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HomeMy WebLinkAbout535452 SUDBECK COMPANY INC - PURCHASE ORDER - 9141683PO PURCHASE ORDER 914168er Page CI�/ of PURCHASE 41683 ' °' z ' `t Collins/ his number must appear ` V 1 1 on all invoices, packing sli s and labels. Date: 03/21/2014 Vendor: 535452 Ship To: OPERATIONS SERVICES SUDBECK COMPANY INC CITY OF FORT COLLINS 1763 CADDOA DR 300 Laporte Avenue LOVELAND CO 80538 Building B FORT COLLINS CO 80521 Delivery Date: 03/20/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 220 North Howes 1 LOT LS 27,692.32 Remove section of block at south exterior wall and install 10' x 10' OH and 3070 walk door. Remove existing storage room and frame new walls to create space for FC Bikes and File storage with added doors as Der clans dated 2/28/14. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 $27,692.32 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax examinants. By mature me City of Fort Collins u exempt from state ad local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 u registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtce 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in traron, may be returned to you for credit and are not to be replaced except upon receipt of written instructions fmm the City of Fan Collins. Inspection. GOODS are subject to the City affair Collies imprstion on ariwl. Final Acceptance. Receipt of the merchandise, somice, or cquipmo.t in response ,o this order an result in authorized paymat on the pow of the City of Fan Collbs. However, it is to be, amartiwd Nat FINAL ACCEPTANCE is dependent upon completion of all applicable required iupection pmcedur«. Freight Tams. Shipmems noun be F.O.B., City of I. Collins, 700 Wood St., Fiat Collins, CO 80522, unless otherwise specified m this order. if pesmissioa is given to Factory freight and charge separately, the original freight bill must accompany invoim. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to drounatinn and excess freight will be deducted from Invoke who. shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ecrtificat« and licenses required by oil appl iable laws, regulations, oNiwtca and rates of the state, municipality, b r cry or political subdivision where the work is Forformed, or mutant by any other duly constimted public authority having jurisdiction over the work of vendor. Seller firmer ogre« or hold the City of Fort Collins harmless from and against rill liability and loss incurred by them by reason of an asserted or «mblished violation army such lows, regulation c ordinances. roles ad carcinomata. Authorization. All parties to this contract agree Out the represenutiver art, in fact, bony fide and possess full and omplem authority to bind said Freiew. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions Mired herein set forth and any supplementary or additional temp and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to mnve an your promised delivery date as noted. Time is of the c ocism. Delivery and performance most be effected within the time stand on flue purchase color end the documents ananhd hereto. No acs of the Purchasers including, without limitation, acceptant, of panial lam delivenes, shall comma as a wailer of Nis provision, In Ne event, of any delay, the Purchase, shall have, in addition a other legal and ryuimble remedies, the option of placing Nis order elsewhere and holding me Serer fable for damages. However, due Sella shaft act be liable for damages as a result orcielays due to causes not seasonably foresecab[e which are beyond is mossorable control and without is fault ofnegligence, such acs of God, acts of civil or military authori ies, governmental Frontier, rates, strikes, flood, epidemic, 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 me event of any such delay, the date of delivery shall be extended for due paiod April to the time actually last by reason of the delay. 3. WARRANTY. The Seller wmrans that all goods, articles, mvcriau and work covered by this order will crnfom with applicable drawings, spaifccanons, complex adur other danermhons given, will be, fit for the purposes intended, and performed with the highest degree of cart and comp came in accodance with accepted vandards for work of a similar nature. The Sella spaces to hold the purchaser harmless f my loss, damage or expense which the Purchucr may suffer or war on account of the Sellers breach of wmmnry. The Seller shall replan, repair at make gawk without ant to the pcomhan, my defects err faults ansing within me (1) year or within such longer penal of time as may be prescribed by law or by the to. of my applicable wamanry provided by the Seller after me date of acceptmre of the goods famished hereunder (aecepurnt, not to be mreasombly delayed), resulting form imperfect or defective work done or maii famished by the Seller. Acceptance or tie of goods by me Purchaser shall roc constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits err loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHA Lt. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to toga term by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tears, wrier man legal terns, including additions to m dolmans fmm the quantities continually orderetl in the toomficaliom or drawings, by Art or written change ardor. If my such change affects the amount due err the time of per(osma hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. no Purchaser may at any, time by wren ch n, curve, nominate this agreemom as Ir any, or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on me uncompleted portion of the gods mNor work, for incidental or conservational damages, and that no such adjustment be made in favor of the Seller with .,a, 10 any Stir& which are the Sellers woodland stuck. No such manc cation shall relieve the Purchaer or the Seller of any of their obligations u to my goods delivered hertunda. 7. CLAIMS FOR ADA STMENT. Any claim for achromium must be asserted within thirty (30) days from the date the change or combustion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heremder slid[ have been produced, sold, delivered and banished in strict art,h rice with all applicable laws and rogulatiaas to which the goods are subject. The Seller dual execute and delivor such documents as may be required to offer., or evidan compliance. All laws and oplatimns required to be, ncrryorsted in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser answers fmm all cost and damages suffered by the Purchaser or a result of 'he Sellers failure to comply with such law. 9. ASSIGNMENT. Neither From, shall cosign, transfer, or convey this order, or my series due or to become due hereunder without the prior wdna cement ofine other party. 10. TITLE. The Seller warms lol[, clear and unrestricted title to the Pumbasor far dl expvipment, mmenals, and it. famished in perrommce of this agreement, free and clam of my and all lieu, restriction, reservations, security interest encumbmcos and claims of others. 