HomeMy WebLinkAbout306802 APPLIED CONCRETE - PURCHASE ORDER - 3307063I&
City of Fort Collins
Page Number: 1
City of Fort Collins
Date: 11/13/03
Purchase Order Number: 3307063
Delivery Date: 11/13/03 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
2W3
Line Qty/Units Description Extended Price
1 1 Lot 68,564.58
Spring Creek Trail Rehab.
PER TERMS AND CONDITIONS OF BID 5813
IF
This order is rlQthalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Phone: 970-221.6775 Fax: 970-221.6707 Email: info@ci.fort-collins.co.us
Total $68,564.58
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Invoice Address. To mama proms Payment mail invoices in duplicate to'.
City of Fat Collin Accounting Division
P.O. Box 580
Fort Collins, CO 80522
Tax exemptions. By wages the City affair Collins is exempt from state and local tma. Our Exemption Number
is 98-04502. Federal Exase Tex Exemption Certificate of Registry 84-6000589 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure in snot specification, either when, shipped Or due to defmts
of damage in trwit, may, be retuned to you fa credit and are net to F replaced except upon receipt of writhe
inawctiom from the City of Port Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection n arrival.
Filed Acceptance Recap of the nMebmdise, services or equipment in resperue to this under can raft in authommd
payment an the part of the City of Fret Collins. However, it is to F understood then FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedmxn.
Freight Terms. Shipments must be P O.B., City of Fort Collins,'/00 Wood St, Fiat Collins, CO 80522, =less
otherwise,aEgecified an this order, If pmnissim is given o prepay freight and charge separately, the original freight
bill comas accompany invoice Additional charges for parking will net F accepted.
Shipment Distance. Where mmufmatrm have distributing pints in various pens of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will F deducted from Invoice when
shipments arc made from greener distance.
Pamirs. Seller shall procure in sellers sole cost all necessary permits, catificat s and licenses required by all
applicable Iowa, minimum, adinancev and mass ofthe stale, municipality, territory or political subdivision where
the walk is performed, or required by my other duly conatimtd public authority havingymdinion over the work
of vendor. Sella further agrees to hold the City of Fort Collins hmnlas fimn and against all liability, and lass
incurred by dim by reason of an assaed or established violation of my such laws, regulation, ordinances, cola
and requirements.
Authorization. All planes to this mutual ago that the representazives am, in fort bon fide and Possess full and
complete authority an bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits araepcance to the terms and conditions stated
boon sec forth and my supplementary a additional torn and conditions annexed hem, or incorporated herein by
reference. Any additional a diffaat terms and condition proposed by seller me objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complee shipment to arrive an your
prcaniseddeliverydotennotend.Timeisofshemsence, Deliveryandperf mcemum Feffededwitldnthetime
ward on the parching, order and the documents attached hereto. No mu of the Purchna including, without
limitation, acceptance of partial late deliveries, shall operate in a waiver of this provision In tF event of any delay,
the Pumbasashall have, in addition to mho legal and amicable rerrudiei, the option of plating this ado elsewhere
and holding the Soler liable fa damage. However, the Sella shall nor be liable fa damages in a result of delays
due to causes net reasonably foreseeable which m beyond be reasonable carom and without its fait of negliganm
such sets of Cod, eras of civil a military andlaitia, govmmmnP lmionfia, fire, strikes, flood, collemiq were
a rids provided thin notice of the conditions caning 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 may such delay, the date of delivery shall be
extended for the peed equal to the dare actually Irst by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings,specifications, sumples and/or into descriptions given, will F fit far the series. intended, and performed
with the highest degree of are and competence in accordance with accepted standards for work of a similar name.
The Sella agrces 0 hold the purchaser herd= fiom my lot, damage or apace which the Pmhasn may mffa
or incur an account oftF Sellers breech of warranty. The Sella shall replete. repair or make good, without cost to
the purchases, my deferts or faults arising within one (1) year or within such longer Period of time in may be
prescribed by law in "a tuns of any applicable warranty provided by the Seller after the date of acceptance of
the goods famished hereunder (wompti nce nor to F unreasonably delayed), resulting from imperfect or defective
work done or manage famished by the Sella Acceptance or me of goods by the Purchaser shall not commute a
waiver of my claim coda this warranty. Except as otherwise provided in this purchue carder, the Sella liability
hereunder shall extend to all damages proximately caused by the boom of my of the foregoing warranties or
guarantees, but such liability shall in no event include Ica ofprofin or has of use. NO "LIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES EV LEGAL TERMS.
