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HomeMy WebLinkAbout499821 STRUCTURES INC - PURCHASE ORDER - 9122331 (2)City of PURCHASE ORDER F6rt Collins Date: 04/24/2012 Vendor: 499821 STRUCTURES INC 4 INVERNESS CT E SUITE 250 ENGLEWOOD Colorado 80112 PO Number Page 9122331 1of2 Fhj:,,numbier mustappear invoces, packing and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 04/24/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Troutman Pkwy Crossing 1 LOT LS 1,188,662.06 PER TERMS AND CONDITIONS OF BID 7338 AND AGREEMENT DATED MARCH 28, 2012 z Troutman Pkwy Crossing 1 LOT LS 918,440.33 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 107.122.39 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By station, the City of Fort Collins is exempt fmm suite and local uses. Our Exemption Number is 9g-04501. Federal EscOn Tax Exemption Ccnificam of Borisov M-6000587 is registered with the Collector of Internal Revenue, Heaven, Colorado (Ref. Colaudo Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to moo specifications, either when shipped or due to defects of damage in transit, may be retumN to you ran credit and are net to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fan Collins insection on arrival 11. NONWAWER. Failure of the PumM1aser in insist argon stria Performance of the icons and conditions hereof, failure Or delay to escuriss any rights or remedies provided M1ercin or by law, failure to FormpOy notify the Seller in ,he event of A 'mach, the acceptance of or payment for goods hereunder or approval.fthc design. shall not release the Seller of any of the warm ins or obligations of this purchase order and shall not be deemed a waiver of any right or the Ptncltasm to insist upon suicl perfmmmce hercofor any of in, OEM, or remedies as In any such good, regardless If when bilrye4 re¢ived tar accepted, as m any prior Or mqu bsoce, default hereunder, rem shall any purponed and modification or tevissiom nnhis purchase oNer by be Purchaser upenm as a waiver of any orb, temps motor. Final Acceptance. Receipt of the merchandise, m e r equipment in response to this order can moll in 12, ASSIGNMENT OF ANTITRUST CLAIMS. amounted Payment on the pm of the City of TonCollins. However, it is to be understrxd that FINAL Seller and the Purchaser recognize that in meal economic practice. mcorhar,es resulting fmm antitrust ACCEPTANCEix dependent ureacompletion ofall applicable required inspection prmcdures, violations are in fact born, by the purchaser. Theretofore, for Food cause and as consideration for executing this purcium ordn, the Seller hereby aligns in the Purchaser an and all claims it may nmw have or herca0 r Freight Terms. Shipments most be F.O.U., City of ran Collins. 700 Wood St, Fnn Collins. CO R0522, unless otherwise e,ecifed on Ihis most. Upemiasion is given to prepay ficight and charge sePauhly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted, mm SM1ipmom Distance. Where annfacters have distribion, points in unions Pans of the country, shipment is expected fmm us the trustees disuibu um pmal todmrinnflum and excess freight will he deducted from m Invoice RhinocerosFor, e made fmgmAhe digmce. Pro ins. Seller shall Plane AI sellers snle cast all ate spry ,emits, ccnificame and Remixes required M1y all applicable laws, regulations Ordinances And rules oflbo state, Omnicipsliry, tommry or political suhdivision wbcrc by work is perf.nnwl, or required by any other duly communed public Authorityhaving jurisdiction over the work of venor d. Seller barren Agrees Inv hold the City or Fnn Collins harmless from and against all liability And loss incurred by them by rtm� of an rescued err established %minion of any such laws, regulations, ordinances, rules and requirements. AUHronz non. All panic to this cantina .,or that the represen nfives arc, inL s . [act. bona Fide and rues. fall and m Orglcre aothority I.bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions Ruled herein sat tomb and any supplementary or additional terms and conditions annexedm hs, or incorporated herein by moralreference. Any additional err different moral and conditions propoad by seller are objected to and hereby rejected. 2. DELIVERY. im PLEASE ADVISE PURCHASING AGENT mediately if you cannot macomplete ke c plete shipment to arrive on your promised delivery date as Armed. Time is afthe essrnre. Delivm and performance must be af&cmed nilhin rM1e time stared on the purchase ardor athe dmue mu coached Anton. No Asia of the Purchaser including. with., limitation, acceptance of partial late deliveres, shall operate as a waiver afthis pmvisiom. In the event of any delay. the Purchaser shall have, in addition to mod legal and eqreme dies, edies, the option of placing this oNer elsewhere and holding the Sole, liable far damages. However, the Seller shall I., be liable for damages As a mmR of delays due to causes hest reaamably fmcttmble which arc beyond its reasonable control and aAmur its fault of acgiigome. such acts of God,acts Fct,rJerr military, emlmdlks,Fmtmmemal priorities, tires, mikes, fm4 epidemics, was or rims Provided that notice of the conditions causing such delay is given to the purchaser within fox (5) days of Ibe w time hen the Scller fiat received knowledge moment In the event of any such delay, the data of delivery shall be extended for the period eg0.1 AI he time actually bsl by mason of the delay. 