HomeMy WebLinkAbout103941 CITY OF FORT COLLINS - PURCHASE ORDER - 3300444Date: 01/14/03
Citv of Port Collins
Page Number. I Of 1
City of Fort Collins
Purchase Order Number: 3300444
Delivery Date: 01/14/03 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 Lot Downtown RR Consolidation 126,784.47
Mill & pave E. Lincoln from Riverside to Willow, plus traffic control for
Vogel's concrete work.
Total 126,784.47
City of Fort CgMnf Director of Purchasing and Risk Management City of Fort Collins
This order Is rilvilhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0680 PO Box 580
Phone: 970-2211.6776 Fax: 970-221-6707 Email: info@ci.fort-eollins.co.us Fort Collins, CO 80522-0580
Purchase Order Terms and Condiljona
1, COMMERCIALDBTAILS.
Invoice Address. To mare prompt Payment trail invoices in duplicate to.
City of Fm Collins Accomfing Division
P.O. Box $80
Fort Collins, CO 80522
Tax axemptims. By arawte the City of For Collins is exempt from store and local taxer. Our Examptim Number
is 98-04502. Federal Excise Tar Exeruptim Certificate of Registry 80.6000587 is registered with the Collator of
Internal Revenue, Deaver, Colorado (Ref Colorado Revised Stauhs 1973, Chapter 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or den to defaa
of damage in month, may be returned to you for ass it and arc am to be Mimed cxcepr upon mocipt of written
instructions from the City of Fort Collins.
Inspection GOODS. mbica w the City of Fosr Collins inspection an arriva.
Fired Acceptance, Receiptofhere merchandise, raviea orequipmmt in on,aae w this order can mult in smhor red
payment on the pat of the City of Fort Collins. Hover., it is m be understood that FINAL ACCEPTANCE is
depmrknt upon completion of all applicable required inspectim procedures.
Freight Terms. Shipments most be F O.B., City of Fort Collins, 7W Wood St, Fart Collins, CO 80522, unless
otherwise specified on this order . If pemavion is given re prepay, fright and charge separately, th, mEw, freight
bill must recomp any invoice. Addifima charges Our packing will not be accepted.
Shipment Distance. Where manufactures have distributing points in various parts of the country, shipment is
expected from the neuron i ishibutim point w domination, and excem freight will be deducted from Invoice when
shipments ate made from greater distance.
Permits. Seller dull procure or sellers ml. core el namary peraws, wi ifscata and licemes required by all
applicable laws, regulations, adime cat and rules ofine sate, munieipafity, territory or political subdivision where
the work is perform.d, or required by any tuba duly commurecipublic minority havi,jaisdim. aver me work
of vendor. Sella further agree to hold the City of Pon Collins brooders from and again, all liability and loss
incurred by then by teas. of an asserted or established victor of my such laws, regulations, ordinances, cola
and mi tirtmorts.
Authonmlon. All Pardo w this moract agree that me rapmenutiver sue, in fat, bona fide and poseurs full and
complete su unity w bind a mid panic.
LIMITATION OF TERMS, This Purchase Order expressly, limier receptmce to the terms and conditions stated
herein net forth and my supplementary no additional tams and comments annexed hereto or incorporated herein by
rehrtnu. Any additional or diffaent coma and conditions proposed by seller are objectal to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT irmnediately if you mnnm make mundane shipment w arrive an your
pr ..ised delivery dote as owned Time is of the.... Delivery and performance must be affected within me time
ahead an the purchase order and the documents attached hereon. No acre of the Purchasers including, without
limitation, accepauce of ps ml late deliveries, shall apses as a waive- of this provision. In the emal ofmy delay,
me Purchaser mall have, in eddifim w aba legal and Nuiteble mnedies, the opd. Mplain, this order elsewhere
and holding the Sella liable for damages. However, the Sella shell not be liable for damages as a malt of delays
due to muees calrmaably formable which sac beyond in reasonable cormol and wimmt its fault of negligence,
such acts of God, acts of civil or military sumorifier, Immor mental In ones, fie, strikes, Bond, epidenda, wars
or rims provided that notion of the conditions wising such delay is given w the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof In the event of my such delay, me date of delivery shall be
treaded for the period Nand to the time soundly Imt by ream of the delay.
3. WARRANTY.
The Sella wamew that all goods, articles, materials and wank coverts by this order, will mfmm with applicable
drawings, specifiatiaa, samples and/or ocher descriptions given, will be fit for the purµees intended, and pafamed
with the highm degas of cam and competence in acc rdar a with accepted standards for work of a simile sae.
