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HomeMy WebLinkAbout426767 HOFF CONSTRUCTION - PURCHASE ORDER - 9135154 (3)Fort Collins Date: 06/16/2014 Vendor: 426767 HOFF CONSTRUCTION PO BOX 7448 LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9135154 1012 This number must appear on all invoices, packing sli i and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 09/19/2013 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price C DIAGONAL WALK STAGE IMPROVMENT Change Order 5 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 EA 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 1. COMMERCIAL DETAILS. Tax exemptions. By suture the City of Fort Collins is exempt f state and local axes. Our Exemption Number u 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Comfort, of Registry 84,6000587 u regimured with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and co nditioa thereof failure or delay m Imemal Revenue, Deaver, Colorado (Ref. Colorado to ise t Staro¢s 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 bench, No acceptance ofor payment for good bursted or approval ofthe design. shall not release the Seller of Good Rejected. GOODS REIECTED due to failure to nered specifications, either when shipped or due to defects of any of the warom ics or obligations of this purchase order and shall al be deemed a waiver of any might of the damage in tramit, may be rerouted to you for credit and art not to be replaced except upon receipt of wrium Pashaser to imist upon strict performance broad or any of its rights or err red es as many such good, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purported amid modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tenons Inspection. GOODS are subject to the City of Four Collins inspection on arrival. hereof. Final Acceptance. Retailer of the merchandise, se can equipment in response to this order n result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust inspection procedures. E ACCPTANCE is dependent upon completion of all applicable requiredh fr violations arc in fact Home by the Purchaser. Tereme,nfogood cause and ter consideration for extrming this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or herealkr Freight Perms. Shipments most be T'.OB., City of Fort Collins, 700 Wood St., Fort Collins, CO ERD22, unless acquired under federal or suite antitrust laws for such overcharges relating to the particular good or services otherwise sped fed on this uNen If permission is given to prepay freight and charge sepamtely, the origial freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will net be accepted. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mummendow, have distributing points in mmus pans of the country, shipment is How Purchaser direas fe Seller to wren nonconforming or defective good by a dare to be agreed upon by the expected form the nearest distribution Point to destination, and excess freight will r, deduced from Invoice when Pumhaser and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness to comply, the Purchaser shipments art made from greater distance. may cause the work m be performed by fie most expeditious means available to it, and the Seller shall pay all oats casociatrd svvf such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cerificmes road licences required by all applicable laws, regulations, ordinances and rules ofthe sutq municipality, mdtory or political subdivision where fie work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirements. Authorization. All ponies to this contract agree that the drprcsenutivrs me, in fact, bona fide and possess full and complete authority ta bind said paniw. LIMITATION OF TERMS. This Purchase Order expressly limits accepmuce to the terms and conditions stated herein set fah and any supplementary or additional tern and conditions annexed harem or incaryomted herein by reference. Any additional or differenuams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately iftsm canner make complete shipment to move oa your promised delivery date to nokd. Time is of the essence. delivery and performance must be effected within the time sorted oa the purchase nNer and the documents auached hereto. No acts of the Purchasers including, without limiutimt, acceptance of partial late deliveries, shall operate as a waiver of,his provision. In the event ofany delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to caves not reasonably foreseeable which are beyond its reasonable control nW without its fault ofnegligmce, such.rds ofGnd. acts of civil or mirury amhorhirs, govemmental priorities, fires. strikes, Boos, epidemics, wan or rims provided that more of the cmWiut rs musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the even, of any such delay, fie date of delivery shall be extended far the period equal m the time actually her by reason ofthe delay. J. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples amVor other dessuptioa given, will be fit for the purposes initiated. and perforated 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 purchaur handless from any loss, damage or expense which the Purchaser may suffer or incur on areaum of the Sellers breach of ..my. The Seller shall replace, repair or make goad, without cost in the purchase,, any defects or faults arising within one (1) year or within such longer period of time as nary be par wribed by law or by fie terms of any applicable warranty provided by the Seller per the date of ccepur ce of thr goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance it use of goods by the Purchaser shall it constitute a waiver of any 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 any of the foregoing wamantics or humorous, but such liability shall in no event include lass 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 ray rake changes in legal terms by woken change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal Morn, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affeets the amount due or the time ofpurfomamre heeundee an equitable adjustment shall be made. 6. TERMINATIONS. Thc Purchaser may at any time by wrincn change oMe,, terminate this egreemem as many or all portions of the gond then nor shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of thc goods and/or work, for incidental or consequential danuges, and thin no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (20) days from the date the change or attenuation is ordered. 