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HomeMy WebLinkAbout214608 PBS&J - PURCHASE ORDER - 9957357Date: 12/9/2009 City of F6rt .Collins Page Number: 1 Purchase Order Number: 9957357 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 68,437.50 2009 Street Maintenance "r WO #B-SD-01 Shields over Larimer Canal #2 Bridge Replacement. Total $68,437.50 Invoice Address: City of Fort CqffinDirector of Purchasing and Risk Management City of Fort Collins This order is alid 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 Foil Collins is exempt from state and local taxes. Our Exemption Nunnber is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-20. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in unnsit, may be returned to you for credit and at not to be replaced except upon receipt of written instructions from the City of Foil Collins. Inspection. GOODS are subject to the City of Fott Collins inspection on :urival 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 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 P.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 80521_, unless otherwise specified on this order. Ifperntissiun is given to prepay height :tad charge separately. the original fright bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans ofthe country. shipment is expxeted font the nearest distribution point to destination, and excess freight will lx deducted front Invoice when shipments ere nude fi out 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 perforated, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless floor ;tad against all liability and loss incurred bythcna by reason of as asserted or established violation of'any such Imes. regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc. in Pict. bona fide and possess hill and complete authority to bind said parties. LIMITATION OF TERMS. This Pw'chasc Order expressly limits acceptance to the terms ❑nd conditions stated herein set forth and any supplementary or additional terns mad conditions annexed hereto or incotporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arive on your promised delivery date m noted. Time is ofthe essence. Delivety and performance must be effected within the tinge stated on the purchase order and the documents attached hereto. No acts ofthe Purclu•sers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of:uydelay. 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 lit damages as a result of delays (Inc• to causes not reasonably foreseeable which are beyond its reasonable control and wilh)ul its fault of negligence, such octs of God, acts of civil or military authorities. governmental prioi ities. tires. stt ikes. flood. epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof fit the event of any such delay. the (late of(leliveryshall be extended for the period equal to the time actually lost by reason of the dela \ 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will condo, with applicable drawings. specifications, samples and/or other descriptions given, will be fit lit the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standmuds fit work of a similar namre. The Seller agrees to hold the purchaser harmless fi onn any loss, damage or expense which the Purchaser nhay sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without cost «I the purchaser, any defects or faults arising within one ( 1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by [he Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fronn imperfect or defective work clone or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of ary claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to till damages proxinnately caused by the breach of any ofthe foregoing warranties or guerauees, 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. CHANGES IN LEGAL TERMS. The Purchaser may snake changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terns• other that legal terns, iuc It addinous to or deletions fionuhe quantities originally ordered in the specifications or drawings. by verbal in t ,titten change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchser may at any tithe by written change order, terminate this agreement as to any or all portions ofthe goers 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 any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages. and that no such adjustment be nmde in favor of the Seller with respect to any goods which are [he 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 nest be asserted within thirty (30) days front 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 nay be required to effect or evidence compliance. All laws and regulations required [) be incorporated in agreements of this character are hereby incorporated herein by this reference. The Selle agrees t) indemuify and hold the Purchaser harmless fronn all costs and damages sutlered by [Ile Purchaser as !r 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 XXVIII ofthe Colorado Constitution ("Article XXV II I"). then the provisions of Section 15 ofAnicle XXVIII are hereby incorporated into this [Agreement]. In such a case, if the [C0110Z1 tor] )r any other person who is it "contract holder" as defined in Section 2(4.5) ofAnicle 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 contract, ur public employment with the state of Colorado or any of its political subxfivisions, tin three years. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due in to become Clue hereunder without the prior written consent ofthe other party. 10. The Seller warrants till], clear and unrestricted title to the Purchaser for all equipment, nutterials, anti hens furnished in pertixncuue of this ❑p...... it. tiee and clear of any and all liens, restrictions, reservations, security interest cnainabrances and claims of others. 