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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9117587Fort Collins Date: 12/22/2011 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " PO Number Page 9117587 1o13 This number must appear on all invoices, packing slips and labels. Ship To: DOWNTOWN DEVELOPMENT AU #19 OLD TOWN SQUARE, SUITE FORT COLLINS Colorado 80524 Delivery Date: 12/22/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Bond Proceed DDA 1 LOT LS 29,423.16 Carry over 2 Bond Proceed DDA 1 LOT LS 702,382.57 Carry over 3 Bond Proceed DDA 1 LOT LS 458,625.97 Carry over 4 Bond Proceed DDA 1 LOT LS 1,067,716.91 Carry over 5 Bond Proceed DDA 1 LOT EA 4,555,960.18 Carry over Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Fort Collins PO Number Page 9117587 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 Bond Proceed DDA 1 LOT EA 2,222,387.40 Carry over 7 Bond Proceed DDA 1 LOT EA 523,589.00 Carry over U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 $9,560,085.19 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tux exemptions. By sand, the City of Too Collin is exempt fvm state and local have. Our Exemption Number is IL NON WAIVER, 98aw 502. F ores) Excise Tax Eo m umn Cenifientn of Rc,is'ry R4"6000587 is re,we cd win, she Collector of Failure of the Pumhaser to iniw upon swim performance of me ate¢ and conditions ha cf. dilure of dda, to Interest Revenue, Denver, Colorado (Ref. Colorado Raiad Statutes 1973. Chapter 39 26, 114 (a), cserrin, any rights or remedo, provided hcrcin or by taw, failure to promptly notify the Seller in the event of a breach, me acceptance ofor paymcm fur goods hereunder orappocnl ofthhe design, shall not near the Seller of Goods Itejecled, GOODS REJECTED due to failure W meet s nci licutimu, either whrr ship si or due to met... of any of thew r obligations of this purchase We, and shall not be devoted a waiver of any right of the vintage n manit, may be returned to you for erJit and terc not to be replaced a reel upon m ip' of wrinen purchaser Ira owns, upon stria perfurmancc transfer any ofis rigM1surrem,Jiexas to any such lmods, regardless Inehunions limn the Chyof Fan Collins. of when shipped, received or accol as to any prior or „ subsequent default bemenJnor shall any purposed oral mWificduan or eveusion of this purchase order by the Purchaser olwdme us a waiver of any of the teens ospecliwa GOODS are sables, 1. the City of Pon Collins insMe the Onn annid. herself. Final Anesthesia. Bilotti of the ncanhodis, n qu eipsen' i esWme 1. this oldera fesult 12. ASSIGNMENT OF AN it I RUST CLAIMS. mho ac'd payment on the pen of do, City of foe Call I. However, it is to be understand that FINAL Scllar and the Purchn cognise that actual c c c practice, n r rcioNes selling fmm national upon complefidm of all upplicabe nyuireJ iwpemiun prnceJums. ioours. arc in fact borne by the Purchase, Theretofore, food cu add as uidands, for exenuudg this purchase aide,, be Seller hereby assigns to the Purchowr any and all Juliusit ,my ... have or hcreallcr FmifM Teens. Shipments must be RO B., City of Pon Collins ]W Wood St, Fad Collins. CO 90522. unless acquird under federal or ever, amidst laws for such overcharges totaling to the paicular goods or.srviccs other, iseepocilicd on this order. II permission is given to prepay freight and charge separately, the original fmifht purclased or acquired by the Purchaser pursuurn to this purchase order. bill down aeeonapany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Who. mmfanums love monitoring paints in various pad of the rumors. shipment is Brim Purchamrdircts tMSellena cpneel denconformidgordefhive gaWs by. Jae la be aimed upon by Fee exponent from she curd distribution Winn m deduction, and excess freiglt will be deducted fault, lm'oice when Purchaserand she Sclle,. W um seller thenealler Worked, its lrobiln, or unwillingness m comply. the Prominent shipments arc made floor greater disance, dry cave'he avmk m be p,fomted by the we e.aShomas I. t rail.ble to it, and! the Seller shall pay all min --rated aim rich wash. Pennils. Seller shall Jerome 01 suers ale cusp all nv every pcimis, «nifi era, and li,.,, required by all applicable laws,regulation,, oNiuc and miss of life sateharder,ricipollty, rertidor ohnical subdivision ohere r the work is performed, o required by any other July constituted public muM1adry having jurodicader over the work of vendor. Seller number agrees to hold the City of Too Collins harmles Wm and uguin,t all liability and loess incurred by them by reatson of ter asserted or established violation of any such laws, macaroons, ordinanecs, rules and Aullmrlatwo. All pan as this correct agree Not thP'a e r.....dG orsm, in fact, bone fide and pea ass lull and complete ndru my 1. bind mrtics id Fo LIMI FATION OF I ERMS. This Poodles Order expressly limits acceptance to the terms and conditions stated Imo on forth and any mWU n cry or additional terms and conditions atmexcd m d hanter incorlvaJ herein by ru6rence. Any additional or dillenm Isms and orm diriuns proposed by seller arc objected'. and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive ten ymmr prowl" delivery dare as none. Time is office esersoo. Delivery and perf camance mud W efftcted within