HomeMy WebLinkAbout214608 PBS&J - PURCHASE ORDER - 9957358Date: 12/9/2009
City of
ort Collins
Page Number: 1
Purchase Order Number: 9957358
Delivery Date: 12/9/2009 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 46,783.00
2009 Street Maintenance
WO #B-LW-01
Laporte & Whitcomb Bridge Replacement.
Total $46,783.00
Invoice Address:
City of Fort C in Director of Purchasing and Risk Management City of Fort Collins
This order is n'Qlhalid over $5000 unless signed by James B. O'Neill 11, 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 Font Collins is exempt font 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. Chapter 39-26. 1 14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or title to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins -
Inspection. GOODS are subject to the City of For Collins inspection on an iva
Final Acceptance. Receipt of the merchandise, se vices m equipollent in response to this order can result in ant hoi ized
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 Terns. Shipments must be EQ.B.. City of For Collins. 700 Wood St., Fort Collins, CO 80522. unless
otherwise specified on this order. Ifpennission is given to prepay fl-eight and charge sepnintely, the original height bill
must accompany invoice. Additional charges for packing will not be acceplyd-
Shipment Distance. Where manufacnueis have distributing points in various pans of the country. shipment is expected
f oat the nenest distribution point to destination, and excess freight will be deducted font Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessmy permits, eei tilic;ucs and licenses required by all applicable
laws, regulations, ordinances and odes of the state, municipality, tell inny or political subdivision where the work is
performed. of required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller futhei agrees to hold the City of Fort Collins harmless horn and against all liability and loss- incurred bythenh by
reason of an asserted or established violation of any such laws. regulnions, ordinances, rules and requirements.
Authorization. All patties to this contract agree that the representatives arc. in fact. bona fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein
set forth and tiny supplementary or additional tetras and conditions annexed hereto or incorporated herein by i ete once.
Any additional or different terms and conditions proposed by seller are objected to and hereby rejecter-
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot stake complete shipment to arrive oil your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of patial late deliveries, shall opetate as a waiver of this provision. In the event of any delay, the
Pucchasei 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 fill damages as a result of delays Line to
causes not reasonably foreseeable which ate beyond its reasonable control and without its f Rlit of negligence, such acts
of God, acts of civil or military authol ities. governmental priorities, tires, strikes, flood. epidemics. will or riots
provided that notice of the conditions causing such delay is given to the I'm chaser within five (5) days of the time
when the Seller first received knowledge thereof. In the event ofany such delay, due date of delivery shall be extended
for the period equal to the time actually lost by reason of the delay_
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will corifisnh with applicable
drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and perfitnned
with the highest degree of care and competence in accordance with accepted standards for work of a similar nauue.
The Seller agrees to hold the purchaser harmless tom any loss, damage or expense which the Purchaser stay sutler of
incur on account of the Sellers breach of warranty. The Seller shall replace. repair of make good. without cost to the
purchaser, any defects or faults arising within one (1) yeat or within such longe period oft inie m maybe prescribed by
law or by the terms of any applicable warranty provided by the Seller after the (late of acceptance of the goods
furnished hereunder (acceptance ❑ot to be unreasonably delayed). resulting tom imperfect or defective work done of
materials furnished by the Seller Acceptance cruse 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 proxinnotely.caused by the breach of any otthe finegoing warranties or guarantees, but such
liability shall in no event include loss of profits of loss of tic NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY
4. CHANGES IN LEGAL TERMS.
The Purchaser may stake changes to legal tens by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser nay make any changes to the tents, other than legal terns. including additions to of deletions fi entthe
quantities originally ordered in the specifications or drawings, by verbal of written change order: If arty such change
affects the amount due of the tinie of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at anytime by written change order, terminate this aereement as to any or all portions otthe goods
then not shipped, subject to any equitable adjustment between the parties as to any work of materials then in progress
provided that the Purchaser shall not be liable for any claims lot anticipated proms on the uncompleted portion ofthe
goods and/or work. for ineidentol or consequential damages. and that no such adjustment be made in fin'or ofthe Seller
with respect to any goods which are the Sellers standard stock No such tennination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered Inercundei.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fimn the date the change m tennination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced. sole, 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 compliancc. All fawn 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 front all costs and damages suffered by the Poi"ChaSCIas it result 01 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 XXVIII ofthe Colorado Constitution ("Article XXVIII" ), then iho provisions of Seddon I5 of.Article XXV II I
are hereby incorporated into this [Agreement]. In such a case. if the [Convacnv-I or any other person tvho is u
"contract holder" as defined in Section 2(4.5) of Article 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 convict, or
public employment with the state of Colorado of any of its political subdivisions, fill three yeins
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9. ASSIGNMENT.
Neither party shall assign, transfer. of convey this order. of anv monies duc of to become clue hereunder without the
prior written consent of the other party.
to. TITLE.
The Seller tw ni nins lull. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in
perfitnnnncc of this aereemcut, flee and clear of any and all liens, restrictions, reservations, security interest
enctu ibi ances and claims of others.
