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HomeMy WebLinkAbout103854 EXPRESS CONCRETE - PURCHASE ORDER - 9953924Date: 6/29/2009 City o F6rtc'ollins Page Number: 1 Purchase Order Number: 9953924 Delivery Date: 6/29/2009 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 14,432.12 09-1627 Concrete work done for the new Collindale Golf Course patio per work order dated 6-26-09. Total .ram c R 0 Y -R-rr-A-AC cR-- $14,432.12 City of Fort CgWiny Director of Purchasing and Risk Management City of Fort Collins This order is nWalid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fionr store and local taxes. Our Exemption Number IS 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 14 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped mClue 10 defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of +eritten instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Foil Collins inspection on an iva Final Acceptance. Receipt oft he merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teats. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO K0522, unless otherwise specified on this order. If permission is given to prepay freight and charge sep:uately, the original f eight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments it, e made from greater distance. 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 state, municipality, ten itory or political subdivision where the t+•oi k is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fi oar and against all liability and loss incurred by them by I eason of an asserted m established violation orally such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oil your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay. 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 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 acts of God. acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tittle when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall beextended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warants 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 perfonned with the highest degree of care and competence in accordance with accepted standards for work of a similar nauur. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser truly suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or nake good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as play be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be urn e.•sonably delayed), resulting from imperfect m defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not 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 warranties 01 guarantem 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. C14ANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fronnhe quantities 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 equitable adjusmrent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temrinate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for anyclaims franticipated protts on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be node in frvor of the Scller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser m the Seller of any of their obligations as to any 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 to 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. Tile Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXV I II of the Colorado Constitution ("Article XXVIII'), then the provisions of Section 15 o PArticle XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) ofArticle XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government conti act. a public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due m to become due hereunder without the prior written consent of the other party. The Sc•Iler+van:mts full, cle:u and unrestricted title to the Purchaser fin all equipment, materials, and items furnished in perfralliance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I I, NONWAIVER. Failure of the I'urchascr to insist upon strict performance of the teas and conditions hereof, fialure or' delay to exercise any rights m remedies provided herein or bylaw, failure to promptly notify the Scller in the event of a breach, the acceptance of or payment fur goods hereunder m approval of the design, shall not release the Seller orally of the warranties or obligations of this purchase order and shall not be deemed a waiver orally right of the purchaser to insist upon strict performance hereof m any of its rights or remedies as to :my such goods, regardless of when shipped, I eceived or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fionr antitrust violations are in fact Ixmmc by the Purchaser. Theretofinc, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all clains it may now have m hereafter acquired under federal or state antitrust laws fin such overcharges relining to the particular goods or services purchased m acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pmchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fi'om all liability and clains of any nature resulting Goa the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in anyway. 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 process covered by letter, patent, trademark or' copyright. the Seller shall indemnify and save hamless the Purchaser flour any and all clains 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 fill any cost, expense m damage which it maybe obliged to pay by reason of such inh ingentent at anytime during the prosecution or after the completion of the work. In case said equipment, orally part thereof or the intended use of the goods, 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 ar pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, rake an assignment for the benefit of creditors, appoint a receiver or trustee for army of the Sellers property m business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teas used or the interpretation of the agreement and the rights of all parties hereunder shall be construed 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 Representative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall cant' on said +work at Seller's otvn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction m injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. 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 Seller shall also cant' comprehensive general liability including, but not limited to, contractual and automobile public liability insumncewith bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property dantage limit per accident of S400,000. 'File Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofbthet:s, 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 expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assures the entire responsibility and liability for any and all damage, loss or injury orally kind or nature whatsoever to 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 twill indemnify and hold barrtiless 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. ++•hethei direct or indirect, and whether to persons or property to which the Purchaser maybe put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers m contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, m its officers, agents or employees at anytime on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its 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 any and all costs. charges, attorneys fees and other expenses, any and all judgments that ray 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 m other lien be placed upon or obtained against the property of the Purchaser, or said panties in or as a result of such suits or other proceedings, the Seller will at once cause the s:ume to be dissolved and discharged by giving bond m otherwise.'fhe Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryfor 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 rules and regulations issued pursuant thereto. Revised 04/2009