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HomeMy WebLinkAbout537598 BELAIR SITEWORK SERVICES - PURCHASE ORDER - 9142898Fort of Date: 05/21/2014 Vendor: 537598 BELAIR SITEWORK SERVICES 7630 DAHLIA ST COMMERCE CITY CO 80022 PURCHASE ORDER PO Number Page 9142898 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 05/21/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I INV 19295 Foothills Mall 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 1 LOT LS Total Invoice Address: 6,145.00 145.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tare exemptions. By statute the City of Pon Collins is exempt Eum ,are and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifieale of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denser, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (M. Oman, Repaxo d. GOODS REJECTED due to failure to .,at specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of women natatorium, from the City of Fan Collins. Inspection. GOODS arc Subject o the City of Fort Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this Order can result in authorized payment on the part Of the City of Fort Collins. However, it is to Ne understood hard FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection pmccdmes. Freight Terms. Shipments must be F.O.U., City of Fort Calif., 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. Irpermission is given to prepay freight and charge separately, the original freight bill most accampany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in us parts of the country, shipment is expected from the protest distribution point 1. domination, and expires fight will be dedumed from Invoice when Shipments are made from parsom, distance. Permit_ Seller shall prince at sellers sale cost all necessary permits, sanitarian and Respect required by MI applicable laws, regulations, Whim s and ales of the State, municquipy, tertiary or political subdivision when the work is Performed, or required by any other duly mndimted public authority leaving jurisdiction over the work of vendor. Seller further agrees to hold the City of Ford Collier harmless frvm and against all liability and loss by them by reason of an asserted or established violation of any such laws, regulation, indications c, rules amounted d naminament, Authorization. All panics to this smarten agree that the representatives are, in fact, bona tide and possess full and complete minority Ira bind said parties. LIMITATION OF TERMS. This Purchase Order e,ippesst, limit aace,paue m me 1. and conditions sited herein sen forth and any supplementary or additional man and conditions aanexed harem or incorporated herein by reference. Any additional or different temp and conditions pmpaxd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGIiNT immediately if you cannot make complete shipment to .arrive on your promised delivery date as noted Time is of the essence. Delivery and performance must be cheated within the time stated on the purchase order and the dwmnenn atamed hereto. No acts of the Pumh cn including, without limitation, acceptance of partial late deliveries, skill Operate as a waiver of this provision. In the event Of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Serer liable for damages. However. the Seller shall not be fable for damages az a result of delays due m causes not ceaonably foreseeable which are beyond in reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmnnal prionlies, fires, strikes, noes, epidemics, wars or ricers provided that police of the conditions causing such delay is given m he Purchaser within five (5) days of Ilse Time when the Seller first received knowledge thereat In the event of any Such delay. he dote of delivery shall be extended for the period equal to the time actual ly lost by reason Of the delay. 3. WARRANTY. The Sever wamants But all gads, articles, materials and work covered by this order will conform with applicable, drawings, specificalions, sample mWor other descriptions given, will au fat for the purposes norms , and performed with the highest degree of care and rompmence in accurdantt with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser kirmlass from my loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of ammanty. The Seller shall repine, 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 law or by the terms of any applicable waaamy provided by the Seller after the date of acceptance of the guests famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not ominum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereonda shall extend to all damages praximmely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no at 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 Purchaer may make changes to legal teas by Main change order. 5. CHANGES IN COMMERCIAL TERMS. The purramer may make any changes to the ta—. ocher Oran legal terms, including whinimu or or deletions fmm the 9examines originally oNermd in the S,peficatiom or drawings, by verpM or warmen change order. If any such mange alTects the amount due or the time nfperinrmantt hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al my time by write. change Order, te,minme tlus enmemmm as ro any or all poa sorts of the good then not shipped, subject to any equitable adjustment between the parties an to any work err materiah'him in progress provided that the Purchaser shall Out be liable for any claims for anticipated pare in on the uncompleted Portion of the good anNor work, for incidental or mrsenuential damages, and that no such kijlntment he made in favor of the Seller with respect m any goods which art the Sellers standard stick. No such temtinatiou shall relieve the Purchaser or the Seller of any Mtheir obligations as or any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment inn be asserted within thirty (30) days boom the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wananu dent all good sold hereunder "I lave been produced, sold, delivered said Furnished in strict compliance with ail applicable laws and regulations to which'h. good are subject The Seller shall execute am deliver such documents as may au nNume! to aides, or evidence compliance. All lawn and regulations required m he moryomted in agreements of this character sup hereby incopomted herein by this reference. The Seller agrees to indemnify and hold the Proclaim, hamdess from all cosh and damage suffered by the Purchaser as a mull of One Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry fault assign, Immfe, or convey this Order, or any monies due or to become due hereunder without the prim wrium consent of the other parry. 