HomeMy WebLinkAbout214608 PBS&J - PURCHASE ORDER - 9957356Date: 12/9/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9957356
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
Harmony Rd. Bridge Rpclmt.
Post Design Services.
11
WO #HB-400902102.6-01
City of Fort Cqffino Director of Purchasing and Risk Management
This order is nNQlhalid over $5000 unless signed by James B. O'Neill Il, 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
16, 500.00
Total $16,500.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Ntunter is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
I inertial Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due 10 failure to meet specifications, either when shipped os clue to defects of
damage in transit, rally 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 Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response nt this order can result in authorized
payment on the part of the City of Fort Collins. However, it is to be utdcrstood that FINAL ACCEP I ANCF is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B.. City of Foil Collins. 700 Wood St., For Collins. CO S0522, 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 for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts ofthe country, shipment is expected
It the nearest distribution point to destination, and excess freight will be deducted 11 out Invoice when shipments are
made from greaser 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. lei T1101V or politicd stdxfivision where the work is
performed, or required by any other duly constituted public authority having Jurisdiction over the work of ecndor.
Seller further agrees to hold the City of Ion Collins harmless fionm and against all liabilityand nd loss incurred by themby
reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requiremans.
Authorization. All parties to (his contract agree that the representatives are. in tact, lemma fide :aid possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Orderexpressly limits acceptance w the terms and conditions stared herein
set forth and any supplementaryor additional terms and conditions annexed hereto or incogxtrated 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 if you cannot stake complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance nnrst be effected within the tittle
stated on the purchase order and the documents attached hereto. No acts ofthe Purchasers including, without
limitation, acceptance ofpatial late deliveries, shall operate as a waiver of this provision. In the event ofanydel: y, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable fur damages. However, the Sellcr shall not be liable lit 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, walls Lu riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within live (5) days ofthe lime
when the Seller first received knowledge thereof. In the event ofany such delay. the dale ofdeli-ly shall Ix extended
for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller warrants that all goods. articles, materials and work covered by this order will confimmn with applicable
drawings. specifications, samples and/or other descriptions given. will be fit tins the• purposes intended. and perfonmed
with the highest degree of care and competence in accordance with accepted standards lit work ofa similar nature.
The Seller agrees to hold the purchaser harmless from any loss, damage or expense %high tile• Put'Claase'r may sutler or
incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or stake good. wilhoul cost to the
purchaser. any defects or faults arising Within one ( I ) year or within such longer period of time as troy Ix proscribed by
law or by the tens of any applicable w•nranty provided by the Seller alter the date of acceptance ofthe goods
Furnished hereunder (acceptance not m be unreasonably delayed). resulting front imperfect or defective was done or
materials furnished by the Seller. Acceptance m' use of goods by the Purchaser shall not constitute a waiver of any
claim under this warany. 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 fixegoing nvart:antics or gual tunces. 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'm legal tents by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Porch—t play make;my clnnges to the terns, other than legal terns. including additions m or deletions firnn the
quantities originally ordered in the specifications or drawings, by verbal of col itlen change order. If ally such change
affects the amount due or the time of performance hereunder, an egidtable adjusment shall be made.
6. TERMINATIONS.
The Purchaser ntay m any time by Written change order. terminate this agreenment as to any or all portions of they goods
then not shipped, subject to any equitable adjustment between the parties as to any myork or materials then in progress
provided that the Purchaser shall not be liable for any clains for anticipated profits on the uncoulpleled portion ofthe
goods and/or Work. for incidental or consequential damages. and that nu such adjustment be made in favor oftheSeller
with respect to any goods which are the Sellers standard stock. Nu 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 clains for adjustment must be asserted Within thirty (30) days fiom 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 ILII IIIShCll in strict
compliance with all applicable laws and regulations to Which the gooeis arc subject. The Seller shall exeunc laul deliver
such documents as may be required to effect m evidence compliance. All laws 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 tile• Iurchaser as a result of the
Sellers failure to comply with such Inv.
If and only to the extent this [Agreement] constitutes a "sole source goveruncnt contact" within the meaning of
Article XXV I I I of the Colorado Constitution ("Article XXV I I I'•). then the provisions o1'Section 15 ol-Anicle XXVI I I
are hereby incorporated into this [Agreement]. In such a rase. if the [C'onnactor] or any other person who is n
"contract holder" as defined in Section 2(4.5) of Article XXV III intentionally viokncs Section 15 nr Section 1 7(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source govemnlent contract. or
public employment with the state of Colorado many of its political subdivisions. lit three years.
9. ASSIGNMENT.
Neither party shall assign. transfer. m convey this order. or any monies due or to become due hereunder without the
prior written consent ofthe other piny.