11. NON\\'AI\'I--R. Failure of the Plht'CIhaSCr10 insist upon strict performance of the terns and conditions hereof fhihne or delay to xerclse any rights or remedies provided herein or by Irv, failure to promptly notify the Seller in the event of a breach. Elie acceptance of or paynncnt fix goods hereunder or approval of the design, shall not release the Seller of any of the w:unml ics or obligat ions of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfinnnonce hereof or anv of its rights or remedies as to any such goods, regardless of when shipped, rcceiecd 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 awry of the terns hereof. 12. ASSIGNMENT 017 ANTITRUST C'LAIIIS. Sellerr:rut the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact Itorne by the• Purchaser. Therctofire, for good cause and us consideration fix executing this purclhseorder, the Seller hereby assigns m the Purchaser any and all claims it may now have m hereafier acquired under federal or state antitrust laws fill such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order- 13. FU RC'IIASE RS PERFORMANCE 01: SELLERS OBLIGATIONS. If the Purchase' directs the Seller to correct nonemntonning or defective goods by a date to be agreed upon by the Purc user:tad the Seller. and the Seller thereafier indicates its inability m umvillingness to comply, the Purchaser may cruse the work to tic perfvnred by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. 'I he Scllrr shall release the Iurchaser:md its contractors of any tier fi'onn all liability and claims of any nature resulting fioma the I-linmaance )['such work. '['his release shall apply even in the event of f:mlt of negligence of the party released and shall extend to the directors, officers and employees )fsuch petty. "The Seller's cont]acutal obligations. including warary, shall not be deemed to be reduced. in :any way, because such work is pertint»ed or caused to be pa formed by the Purehaser- 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyrigln, the Seller shall indemnif y and save harmless the Purchaser fronh any and all claims far infingentent by reason ofthe use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fix any cost. expense or damage which it may be obliged to pay by reason of such infi ingennent in any time during the prnsecuti)n or after the completion ofthe work. In case said equipment. or any pan thereof or the intende(I use ofthe goods, is in such suit held to constitute iri ingennent and the use of said equipment or put is enjoined, the Seller shall. at its own expense :end at its option• either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but non-infi inning equipment. or modify it so it becones non-int'ringinc. 15. INSOLVENCY. Ifthe Seller shall become insolvent or bankrupt, stake an assignment fill the benefit ofcreditors, appoint a receiver or trustee IN :111y of the Sellers property or business. this order nnay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. 'file definitions of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under :tail governed by the lots of file State of Colorado, USA_ 'fhc lidlowiug 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 RESPONSIBILfI Y. The Seller shall cur ry ou said work ❑t Seller's own risk until the same is fully completed and accepted, and shall, in cat of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance. )naplctc the (vork al Sellei'.s oo it expense and to the satisfaction ofthe Purchaser_ \Nuen materials turd equipment arc tarnished by others fix instalkition or erection by the Seller, the Seller shall receive. unload, store and handle sane at the site and become responsible the•retix as though such nterials and/or equipment were being furnished by the Seller under the order. I8. INSURANCE. -I he Seller shall• at his otvn expense' I ide fix the payment ofworkers 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 wink is to be done. The Seller shall also enny conaptchensive general liability including, but not limited to. contractual and automobile public liability insurance with budily injuy and death limits of at least $300.000 for any one person. S500L000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Belize any of the Sellers or his contractors employees shall do any will upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such conhpensation 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 he nuintained until after the entire work is completed and accepted. 19. 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 nauur whatsoever 10 persons )r property caused by or resulting fionh the execution ofthe svmk provided for in this purchase )idler or in connection herewith. The Seller will indemnify and hold harmless the Purchser and any or all of the Purchasers officers. agents and employees fiona and against any and all clains, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser maybe put or subject by reason of may act• action, neglect, omission or default on the pan ofthe Seller, any ofhis contractors, or any ofthe Sellers )r contractors officers. agents ur employees. In case any suit or other proceedings shall be brought against the POa'ChlaSca', nr 11s ollicers, agents or employees at anv time on account or bay reason of anv act, action, neglect, onnasion or default ofthe Seller of any of his coanractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrccs to assume the defense thereof and to defend the same at the Sellers own expense• to pay any: nd all costs. charges, attorneys Ices and other expenses, any and alljudgnhents that maybe 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 or other lien Ile placed upon or obtained against tle property )Rile Pwehaser, or said parties in ors a result ofsuch suns or other proceedings. the Seller will at once cause the scone to be dissolved and discharged bygiving b(rul or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessarytit Elie prevention )I accidents, comply with all laws and regulations with regard to safety including• but without linIMA1011. the Occupational Safety anti Health Act of 1970 and all rules and regulations issued pursuant thereto.