HomeMy WebLinkAbout157655 WATTLE & DAUB CONTRACTORS INC - PURCHASE ORDER - 9124933Fort Collins
Date: 09/11/2012
PURCHASE ORDER
Vendor: 157655
WATTLE & DAUB CONTRACTORS INC
102 BEAR HOLLOW RD
LAPORT Colorado 80535
PO Number Page
9124933 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: NATURAL RESOURCES
CITY OF FORT COLLINS
200 W. MOUNTAIN
FORT COLLINS Colorado 80521
Delivery Date: 09/10/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Design/Build Bobcat Ridge
Design/Build per RFP 7406 Bobcat Ridge Historic Rehabilitation
and agreement dated August 27, 2012
9-1%� V�. 0ALLgk �e-
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 LS
95,642.00
Total
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. COMMERCIALDETAILS.
Tax exemptions. By topic the City of Fort Collin is exempt from state and local taxes. Our Exemption Number is
I . NONWAIVER.
98-04501. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Fuilum of Me Purchaser m imist upon strict "harmance of the come and conditions herself, failure or delay to
Inmmal Revenue, Denver, Colorado (Ref. Colmado Revised Stzmtes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herem M by law, failure to prompfy nolify the Seller in the event of a
breach, the acceptance of or payment for goads hereunder or approval ofthee design, shall not release the Seller of
Goods Rrjected GOODS REJECTED due to failure to meet specifiatiads, either when shipped or due m defns of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver army right of the
damage in maruiq may be mimed to you for credit and ate not to be replaced except upon receipt of written
purchaser to insist upon strict performance brour or any of its rights or camellia as to any such goods, mgaMless
instructions from the City militia Collins.
of when shipped, received M accepted, .1 many prior or subsequent default hereunder, nor shall any Foundation
ore[ modification or rescission of this purchase order by the Purchaser operate as a waiver Of any of the toms
Inspection, GOODS arc subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance Receipt of die merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhoriced payment on the part 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 of all applicable required inspecion procedures.
violations are in fact home by the Purchaxx.Theretafne,for good cause and as consideration for executing this
purchase aide,, the Seller hereby assigns to the Purchaser any and all claims it may now have or harafer
Freight Terms. Shipments most be FOB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80533, unless
acquired under Friend or state antimut laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Upemnission is given to prepay freight and charge separairl ,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 Distant Where mandfacmters have distdbuling points in varrimus pans of Me country, shipment is
Iftbe Purchaser directs the Seller, to coned nonconforming or defective goods by.&to in be agreed up on by We
expected from the nearest distribution point to destination, and execs freight will be deducted from Invoice when
Purchaser and the Sella and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaer
shipments core made from greater distance.
may cause the work to be perfmmed by the most expeditious means aysilab[e m it, and the Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sole test all necessary parnats, certificates and licases required by all
applicable laws, regulations, ordinances and rules ofthe state municipality, territory or political subdivision where
the work is perforated, or requirod by any other duly constituted public authority havingjurisdlclion over the work
Of vendor. Seller fords, agrees to hold the City of Fort Collins hnrmlaw from and against all liability .,,it loss
incurred by sham by reason of an asserted or established violation of my such laws, regulolimm, ordinance , roles
and m,ii meets.
Authorization. All parries to this contract agree that the representatives arc, in fact, bond fide and possess fell and
omplete minority, to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the tam,, and conditions stated
herein set forth and any supplementary or additional a., and conditions dam ed hem. or incorporated herein by
reference. Any additional or of Moment tens and conditions proposed by seller me objected 1. and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immadimely ifyi a cannot make complete shipment 1. drive on your
promised delivery date as noted Time is i itM1l essence. Delivery, and pafdrrodnce most be effected within the time
stated on the purchase order and the documents attached hereto. No rein of the Purchasers including, without
limitation, accepanae mirrored late deliveriea, shall operate in, a waiver of Ms provision. In the event orally delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option dfpl.rib, this aide, elsewhere
and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays
due to coos not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such.ds of God, a a. mfoml or military authorities, governmental pricndes,fires, strikes, flood, epidemics, wars or
riots provided door notice of the conditions causing such delay is Given Id the Parchum, within five (5) days of the
time wlsnn line Seller first received kn... led, thereof. In the event Of airy such delay, the date of del ivery sboll be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY,
The Seiler 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 purposes intended, and
performed with the hippest degree of cam and competence in accordance with accepted standards for work of a
similar ramma. The Sells, agrees to hold the purchaser hamlets from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers Intel ofwerranry. The Seller shall replace, repair or make
good, without cost to the purchase,, 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 it. fany applicable warranty provided by the Seller ape, the data of
acceptance of the goods punished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials Finished by tha Stile, Acceptance or use of goods by the Purchaser shall nos
ormiNte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend on all damages proximately caused by Ore breach of any of the foregoing warranties
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.
S. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make day changes 1. the ,emu, other than legal terms, including additions to or deletions from
die quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
clmage affects the amount due or the time ofperrormance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any lime by winner, change order, terminate this agreement as to any or all p.nions of the
goods then not shipped, subject to any equitable adjustment between the parties as many work or =lariats then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmhls on the uncompleted
Portion of the goods and., work, for incidental or ons"Oemial damages, and Me, an such adjustment be made in
favor of the Seller with respect to my goods which am the Sellers standard stock_ No such tennimtion shall relieve
the Purchaser or the Seller crony of their obligations as to any goads delivered hereunder.
>. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within tbiity (30) days fmm the date the change or temunation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrnms that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict
ompliance with all applicable Imes and regulations to which the goods are subject The Seller shall cmatim and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in almaments of this character are hereby incounmted herehi by this reference. The Seller offices to
indemnify and hold the Purchaser harmless from all costs ..it damages suffered by Ne Purchaser as . mark of the
Sellers failure m romply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfeq or convey this order, or any monies due or to become due hereunder without the
prior widen consent ofhe other party.
10. TITLE.
The Sell,, warrams Poll, clear and unrestricted fill. to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of may and all liens, minimums, ruervatims, security interest
encumbrances and claims ofrOsers.
The Seller shall release the Purchaser and its contractors of any tier from ell hand iry and claims of any dnmre
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence Of the any mlensed and shall extend to ,he
directors, oorers and ernployaes offie h party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed Or caused in be performed by the Purchaser.
14. PATENTS.
Whenever Ore Seller is requited to use any design, device, material or process covered by letter, palms, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any end ell claims for infringement
by reason of the use of such paned design, device, material or process in connection with the construct, and
shall indemnify the Pnrchaer 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 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
said 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 parts, replace the same with substantially Out but
noninfringing equipment, or modify it so it becomes noninflinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an ..iperent for the belief, of credilo,, appoint a
or trustee far any of the Sellers property or business, ,his order may forthwith be canceled by the
purchases without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights elf all parties Hereunder shall be
nominated under cad pavcmed by the laws ill State ofColomdo, USA.
The following Additional Conditions apply only in uses where the Seller is to Perform work hereunder,
including the services of Sellers Repasentatimrs), on the premises af.6r..
O. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and
accepauce, complete the work at Shccr's own expense and to the satisfaction of the Purchase, When materials
and equipment are fumiihed by others for installation or erection by the Seller, the Sel lit shall receive, unload,
state and handle same at the site add became responsible Nerefar as though such materials ardor a farmers
were being furrdshed by the Seller under the Order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed an or in cosmetic. with the work covered by this pmodn ac order,
and/or to their dependents in accordance with the laws of ilia state in which We work is del be done. The Seller
ilmll also nary, comprehensive gwrrod liability including, but not limited to, commctusl and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, S5M%000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
eantmeton, if any, to provide for such mmpnwaidn and insurance. Befog any of the Sellers or his co fifinu s
employees shall do any work upon the premises elf.,hers, the Seller shall famish the Purchaser with a certificate
Mal such comparison.. and ius.ranee have been provided. Such artifenta shall specify the dam when all
compensation and insurance have been provided. Such certificates shall specify the dam when such compensation
and insurance expires. The Seller agrees dnt such mmpenimon and ianumnce shall be mainmined mind after the
entire work n completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell,, hereby assumes de entice responsibility and liability for a, and all damage, loss or injury of any kind
or nature whatsoever to pruners or property caused by or resulting from the execution critic work provided for in
this purchase order or in con.ion herewith. To, Seller will indemnify and bold harmless the Purchaser and any
cr all of (],a Purchasers officers, officers, agents and efi&,ees from and agreedd, any slid all claims. I ... a,, damages,
harges or expenses, whether direct or indirect, and whether to persons or property m which the paid haer may
be In, or subject by reason of any act, action, neglect, omission or default on the pan of the Sele,, any of his
contractors, or any of the Seller or contractors officers, agents or employees. In base any suit or other
proceedings shall be brought agniml the Purchasrq o, its officers, agents or employees at any lima an minicar M
by reason of any act, action, neglect, omission or default of the Seller of any of his cantmemrs or any of its or
their i flicers, agents or employees as aforesaid, the Seller hereby agrees to .ssuma Ote defense thereof and to
defend Me same at the Sellers own expense, to pay any and all costs, charges, attorneys fan and other expenses,
any and all judgments that may be incurred by or obtained against the Pu¢heser or any of its or their officers,
agents m employees in such its or other proceedings, and in case judgment M .,her lien be placed upon or
Obtained against the Imagery of the Pualusser, or said parties in or m a result crunch suits or other proceedings,
Me Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller add
his counselors shall take all safety pmanmiam, furnish and install all guards necessary for the prevention of
Modish, comply with ell laws end regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pnrsurn t thereto.
Revised RV2010