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HomeMy WebLinkAbout493216 CLASSIC CONTRACTORS INC - PURCHASE ORDER - 9115718 (2)City of F6rt Collins Date: 05/02/2012 Vendor: 493216 CLASSIC CONTRACTORS INC PO BX 2798 LOVELAND Colorado 80539 _all&41:LI+MelL11 7 PO Number Page 9115718 1o12 This number must appear on all invoices, packing slips and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS Colorado 80524-2 Delivery Date: 09/30/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Addendum to PO# 9115718 1 LOT EA Adding Funds Removed fromLinel due to Line balance Account Number change for 2012. 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 Invoice Address: 4,603.00 $4,603.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teals and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-0-1502. Federal Excise Tax Exemption Cer iOeate of Registry 94-60M597 is registered with the Collector of r1dan' Of the Purchaser m insist upon strict performance of the terms and conditions hereof, fiihrrc or delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Smmtes 1973. Chapter 39-26. 114 (a), exercise am, rights or remedies po,, ded herein or by Inv, failure to pmntptly notify the Seller in the event of a breach. the acceptance of or payment for good, hereunder or approval of the design. shall not Mcusc the Seller Of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wammics or obligation, of this purchrse onler and shall not he deemed a v,niver of any right of the drearge in transit. may be rehrncd to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercoforuny of its rights or remedies as to any such prod, regardless instntetion, room the City of Fort Collins. of when shipped, received or accepted, as to any pnnr or subsequent default hereunder, nor shall any purported oral ntodiflotmn or rescission of this purchase order by the Purchaser operate as a emver of any of the terms Inspection, GOODS arc subject to the City ofFort Collins inspection on arrival. hereof. Final Acceptance Receipt of the meechandia, services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be andcmanod that FINAL Seller and the Purchaser recognize that in aeheal economic practice. Overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proeec oes. violations arc in fact borne by the Pnrchascr. Tleremfm,, for good cause and as consideration for executm, this purchase order, the Seller hereby assigns to the Purchnscr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.IL. City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless acgahocl under federal or state antimest laws for such overcharges relating to the particular good or services otherwise specified on this order. If pnmission is given to prepay- freight and charge separately, the original freight purcbnud or acquired by the Purchnscr pursuant in this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manutacmmn have distributing points in various pans of the country, shipment is expected from the nearest distribution print to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Per nnit, Seller shall pmeure at sellers sole cost all ncecnmy Ferrous. certificates and licenses required by all applicable laws, regulations. ordinances and ales rf the state. municipality, territory Or political subdirisinn where the work is perfomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler fouler agrees to hold the City of Fort Collins harmless Form and against all liability and loss inenned by them by reason of an Osscancd or established violation crony such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, burn Fide and posses, fidl and complete mahomy to bind mid panics. LIMITATION OF TERMS. This Pmxhase Order cxprcc,ly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or ineorpOmted herein by reference. Any additional ordiffcrcat toms and conditions proposed by seller arc 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 of the essence. Delivery and performance most he effected within the time stated can the purchase order and the documents attached hereto. No acts of the Purchawn, including, without limiutinn, acceptant, of partial late deliveries, shall operate non waiver ofthis pmrision. In the event ofany delay. the Purchaser shall have. in addition toother legal and equitable remedies, the option ofplacing this order clscevherc and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result cf delrys due to causes not reasonably fmrc cahle which am beyond its reasonable control and without its fault nfncgligence. such acts of God, acts ofeivil or military:nuhoritics, gmemmental priorities. Fires, strikes, Flood, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchnscr within five 151 days of the time when the Seiler first received knowledge thereof In the event ofany such delay. the date cf delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all grads, amides, materials and work covered by this order will conform with applicable drawings specifications, simples anchor 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 r similar nature, The Seller agrees to hold the purchaser harmless fmm any Inss, damnge of expense which the Purchaser may suffer or incur on account Of the Sellers breach of mammy. The Scllcr sholl 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 he prescribed by law or by the terms of any applicable warranty pmvidcd by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be emytoonnbly delayed), resulting firm, imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver ofany claim tinder this wamnly. Except as otherwiw provided in this purchase order. the Sellers liability hereunder shall extend to all damages pmximatcly caused by the beach ofany of the foregoing wamatics or guarantees but such liability shall in no event include loss of profits 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 TMIS. The Purchaser may make any changes In the Items, other than legal terms, including additions to or deletions front me uxutirio, mi,inany ordered in he speeificanon, or draw in,,. by .,rhnl n ,enm dran,e Order. If any a ch change affects the amount due or the time of pnformance hereunder, an equitable adjustmentshall be made. 6. TERMINATIONS. The Purchaser may at any time by written change mde , terminate this agreement as to any or all portions Of the ,nods then not shipped, subject to any equitable adjustment between the panics n, many work or materials then in pmgress pmvidcd 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 emscq... tial damages. and that can such rdiu,FFwm be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such temtiummo shall rclie,e the Pmxha,cr or the Seller ofany of their obligations as to any goons delivered hcreundtt. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he assened within thirty (30) days From the date the change or terrommino is Onlcrcd. S. COMPLIANCE WITH LAW. I he Seller warms that all good sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regadations to which the goods are subject. The Seller shall execute and deliver such documents as may he rcquircd to effect or evidence compliance. All laws and regulations required to be inenrpnmtcd in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser h rmdrs5 from all amps and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey This order, or any monies due or to heenmc due heretmdcr without the pnnr wnuen consent of the other party. 10. TITLE. The Seller warrant, full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in perfommnce of this agreement, free and clear of any and all liens. restrictions rescr anions, security, interest cneumbmnecs and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchnscr directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Pumbascr and the Scllcq and the Seller thereafter indicates its inability Or amwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such wmk. The Seller shall release the Purchnscr and its contractors of any tier from all liability and chums 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 extend to the directors, of iccrs and employees of such party. The Seller's cnntmctual obligations, including w:amnw, shall not be deemed to be rvducal, in any way, beeansc such work is perfomaed or caused to he performed by the Purchaser. 14. PA I'f:NTS. Whenever the Scllcr is rcquircd to use any design, device, material or process cnvercd by letter, patent, trademark or copyright, the Seller shall indenmify and save hapless the Purchaser from any and all claims for infringement by rensmt of the use of such patented design, device, material or pmeess in connection with the contract, and shall indcnva ify the Purchnscr for any cost. expense Or damage which it may be obliged to pay by reason ofinch infriagcmayet at any time during the prosecution or ancr the completion of the work. In ease said cquipntcnt. or any part thercol or the intended use of the goods, is in such suit held to constitute infringement and the use of .said equip ntcut or pun is enjoined, the Seller shall. at its Own expense and at its option, either procure for the Purchnscr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it hceomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or hankmp, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers ImaNny or business, this order may Forthwith be canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The definitions ofteps used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed under and,owemed by the laws of the Store of Colorm n. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Sellers Repmsentative(s), on the premises of nthers. 17. SELLERS RESPONSIBILITY. l'he Seller shall carry on said work at Seller's own risk until the lime is fully completed and ncecpmd, and shall. in case of any accident, destruction or injury to the work anchor materials before Se ce, final completion and acceptance, complete the work at Scllcrs tarn expense and to the satisfaction of the Pnrchascr. When materials and equipment are furnished by others for installation or erection by the Seller. the Seiler 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 enter. IS. INSURANCE. The Seller shall. at his own expensepmvidc for the payment of workers compensation. including occupational disease hencfits. to its employees employed on car in connection with the work cnvercd by this purchase Order. and/or to their dependent, in accordance with the laws of the state in which the work is to be done. The Scllcr shall also cony comprehensive general liability including, but not limited to, contractual and automobile public liability nisi ....... with b- ily iajortt and death limim of un least SIO(F000 for any one person, S500.000 for am' One accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, it any. to provide for such conapensmien and insurance, Before any of the Scllcrs or his contractors employees .shall do my work upon the premises Of mhos, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Stich certificates shall specify the date when such compensation and insurance have been provided. Such ect ifieates shall spcei( the date when such compcomtion and insurance expires. The Scllcr agrees that such compensation and insum me shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr berchy assumes the entire rrs,Fmoihility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or pmpeny canned by or resulting from the execution ofthe work pmvidcd for in this purchase Onier or in crnnectirn herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchnscr, onierm agents and employees from and against any and all claims losses, damages, charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser may be put r ...hire, by reason n of any act, action, neglect, omission or default on the paof the Seller, any of his contractors, or any ofthe Sellers or contractors of icem, agents or employees. In case any snit or other pmeecxlings shall he 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 ofany of his contractors or any of it or their ulLccm. agent Or employees as aforesaid, the Seller hereby agrees to assume the defense Iherenf and to defend the lime at the Sellers own expense, to pay any and all costs, charges, tommeys 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 p ececdings, and in case judgment or other lien he placed upon or obtained against the pmprnp of the Pum ro,cr. Or said panics in or as a result of such suits 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 take all safety prccruilims, furnish and install all guards necessary for the pmvention of accidents, comply with all laws and regulation with regard to safety including, bum without limitation, the Occupational Safety and Health Act of 1970 and all n les and regulations issued pit rsnant thereto. Revised 03/2010