The Sell. Manes to hold she purchaser hamlet firm my Ian, damage a.parce which the Purchaser may offer
or in —on amount of the Sellers mach of wamnty. The Sella shall replace, repair or make gaud, withmt cm to
the purchaser, my dot" or faults wising within one (1) you or within such longer period of time as my be
prescribed by law or by me tams of my applicable warranty Provided by the Sella after the data of acceptance of
me goods famished bacunto (aaeptmce non to be unreasonably delayed), molting firm imperfect or defective
work time or mountain furnished by the Sella. Acceptance muse ofgoods by the Purchases shall nor constitute a
waiver of my claim under this warranty, Except as otherwise provided in this purchase order, the Sella liability
hereunder shall .tend to all damages proximately caused by the bath of my of the foregoing warranties or
guaehnt, but such liability shall in no event include Ions ofprofits or loss of use NO IMPLIED WARRANTY OR
MERCHANTABILRY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make chmga to loge tam by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchoa may make my thonguat w the tams, m es, than legal tons, including additions to a delaions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affect, %e amount due or the time of p.famsnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser my at my fim by write change coder, terminate this agreement as to my a all poraoa of the
goods then non shipped, aubj,ato my equitable 4noment howl. me parties as to my wail, or canals, thm in
progress provided that the Purchaser shell am be liable far my claims for anticipated prfits on the uncompleted
portion of me goods and/or work, for madmml no cwaequ ential dodges, and that no such adjustment be rah in
facts of the Salle with reopens to my grads which are the Sell. a,mdam smock. No such counted not shall relieve
me Pandora or the Seller of my of their abligafiots as w my goods delivered haremda
]. CLAIMS FOR ADJUSTMENT.
Any claim for djustment rant be mated within dirty (30) days from the data the change or nomination is ordered.
8. COMPLIANCE WITH LAW,
The Sella wmmts that all goods mid her anda shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subjem The Sella shall execute and
deliver such documents as may be requGed to oHem or evidence compliance. All law, and regulations requhed to
be incorporated in a remmn of this character arc hereby inconpomted herein by this reference. The Sellor agrees
te indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result of
the Sellers failure to comply with sub law.
9. ASSIGNMENT.
Neither party, shall asaigy homfa, or marry this coder, a any mania dae a to becoe, ewe haemda without me
prim wnum consent of the other Perry.
10, TITLE.
The Sella wamste full, clear are unresma d title. me Purchaser for all equipment, ameials, and ion fimtimod
in performance of this agreement, free and clear of my and all liens, restictiau, reaervaiau, awry interest
mcumbrmas and claims of othere.
11. NONWAWI R.
Failure of the Purchaser to insist upon shier performance of me earns and conditions ha.L failure or delay to
exercise my rights or remedies provided basin or by low, failure to promptly notify the Sella in the event of a
leach, the aopance of or payment far goods hammier, or approved of the design, shall nor release the Sella of
my of the warranties or obligations of this purchase order and shall am he deemed a waiver of my right of the
purchaser to insist upon strict performance hereof or my of its rights re comedies as w my such goods, regardless
ofwhm shipped received or aaph, as many prior or subsequent default bereunder, norshall my pusponed oral
modification or remission ofmis purchase order by the Purchaser operas as a waiver of my, of the tame haaf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchases recognize that in amid economic pmcfia, ovmI.S. resulting from mtiwer videYoa
son m fare bore by the Purchaser. Thereafxt, for good rave and. considered. far. ants, this prachoe reder,
the Sella hereby assigns in the Purchaser airy and all claims it tray now, have or hereafter acquired and. federal or
state antitrust laws for such overcharges relating in the particular goods or services purchased or required by the
Foremost pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaa directs me Seller to comas nonconforming or defensive goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller mereafter indicates in inability as, unwillingom to comply, the Portion.
any, cause me work to be p sfmmed by the most expedifious mount available to it, and me Sella shell pay all crab
associated win such work,
The Seller shall reline the Pardoner and its contractors of my tier from all liability and claims of my nature
resulting form the perfonnace of such work.
This redeem shall apply evm in don event of fault ofnegligma oft parry released ami shell extend w the dirmtan,
officars and employees of such party.
The Seller's contractual obligation, including warranty, shal nor be deemed w W relics, in my way, became surA
work is performed or ceased w W performed by the Purchaser.