Thc Purchases may make changes To legal temp by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changen to the ears, other data legal terms, including addition to in deletions fimn
the quantities Originally ordered in the specifications or drawings, by small or writhe change orda. If my such
change affats the moat due or the time of performance hereunder', an auimble adjustment shall F make
6. TERMINATIONS.
The Purchases may a my time by women change order, terminate this agreement in to my or all prelims of the
goods tbell nor shipped, subject to any <gwhame adjnnnet beoveat the panic as to any work or mamas then in
progress Provided that the Purchases shall nor F liable for my claims for anticipated profits an the ncanpletd
pardon ofthe goods md/a walk fen incidental or cannonade] damages, and that no such adjustment F made in
favor ofthe Sella with respect to my goods which m the Sella standard sock. No men wrmmation shall relieve
the Purchaser or the Seller of my of their obligations in to my goods delivered hereunder
9. CLAIMS FOR ADJUSTMENT.
Any maim fa adjustment mom be asserted within durty (30) it., form the doe the change or cermlnaton is,rdaed.
8_ COMPLIANCE WITH LAW.
The Sella warrmm that till goods sold heranda shall have been educed, sold delivered and famished in stria
compliance with all applicable laws and regulation in which the goods are subject. The Seller shall aerate and
deliver such documents an may F required to effect or evidence compliance. All laws and regulations raryired in
F incorporated in xgeernents of this charseta are hereby incorporated herein by this reference. The Sella areas
to indemnify and hold the Purchaser barmlae from all costs and damages suffered by the Purchaser a a «suit of
the Sellers failure o comply with such law.
9. ASSIGNMENT.
Neither party shell assign, trarufa, or convey this order, or my armies due or in become due hereunder without the
poor wane consent of tire other party.
10. TITLE.
The Sella warrants full, clear and unrestricted fill. TO die Purchaser for all equipnum, materials, and image housing
in performance of this agreement, free and clear of any and all liens, restrictions, reservatiau, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to grain upon strict performance of the terms and condidons heruf, failure a delay to
emise any rights in remedies provided herein Or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment fa goods M1aemcia or approval of the design, shall not release the Sella of
any of the warranties or obligations of this purchase erda and shall not F domed a waiver of my right of the
purchaser to insist upon strict perommaroce hereof or my of its rights or remedies. to my such goods, regardless
of whm shipped, received car accepto, in in my prim Or suFequent default hereunder, nor shall my purported mat
modification or rescission of this purchase order by the Purely. operate as is waiver of my of the tams hereof,
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchase recognize that in actual economic prncrire, overchages remlfing From antitrust violations
are infect hodbby i, Purchaeer Thaetomy
and good muse mdasm base or bongo
acar,fired purchmmdtOr
the Sella hereby assign to the Pmhges ea cool all claims it may now hive er M1ces pur acquired seta fakral he
atae antimat laws for such ov=hnga relazin6 to the particular Goods a erica Pmhasd a acgfrcd by the
Pmchazer pursuant to this purchase ceder.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Parchaer directs the Seller to correct nonwnfaming or defective good by a duce to be, agrad upon by the
Purchaser and the Sella, and the Sella thereafter indicates in inability Or mwillingnes, to comply, the Purchaser
may cause the wok re be performed by the most expedlicas means available to it, and the Seller shall pay all cos
associated with such walk.
The Seller shall release the Purchaser and in contractors of any tier from all liability and chins of my nazure
suiting from the performance of such work.
This release shell apply even in the evert of fault ofnegligece ofthe petty, released and shall extend to the &arm,
officers and employees of such parry.