10. TITLE.
The Seller warr ants full, cleat and unrestricted tide to the Purchaser for all equipment, materials, and items famished in
perfonnasce of this agreement, fee and clear of any and all liens. restrictions, reservations. security interest
encumbrances and clains of others.
I I_ NONWAIVER.
Failure of the Purchaser tan insist upon strict perfonmtuace of the tens and conditions hereof• failure urn delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach,
the acceptance of or payment for goods hereunder m approval ofthe design. shall not release the Seller of any ofthe
waranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict perfinntance hereof or any of its rights or remedies as to any such goods. regardless of When shipped,
received or accepted, as to ;ay prior or subsequent default hereunder. nor shall any purported oml modification m
rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAINIS.
Seller and the I'urehaser recognize that in actual economic practice, overcharges resulting from ❑ntioust violations:ue
in fact borne by the Purchaser.'Theretofore, for good cause and as consideration tot executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired wider Federal or slate
antirust laws fur such overcharges relating to the particulate goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller In correct nonconfbnming or defective goods by a date to be agreed upon by the
Purchaser and the Seller.:url the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be perlinnaed 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 conuactors of any tier front all liability and claims ofany namae resulting
from tile pel l0onanee oFsuch work.
This release shall apply teen in the event of fatdt of negligence ofthe party released and shall extend to the directors.
officers and employees of such pally.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way. txcause 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 harmless the Purchaser fionn any and allclains forinfiingemment byre:son
ofthe use of such patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser tier any cost, expense or damage which it maybe obliged to pay by reason ofsuch infi'ingement at any time
during the prosecution or after the completion ofthe work. ]it case said equipment. or any pat thereof or the intended
use of the goods, is in such suit held to constitute inn ingement 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 Snore With substantially equal but non -infringing equipment, or modify it so it becomes
nun-infiinging.
I5. INSOI_VL-NC1'.
If the Seller shall become insolvent or bankrupt. make an assignment for the benefit ofcreditors, appoint a receiver it -
trustee fill any of the Sellers properly or business. this order may tonhWiih be canceled by the Purchaser without
liability.
R, GOVERNING LAW.
The definitions of tenors used or the interpretation ofthe nereement and the rights of all parties hereunder shall be
construed under and governed by the laws of the Stave of Colorado. USA.
l he 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 carryon said work at Seller's own risk until the sane is fully completed and accepted. and shall, in use
of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
o,plem rile work a Seller's umyn ecpensc:tad to the satisfaction ofthe Purchases. When materials and equipnment:un
furnished by others for installation or erection by t e Seller, the Seller shall receive, unload, store and handle same nt
the rile and become responsible 111crC601❑s though such males inls and/or equipment were being furnished bythe Sellcr
unc1C [lie osdet.
IS INSU RANC'li.
I I Seller shall, a his own expense. provide fix the payment of coos loess compensation, including occupational disease
benefits. to its employees employed on or in connection tvitla the work coverecl by this purchase order. and/or to their
dependents in acaxdaace with the laws ofthe state in which the work is to be done. The Seller shall also Gory
comprehensive general liability including, but mat limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least $300,000 fits any one person, $500,000 for anv one accident and properly
damage limit per accident of $400 000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and insurance. Befine any of the Sellers or his contractors employees shall do any work upon the
premises of others, (he 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.
IQ PROTECTION AGAINST AC'CI DENTS AND DAMAGES.
The Seller hereby :assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
natal Whatsoever to pet suits or property caused by m resulting fi out the execution ofthe work provided for in this
purchase order or in connection lie, ewith.'The Seller will indettuifv and hold harmless the Purchaser and any or all of
the POr'Cht6ers alficcrs, agents and employees front and against any and all clains, losses, damages, charges or
expenses. Whether direct of indirect. and Whether to persons or property to Which the Purchaser may le put or subject
by reason of ay act ;action. neglect. omission or default on tlne part ofthe Seller, any of his contractors, or any of file
Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser. or its olficers, agents of employees at any tittle on account or by reason ofany act, action. neglect,omission
or default of the Seller of ally of his conoactors orally of its or their officers. agents or employees as aforesaid, the
Seller Incrcby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and
all cost. charges, attorneys fees and other expenses. any and all judgments that maybe incuned by or obtained against
the Purchaser or any of its or their officers, agents m employees in such suits or other proceedings, and in case
judgment or other lien le placed upon or obtained against the property ofthe Purchaser, or said pities in or:s a resuh
of such suits or other proceedings, the Sellcr Will at once cause the same m be dissolved and discharged by giving bond
urn othetwise.'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 reeard to safety including, but without
lialitalion. the Occup:lion l Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009