the time stated on the purchase older and the discussion attached head. No acts of the Purchaser including, without lidualion, acceptance of Partial Inc drinch ,, shall apmm s a waiver of the provision. In the seem of any delay, Ns. Purchaser shall ha%, in addition to amcr legal and equitable renaJics, the option ofpbcing this order claewhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due 10 names not mocamobly fonsecable which am beyond its reasonable control oil ..,Iran, is fault of negligence. such use , of tied act, ofciv it or mi1'nary anthodnim, mevemnronml impurities, fires, smikcs, Band, e,id,m ins, won an for, provided Ibar trounce cflhc cundilimss causing such delay is given Ia'he Purchaser watch live (5) Jays of the when the Seller first anew no Mmoledge fh111LIF In ntic event of any such delay, Ill, date ofdoll ... y shall be vxondod for the period equal no the haneactmlly lost by reason al the delay. 3. WARRANTY. 'I lie Seller s that all goods, aiehs, nutcriats and and, am'ered by this alder will conforanwith a,upieable drawing, specilicates, samples and/or other descriptions give will Be fir for the purpose intended, .not perlonrted with IM1e highest Omen of van and mmWtence in accordance .,in a ceded standards for work of a T nsudden name. he Seiler agree o hold the parehaser hafmlstreat, any loss, damage or expense whirr the Purchaur easy sulker or incur on account cribs Sellers Brach of oo mady. The Seller shut[ rephtt, mryir or make Shod. withctun emna the Franchise, any defects or faults arising within one (1) year rwithin such longer W iw of care asay be desiccated) by by lor by it,,ms e Ieufany.rytlicabtc warranty mica dedby the Stella ally the date of acceptance mof tim goods famished hereunder (acceptance not to be unreasonably ridayeard. nsuhing four install or dole, ive work dorm or materials famished by the Sclle , Acceptance or use of goods by the Purenwr shall no: stituurranry. te a vier of any claim under this wCaused otherwise pms'ided in Ibis purchase older the Sellers liability hervundr, shall extend to Ill ratings. umniniorly caused by the breach of any of the Emitting wanatvles an piumnme , bar mach liability shall in no event include loss of pmtis or loss of use. NO IMPLIED WARRANTY UK MERCI IANTABI LITY OR OF FITNESS FOR PURPOSE SI'ALL APPLY. 4, CHANGES IN LEGAL TERMS. 'Inc Pumhaarway make changes I. legal terns by si0rn orange order. A Cl IANGLS IN COMMERCIAL TERMS. IM1e Purchaser nay make any Chang,, m the emu, mhcr Ihah legal from, including addition to or deletions from fhc quantities originally ordered in des spccifcuims or drawings, by Indent or written change order. I any such flange aDacts be amoum due or the tin c of performance heressa ,an ymarble adj wtnant shall an made. 6. TERMINATIONS. 'Ibc Purchmr may at any time by wrinen change sudden temliwle this agreement as W any or all Wnions of the guests then not shipped, subject to any equitable adjusmnem hrwecn the panics as to any wont or materials then in progress .video 'bar rtic Pumhuur shall ram h liable for any eluims for sanctioned pre its on the u omdn't Wnion of f c goods turner work, for incidental or,onuN de dial damages, add that no such adjwmtnnt be made in favor of the Scacr wim re.perua any gaeds which are the Sellers standard steak. No such temtinmlun shall relieve the Purchaser or the Seller crony mhheir obligations as to any mends delivered hemorat 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be usxncd whld it thin, (30) days from the date the change or ,rtinoion is oNertd. 8. COMPLIANCE WITH LAW. The Seller avermand, that all guns wld lu nunder shall have been produced sold, delivered and furnished in strict mnpdian with all applicable lax and regulations which the goods am subject. The Seller shall exectric and deliver such documents as may be required to effect or evidence vormliom,c. Ali Laws and o gulminns required to he mreuand in goventant, ref lhis clbervi are hereby incomanded munin by this reference. The Seller agrees to indemnify and hold me Purchaser heard. from all era r oral damages suffered by the Purchaser s a moult of the Sellers I,mium m comply w ilh such Its. 9. ASSIGNMEN9'. Neither pay shall assign, lame, or roi this order, or any mmnics due or'a become due hereunder without the prior wrinen consent nifthe other pay. 10. FITLF,. The Seller warrants full, clear and unrestricted title to the Purchawr for all equipment, materials, and itcus furnish) ire Performance or his agreement, free and clear of dry and all lino, restriction, resonances, security interest uteumbrame, and claims of others'. The SellvT shall release the Purchaser and it containers of any her fmm all liability and claims of any nature resulting from the performance of such works c 'I his release shall apply even I. the event of fault of negligence 0 the puny « Icesed and shall extend to the directors, officers and cniquyees (it such party. The Sellers cornai oblKinii n, including warranty, shall not be dedneJ to be reduced, in any way, because such work is performed in caused m be pcl'formed by the Purchaser. 