HomeMy WebLinkAbout380591 J 2 CONTRACTORS - PURCHASE ORDER - 9111942 (2)City of
Frt Collins
Date: 04/07/2011
Vendor: 380591
J 2 CONTRACTORS
PO BOX 129
GREELEY Colorado 80632-0129
PURCHASE ORDER
PO Number I Page
9111942 1of2
This number must,appear
on all invoices, packing
slips and labels.
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 04/07/2011 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Registry Neighborhood 1 LOT LS 1,044,100.00
Park Project
PER TERMS AND CONDITIONS OF BID 7209
AND AGREEMENT DATED MARCH 24, 2011
9-0-..
13. 0!1.:-%Q e�
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total $1,044.100.00
0
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Cond'i ors
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exempliers. By arms, the City or Fort Collins is exempt form ate and local taxes. Our Exemption Number is
98-61502. Federal Excise Tax Exemplion Cmificate of Rallis, 84-64100587 is rugiommd with the Cullaer Of
hourro l Revenge. Denver, Colorado (Rcf. Colorado Rm isdd Statues 1973. Chapter 39 26. 11a (a),
Goods Rejecled. GOODS MULCTED due to pilots to rams ocifir lion, either uhcn shipped err due in defaces of
damage in tranit may be rammed to you fur nadir and arc not to be replaced except upon occa l Of uramn
Instructions from be City of Fort Callins.
Inspection. GOODS are subject to the City of Four Collins inspection an larval.
11. NONWAIVER.
Failure trice Franchise, in insist upon aria performance nfdr, terms and eandumns hereof. failure or data, to
mremto rights or memories provided herein or by law, failure pormptly unify the Sala went of the weof a
branch. the acceptance of or payment for goods bneanda at appeaval or the design. shall nor release the Serer Of
any ethic narremies or Obligations of this Furchexe. am,, aod shall Out be domed a waiver Of any right sf the
purchaser to insist upon icier ro rfmmanee Favor or any of its rights or metal as to any such goods. mpordless
of when shipped. received Or accepted, as to any prior or sobsequcat default hcrandcr, nor shall any putptncd
real andifiation at «xissmn of this purchase order by the Purchaser aperae as a Waiver Of any of the arms
hereof.
Final Acceptance. Receipt of the merchandise, services Or tpuipmcm is rcsprnse In this order am cash in 12. ASSIGNM ENT OF ANTITRUST CLAIMS.
aulhmiced payment nap the Mn of the City of Fort Collins. However, it is m be undmlmd the, FINAL Seller and the Purchaser recognise that in actual economic practice. overcharges resulting form antitmst
ACCEPTANCE is diplomat upon completion ofall applicable required criterion procedures, violations arc in fact home by the Purchacr.Theretofore. for good muse and as consideration fur execut,,-this
Purchase nMO, the Seler hereby assigns a the Perchaxr any and all claims it may new have Or hereafer
Freight Terms. Shipments must be F.O.B., City of FOR Collins. IN Wood St. Fort Collins, CO 0522, unless acquired under federal or sum anlinuo Iowa for such Ovrrcharges relining ro the panialar fonds a wivinn,
Otherwise specified on this ruder.Ifpemtission is given to prepay freight and charge spiritual, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Addilimtel charges for packing will not be accepted
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in varios pans of the country, shipmenl is If the Purchaser direct, he Seller to carted nonconforming mdefc,le goods by a dice In he.fend upon be the
expcated from the nears. distribution Point to rearm.tirn, and bxaa freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purcha ct
shipments are made from granter distance. c the work In be performed by the most nx,wheintu mans readable to it, and the Seller shall Pry all
^sets aas.ot.n w
Peanuts. Seller shall pmcnre at sellers sole cost all nm canary permils, ceniftcates and licenses required by nil pm sa ......0 ��
applicable laws, regulations, ordinances end rues of the state, municipality, memory, or political auNlivision where
the work is perforated, err required by any other duly constituted public smash, brand pari+diai er ova the work
of vander. Seller further agrees to hold the City of Fan Collins hamilcss from and again all liability and loss
incurred by than by reason of ea assured ar established violation of any such laws, regulations. Ordinances, miss
and requirements.
