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HomeMy WebLinkAbout110871 CLARK CONSTRUCTION - PURCHASE ORDER - 2202988 (7)MIN.: SOME City of Fort Collins Page Number: 1 City of Fort Collins Date: 11/20/03 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: 17653 Line Oty/Units Description Extended Price 3 1 LOT 26,262.00 ADDENDUM TO PO 2202988 PER CHANGE ORDER #32 3 1 LOT 25,836.00 ADDENDUM TO PO 2202988 PER CHANGE ORDER #33 3 1 LOT 19,985.00 ADDENDUM TO PO 2202988 PER CHANGE ORDER #34 Total $72,083.00 This order is rWalid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP City of Fort Collins 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@ci.fort-collins.co.us Fort Collins, CO 80522.0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 90522 Tax exemptions. By summe the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certifisaze of Regitry 84-6000587 is registered with the Collector of Inuemal Revenue, Denver, Colorado (Ref. Colorado Raised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to urea specifications, either when shipped or due to defeat of damage in transit may be returned m you fen cruet and are not m he replaced except upon receipt of written imwctions fran the City of Pon Collins. Inspection. GOODS are subject to the City of Fact Collins inspection an arrival Final Acceptance. Receipt ofthe machanditq service a equipment in response to this order con result in mtherised payment an the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable requited impaction procedures. Freight Terms. Shipments must be F.O.E., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, colas oNewise specifiedon this ceder Ifpamission is given m prepay ReigM and charge sepaamly, the original freight bill mast accompany invoice. Additional charge for packing will not be accepted. Shipment Distance. What manufactures have disinbuting points in various pats of the country, shipment is expected from the newest distribution point to destination, and excess freight will he deducted from Invoice when shipments we made from greater distance Permits. Seller shall procure a sellers sole east all neccasay permits, certificates and license required by all applicable laws, regulation, wdirtmces and males ofthe state, municipality, tertitory or polidml subdivisionwhere the work is performed or required by my usher duly committed public authority havingjunsdirtion over the work of vendor. Seller lumber agree to hold the City of Fan Collins harmless from and against all liability and loss incurred by mean by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirement. Auth rriention. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind aid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions rated hewn sec forth and my supplementary or additional teem and cond ucas armexal hereto or incorporated herein by reference. Any additional or different terns and conditions praposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ilona canna make complete shipment to arrive on year - Promised delivery date m nerd. Time is of the essence. Delivery and performance mutt be eBe wed within the time Rated an the purchase order and the daumenrs watched hereto. No sets of he Purchases; including, without limitation, acceptance of partied laze delivaim, shall operate ce awaiver of this provision. In he event of my delay, the Purchaser shall have, h addition to other legal and equitable remedies, the option ofplac, this ceder elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages ex a result of delays due to cause no reasonably formenable which are beyond its reasonable control and without its fault of negligence, such acts of God act of civil or military mthoritie, govemmmtal priorities, fire, strike, Rood, epidmrim or out provided thin notice of he conditions caning such delay is given to the Purchaser within five (5) days ofthe time whin the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall he extended for the period equal to the time actually tort by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, article, materials and work covered by this order will conform with applicable drawings, specifications, smrples andor other docrip icaa given, will be fit for the purposes intended and perfcrosd With the highest degree of care and competence in accordance with accepted standards for work of a similar manure. The Seller ag,em to held the purchaser harulxss from my Ims, damage or expose which the Purchssa may suffer mmt of he Sellm bmub of wamnty. The Sella shall replace, repair or make good without cost to the purchaser, my defects a faults arising within one (1) year or within such longer pawd of time at may be, prescribed by law, or by the tam of my applicable warranty provided by the Seller after me time of acceptance of the Rends famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defcetive work done a materials furnished by the Seller. Acceptance or use of goods by the Purchma shell not constitute a giver of my claim coda this wamnty. Except as otherwise provided in this purchase order, the Sella, liability hereunder shall extend to all damages proximately caused by the breach of my of die foregoing wamnties or guaantces, but such liability shall in no event include Ices ofprofits or loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Prrehmer may wake any changes to the terms, other man legal team, including additions to or deletions from me quanfitim originally ordered in the specifications or drawings, by verbal or wrium change order. If my such change aHmts the amount due or the rime of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a my time by written change order, centime this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjustment between the parries m 0 my work a materials corn in process provided then he Purchaser shall mat he liable for my claims fen anticipated profits on the uncomplaW portion of thc goods and/or work, for incidentl or ransequmtial dunnage, and hat no such adjuttmmt he made in favor of the Sella with respect to my goods which am the Sella, standard stock. No such rumination shall relieve me Purchaser or the Seller unity of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR AD3USTMENT. Any claim fin aljusnnent mast be womed within thirty (30) days from the daze me <hmge or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants thin all gods sold hereunder shall have been produced sold, delivered and fomished in turner compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such daumats as may be required to effort or aides. compliance. All laws and regulations required m Ix, incorporated in agra oment of this charmtor arc hereby incorporated herein by his reference. The Sella agrees to indemnify and hold the Purchaser hamlets ftem all costs and damages suffered by the Purchaser as a result of the Sella, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assi m, tension, a arrive, this order, in my monies due a to become den hereunder without the prior writem at of the other perry. 