I I. NONWAIVER.
Fannie of the I'urchascr to insist upon strict performance of the terns and conditions hereof* failure of delay to
exercise wry rights unennedies pniwided herein or by law. failure to promptly notify the Seller in the event ofa breocln,
the accepuuce of or payment toot goods hereunder or approval of the design, shall rat release the Seller of any ofthe
Ivan antics or obligations of this purchase order and shall not be deemed a waiver ofany right oftlie purchaser to insist
upon strict pci an nance hereof or any of its rights of remedies as to any such goods, regardless of when shipped,
received tit accepted- as to any prior or subsequent default hereunder, not shall any purported oral modification or
rescission of this purchose order by the Purchaser operate is a waiver of any ofthe terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the PLt:C1etser recognize that in actual economic practice. overcharges resulting from antitrust violations are
in fact borne by the Purchaser. Theretofiue, for good cause and i s consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now Imve or hereafter acquired under federal or state
antitrust lanes for such overcharges relating to the partictdnr goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS -
It the I'urcli set directs the Selle to correct nonconforming or defective goods by i date to be agreed upon by the
Purchaser and die Seller, and the Schei thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be performed by the most expeditious means available to if* and the Seller shall pay all costs
associated with such t,ork.
The Seller shall release the Purchaser and its contractors ofany tie horn all liability and clains of any nature resulting
front the pez onnonce 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,
ofieers and employees ofsuch puny.
The Seller's conu-actual obligations, including warranty, shall not be deemed to be reduced. in anyway, because such
work is per fanned or caused to be performed by the Purchaser_ .
14_ PATENTS.
Whenever the Seller is required io use any design, device. material or process covered by letter, patent, trademark of
copyright, the Seller shall indemnity and save harmless the Purchaser font any and all claims for iri ingenent by reason
of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser fur any cost, expense of damage which it may be obliged to pay by reason of such infi ingennent at arty time
during the prosecut ion or after i he completion of the work. I it case said equipment, or any pan thereof or the intended
use of the is, is in such suit held to Constitute infingenient and the use of said equipment of pan is enjoined, the
Seller shml1. at its otwn expense and at its option. either procure for the Purchaser the right to continue using said
equipment of pat ts-. replace the same with substantially equal but non-intiFinging equipment, m modify it so it becomes
non -infringing.
U. INSOLVENC I'_
If the Seller shall become insolvent or hnnki upt. make an assignment Poi the benefit ofci editot s. appoint a receiver or
trustee for any of the 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 patties hereunder shall be
construed nutlet 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 12epreseatntive(s), on the premises of others.
17_ SELLERS RESPONSIBILITY,
The Seller shall tiny on said Work at Seller's own risk until the same is filly completed and accepted. and shall, incase
Of any accident. destruction m injury to the work and/or materials before Sellers final completion and acceptance.
onhplete the iwoik :it Seller's own expense and to the satisthction of the Purchaser. When naterials and equipment ac
fiunished by others Ibr installation or erection by the Seller, the Seller shall receive, unload, store and handle sane at
the site and beconne responsible lherefbr as though such materials and/or equipment were being furnished by the Seller
undo- the order.
I8. INSURAN( E.
The Seller shall at his own expense. provide to; the payment ofwoikeis compensation. includingoccupationaldisense
benefits, to its employees ennployed 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 cony
oniptehens'ive eeneml liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of it least .$300,000 for any one pet son. S500,000 for any one accident and property
damage limit per accident of S400A00_ The Seller shall likewise require his contractors. if any. to provide for such
compensation and insurance. Befoic anv of the Sellers or his contractors employees shall do any work upon the
premises of others. the Seller shall f inlish the Purchaser With a certificate that such eonnpcosation and insurance hare
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.
IQ PROTECTION AGAINST ACCIDENTS AND DAMAGES.
'I he Seller hereby assumes the entire responsibility and liability for anv and all damage. loss or injury of any kind or
name whatsoever to persons or property caused by or resulting front the execution of the work provided for in this
purchose order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any or allot'
the Purchasers officers. agents and employees from and against any and all claims. losses, damages. charges or
expenses. whether direct of 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 pail of the Seller. any of his contractors, or any of the
Selers or contractors oflieers, agents of employees. In case any suit of other proceedings simll be brought against the
Purchaser, or its officers. agents or employees at any time on account of by reason ofany act, action, neglect, omission
Ill default of the Seller Of in), of -his contractors or any of its or their officers, agents or employees m aforesaid, the
Seller hereby agtees to assume the defense thereofand to defend the sane of the Sellers own expense. to pay any and
all costs, ch:uges. attorneys fees and other expenses, any and alljudgments that may be incurred by or obtained against
the I'urchaser of 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 ofthe Purchaser, or said parties in m as atesult
ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged bygiving bond
or otherwise The Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryti i
the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without
limtitition, the Occupational Salety and Health Act of 1970 and all rules and regulations issued pursuant theieto-
Revised 04/2009