Authonanion. All panics to this contact agree that the tMummtatives are, in fact. ben+ fide and possess full and
sampan, authority In hind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the emu and conditions sued
herein set graph and any supplementary or additional toms and conditions annexed basic or incorporated herein by
reference. Any additional or dil@renmorms and conditions proposed by seller are objecld! la end hereby Tejoinat
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifym carrot make complete shipment to memo on your
promised all date as noted. Time is ofthe man=. Delivery, and perform ace must be eRaled within the time
slated an the purchase order and the documents attached Fargo. No acts of the Purchasers including, without
limitation. acceptance of partial late deliveries. shall operatc as a waiver ofthts prevision. In the event army delay.
the Purchase shall have. in addition to other legal and equitable remediess the option rfpmdng this order diewhae
and holding IM1e Seller liable for damages. Haweva, the Seller shall not be liable fur damages ass result Of dal,s
due to causes no reasonably facueable which arc beyond its mnunable control and without its fault ofnegligrnce,
such acts of God, acts of civil err military wthoritics, goveretmcnlal prinfi ics, fires, strikes. Basil. cpidcreas warna
rims pounded that notice of the conditions causing such delay is given to the PureM1asa within five (5) days Olds
time when the Sella For received knowledge duall. In the event rf any such delay, the date of delivery shall be
extended fur the period equal tome time actually Ion by r,nen of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this solve will confirm with applicable
drawings specifications, samples end/or other descriptions given, will be for the Purposes immded, and
peformed with the higbesl degree of care end macro eno in acc undano verb accepted standards for work of a
similar nature. The Salim agrees to hold the purchaser harmless from any Ins, damage at extent which the
Purchaser may auf(oor incur on account of the Sellers breach of warraory. The Seller shall replace, repair or make
good, without coat to the purchases any defects or faults miring within one (U year or within such longer paitd Of
lime ae may be prescribed by let% or by the terms stony arMliable waoanty provided by IM1e Seller one,'he data of
ornmemrcc ofmc comes; Fuel hereunder (acceptance not to be unreasonably delayed). Toombine from imperfect
or depclivo work done or materials fumished by the Scllcr. Acceptance or use of grads by the Purchaur shall not
constitute a waiver crony claim under this warranty. Except as otherwise provided in this Purchase order, the Sellers
liability hereunder shall extend to all damages proximately amed by the breach of any of the featuring wareantia
or guarantee, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaur may make changes to legal lama by written change aNer.
5. CHANGES W COMMERCIAL TERMS.
The Purchaser may make any changes to the terms. other than legal terms, including addition to or dclaimts from
the quantities originally ordered In the specificaions or dery rp, by vaWl or written change aNer. If any such
change allots the amain due or the lime o'Perfammurn hereunder an cquimblc wfica mcnl shall be made.
fi. TERMINATIONS.
The Purchaur may at any lime by another change order, terminate this agreement as to any or all price of IM1c
gads then no shipped, subject to any equitable adjustment between the panics as m any work err materials then in
prognaa pmvidcd that the Pachasn shall not be liable fur any claims for anticipated pntfe on the uncrowned
portion Of the goods and/or work, for incidental or consequcmial damages, and that no such adjustment be made in
favor of the Sell,, with respect to any fonds erhieh arc the Sella, standard.«k. No such tcrmimalim shall Teliac
the Pomhnur or the Seller many ofthon obligati ns as to nny goods delivered hereunda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjudemnt must be asserted within thirty (30) days form the data the eban, On lamination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants Ihot all stands sold hereunder shell have ban produced, sold, delivered and fumished in grin
compliance with all applicable laws and regulations to which The goods are subject. The Seller shall execute and
deliver such documcots as may be required to effcn at evidence amphanec. All laws and regulations requited to be,
incopoated in agreements of this character an hereby incorporated hacia by this Taganrog. The Seller a fros to
indemnify and hold the Purchaser Formless from all costs and damages suffered by the Purchaur as a result of tho
Sellers failure to comply with such law.
9. ASSIGNMENT.
Nantes parry, shall assign, Ianfcq or crummy this order, or any monies dm or to became due htxunda without he
,On, wrinrn concept of the other pay.
10. TITLE.
The Seller warrants full, clear and lambasted title to the Faeehasa for all equipment. nationals. and isms ftamisla d
in performance of this a mormonl, ( and clear of any mad all lions. ratnctim s, resonances. security itnaen
atcumbnnacs and claims nfmhcrs.
The Seller shall release be Purchaser and its containers Of any rim form all liahiliry and sums of any none
resulting from the p afmanance asuch work.
This relcax shall apply even in the event of faub of negligence Of he Parry wlensed and shall extend Ira the
disecmrs, officers and employees of such parry.
The Seller's ammuctral obligmim , including womanly, shall no, as domed to be reduced. in any way, because
such work is pnfar tN or caused to be performed by the Purchaser.
Ice. PATENTS.