14. PATENTS.
Whenever me Seller is required to use my design, device, notarial or Process covered by letter, pstot, trademark
or copyright, the Sella shall indemnify and save harthm the Purchasm from my and all claim for infringement
by anon of me are ofauch patmed design, davia, material or proem in connection win the contact, and then
indemnity the Purchaser for any car, espouse or damage which it may be obliged m pay by rmon of such
inmingemmt a my time during the prosecution or aherthe completion ofthe work. In case midequipment, a my
pan mermf or me intended use of the goods, is in such suit held in commerce infringement and me use of said
equipment a pen is enjoined, the Sella shall, in its own capture and a its option, either proanc fa the Purchaser
the tight W common, using said equipment or pans, replan the saes with substantially Nuns but eon -infringing
equipment, or modify it so it become non -infringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit ofamitm, appoint a receiver
or hdtee fm my of the Sellm propeM or bwinem, this underway forthwith be caaeled by the Purchaser wimont
liability.
16. GOVERNING LAW.
The definitions ofterm used or me interpimtim of the egmament and me rights of all parties hereunder shell be
construed unto and governed by the laws of the State of Colorado, USA.
The following Ack ifianal Cmdifiora apply mly in ruer where me Sella is no perform work hereunto, including
the services of Sell. Repmenta im(s), on me Promises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk anti] the same is fully completed and accepted, and mull, in
case of my occident, destruction or injury to me work and/or =crisis before Sellers final compledon and
acceptance, mrs,lae the work a Ssllerk own.pmec and to me wi sfaction of the Purchases When materials and
egwpatent are famished by oarers for installation or erasion by the Seller, me Sella shall receive, whoa, arms and
handle same at the site and became responsible therefor to though such mataihs and/or equipment ware being
Furnished by the Seller coda the order.
18. INSURANCE,
The Sella shall, at his own expense, provide for me payment of workout compmation, including ocaproamed
disease benefits, w its employees employed an or in conwaim with me work covered "is purchase order, and/er
to mcir dependents in recodana with the laws of the oath in which the work is to be done. The Seller shall ass
wry comprehensive general liability including, but nor limited to, monsoonal and asaobile, public liability
insurance with bodily injury and death limits of a lean VW,000 for my me pawn, $5W M for my me accident
and property daage limit per occident of SWIM, The Sella she] likewise require his conmacton, if my, to
provide far such catamaran. and insurance. Before my of me Sell. or his cwntrmbn employ. shall do my,
work upon the pramess of others, the Sella shall furnish the Purchaser with a certificate that such conversation and
insurance have bear provided Such cmrtifirahv shall specify the date when such canpeneaion and insurance have
been provided Such cenificam shall specify me date when such compmai m and insurance expires, The Sella
agrees that such compensation and insurance shall be minraned =61 after the more words is completed and
aaepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the mire responsibility end liability far my and all damage, Ian or injury of my kind
or net=whatsaver to peons or property caused by m resulting from the execution ofine work Provided for in
this purchase coda or in mormemm herewith. The Sella will indemify rend hold harmless me Purchaser and my
or all of ma Purchases colleen, agents and employees farm and against my and ell claim, beam, damages, charges
or expenses, whether direst or indirect, and whether to peons or property w which the Purchaser my be pm a
subjea by ran. of my act, mi., neglect, omission or defaull on the pan of the Sella, on, of his convectors, or
my ofthe Sellers in crnhacwn offices, agents reemploy., m core my suit or other prawdina shall be bought
against me Purchases, ts its officers, agents or employees a my time on normal or by resrm of my or, notion,
neglect ahssion m default of the Seller of my of his contractors or my of its or their officers, agents or employoni
as aforesaid, the Sella hereby agrees to mums me defense meoof and to defend me same a the Sell. own
expmee to pay my and all corn, charge, areaways fees and other expos., my and all judg ensts that rosy, be
incurred by orobtained against the Purchaser any oftts other oRrws, seats or employe in such suits at other
proceedings, and in me judgment or ocher lim be placed upon a obtained Maim the property of the Purchaser,
or said parties in or as a cult of such suits or other preaetings, the Sella will as mu owns, the same in be
diadvei send laharged by giving board or W erame. The Sella and his momenta alWl mated ad* pmautiau,
famish and imral all guards namary, fire the pno enrim of suidents, comply with all laws sad rmgulmons with
regard w safety including, hen without IimiUtion, the Occupational Safety and Bath Act of 1970 and all rules and
regulations issued pursuant thereto.
Revised I IN