3. WARRANTY. The Setter warrants that all ds, Articles. nsaterials and work covered by this ruderoo mm win will Applicable comings. specification, samples and/or other descriptions given. will be fit for the p obvics intended. and performed wilh.the highest degree of care and em,etence in accordance with accepted standards fur work AIR similar namrc. The Scller agrees to hold The purchaser bamlei from any Iota, damage Or expense which 'he Purchaser cony mffm or incur Fin Amount of the Sellers breach of wamny. The Seller hill mPlme, repair or make good, without cost to the any defects At faults arising within one (1) year or within such longer period of time as may be prescribed by Lie Or by thmarm e lcn of any applicable wny the Provided by the Seller after date of Acceptance Of the Foods famished remand, (ace,canec not to be unreasonably delayed), resulting from roper@ct or dmefntiaivc work done Or nmieri.11 furnished by ure Seller. Ascension or use Of goods by the Purchaser shall not shras A wver of any claim rondo, this warranty. Except as mherai.w pmvidod in This puncher. Ober, 'he Sellers liabilityheeunder shall extend m all damages proximately caused by the breach crony i the foregoing warmman or guaramecs, hot mach liability shell in no event include loss of pmfrs at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchase, may make changes in legal terms by written change o'er, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make Any changes 1. the to.. other than legal Arms, including Additions m m deletions farm the quantities originally ordered in the apecifieatims or drawings, by verbal or written change ale,. if any such change affects the emounl due or the time of erfeamanee hereuder, an visitable adjustment shall be made.. 6. TERMINATIONS. The Purchaser may at any time by w ri en change not comitum this ag eorent as to any or all portions of the nines her not sho,ped, subject to any equitable AEjnstmenl between the ponies as I.m any work or naiala then in payments provided that the PureM1amr shell rem m So liable for any claims for anticipated prefils on the umn'tered Portion of the good Andfor wok, for incidmlal or eonuquetial damages, and that no such adjustment be made in favor of the Seller with merger, to any goods which are the Bottom standard stork. No such nomination shall relieve m ,he Purchaser or the Seller any ofthcir nbbgatici as to any Food delivered haemn M. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asseed within in, (30) days from the date the change inm Icintian is omered. R. COMPLIANCE WITH LAW. no Seller contacts him all panda sold h anon le, shall have ben produced, sold, deliveed and famished in stria compliance with all applicable laws and regulations m which the goods arc subjce. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lairs and regulations required m be ncomomhd in agrecmmAu Of this chnmder in hereby incorpom ed herein by this reference The Seller agrees inm indenify and hold the phonemes him,]. from all costs and damages suffered by the Purchaser as a result of Inc Sol Ica fnilum toom comply with such L w. 9. ASSIGNMENT. Neilho any shall assign, another, err convey This Amer, or any monies due net to become due lurennder wilhnot the ,no, wrinen eviction, or the other tinny. - 10. TITLE, The Seller warrants full, clear And ua stricted lisle to the Purchaser for All equipment, materials, and it.... furnished n performance of this agreement, free and clear Of any and all liens. rcstnctions, rcurvatiare, aceurity interest cneumbrznce, and claims archers. Required under federal or state antitrust laws for such overcharges relating to the particular good or services purch.scd or acquired by the purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimcts the Seller to cancer nonconforming or ddcctive good by a date to be agreed upon by the Purchaser And the Stirlen, and the Seller thereafter indicates its inability or umvillm,ness 1. c.I,T,. the Purchaser may eavae the work uO be Perforated by the moat expeditious means available to I. and IM Seller shall pay All ruts Associmcd with such work. The Seller shall release IM1c Purchaser Rod its contractors of any tin from all liability and claims of Any anutc eadfan, front the performance ormch work. This release shall apply even in the event of fault of negligence of his parry released And shall extend m the directors. officer, read empli scs ofsuch Patty. The Seller's contactual obligations. including uamnt , shall not he deemed In be reduced. in any way, because Rush work is pnfommd Or caused in be perramted by the Purchaser. la. PATENTS. Winamer the Seller is inquired to use any design. doice, material or Process covered by letter. Parent, tradmtark or copyright, the Seller shall