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HomeMy WebLinkAbout493216 CLASSIC CONTRACTORS INC - PURCHASE ORDER - 9121106PURCHASE ORDER PO Number Page Cat Of ' of 2 �ar" Collins OI �1 n �` This' number must appear V lli s on all invoices,,packing ` slips and labels.. Date: 02/22/2012 Vendor: 493216 Ship To: OPERATIONS SERVICES CLASSIC CONTRACTORS, INC CITY OF FORT COLLINS PO BX 2798' 300 Laporte Avenue LOVELAND Colorado 80539 Building B FORT COLLINS Colorado 80521 Delivery Date: 02/22/2012 Buyer: JOHN STEPHEN Note: . Line Description . Quantity ' Ordered UOM Unit Price Extended , ". ;'P.rice'" " 1 Roselawn Cemetery 1 LOT LS 136,870.00 To provide a turnkey office/-' restroom building at Roselawn Cemetery,per - terms and conditions of Bid 7312 . and agreement dated February 1, 2012 Total $136,870.00 C3 . � ✓l>uszQ �- • 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. Tess exemptions: By stanste the City of Fein Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Fedoal Excise Tax ExemptionCertificate of Registry 84-6000587 is registered With the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS RbECFED dine to failure to meet specifications, either when shipped or due to defects of damaac in transit, may be rammed to you for credit and are not to be replaced except upon receipt of xnnen instructions from the City effort Collins. Inspection. GOODS are subject to the ON of Fen Collins inspection on arrival. 11. NONWATVER. Failure of the Purchaser to insist upon strictperfomoanec of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a branc), the acceptance ofor payment for goods ticrcundci or approval of the design, shall not release the Sella of anv of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict pafomtancc hereof Or anv of it rights or rcmcdia as to anV such goods. regardless of when shipped, received at acccptcd, as to any prior or subsequent default hereunder; for shall any purported On] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt Of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTTTRUSTCLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, for goad cause and as consideration for executing this purchase order, the Sell,, hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fov Collins, 700 Wood St.. Fora Collins. CO 90522, unless othersyise specified an this order. If permission is given to prepay freight and charge separately, the original. freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance When, manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments me made from greater distance. - Permits, Seller shrill procure AT sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations{ordinances and rules of the state; municipality, hadtory or political subdivision where the work is ralbo red, or required by any other duly constituted public authority having jurisdiction over the work of va dot. Seller lumber agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and rcgnita pals. Authorization. All parties to this contract agree that the representatives are, in (act, bona fide and possess full and complete amhority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits, acceptance to the hares and conditions stated herein set forth and any supplementary or additional tam¢ andconditions annexed hacto or incorporated herein by reference. Any additional or diffacat temrs and conditions proposed by seller are objected to and 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 ofthe essence. Delivery and performance must be effected Within the time stated on the _purchase order anthe documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of Pavia] late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shrill have, in addition to other legal and. equitable remedies, the option ofplacing this order elsewhere .ad holdirtg the Scller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such actb of God, acts ofeivil or military. authorities, governmental priorities, frres. strikes, flood, 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 ofthe delay. 3. WARRANTY. ' The Sella warrants that all good, articles, materials and work covered by this order will conform With applicable drawings, specifications, samples and/or other descriptions given, Will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on accouid oPthe Sellers breach of warranty. The Sella shall replace, rcpnir or make good, without cost 10 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 of any applicable warranty provided by the Sellaafter the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defcetive work done or materials Finished by the Scllcr. Acceptance or use of goods by the Purchase, shall not constitute a waiver crafty claim under this Warranty. Except as othawise 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 guarantees, but such liability shall in no event include loss of profits at loss cruse. 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 Ta or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfammance hucunda, an equitable adjustment shall be made. 6. TERMINATIONS.. The Purchaser may at any time by ,,inen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bebvccn the parties as to any work or materials then in progress provided that the Purchases shall net be liable for anv claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor. of the Sol ter with respect to any goods which are the Sellers standard stock. No such termination shall Tel icve the Purchaser or the Scllcr of any of their obligations as to any goods del hercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be werrod 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 ban 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 effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller 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 parry shalt assign, transfer, or convey this order, or any monies due or to become due hereunder Without the prior Written consent ofthe other party. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to free Purchaser for all equipment, materials, and items furnished in performance of this agreement, face and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. 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. tribe Purchaser directs the Sellea to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllcr, and the Seiler thereafter indicates its inability or unwillinga ss to comply, the Purchaser may cause the work to be performed by the most expeditious means availa ble.to it and the Sella shall pay all costs associated with such work. The Scllcr shall release the Purchaser and its amnoctors of any tier from all liability and claims of any nature resulting from the performance ofsnch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofree. and employees ofsnch pang. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed of caused in be performed by the Purchaser. 14.. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by fatter patent, trademark or copyright, the Scher shall indemnify and save limitless 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 Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or After the completion of the work. In ease said equipment. or any pan thereof or the intended use of the goods, is insuch suit 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 procure for the Purchaser the right to continue using.said equipment or pans. replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent err bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trastac for any of the Sellers property or'businas, ibis Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofali panics hacunder shall be consented under and governed by the laws ofthe Smic of Coloado, USA. , • The following Additional Conditions apply only in cases where the Sella is to Forferm work hereanda. including the services of Sellers Reprcicnmtive(s), on the premises bfothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sclias own risk until the same is fully completed and accepted, and shall, in ease of any accident. destruction or injury to the work and/or materials before Sellars final completion and acceptance, complete the work at Setter's own expense and to the satisfaction of the Purchaser. When anicrials and equipment arc furnished by others for installation or erection by the Salle, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE, The Seller shall, at his own expense, pros•ide for the payment of workers compensation, including occupational disease benefits. to its employees emploved on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the lams of The state in which the work is to be done The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcatb limits of at least 5300,000 fro any one person, S500.000 for any one accidem and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, irony, to provide for such 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 such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation And insurance expires. The Scllcr agrees That such compensation and insumna 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 and liability for any and all damage, loss or injury cram, kind or nature w1n)MMI'a to persons or property caused by or resulting from the execution ofdW work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of The Purchasers officers, agents and employees firm and against any and all claims. losses, damages. charges or expenses, whether direct or inclined, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contractors officers, agents of employees. In case any suit or other Proceedings shall be brought against The Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors Or any Of its or their officers, agcros or employees as aforesaid, the Seller hereby agrees To assume the defense thereof and to defend the some at 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 employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once use the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contactors shall take all mfi y precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 0312010