10. TITLE. The Seller warsnt full, clear and unresMeted title no the Purchaser for all equipment, materials. and itertu famished in Performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict perfomance hemf or my of its rights or remedies m to my such gooda, regardless of when shipped received or accepted m to my prior or subsequent default hereunder, nor shall my purported oral molifiwrim or rescission of this purchase order by the Purchase operate m a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in set" economic pmaia, overcharges resulting from antimmt violations in fact bone by the Purchaser. Thaaof rse, for good cause and as consideration for executing this purchase order, the Seller hereby mops to the Purchaser my and all clalrm it may new have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the Porchmert and the Sella, and the Seller hereafter indicates its inability or unwillingness to comply, the Purchaser may came the work w he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contsmters of my tier from all liability and claims of my nature resulting from me performance of such work. This release shall apply even in the event of fmlt of negligence of me party released and shall extend 0 he i inxtors, officers and employees of such party. The Sellers contactual obligations, including warranty, shell not a dermal to be reduced in any way, because such work is performed or caused to he pco m ood by the Purchaser. 14. PATENTS. Whenever the Seller is raptured to me my design, device, material or process covered by letter, parent trademark or copyright, the Seiler shall indemnify and save hamdess the Purchma from my and all claims for infringement by reason of the use of such patented design, device, comenal or process in connection with the contract, 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 me completion of the work. In case said equipment or any pan thereof or the intended use of h< goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and a its option, either procure fa 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 Sella shall becme insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee fa my of the Sellm property or business, this order may forthwith be canceled by he Purchaser without liability. 16. GOVERNING LAW. The definitions of more used or the interpretation of die agreement and the fights of all parties hereunder shall he constmed under and governed by the laws of me State of Colorado, USA. The following Additional Condifiom apply only in cure where the Seller is to perform work hereunder, including the services of Sella, Re sec mrazive(s), an the premises of others 19. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work anal err incomes; before Sellers final completion and acceptance, complete the work a Sellex's own expense and to the satisfaction of the Purolator. Whom m Uri b and equipment are Namaland by ad. far transition. a erection by the Seller, the Sella shall receive, onlosd, care and handle same a the site and become impartible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compensction, including recreational disease benefits, to its employes employed an or in cormection with the work covered by this purchase order, Eder to their dependents in accordance with the laws of the state in which the work is to he done. The Sella shall also tarty comprehensive general liability including, but not limited to, aontrmtual and automobile Public liability insurance with bodily injury and death limits of an ]cast 1300,000 for my one person, $500,000 for my me accident and property damage limit per weddent of $400,000. The Seller shall likewise require his cormasoms, if my, to provide for such compensation and insurance. Before my of the Sella, or his contractor employees shell do my work upon the premium of cohere, the Seller shall furnish the Purchaser with a certificate that such eontpemation and insurance have been provided. Such comficaes shall specify the date when such compmsatim and inu eee have been Provided. Such certificates shall specify the daze when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall he maintained until after he more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire repomilithey and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from he exmutim of the work provided for in this purchase order or in cmnation herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchmm offices, agents and employes from and against my and all claims, loom, damages, charges or expensm, whether direct or indirect, and whether w persons or property w which the Purchase may he put a subject by reason of my an, action, neglect, omission or default an the pan of the Sella, my of his contractors, or my of the Sella, or=awtm offices, agents or anployas. In tau my suit or what proceedings shall he brought against the Purchaser, or its offices, spurs or employees at my time on secount or by reason of my at, action, neglet omission or default of the Seller army of his contractors or my of its or heir offices, agars a employes as aforesaid he Sella hereby agrees to assmne the defame thereof and to defend he seam at the Sella, own expense, to pay my and all corn, charges, aurmeys fee and other expenses, my and all judgments that may he incurred by or obtained against he Parishioner car my of its or dear olficm, stamps or employees in such suits or ewer proceedings, and in cure judgment cur other line be placed upon or obtained against the property of he Purchaser, or said patties in or as a result of such suds or other proceedings, the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise The Sella and his conuacmrs shall take all safety p cautions, famish and install all guards necessary for he prevention of accident, comply with all laws and regulations with regaed to safety iwelu&n& ben without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulatices issued pursuant hereto. Revised 11/9