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HomeMy WebLinkAbout551661 ELDER CONSTRUCTION INC - PURCHASE ORDER - 9157416Fort Collins Date: 12/04/2015 Vendor: 551661 ELDER CONSTRUCTION INC 7380 GREENDALE RD WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9157416 1of3 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/03/2015 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Water Building 1 LOT LS 165,052.00 Work Order OP-465519 PER TERMS AND CONDITIONS OF BID 8106 AND AGREEMENT DATED 12/3/2015. 2 Water Building 1 LOT LS 165,052.00 Work Order OP-465519 3 Water Building 1 LOT LS 170,055.00 Work Order OP-465519 4 Light & Power Building 1 LOT LS 1,536,752.00 Work Order OP-465518 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com PO PURCHASE ORDER 915741er Page City. O'F 9157416 2 of 3 `t Collins This number must appear ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 $2,036,911.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemption. By motor the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAiVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions Intent; failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure In promptly notify the Seller in the event of u breach, the acceptance of or payment for goods beremder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the damage in transit, may be returned m you for credit and we not to be replaced except upon receipt of written purchaser to insist upon strict perfinmance hereof or my of its rights or remedies as to my such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to my prior m subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS are subject to the City of Fan Collins inspection on atrivat. 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 Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges mulling from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violations' are in fact boom: by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St, Fun Collins, CO 80522, unless acquired under federal or smile antitrust laws for such overcharges minting to the particular goods or services otherwise specified on this order. If permission is given m prepay freight and charge svIn mmly, the original freight purchased or acquired by the Purchaser museum to this purchase order. bill must accompany invoice. Additional charges for pinking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater down". may cause the work to be performed by the most expeditious meets available to it, and the Seller shall pay all costs associated with such wad. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the scam, municipality, territory or political subdivision where the work is perforated, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loos incurred by them by reason of an asserted or smbhshed violation of my such laws, regulations, ordinances, roles and requimmwnts. Authoritarian. All parties to this contrml agree that the representatives sure. in fact, born fide and possess full and complete authority an bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the limits and conditions stated herein set forth and my supplementary or additional terms and conditions mnnexed hereto or incorporated herein by reference. Any additional or different term and conditions proposed by seller am objected to and hereby 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 of the essence. Delivery and perfarmi nce most be effected within the tame stated on die purchase order arrd the documents attached hacto. No rats of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate to a waiver of this prevision. In the event of my delay, the Puebosa shall have, in addition in other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a mutt of delays due to causes not reatumbly foreseeable which arc beyond its reasomble control and without its fault of negligence, such acts of God, 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 m the Purchaser within five (5) days of the time when the Sella 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 of the 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 purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mature. The Seller agrees m hold the purchaser harmless from my mass, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, my 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 my applicable warranty provided by the Seller after the date of occurrence of the goods famished haemder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchser shall not constitute a waiver of my 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 ofprofim 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 toms by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the toms, other than legal terms, including addidoos to or deletions from the gmnrities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equimtilir'stljustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to my or all portions of the goods then not shipped. subject to my equitable adjustment between the parties 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 the goads and/or work. for inn dental or consequential damages. and rbat no such adjusment be made in favor of the Sella with respect to my goods which art the Sellers standard sleek. No such termination shall relieve the Purchaser or the Seller of any of their obligations as m my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the dale the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, cold, delivered and dominated in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchsa as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order• or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wanmts full, clear and worm icted title to the Purchases for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, nervations, security intent encumbrance and claims of others. The Seller shall release the Purchaser and its contractors of any lia from all liability and claims of my nature resulting from the performance ofsuch work. This releme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offcas and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way because such work is paternal or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse my design, device, material or process covered by later, patent, trademark 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, material or process in connection with the contract, and shall indemnify, the Purchaser for any cost, expense m damage which it may be obliged m pay by mason of such infringement at any time during the Immolation or after the completion of the work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held to constitute infringement and the we 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 plans, replace the same with substantially equal but noninfringmg equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella dhall become insolvent or bonkmpt, make an assignment for the benefit of creditors, appoint a mceiver or trustee for my of the Sellers property a business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation of the agreement and the rights of all parties hereunder shall be conswed under and governed by the laws of the Snore of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repnssenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers cart risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury in the work and/or materials before Sellers final completion and occurrence, complete the work at Seller's own expense and in 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 hurdle some at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I8. INSURANCE. The Seller shall, 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, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also entry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for my one person, $500,000 for any one accident and property damage limit per accident of S400,000. The -Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contactors 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 certificates shall specify the date when such compensation and insurance expire. The Sella agrees that such crops somm and insurance shall be maintained until aRer the =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury orally kind or nature whatsoever to persons a property caused by or mulling from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and my or all of the Purchasers officers, agema and employes 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 rat, 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 employee. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by mamn of my rat, action, neglect, omission or default of the Seller of any of his contractors or my of is or their ofLcers, agents or employes ns aforesaid, the Sella hereby agree to assume the defense thereof and to defend the more at the Sellers own expense, m pay my and all costs, charges, attorneys fees and other expenses, my 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 proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a mull of such suits or other proceedings. the Seller will at once cattle the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish 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 ndes and regulations issued pursuant thereto. Revised 032010