14, PATENTS_ Whenever the Seller is required to use any Rings. device, marrOl or it —saw, emceed by Inner poem, mandro ark in, copyright, the Sell,, shall ordinarily and it harmless the Purchaser from any and all claims for infringement by swan of the use of such patented design, deice, national or process in conncedun will the common, and shall indemnify be Parehscr lot any coal expose or danaE which it may he critics or pay by... of such arrangement at any time during the proucutom or alter the eompldion of the work, In chow, said ryuimund, or any pan thereof or the universal use riffle weds, is in such sail held m romtimte infringement grad the use of said equipment or pan is enjoined the Seller shall, at its on expense and at its option, either pmcvm fur the Punhascr dre right or continue using said wimpm,m or pare, nylaee the seem with mbaantiarly equal bun nourproging equipment, or modify it or it becomes reconfirming. 15. INSOLVENCY. If the Seller had became uni lvent or Mnkmpt. make oil assignment for the bendit of sternums. appoint a recener r cluster, for any of the tellers property or bcanceledsiness, this order they forthwith be canceled by the Purchaser within liability. 16. GOVERNING LAW. The d,inumn, oftens uud or he inmro,nuicn of the ageanent and the rights at all panics hereunder shall be enlaced under and invented by the laws of the State afColomdo, USA. The fulfr ing Additional Conditions .,I, only in cases where the Sauer I, orperfarm work hereunder. inelastic, the u•Mee of Shccrs Repeculatvch). oa ncpmmi— ofmher, 17. SELLERS RGSPONSIB It.ITY. The &ihr shall cony on rid work at S,IRes own nsk until the ante is fully smoldered add accepted, dW shall, in x of any accident, destruction or injury m the week and/or manuals Before Sellea Goal completion and acceptance, complete the wad at Sad la's own eapcse and 10 the satisfaction of the Pumhaser. When mWerias and equipment arc IumisheJ by others for installation or erection by the Seller, the Seller shall receive unl rd, store and handle mesa of the site and seat resWnibde therefor as though such materials mufor equipment were being famished by the Seller under the older. IS. INSURANCE IM1e Seller shall, in his expo , ma,me for the Tryo oI worked compensation, including o cupali n.1 disease benefis, Io it, employees anploysd an or in connection with the work covered by this purchase order, ardor to their depend.... it ..dance is im he laws of fhc sfatc in which the work is to be dune. The Seller shall also any comprehowne general liability including, but net IiminJ to, contractual and accumbile public liability prommce, with badily injury untl death limns ref at [cast 5300,000 far any one porn, SSOQO(10 for any one accident and presents damage limit per accident of S400,000. The Seller shall likewise require his contracmrs, if and to provide for such compensation and inuranre. Befmc say of he Senors or his emnmuc or. cis doyce shall do any work upun the prentfas cfothen, the Seller shall furnish the Purchaser with a ccnitiute Kurt such compensation awl insulanttn have been provitled. Such ohnifisme, shall specify the date when such eompemmrion and insurance have been avoided. Such scoilicates shall specify the date when such conpmanion and insurance expires. The Seller agrees that such ovamenmio t and insurance shall he mainatncJ moil after me emirs vied, 6 completed awl wcepeJ. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllar hereby assume, the,mire responsibility and liability for any and all Jmmag,, loss or injury afany kind or nature whatsws er to pvtorron, or property caused by or micros, fain he cx,cu'Wn of thWor k urk povided for in r this purchase order connection herewith. The Seller will indemnify and hold har Is, Ill, Purchaser and any r all of the Pureededase, offierrs, Iii mad employcv's lion and ayinr any and all ,Won, losses, damage,, beLoex or velp,nusent es reason al ter indairs, root s, ther emission perms or engsny to wlti Its Seller. Purchaser nary be put or s, or a by r al' dry net, schooners organs, officers, f, o ass or default ran the pat of ncs Seller. any of his reason omeeding s any of the Shccrs t dntramnr. olfic rs5cer ,ago or employ. In eo tiny suit o other by proceedings shall be brought embed the Purchaser, or ul onimn, agents or y employees d any time an account or their neon of any an, action, ogeu unaissian . default of the Seller e, any of his the k, tors or any ref its or their d tohers, agents or employeeslleda . ifirea ss. t the Seller M1mcan , bur fa assume the es oils the, and to defend al same at the Shccrs own expense, to pay any and all aims, a Puw, s Purchaser or airy fee and other exWses, any and all ire loyees i than may ts rot r ro of obtained agni am the Punhmo or afar of ham their upon or opus or employees in such suits or other pros Kings, es in case judgment ' ie tether lien ot prated upon or ,heobtSolened ay inn the. cove a nce Purchases, or said panics in ge ss a roil client suits or Other proceedings, the Soler ill OIonescamelifename r am ons,cNaM disdwgcd by givingdad or otherwise. The Sella a of his contractors shall eke all .Roy d regulims, f%ilh gar instill all gaols nmwry, for the privation, of Occupational comply wand ell lows Act al 1Y70andal with regard to mfnry ousel national but heaps, ]initiation, the OccupmiuttalSal:ryand flealnh Acrol'I4)0 untl all rvles and regulations, owoad punuam thCnfo. Revised W/2010