10. TITLE. The Seller warants full, claim and unrestricted line rut the Purcham for it oil—, materials, and items remained in Performance, of this agreement fare and clew of any and all urns, restrictions. reservations, Security interest encumbrances and claims troffers. 11. NONWAIVER. Failure of the Purchaser m insist neon strict performance of the Oman and conditions hereof, failure or delay to any rights or r.medies provided herein or by law, failure to promptly naify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not releae the Seller of any of the warmmin or obligations of this purchae, order and shall not b, deemed a waiver of any right of the Purchaser to insist upon strict performance initiator y of in rights or remedies as m any such good, regardless of when shipped, reu ived or xcepled, as te any prior or sub opmat default hereunde5. shall any pmForted mM madifcation or mention of this purchase order by the Purchaser operate as a waiver of any of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual eco omic practice, overcharges resulting from arm=, viohvions are in fact Nome by the Purchaser. Theremfocenfor good cause and as consideration for executing this putehase order, the Seller hereby assigns to the Purchaser any end all claims it may now have or hereafter acquired under federal or sure summit laws for such overcharges taking to the particular goads or services purchased or acquired by the Purchaser pursuant ro this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and Ore Seller thereaner indicates in inability or unwillingness to comply, the Purchaser may cause the ..,it IO he performed by the most expeditious means available to it, and the Seller shall pay all costs associmed with such work. The Seller shall relcix dic Purclessm and its summation of any tier from all liability 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 Four released and shill extend to the directors, officers and employees of such party. The Seller's contractual obligations, including waranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purslane. 14. PATENTS. Winumverthe Seller is required muse any design, device, material or process covered by letter, p tear, imdemmk or copyright, the Seller shall indemnify and Save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, maeral or moress in connath. with the contact and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason Of such infringement at any time during the prosecution err 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 hold to annotate infringement and the use of said equipment or pan is enjoined, the Seller shall, ar is own expense and at its option, either procure for the Purchaser the right to continue using Said equipment or pans, replay the Saone with substantially equal bur naninfringing equipment, or modify it So it becomes noninGnging. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, optimal a receiver or trustee for any of the Sellers property or business, this order may forthwith be canxled by the Parchment wihom liability. 16. GOVERNING LAW. The definitionsof team usedor the imcrpreration of the agreement and the nghn of all panda hmortMer shall M construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hmmder. including the services mf SellersRepresenative(s), oa the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, n can of any accident, destruction or injury to the work audtor malenals before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of line Purchaser, When materials and communist are famished by others for installation or motion by f Seller, the Seller shall ceceive, unload, store and handle sax at the site and become responsible therefor as though such materials andlor equipment Mere being fumishcd by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including swwpational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, and'or ro their depend... in accordance with the laws of the spite in which the work is m be done. The Seller shall also carry comprehensive Parent liability including, but not limited to, contactual and automobile Public liability insurance with bodily injury and devh limits of at learn 53Wmig) for any one person, 550 ,000 for any one accident and Implicitly damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such exponentiation and minconce. Philip, any of me Sellers or his confuractors employees shall du any work upon the premises of others, the Seller shall famish the Purchaser with a certlfcme that such compensation and insurance have been provided. Such cenilicmes shall specify life date when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such campeasatlon and insurance shall be maintained until after the entire work is mmplerd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and hol,iliry but any end all damage, loss or injury of any kind or nature whancever to persons or property caused by or resulting from the execution ofthe work provided for in Ibis purchase order or in connection herewith. The Seller will indemnify and hold Stainless the purchaser and any r all of the Purchaen officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indiren, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan Of the Seller, any of his contractors, or any of the Sellers or contractors 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 craw. of any not. ¢bon, xglaer, omission or defauh of the Serer of any of his cummdors or any arts or then officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and or defend the same at the Sellers own expense, to pay any and all costs, ckirges, momeys fees and other expenses, any and all judgments that may b, incurred by or MWined 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 Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischergcd by giving bond or othnwlse. The Seller and his contractors shall like all Safety Emanations, furnish and install all guard repactmear, for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limimask the Occupational Safety and Health Act of 1970 prod MI ales and regulations issued Pursoant themeau Revised 0312010