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HomeMy WebLinkAbout196010 COLORADO CONSTRUCTORS - PURCHASE ORDER - 9956547 (2)Date: 1 2/21/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9956547 Delivery Date: 10/30/2009 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 2 1 LOT change order 1 Total R- 0ALCOF- City of Fort CqWin0 Director of Purchasing and Risk Management This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO 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 4,780.86 $4,780.86 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of FortCollins is exempt from state 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. C'.hapreir 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ordue to defects of damage in transit, tray be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of For Collins. Inspection. GOODS are subject to the City of Foil Collins inspection on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Foil Collins. However, it is to be understood that FINAL ACCEPTANCE- is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments most Ix F.O.B., City of Foil Collins. 700 Wood St.. Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight hill must accompany invoice. Additional charges fix packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the century, shipment is expected from the nearest distribution point to destination, and excess fieight will be deducted from Inroice when shipments ❑rr 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 ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of venclor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred bythem by reason of an asserted or established violation of any such laws, regulations. ordinances, rules and requii ennents. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated heroin set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller ate 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 ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hem(o. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as ❑ waiver of this 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 art riots provided that notice ofthe conditions causing such delay is given to the Purchaser within live (5) days ofthe time when the Seller first received knowledge thereof. In the event ofattysuch delay, the dare of(leliveryshall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fit tier the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fi'om any loss, damage of expense which the Purchaser nlav suf Cr or Moron account ofthe Sellers breach of warranty. The Seller shall replace, repair of make good. Without cost to the purchaser, any defects m faults arising within one(]) year or within such longer period of tinie:s nny be prescribed by law or by the temps of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fiom iniperPect or 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 w:uravy. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or guarantees. but such liability shall in no event include loss of profits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSESHALLAPPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser tray make any changes to the terms, other than legal terns. including additions to or deletions foul the quantities in ordered in the specifications or drawings, by verbal or written change order. I f any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser stay at anytime by written change order, temtinate 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 far any clains for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment benande in fineir oftlie Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days front the date the change or termination is in clef ed. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pi oduced. 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 niay be required to effect or evidence compliance. All laws and regulntions 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 from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such haw. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XX V I I I ofthe Colorado Constitution ("Article XX V I I I"). then the provisions of Section 15 of Article 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) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXV III, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions, for three ,vears. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become (ate hereunder wilhuut file prior written consent ofthe other party. 10. TfrLE. The Seller warrants full. clear and unrestricted title to the Purchaser f r all equipment. matei ials. and items furnished in performance of this agreement, flee and clear of any and all liens, restrictions, reservations, security interest encumbrances and clains of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perforn—ce of the terns and conditions hereof, failure or delay to 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 fix goods hereunder or approval ofthe design, shall not release the Seller of any of the wannnties of obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performance hereof of any of its rights of remedies as to any such goods, regardless of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by die Purchaser operate as a waiver of any ofthe terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting fioni antitrust violations are in fact Ix me by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter acquired under federal of state antitrust laws fix such overcharges relating to the particular goods or services purchased or acquired by the Purcl .aser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. It tile Iurchaser directs the Seller to correct nonconfimning or defective goods by a date to be agreed upon by the Purchaser and the Seller. and the Seller thereafter indicates its inability of unwillingness to comply, the Purchaser may cause the work ni be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. 'file Seller shall release the Purchaser and its contractors of any tier froni all liability and clains of any nature resulting fioni the pertumiance of such work. This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors. officers and employees of such party. The Seller's contractual obligations. including warranty. shall not be deented to be reduced, in anyway, because such work is performed m caused to be perfimttted by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, nlaterial m process covered by letter. patent, trademark m copyright. the Seller shall indennifi and save harmless the Purchaser from any and all clains for infiingenent by reason of the use o(such patented design. device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense of d:nmage which it nary be obliged to pay by reason of such infringement at any time during the prosecution or afier the completion of the work. In case said equipment, of any pail themofoi the intended use of the goods, is in such suit held to constitute inliingenment 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 non-infiinging equipment, ur modify it so it becomes nun-infi'inging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, stake an assignment for the benefit ofereditors, appoint a receiver or trustee for any ofthe Sellers property of business, this order may forthwith be canceled by the Purchaser Without liability. lo. GOVERNING LAW. 'file definitions of terns used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. 'File lbilowine Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of sellers Repiesentative(s), oil the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cany on said work at Seller's own risk until the same is 'idly completed and accepted. and shall, in case ofany accident, destruction or injury to the work and/or materials before Sellets final completion and acceptance, mplcte the work at Scllta s own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others fur 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/m equipment were tieing famished bythe Seller under the order. 18. INSURANCE. ''he 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 carry coniprehensive general liability including, but not limited to, contractual and automobile public liability insurancewith bodily injury aid death limits of at least $300,000 for any one person. $500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance Before any ofthe Sellers or his contractors 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 expires. The Seller agrees that such conpensaion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunes the entire responsibility and liability foray and all damage, loss m injury of any kind m nature whatsoever to persons or propertycaused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pn'ahaSel'x officers, agents and employees from and against any and all chains, losses, damages. charges or expenses, whether director indirect. and whether to persons or property to which the Purchaser stay be put or subject by reason of any act. action, neglect, omission or default on the pat of the Seller, try of his contractors. m any of the Sellers or contractors officers, agents of employees. fit case anysuit or other proceedings shall bebrought against the Purchaser, or its officers. agents or employees at any time on account of by reason of any act, action, neglect, omission or default ofthe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assure the defense thereof and to defend the sane a the Sellers own expense to pay any and all costs, charges, atmrneys fees and other expenses, any and all judgments that maybe incurred by or obtained against the Purchaser of any of its of their officers. agents m 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 oras a result ofsuch suits of other proceedings. the Seller Will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller 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 rules and regulations issued pursuant thereto. Revised 04/2000