indemnify and save M1AmOcss the Puchaser fmm any and all claims fur infringement by reason of the use of such patented design, dot ice material Or process in connection with the contract, and shall indemnify the Pu,cumn for Any cast espemsc on damage which it may be obliged to Pay by neum aferch infringement at any time during the prosecutors or after the completion of the wok. In case said equipmentbr any Mn beat or the intended use of the goads, is in such evil held to constitute infringement and Ibe use of said oquipmcm or pm is enjoined, the Seller shall, at its earn expense and at its option, either procure fur the Purchaser the right to continue using said equipment or pans. replace the tame with subslarrimly equal bar noninfrinFing equipmam, or modiy it An it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrups make an Assignment far the be nfil of mditms, appoiat a number at lmsteC for any of the Sellers pmycrry at business, this not may fmthwitb I e unecled by the Parch.. without liability. 16. GOVERNING LAW. The definitions or tused or the incolomeden ofihe agrecmcor read the right of All names heenode, shall he onstmN code and Fm'emed by the Imes of the Stale ofCclomdo, USA. The fnllmving Additional Conditions apply only in cases wfomnder. here the Seller is to perl work hums including the services of Sellers Representa,ive(s). on the p promises ofothers. 1). SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers man risk until the some is fully cnmpined and Accepted. and shall, in a of any aceident, destruction err injury to the work ansi material, befnte Seller's final mmplelion nod ccepance, enmpine the work at Sellers own expense and to the sensfoctum of the Purchaser. When materials and equipment arc famished by .,he,, for inmoiluion in cre,ion by the Seller, the Seller shall receive, unload. ,into and handle same at the it, and became responsible 1mocf c As though such mUerinis and/or c,quivent were being fbmixbcd by the Seller under the cber. IS, INSURANCE. The Seller ab.l I, at his own expense, provide fur the payment of workers compensation, including occupational disease benefits in its employees employed on or in connection with the work cowed by this purchase order. and%or to their dependents in acemd,nec with the laws of the tram in which the work is to he done. The Seller shall also carry eom'rumnsive ,rnaal liability including, bur III limited to, contract and i uomobile Public liability insurance with bodily injury and death limits of at;caxt 5300.000 fur any one permon. 5500,000 for any caccident and Property damage limit per accident of Se00.000. The Sella shall likewise require his nmcrom, if any, to Provide rot such compensation and insurance. Before any of the alloy or his mnnaanrs employees shall do any work upon me premises of others. the Setter shalt ft ieh the Purchase, xrah A mcifiea e that sueM1 compensation and mmmn a have been provided. Such certificates shall specify the date when such compensation and inmmna have been provided. Such ons i6cates shall specify the date when such compensation and ineurn ee expires. The Seller Agreee that such compensation and insurance shall be, maintained until after the entire work is completed and smoothed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assumes the entire msponsibil it, and liability for any and all damage, Ines o, injury ofeny kind or nature mharrcver to teams or p a,ay caused by in resulting fmm the execution ofthe work provided fur in this purchase rimer or in connection herewith. The Seller will indemnify and hold hamlets the Purchaser and an, r All of the Purchases ofRecrx..gents and employees from and against any and All claims, lasses, damages, charges O, expenm, whether dine a, indirect, and v,both,, to persons m prolerry In wbicb the Purchase, may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Sella, any of his conneclors, or anv of the Sellers Or contractors officers, agents M employees. In ease any suit r, mine, Proceedings shall be hrcugM against the PumbRmn, or its effx,ra,.,.is an employees eI any time on accoum o, by reason of any an,, Actim. Aeglm, omission or default Of the Sells, of any Of his eonmetnrs Or any of its or 'bell bTccn, agents m employees as aforesaid, the Scller hereby .,tees to assume the defense thereof nod m defend the same an the Sellers awn 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 IT their officers. A,cals or employees in such .in, Or Other proseedins, and in ease judgment at other Tina be placed upon IT Obtained againsl Ihe,mpeny of the Prchaser, IT said panics in of as a result of such suits or other proceedings. the Scller will At once cause the same to be diaolved and discharged by giving bonds otherwise The Seller and his contractors shAll tote all safety pnorn mmal. furnish And in will all gr.Aid, neceswry for the m"rem i.n of ecidents. comply oilh all laws and rcgulalions with r,,oil to safety induding but withonr limitation, the Occupational Safety and Health Act If 1970 and all rules and regulations issued purmnnr thercm. Revised 0xQ010