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HomeMy WebLinkAbout157593 DRAHOTA CONSTRUCTION - PURCHASE ORDER - 9115522 (2)PURCHASE ORDER PO Number Page CI�/ Of15522 1 of 2, FortCollinsl numbermustappear W " , 1�, i 10Tn1'11 invoices, packing slips and labels. . Date: 09/20/2011 Vendor: 157593 DRAHOTA CONSTRUCTION 4700.INNOVATION DR #C FORT COLLINS Colorado 80525-6253 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 09/20/2011 Buyer: JOHN'STEPHEN Note: Line 'Description Quantity UOM Unit Price' Extended Ordered Price I Remodel Station 1 1 LOT LS 1,18b,225.00 PER TERMS AND CONDITIONS OF P1123 AND AGREEMENT DATED,AUGUST 25, 2011 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. 'I Tax exemptions. By statute the City of Fort Collins is exempt from sate and local nixes. Our Exemption Number is 11. NONWATVER. .�. 98-07502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon mid performance of the terms and conditions hereof, failure Or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). 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 hemmder or approval of the design, shall not release the Seller of Crowds Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall ram be deemed a waiver of any right of the damage in transit, may be returned m you fro credit and are not to be replaced except upon receipt of written Pore to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereuvdd, nor shall any purported am] modification or rescission of this purchase order by the Pumhaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of For Collins inspection on arrival. hereof. Final Acceptation. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fad borne by the Purchaser. Theretofore, fro good cause and as consideration fro executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it rnay'now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws fro web overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accomoanv invoice. Additional charges fro packing will ram be accepted. Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is expected firm the nearest distribution point to destination, and excess freight willbe deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the staff, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public aNhority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fog Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any web laws regulations, ordinances, roles and requirements. Authorization. All patties to this conned agree that the mpr_esenmtives are, in fad, bona fide and possess full and complete atithority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different reigns and conditions proposed by seller are objected to and hereby rejeded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen canna make complete shipment to arrive on your promised delivery time as noted. Time is of the essence. Delivery and performance must be effected within the time wited'on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pmtial late delivmes,'shall operate as a waiver of this provision. In the event _of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the opmat ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ads of God, acts ofavil or military authorities, governmental priorities, fires strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given ta the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any web delay, the time of delivery shall be extended for the period equal in the time actually log by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications,'samples and/or other descriptions green, will be In fm the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fro work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make 'good, without cost to the purchaser, anydefects orrfaults arising within one (1) year car within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance ram to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance our use of goods by the Purchaser shall not constitme a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantee. bra web 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. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specificatiom or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject many equitable adjustment between the parties as in any work or materials then in progress provided that the Purchaser shall ram be liable for any claims fro anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential drainages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock No web termination shall relieve the Purchaser or the Seller of any of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fro adjmvnrnt must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver web documents as may be required to cited or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sell" agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, Or convey this order, or any monies due Or to become dire hereunder without the prior written consent ofthe other parry. 10. TITLE. The Sell" warrants all, clear and unrestricted title to the Purchaser fro ell equipment materials, and items furnished in performance of this agreement free and clear of tarry and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by.the most expeditious means mailable to_t, and the Seller shall pay ell costs associatedth s wiuch work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offers and employees ofsuch parry. The Seller's continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coveted by letter, patent, 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 web patented design, device, material or process in connection with the contend,and shall indemnify the Purchaser for any cost, expense of damage which it may be obliged to pay by reason of wcb infringement at any time during the prosecution Or ofter the completion of the work. In case said equipmentor any pan thereof or the intended use of the goods, is in web wit held to constitute infringement and the use of said equipment or pan is enjoined the Sella shall, at its own expense and at its option, either preserve fro the Purchaser the right ta continue using saidequipment or parts, replace the same with substantially equal bra noninfringing equipment or modify it so it becomes noninfringing. , 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, snake an assignment fro the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability; 16. GOVERNING LAW. The definitions ofterats used or the interpretation ofthe agreement and the rights ofall pasties herenMer shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereuMer, including the services of Sellers flepmewomrive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pumhaser. When materials and equipment am famished by others fro installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though web 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 compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but ram limited to, contredual and automobile public liability inwmnce with bodily injury and death limits of at least E300.000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide fro web compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that wch compensation and insurance have been provided. Such certificates shall specify the date when web compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim responsibility and liability for any and all damage, ass or injury of any kind or nerve whatsoever to persons or property mused by or resulting from the execution ofthe work provided fro in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by remora of any act, action, neglect, omission or default on the pan of the Seller, any of his man d0m, tar any of the Sellers or emntmctors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchmd, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its m their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their officers, agents or employees in web wits or other proceedings, and in ease judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings the Seller will at once cause the same in be dissolved and discharged by giving bond cr otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to solely including, bra without limitation, the Occupational Safety and Health Ad of 1970 and all mlm and regulations issued pursuant thereto. Revised 0320I0