8. COMPLIANCE WITH LAW. The Seller warmins that all Retail sold hereunder shall have been produced, sold, delivered and modified in strict compliance with all applicable laws and regulations to which fie goad are subject. The Seller shall execute and deliver such documents as may be required m effort, or evidence ex mpluace. All lass and regulations required to be incorporated in agreements of this charmer are hereby inumporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless Tom all cuss and damages suRered by the Purchaser as a moult of the Sellers kihm to comply with such law. 9. ASSIGNMENT. Neither parry shall ensign, transfer, or convey this order, or any tdmnies due or to become due hereunder without the prior wainev consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, wilne ions, ¢serotians, security interest encumbrances and claims of ofen. The Seller shall release she Pumbaser and its ro ... of my tire farm all liability and claims of any nature resulting from the perf r. ofsuch wort:. This release shall apply even in the event of fault of negligence of the parry, released and shall extend to the directors, officers and employees ofsuch Parry. The Sellers contractual obligations, including warranty, shall not He 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 pmcrss covered by letter, patent, nudemark or copyright, the Seller shall indemnify and save hamdess the Parebaser ham any and all claims for infringement by notion of the use of such patented design, device, material of prucess in connection with fie contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of,n,h infringement an any time during the prosecution or after the completion of the work. In case said equipment, or any pun thereof or the intended use of the goad, is in such suit held to constitute infringement and use use of said equipment or pan is enjoined, the Seller shall, at its own expense add at its option, either pmcme for the Purchaser the right to commue using said equipment or pans, replace the same with substantially equal but rwninGnging equipment, or modify it so it becomes encouraging. 15. INSOLVENCY. If the Seller shall Imunme insolvent or bankrupt, make son assignment for the benefit of creditors, appoint a receiver or mutea, for any of Jae Sellers property or business, this order may fnfwif be canceled by the Pumlimser without liability. I& GOVERNING LAW. The definitions officious; aced or the interpretation ofthe agreement and the rights ofall ponies hereunder shall be renamed under and governed by the laws ofthe State ofCodorado, USA. The following Additional Conditions apply only in cases where the Seller is no perform work hereunder, including the services of Sellers Repreuntative(s), oa the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and incepted, and shall, in u of any accident, destruction or injury to the work surfer materials before Sellers fatal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become respmsible therefor as though such materials arWor equipment were be, furnished by fie Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of waders eacrpeandoa, wcluthng occupational deems., benefits, to is employees employed on or in connection with the work covered by this purchase order, odic r to their dependents in attendants, with fie laws of fie sure in which the work is to be done. The Seller shall also carry exmpreheaive general Edibility including• but rot limited In, dwgmzmal and automobile public Iiabiliry insurance with buchly injury and death limits of at least S ms.W0 for any mine person S500,000 for any one accident and property damage limit per accident of 5<00.000. The Seller shall likewise roquire his omractars, if any, to provide for such wmprsation and insurance. Before any of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such cimprm ition and insurance have been provided. Such cenificams shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and asumnce expires. the Seller agrees that such compensation and insurance shall be maintained until after the mine work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injuryof any kind or nnmrcwhatsoever topersons or propertycauxual resulting form the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchasers omcid, agents and employees form and against my add all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons at property to which the Purchaser may be put or subject by renown of my rat, indoor neglect, omission or default on the pan of the Sella, any of his contractors, or my of the Sellers or contractors officers. agents or employees. In case my suit or other proceedings shall be brought against the Purchaser. or its officers, agents in employees at my time on accaml or by reason of my rat, action, neglect, omission or default of the Seller of my of his covttarors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume rise defense thereof and to defend the mine at the Sellers own expense, to pay any and all costs, charges, nnomrys fees and other expenses, any had 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 proceedings, and in race judgment or other lien be placed upon or obtained against the property, of the Purohascr, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once couu the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prommors, famish add imuli all guards necessary for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the Occupatioml Safety and Heald Act of 1970 and all riles and regulations issued pursuant therim. Revised 03I2010