include Ims ofpmf x or loss of use. NOIb1PL1ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purehca may make changes re legal terms by written change order'. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make any changes to the terms, after than kgal terns, including additions to or deletions from the qumtmes originally ordered in the specifications in drawings, by verbal or write change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser my a my time by written change odes, terminate this agreement as to my or WI portions of the goods torn not shipped, subject to my equitable adjustment between the pares as on my work or materials Nen in progress provided the thc Purcbrea shall not be liable for my claim fax mficipated profits on the uncomplad portion ofthe good cramr work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Sella with respect to my goods which are the Sellers standard stack. No such termention shall relieve the Purchaser or the Sella of my of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for djut^mt most be wanted within thirty (30) days from the date me change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller waram mat all goads sold hamundn hall have been produced, sold, delivered and famished in strict compliance with WI applicable laws and regulations to which the goods we subject The Sella shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations required to be incur omtd in Wearnens of this cheram r are hereby tncorpomtd herein by this reference. The Sella agrees to indemnify and hold me Purchaza harmless from WI toss and damages suffered by the Purchaser as a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither party shol resign, tramper, or oonvry this order, or my monies due or to become due hereunder without the prior wrten comenr of the other party. 10. TITLE. The Sella warms full, clean and committed title to the Purchaser for all equipment, mum i'.rls, and items Founded in performance of this agreement, free and clear of any and all has, restrictions, reset,, tions, security interest moumbunces and claims of others. 11. NONWAWER. Felt. of the Purchaser to insist upon strict performence of the terms and conditions hereof, failure or delay m exercise any rights or remedies provided herein or by law, failure to promptly salary the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shell not mlesse the Sella of any of the waaenties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped received or steeped a to any prior or subsequent default hereunder, nor shall any puryorted cool modificatimi or rescission of this purchase order by the Purchaser operate as a waiver of any of the tarns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Producer recognize that in awed economic Practice, overcharges raultine ti our antitrust violations are in fact bane by the Purchaur. Thattofae, for good cause and as consideration for ext uning this purchase area. the Sellerhereby areigre to the Purchaserany and all claim it may now have or her after o. quired under fdcml or stare antitrust laws for such overcharge relating to the particular good or services pro sed or acquired by the Purchaser punuent to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Patch.. directs the Sella to correct nonconfomting or defective goads by a date to be agreed upon by the Pitchman and the Seller, and the Sella thereafter indicates its inability or unwilhope s m comply, me Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay WI casts associated with such work. The Sella shall release the Purchaser and is contractors of any tia from all liability :end claim of any namre making fimn the performance of such work. This rawae shall apply ever in the event of fault ofnegligrnce ofthe party retained and shall extend to the diratan, officers and employees of such party. The Seller's commercial obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is perfomd or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark or wpyright, the Seller shall indemnify and save harmless the Purchaser from any and all claim for infringement by moon of the use of such painted design, device, material or process in connection rvi dr the conmmt, and shall indemnify the Purchaser for any cost, capture, or damage which it may be obliged n• pay by reason of such infringement many time during the prwaution or after the completion of the work. In crate said equipment many Isms thereof or the Intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pas is enjoined, the Seller shall, at is own expense and a its option, atl,cr procure for the Purchaser the right to continue wing said equipment or parts, replace the same with substantially equal but non-inMnging equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or home for my of the Seller property or business, this oiler may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of At parties hereunder shall be construed wider and governed by the laws of the Store of Colorado, USA. The following Additional Conditions apply only in toes where the Sella is to perform work hereunder, including the services of Sellers Representative(e), on the .is. of ethers. V. SELLERS RESPONSIBILITY. The Sella shall carry on said work a Seller's own risk until the same is fully completed and acceptd and shall, in cane of my accident, datmction or injury to the work and/or materials before Sellefs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pm,hma. When materials and equipment are famished by other for brilliant or notation by the Seller, the Sella shall receive, unload, acre and handle same at the site and become responsible therefor as though such materials md/m equipment were being famished by me Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andta to their dependents in mwdance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but no limited to, contractual and automobile public liability with bodily injury and death limits of a Ise S3 W,o00 for any me pmon. $500,00) for my one accident and property damage limit pa accident of S400,000. The Seller shall likewise require his continuum, if any, to provide for such compensation and insurance. Before my of die Sellers or his contractors employees shall do my work upon the premua of others, the Sella shall famish the Puschasa with a certificate that such compendon and insurance have been provided. Such certificates shall specify the date when such conrpenaation and insurance have been provided. Such cerificares shall specify the dare when such compensation and insurance expire. The Seller agrees mat such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby an. the entire responsibility and liability for my and all damage loss or injury of my kind or inure whenever to person or property caved by or resulting from the execution of the work provided for in this purchase orda or in connection herewith. The Seller will indemnify and hold harmless the Purchaza and my or all of the Purchaser officer, agents and anployees from and agvna my and 01 claims, losses, damages, charges or expenses, whether direr or indirect, and whether to persons or property to which the Purchreer may be put or subject by rewm of my act, action, neglect, omission or default on the pat of the Sella, my orbit contractors, or any of the Sellers m cnntratom offcm, agents m emplWms. In one my suit m orhapermaxi rigs shall be brought against the Purchaza, or its officers, agms or employees at my time on account or by reason of my act, swim, neglect omission or default of the Sella of my offal contractors or my of its or their officers, agents or employees to aforesaid, the Sella hereby poems on remme the defense thereof and to defend the same a the Seller own expense, m pay my and all costs, charges, anomeys fees and other expmate, my and all judgments the may be insured by or obtained against the Purchaser or my of its or quit otfcem, agents or employees N their suits or other Proceedings, and in case judgment or other lira be placed upon ar obtained Mine the property of the Pardoner. or mid piston in or as a result of such suits or other proceedings, the Sella will a once cause the same to he distived and diacher ed by giving bind or otherwise. The Sella and his centructm shall take WI safety pammuman furnish and instal all guards necessity for the prevention of azaid.%, comply with all laws and ra Wmims with regard to eatery including but without limitation, the Occupational Safety and Health Act of 1970 and all mla and regulations issued pursuant thereto. Revised 1119