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HomeMy WebLinkAbout493216 CLASSIC CONTRACTORS INC - PURCHASE ORDER - 9115718 (3)City of art Collins Date: 05109/2012 Vendor: 493216 CLASSIC CONTRACTORS INC PO BX 2798 LOVELAND Colorado 80539 PURCHASE ORDER PO Number Page 9115718 102 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 6 Addendum to PO# 9115718 Re -Adding Funds per Lines 2-5 Replaces PO Lines 2-5. 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 EA 9,353.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes.0ur Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 94-WM597 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe moos and conditions hereof. failure or delay to Imcmal Revenue. Dcnvca 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 good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be recurred to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfomance hereof or any of its rights or remedies as to any such goods. regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purported not modification or rescission of this purchase order by the Purchaser operate as a oriver 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 response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understonal that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Pumhascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to thePurchaserany and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaeturca have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to cancer 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 form Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or umvillingness to comply, the Purchaser shipments am made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, wad the Scllef shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pemia, eenificates and licenses required by all applicable laws. regulations. ordinances and roles of the state. municipality, tenhory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins formula. fmm aad against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. coax and requirements. Authorization All panics to this conned agree that the rcprcsentatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance an the toms and conditions stated herein set forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by' reference. Any additional or different terms and conditions proposed by seller arc objected to and hcfehy 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. Dcli%cry and performance must be effected within the time .stated on the purchase order and the documents attached harem. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplaeing 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 foreseeable which arc beyond its reasonable corral and without its fault ofnegligence, such acts ofGod, acts ofcivil or military authorities, governmental priorities, fires, 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 Seller warrants that all goods. 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 pnrPoses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ines. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr 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 Inv or by the terms of any applicable wamnty provided by the Seller o0cr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a omivcr ofany claim under this wamnty. Except as othens sz provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liabilityshall in no event include loss ofpnoth, 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 terms, including additions to or deletions main 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 ofperfomanee httcundcr, an equitable adjustment shall be made. fi. TERMINATIONS. The Purehaxer may at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment between the parties 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 respect to any food which are the Scllcrs standard struck. No such fermi nation shall rel icvc the Purchaser or the Seiler of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within chi" (30) days Four the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler wamnts that all grads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable lasts 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 be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purvhnscr as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE, The Seller warn no; full. clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement. free and clear of any and all lice, restrictions, reservations, security interest eneumbmnees and claims of others. The Seller shall release the Purchaser and its committers of any tier from all Iiabi lity 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 extend to the it nectars. officers aad employees of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser main 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 indemnifythe Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined. the Seller 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 noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankrupn make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business, this order may fonhvvith be canceled by the Perchne, without liability. 16. GOVERNING LAW. The definitions oftcons used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constraed under and govcmed by the laws ofrhe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcramder, including the services of Scllcrs Representalive(sk on the premi es of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the came is fully completed and accepted, and shall, in case of any accident, destruction or injury to the stork and/or materiels before Seller's final compleion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Porchoser. When materials 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 Scllcr under the order. 19. INSURANCE. The Seller shalt 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. anllor to their dependents in accordance with the laws ofrhe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commclual and automobile public liability inxu mew with brahly injury end deatb limits of at least S300,000 for any one pc on. S500.000 for any one accident and property damage limit per accident of 5400.0(1). The Seller shall likewise require his contractors, if any, 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 furnish 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 cer ificma shall specify the date when such compensation .ad insurance expires. The Scllcr 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 nsmmcs the entire responsibility and liability for any and all damage, loss or injury office kind or nature a,hro ewer to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection hvcwith. The Seller will indemnify, and hold harmless the Purchaser and any or all of the Purchasers officers. 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 or subject by reason of any act, action, collect. omission or default on the pan of the Scllcr, any of his contactors. or any of the Sellers or contactors officers, agents or 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 al. 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 ddcnsc thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anameys 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 of the Purchaser. or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcm isc. The Seiler and his contactors 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 Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010