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HomeMy WebLinkAbout366358 JVA INC - PURCHASE ORDER - 9117604City of F,.6rt Collins Date: 12/27/2011 Vendor: 366358 JVA INC 1319 SPRUCE ST BOULDER Colorado 80302 PURCHASE ORDER PO Number Page 9117604 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 12/27/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price EPIC and 215 N. Mason Perform a structural analysis of both buildings. 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 1 LOT LS 20,000.00 Total 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 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of For, Collins is exempt Tram state and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6fMS97 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hercot 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 hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the wanantics or ON igations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instruction from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Muehoscr operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in responc In this order can result in 12. ASS IGNM ENT OF ANTITRUST CLA I,MS, authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser remgnizc that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. violation are in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser aqv and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fon Collins. CO 80522. unless acquired under federal or state antitrust Imes for such mercharges relating to the paniculor goods or services otherwise specified on this color. If pcmris ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser paranoid to this purchase orden bill must accompany invoice. Additional charges for pecking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be Performed by the must cNa dilicus means mailable to it, and the Scllcr shall pay all costs associated with such work. Permits Seller shall ptocurc at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory ar political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Envier agrees to hold the City of Fart Collins harmles from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and mcgurcomets. Authorisation. All panics to this contract agree that the represenhtivcs arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expresly 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 dif'ercnt terms and conditions proposed by Scllcr arc objected travel hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the esenee. Delivery and perfnrmancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpnvial late deliveries. shall operate as a waiver of this powkinn. In the event ofany delay, the Purchascr shall have, in addition to other legal and equitable moodies, the option 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 forcsecable which arc beyond its reasonable control and without its Gault ofnegligence, such act, of Gad, acts of civil or military authorities, governmental priorities, rims, strikes, Bond, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason fthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dr:wvings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a ,similar nature. The Seller agrees to hold the purchaser harry t from any loss, damage or expense which the purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim under this warranty. Except as otherwise, provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wwmantics or guarantees, but such liability shall in no event include loss ofpmfits 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 forms, including addition to or deletions firm the gnartin, originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperformance 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 to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respcet to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or teraination is ordered. 8. COMPLIANCE WITH LAW. The Seller vei rants 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 such documents as may be required to Wool orevidcnec compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hemdess from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such lase. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser far all equipment, materials and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any liar from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall emlmd In the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including vwarmnty, shall not he deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is cervical to use any design, device, malarial or pmcess covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Pumhascr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccution or a0cr the completion of the work. In case mid equipment or any pan theronf or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is calcined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfiringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hcnclit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemts used or the interprdalion ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcsenmtive(s), on the promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller sholl carry on mid mark at Seller's 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 Seller's own cxpcne and to the satisfaction of the Purchaser. When materials and equipment are fitmished by others for installation or criterion by the Seller. the Seller shall receive, unload. state and handle same at the site and become responsible therefor as though such materials and/or equipment wore being furnished by the Seller under the order. IS. 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 not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,010 for any one fit, ".. $560.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employccs shall do any work upon the promises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecr,ifiesims 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 entire responsibility nod liability for any and all damage. Inns or injury ofany kind or nature whatsoever to person or property caused by or resulting from the execution of the work presided for in this purchase order or in connection herewith. The Seller will indemnify and hold harales, the Purchaser and any or all of the Purchasers officers. agents and employees from and against tiny and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or properry to which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Pnrehascr, or its oficcrs, agents or employees many time on account or by reason of any act, action, acglcct omission or default of the Seller of any of his contractors or tiny of its or their officers. agents or employees as nforesnid. the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, attorneys 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 employccs in such snits or other proceedings, and in ere judgment or other lien he placed upon or obtained against the pmperty of the Pumhascr, or said panics in or as a result of such snits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all Inws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010