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HomeMy WebLinkAbout493216 CLASSIC CONTRACTORS INC - PURCHASE ORDER - 9116144PURCHASE ORDER PO Number Page City Of///��� 9116144 1012 t Collins This number must appear on all invoices, packing slips and labels. Date: 03/0712012 Vendor: 493216 Ship To: PARK MAINTENANCE CLASSIC CONTRACTORS INC CITY OF FORT COLLINS PO BX 2798 413 S BRYAN LOVELAND Colorado 80539 FORT COLLINS Colorado 80521 Delivery Date: 10/19/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Change order 1 1 LOT EA 1,769.00 3 Change order 2 1 LOT EA 1,518.00 4 Change order 3 1 LOT EA 1,333.00 Total $4,620.00 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 ll, 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 Purchase Order Tcnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Certificate of Registry 94-60110587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, tither when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS me subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon stria performance of the tans and conditions hereof, failure or delay to exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthc design. shall not release the Seller of any of the wamatics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hvwforany of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral motlificatino or rncission 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 ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort 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 ofall applicable roquimd inspection procedums. violation are in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may now have or herea0cr Freight Terms. Shipments must he F.O.B.. City of Fen Collins. 700 Wood St.. Fort Collins. CO 80522, unless acquired order federal or state antitrust Imes for such overcharges relining to the Particular goods or services otherwise specified on this order. If permit inn is given to prepay freight and charge separately, the original freight purchased err acquired by the Punhuser pursuant to this purchase order. bill must aecompnny invoice Additional charges for packing will not be acccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where mznufacturcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to he 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 thercaficr indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available no it, and the Scllcr shall pay all costs associmcd wish such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by nay other duly constituted public authority having jtinsdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations ordinances, mles and requirements. Authorizmion. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete mationty no bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein seal forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are ohjected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment no arrive on your promised delivery date as noted. Time is ofthe essence Delivery and performance most be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any dela , the Purchaser shall have, in addition to other legal and equitable remedies, 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 fansweable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities governmental priorities. fires strikes Rood. 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 recci,cd 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 ofthc delay. 3. WARRANTY. The Seiler warrants that all Foods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples endlor, other descriptions given, will be fit for the purposes intended, and Perfumed with the highest degree of care and compemnee in accordance with accepted standards for 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 of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any dcfccts or faults arising within one (I) year or within such longer Period of time as may he proscribed by law or by the terms ofany applicable warranty Provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver Many claim under this wamumv. Except as otherwise provided in this purchase order, the Scllers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wi mantics or gun matecs, but such liability shall in no event include loss ofprofits or loss ofuse. 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 tents. other than legal terms, including addition to or deletions from the quantities originally ardered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofpcifx- ante hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhoser 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 hcnvcca the panics as to any work or materials then in prongsv provided that the Purchaser shall not be liable for any 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 Seller with respect to any gilds which are the Sellers standard stack. Nu such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must be nssened within thirty (30) days from the date the change or termination is ordered. g. 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 good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hnmdcss from all costs and damages suffered by the Purchaser ns a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, nanfcr. 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 wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perforancc of this agreement free and clear of any and all liens restrictions, resen:ations, security interest encumhmnces and claims of others. The Seller shall release the Purchaser and its contractors of any tier 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 parry released and shall extend to the dimmers, officers and employees of such party. The Scller's contractual obligations. including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he pnfomed by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design device, material or pmecss covered 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 such patented design, device, national 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 err after the completion of the work. In case said equipment, or any pan thereof or the Intcndal use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and it its Option. either procure for the Purchaser the right to continue using said equipment Or pans, replace the same with substantially equal but noninfringing equipment. or ramlify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt. make ern assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllers property or business, this order may fonhwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions oftems used Or the interpretation oftlm agreement and the rights ofall panics hereunder shall be controcd under and governed by the laws ofthc State ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Reprcsentaflec(s), on the premises ofmhcrs. It SELLERS RESPONSIBILITY. The Scllcr shill carry on said work at Seller's own risk until the same is fully completed and acccptcd, nod shall, in case of any accident. destruction or injury hs the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When menials and equipment are furnished by others for installation or erection by the Seller, 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. 19. 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 In 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 mnomobile public liability insurance with bodily injury and death limits afar least 5300.000 for any one person. S506.000 for any one accident and property damage limit per accident of S460,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his eontmdors employees shall do any work upon the premises of uthm. the Seller shall furnish the Purchaser with a ect ificate drat such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Stich 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 Scllcr hereby auvmcs the entire responsihiliry and liability for any and all damage, lessor injury ofany kind or nature whatsoever to persons or property istowd by or resulting from the execution ofthc work provided for in this purchase underarm connection herewith. The Seller will indemnify and hold harmless the Purchnscr and any r all of the Purchasers officers, agents and employees from and against any and Al claims. Inscs, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchaser may be put or subject by mason of any act, action. neglect, omission or default on the pan Mote Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In east, 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 Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the satirical the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other pmcccdings, and in case judgment or other lien he placed upon or obtained against the pmpeny of the Purchaser. or slid panics in or as a result of such suite mother proceedings, the Seller Will al once cause the same to be disselvcd and discharged by giving bond or othenise. The Seller and his contractors shall take all safety 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 Safcm and Health Act of 1970 and all idea and regulations issued pursuant therein. Revised 03/2010