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HomeMy WebLinkAbout104903 G L HOFF CONSTRUCTION - PURCHASE ORDER - 9163450PO PURCHASE ORDER 916345er Page City Of///���►►► 9163450 ' of z F6r} Collins I ns This number must appear /_.!<J`' ` " on all invoices, packing slips and labels. Date: 06/03/2016 Vendor: 104903 Ship To: ENGINEERING DIVISION G L HOFF CONSTRUCTION CITY OF FORT COLLINS 1815 W 12TH ST 281 N COLLEGE AVE PO BOX 7448 FORT COLLINS CO 80521 LOVELAND CO 80537-4476 Delivery Date: 06/02/2016 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Tavelli Multi -Use Path 1 LOT LS 273,977.22 PER TERMS AND CONDITIONS OF BID 8235 AND AGREEMENT DATED 5/24/16. 2 Tavelli Multi -Use Path 1 LOT LS 37,403.43 SRTS Traffic Infrastructure 3 Tavelli Multi -Use Path 1 LOT LS 37,403.43 Ped Plan/ADA Impvmts 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 $348,784.08 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 2 of 2 1 COMMERCIAL DETAILS. Tax exemptions. By starme the City of Fort Collins is exempt from stare and local taxes Our Exemption Number is I I NONWAIVER. 99-04502 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 terms and conditions hereof, tmlure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 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 breach. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in Salute in meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of wimen purchaser to insist upon smct performance hereof or any of is rights or remedies as to any such goods, regardless instructors from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modhfcaoon or rescission of this purchase order by the Purchaser operate w a waiver of any of the terms Inspection GOODS are subjectm the City of Fort Collins hnsp icnim on arrival hereof Final Acceptance. Receipt of the mwchmdrse, services or equipment in response to this order can result In 12 ASSIGNWNT OF ANTITRUST CLAIMS. authonmd 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 from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are m fact home by the Purchaser Theretofore, for good cause and as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must he F O.B_ City of Fort Collins. 700 Wood St, Fort Collins, CO 90522, unless acquired under federal or state moment laws for such overcharges relating to the particular goods or services otherwise specified on this order If perrtussion is given to prepay freight and charge separately, 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 Shipment Distance. Where manufacturers have chambering points In venous parts of the country, shipment is expected from the nearest distribution point to destination, and exce% freight will be deducted from Invoke when shipments are made from greater distance Permits Seller shall procure at sellers sole cost all necessary permits. cemfcalm and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly conmtuted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and regusremmm Authanzaton. All parties to this convect agree that the represenuoves are, In fact bona fide and possess full and complete authority to bind said parties LIMITATION OF TERMS This Purchase Order expressly limns acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or mcce po into/ herein by reference .Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY PLEASE ADVISE PURCH.ASING .AGENT hmmedmtely if you cannot make complete shipment to arrive on your promised delivery date m noted Time is of the essence Delivery and performance must be effected within the nine stated on the purchase order and the documents attached herein No acts of the Purchasers including, without limitation, acceptance of pmial late deliveries. shall operate as a waiver of this provision. In the event of my 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 net be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such sets of God, acts of civil or military mthonnes, governmental Incomes, fries, mikes, Rood, epidemics, wars or now provided that nonce 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 the event of my such delay, the date of delivery shall be extended for the period equal in the note actually lost by reason of the delay 3. WARRANTY The Seller warriors that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples md/or other dmcnpums given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a slander nature. The Seller agrees in hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller 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 acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials Furnished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of my clam order this warranty Except as otherwmse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the 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 women change order 5 CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, other thin legal terms. Including additions to or deletions from the quantities originally ordered in the spectficanons or drawings, by verbal or women change order If any such change affects the amount due or the nine of performance hereunder, an equitable adjustment shall be made 6 TERMINATIONS. The Purchaser may a my time by wdnm change order, terminate this agreement as to my or all portions of the goods then not shipped, subject in my equitable adjustment between the pames as to any work or materials then in progress provided that the Purchaser shall not be liable for my darns for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect In airy goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of my of then obligations as to my goods delivered hereunder. 7 CLAIMS FOR ADJUSTMENT Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser m a result of the Sellers failure m comply with such law 9 ASSIGNMENT. Netter party shall assign, transferor convey thisorder, many monies due or to become due hereunder withom the poor written consent of the other party 10 TITLE The Seller warrants full, clear and mresmcted title to the Purchaser for all equipment materials, and items Furnished in performance of this agreement free and clear of my and all bean, resmctons, reservations, security mitten encumbrances and clams of others 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter Indicates ax inability or unwillingness to comply, the Puchmer may cause the work in be performed by the most expeditious means available in it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its continuous of any ter from all Lability and clams of any nature resulting from the performance of such work 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 Seller's continual obliganam, including warranty, shall not be deemed to be reduced, in my way. because such work is performed or caused to be performed by the Purchaser 14 PATENTS Whenever the Seller is required to use my design, device, material or process covered by letter, 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 contact, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such mfnngement at my time during the prosecution or after the completion of the work u case said equipment or my part thereof or the intended use of the goads, IS In such suit held to constitute infringement and the use of said equipment or part 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 pans, replace the same with substantially equal but nomnfn aging equipment, or modify it so it becomes nomnfnnghng. 151NSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability 16 GOVERNING LAW The defimoons of terms used or the interpretation of the agreement and the rights oral] parties hereunder shall be continued under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to .perform work hereunder. Including the services of Sellers Represenumve(s), on the premises of ethers. 17 SELLERS RESPONSIBILITY The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the saosfschon of the Purchaser When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, more and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order 18INSURANCE� 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 some in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death limits of in least $300,000 for my one parson, $500,000 for any one incident and property damage limit par accident of S400,000 The Seller shall likewise require hens contractors, if my, to provide for such compensation and insmmce Before my of the Sellers or his contractors employees shall do any work upon the premises ofethers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained oral after the more work is completed and accepted. 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever m persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will mdemm(y and hold hartnleu the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether in persons or property in which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my sort or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my rime on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, moneys fees and other expenses. any and all judgments that may be incurred by or obtained 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 Purchaser, 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 discharged by giving bond or otherwise The Seller and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without [initiation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto Revised 03l2010