Whenever the Seller is required to use any abuser. device, material or process covered by letter, patent, trademark
r eggaiglm, the Sella shall indemnify and save branches the Purchaser form any and all claims fur infiin,mmor
by reason of the use of such palened design. device, material at process in connection with the amount. am
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged Ira pay by mason of such
infringement at any time during the prosecution or &Res the completion Of the uork. 1n eau said clryipmaL or
any pan mover a the intrnded use of the gmda, is in such suit held to constitute infringement and The use of
said equipment or Mn is enjrinod the Seller shall. at its own expense and at its morsn, eider pmegre for the
Purchaser he eight to continue on, said cqui,.rnl Or pans. replace the same with adonamially count bill
noninfringing equipment or modify it u it Farmers noninfringing.
15. INSOLVENCY.
If IM1c Seller shell Examine insolvent as brnktupl, make an assignment for IM1e benefit of crediers, appoint a
receiver or bean for any of the Sellers progeny m business, this order may forthwith be canceled by the
Purchaser without liability.
16 GOV ER ING LAW.
TM1c definitions Of terms used or the intcr,ractum of IM1c apccm,nt and ILe rights orall palms hereunder shall 0,
onsrmed under and governed by (be laws of Ih, Star, of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is In Farnmr work hammul r,
including the xexias of Sellers R foommativaph On the Premiss ofmhm,
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Sellers own risk until the xnm is fully completed and accepted, and A.H.
in u or any acri hnml destruction or injury to the wart stupor materials barre Seller's plan? completion and
eceplanee, comploc the work al Seller's own expense and to he satisfaction Orin, Puchaser. When materials
and equipment are fumished by others fur installation or notion by the Sella, the Seller shall rariv , unions,
store and handle same at the site and become responsible thcefor as though such tuatanals end/or equipment
more being fumished by the Seller under Ibe rude.
19. INSURANCE
The Seller shall, at his coat expeme. Provide fur the payment of workers compensation, including aompatlonl
dimeare benefits, to its emplovees employed on or in correction with the work covered by this purchase ender.
madam m their d pendants in m eandan„ with the laws f,ha ,.to in which the wed is to he done. The Seller
shall also airy comp sons ve personal liability imlWing, but mar heated or, maraaual and monewbila public
liability inurmo with bodily injury and death limits Or at last S300.000 for any one perum, 5500,000 for any
one mainland and property damage limit pa accident of Sao .0n0. The Seller shall likewise require his
communions, if any, to provide fur such compensation and migration. Retort any of the Sellers or his extr anors
employees shall do any work upon the premiss ofethmax. ]be Seller shall fomish the Purchaser with a calibrate
that such compensation and insurance haw, liar provisos. Such eenincams shall specify the date when such
compensation and insurance have been provided. Such emifiate, shall pecify the data when war compensation
and in expires. The Sella insurance, that such compensation and insuranshall be maintained until inner 'he
room work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, Inss err firms Ofmy kind
or nature whsoeva an prowns err property, ea sed by or texulting front the execution of work pmvidcd for in
this purchase coda or in connection herewith. The Seller will indemnify and hold hamdcss the Purchaur and any
r all of the Purchasers odcces, stones and cmplryms form and against any and all claims, losses. damages,
charges or expenses, uhaba direct or indirect, and whether In persons Or pmMny a which the Pouchax. may
be put at series, by Tessin of any act action, neglect, omission or defnult on the pan of the Seller, any of his
announcers, or any of the Sellers or conoamas offmcm, agents or employers. In case any suit or other
proceeding shall be brought almost he Purchases, or it officers. agents or employees at nny arms on account or
by mostm of any of, action, neglcct omission or default of the Sella of any of his contractors err any of its or
their oRcars, agents or employees as of earaid, the Seller hereby silicas in assume the defame thereof and On
defend the umc at the Sellers own corporate, to pay any and all ants, charges, anomeys feat and other expenses.
any and all judgments that army be incurred by Or obtained against the Purchasers Or any of its or their officers.
agents or employees in such suits Or other proceedings, and in case judgment or inner lien be placed upon or
obtained against the property of the P selaxr, or slid panics in or as a result mf tech suits or other proceeding,
the Sella will at once cause me game to be disuhed and diuhargcd by giving bond or otherwise no Seller and
his contacors shall take all safety proamians, fomish and insult all guaMs necessary fur the provention Of
accidents. comply with all laws and regulations with regard In gafgry including, but without limitation, the
Occupational Safety or Health Act of 1970 and all miss and roplitioms i.md pursuanuM1crato.
Raised 0JR010 — -