11. NONWAIVER. Failure of the Purchaser m insist upon strict pedbnusnce of the toms and anditiou hereof, failure or delay to overrun any nghu or comedies provided herein or by law, failure to promptly more the Sella in the event of a breach, the acceptance of an payment for goods her anda or approval ofthe design, shall not release the Sella of any of the warranties or obligations of this purchases order and shall not be dared a waiver of any right of the purchaser to insist upon strict performance horeofor any of its rights or remedies w to any such'nods, repalias of when shipped, received or accepted as to any prior or wasso ent default hereunder, nor shall any pmponed oral modification or reuissim of this purchase, order by the Purchaser opemm as a waiver of any of the toms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Trachoma mcognin that in xtual economic practice, overcharges resulting firm, mtimat violmio« are in fact home by the ParchThrm sser. eofore, forgoodwoes and «consideration for executing Nis purchase order, the Seller hereby assigns to We Purchase any end 01 claims it may now, have or hereafter, squired under federal is, sate .,,.I laws for such osxrcharg« relating to the particular goads or service pochased or acquired by the Purchaser pursuant to Nis pmrchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to tonal nonconforming or defective goo& by a date to be agreed upon by the Purchaser and the Seller, and the Seller therawor indicates its inability or unwillingness to comply, the Purchaser may no. the work to be perfumed by the mast expedaman, means wadable m it, and the Seller shall pay all casts associated with such work. The Seller shall release me Purchaser ad its contractors of any tia from all liability and claims of any mture resulting from me performance of such work. This release shall apply even in the event of fault of im liga e, of the parry released and such extend as the direcmrs, officers and employees of such pmry. no Sellers command obligmions, including warranty, shall not be doomed to be reduced, in any way, because such work is performed or caused to be perfrmed by the Producer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, proem, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such pamnmd design, device, Material or process in connection with the contract, and shall indemnify, the Purthuor for any cost, expense or damage which it may be obliged to pay by reason crouch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or my part thereof or the intended use of the Soul, is in such suit held to commum infringement and the, rue of said aspiparent or paw is enjoined, the Sella shall, at its own expense and an its option, either procme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially export but noMmfiM,Wg equipmmt, or modify it as it becomes mninfringing. IS. INSOLVENCY. If the Sella shall became insolvent or backmpa, make an assignment for the benefit of creduars, appoint a receiver or taste,an for y of the Sellers property or business, this order may fanhwith be canceled by Nc Purchaser without liability. 16. GOVERNING LAW. The definitions of testes rood or me momentum ofor e agreement and the rights of all ponies hereundershall be commed now sand g nomed by the laws of fe Save ofCobmdo, USA. Tltc following Additional Conditions apply Andy in cues where Ur. Sella is m perform work hereunder, including fire sonic« of Sellers Represenative(s), on the pmniscs crouton. ❑. SELLERS RESPONSIBILITY. The Sella shall arty on said work at Sellers own risk anti] me snore is fully completed and am ptak and shill, in use of my accident, d«trvetion or injury to the work and/or awards before Sellers fiusl completion and acceptance, complete to work at Sellers own expense and to the consfactim of Ne Purchaser. When mmerials and aluipmrnt are lomish d by others for immllmion or erection by the Sella, on Sella shell receive unload, store and handle came in the site and boss ome responsible therefor as though such materials amour equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymenl of workers compensation, including occupational disease benefcs, to its employees employed on or in connection with Ne work covered by this purthuse order, and/or to Wev depeMmts in accordance with rise laws of the sure in which the work u to be done. The Sella shot[ vim carry comprehensive general liability including. but not limited e, ewntracnul and automobile public liability insurance with bodily injury aM death limits of on least 5300,000 for my one person, 5500,000 for my oaccident and property damage limitas per ciden, of 5400,0110. The Sella sbdl likewise, require his ontrecmrs, if my, re, provide for such compensation and insurance. Before any of the Sellers w his cmamctars employees shall do my work upon the premises ofoNers, the Sella shall furnish the Purchaser with is cenif ere that such comp rmation and insurance have been provided. Such artifem« shall meaty the dam when such compensation and insurance have boon provided. Such conflates shall specify the date when such compenation 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 Sella hereby ass es the entire responsibility and liabilityfor my and all damage, loss or injury of my kind or name whatsoever to persons or proporry aund by or resulting from me execution ofthe work provided for in this purchau rotor or in connection herewith. The Sella will indemnity and hold harmless the Purchases and my or all of rise Purchasers officers, agents and employees fmm and against my and all claims, losses, damages, charges m espouses, whether direct m indiach and w'hahes to peroas or property to which me Frrehuea may be pm or subject by reason of my act. action, neglect, omission or default on me paw of the Sella. any of his ontmctors, or my of the Sellers or contactors officers, agars or empkiyas. In can my suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employes 9 my time on account or by reason of any at, action, neglect, omission or default of me Seller of any of his contractors or any of its or their incers, .,anti or employees as aforesaid the Seller hereby ogre« to assume the defense thereof and to defnd the same at the Sellers own expense, m pay any and all costs, charges, womays fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other prmeedings, ad in case judgment or other lien be placed upon or obtained against the property tribe Purchaser, or said parries in or as a result of such suits or other proceedings, me Sella will at ran cause the same to be dissolved ad discharged by giving bond or otherwise. The Seller and his contractors shall take all may premiums, famish and ivall all guards necessary for me pmeation of uccide s, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pars. therms. Revised 03R010