The Sellers assuming] obligations, including warranty, shall not be domed in F reduced, in my way, bemuse such
work is performed or caused to F performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required in use my design, device, material or process covered by Ira, patent tudemak
or copyright, the Seiler shall indemnify and save harmlas the Purchases tram my and all claims for infringement
by reason of the use of such patented design, device, material or proores in connection with the contract, and shall
indemnify the Purchaser for my cat, expense or damage which it may be obliged in pay by room of such
infringement at any time during the prosecution or over the completion addle walk. In case said equipment or my
part thereof a the intended we of the good, is in such eft held to constitute infringement and the we of said
auipmer a pan is ajaned, the Sella shall, a in own expense and in is option, other pocure fee the Purchaser
the right to continue using said attainment or parts, replan the same with substantially equal but non -infringing
equipment, or modify it so it becomes non-inMnging.
15. INSOLVENCY.
If the Sella shall become insolvent a bankrupt make an assignment for the fiefigh of aeditm, appoint a recover
or mono for my ofthe Sell. property Or Wsin=, this orda may foMwith be omceld by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terms used a the interyroome of the agreement and the sights adult potia hereenda shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Condom apply only in rasa where the Sella is to perform work haendo including
the services of Sell= Ro emsentative(s), on the premiws of orb=.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty an said work n Sellers own nsk and] the same is fully completed and accepted and ahall, in
e of my accident destruction or injury to the work and/or mntenals before Sellers final completion and
acceptance, complete the work in Sellers man expense and to the satisfartion ofthe Purchaser %a materials ad
equipment we fumtshed by others for intonation or maim by the Sella, the Sella shall receive, reload, nee and
handle same at the site and Forme sponsible therefor in though such nerserials end/on, couipment were being
famished by the Seller ado the order.
I8. INSURANCE,
The Seller shall, at his own expense, provide for the payment of workers compersation, including occupational
disease benefits, to its employess employed on min comedian with the walk covered "is purchase order, muster
0 their dependent; in accordance with the laws of the stale in which the work is to be dare. The Sella shut also
carry comprehensive general liability including, but not limited o, contractual and automobile public liability
insurance with bodily injury and sera limits of a lest 1300,000 fa my one peon, 5500,000 for my me saident
and property, damage limit Per accident of 14W,000. The Sella shall likewise require his contracton, if my, to
provide for such compensation and insuranm Before any of the Sell= a his contractors employees shall do my
walk upon the premises of ah=, the Sella shall furnish the Purchaser with a anilicate [has such cmnpeuaion and
insurance have been provided. Such anificata shall specify the date when such cmnpmu[ion and insurance have
been provided. Such c=ificates shall specify the date when such compensation and insurance expires. The Seller
agrees then such compensation and insurance shall F maintained until after the more work is completed and
accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby mama the entire responsibility and liability for my and all damage, loss or injury of my kind
or nature whauaver to prom or Property caned by or rafting from the execution of the work pmvidd for in
this purchase coder or in connection herewith. The Sella will indemnify and bold hanmen the Purchna and my
or all of the Purchasers officers, again and mployos from and again« my and all claims, loves, damages, charger
or expenses, whether direct or indirect, and whether to mong or prepary to which the Purchases may be put or
subsea by reason of my act, action, neglect o n aim a defcult a the pan of the Sella, my of his contactors, or
my of the Sellers or contractors affirm, an or anployea. To, case my sit a alter proceedings shall F brought
against the Purchases, or its offmcus, names or employees at my firm an account or by swung of my ace, setion,
neglect, omission or default of the Sella of my of his cantatas a my of in a their of tom, agar ceemployers
a arrested, the Seller hereby agrees to aaurea the defense thereof and to defend the same a the Sella own
expense, to pay my and all resea, charges, atomeys fees and other expenses, an, and all judgments that may F
innd by or obtained again[ die Pines. m say, of it or their officer, agents a employees in such suits or when
pmcredings, and in case judgment a other lim F placed upon or obtained against the Property, of the Purchaser,
or said Planes in a as a result of such suite ,r other proceedings, the Sella will a one cause the time re F
dasolved and discharged by giving bond a ahawise. The Sella and his amnruors shall coke all safety pressations,
furnish and instil all guars necessary for the prevention of accidents, comply with all laws and regulations with
regard to safety including, but without limitation, the Contaminated Safety and Health Act of 1970 and all slat and
regulations issued punumt thereto.
Revised 11/9