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HomeMy WebLinkAbout465532 CONCRETE STRUCTURES INC - PURCHASE ORDER - 9956764Date: 12/8/2009 City of F6rt„Collins Page Number: 1 Purchase Order Number: 9956764 Delivery Date: 11/12/2009 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 7,412.00 change order 1 3 1 LOT 6,440.40 change order 2 Total $13,852.40 Invoice Address: City of Fort CoWinDirector of Purchasing and Risk Management City of Fort Collins This order is n 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry S4-6000557 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 la (n). Goods Rejected, GOODS REJECTED due to failure tm meet specifications. either when shipped nr due to defects of damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written insuvetions from the City of Port Collins. Inspection. GOODS are subject to the City of Fun Collins inspec Final Acceptance. Receipt ofthe merchandise, services m equipment in response to this order caul result in authorized payment on the pan 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 Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 50522. unless otherwise specified on this order. I f pennission is given to prepay freight and charge separately, the original fieight bill 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 from the nearest distribution point to destination. and excess height will be deducted rout Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessarypertains, cert1f➢entes and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subefivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work ol'vendor. Seller huther agrees to hold the City of For Collins harmless from and against all liability and loss incurred bylhcnr by reason of an asserted or established violation of any such laws. reguhnions. ordin:mccs. rules and reyuirentcros. Authorization. All parties to this contract agree that the representatives are. in fact. Ilona tide 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 herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated 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 inunediately if-vou cannot make complete shipment to naive on your promised delivery date as noted. Time is of the essence. Delivery and pet torriatce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, avithout limitation, acceptance ofpanial late deliveries, shall operate as a 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 lit damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities. fires. strikes, food, 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 fit the event ofany such belay, the date ot'deliweryshall be extended for the period equal to the titre actually lost by reason of the delay. 3. WARRANTY. The Seller wan"ants 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 pertirmcd with the highest degree of cre and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless frontally loss. damage or expense which the Purchaser pray suf7er or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising.within one (1) year or within such longer period of time m nvay be prescribed by law or by the terns of any applicable wat'anty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or delective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchase shall not constitute a waiver of :my 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 lowering warranties or guarantees. 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 make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL_ TERMS. The Purchaser nay make any changes to the terns, other than legal leans. including additions tar art deletions Irons the quantities originally ordered in the specifications or drawings. by r verbal owriucn 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 Purchaser may at anytime by written change order, terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjusttment between the parties m to any work m 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 node in fa'or ofthe Scllcr with respect to any goods which are the Sellers standard stock. No such lermiraion 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 must be asserted within thirty (30) days from the date the change or termination is ordered. S. 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 hca'ein by this reference The Seller agrees nr indemnify and hold the Purchaser harmless from all costs and danuges 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 govemmern contract" within the meaning of Article XXVIII ofthe Colorado Constitution ("Article XXVIII" ), then the provisions of Section 15 ofAnicle XXVIII are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other Pelson who is a "contract holder" m 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 bc ineligible to hold any sole source government contract, or 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. 10. 'ITI LE. The Seller tvarrains fill. clear and unrestricted title to the Purchaser fix all equipment, materials. and items furnished in perturolDnee of' this agreement, free all clear of any and all liens, restrictions, reservations, security interest encrmbnu.ecs and claims of others. 11. NONWAIVLk. Failure of the Purchaser to insist upon strict performance of the tennis and conditions hereof, flikre or 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 fill goods hereunder or approval ofthe design, shall not release the Seller of any of the wil-lilies or obligations of this purchase order and shall not be deemed a waiver of any night of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, I eceived or accepted. as to any prior or subsequent default het eunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the ternt9 hereof 12, ASSIGNMENT OF ANTITRUST C•.LAI MS. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front antitrust violations arc in fact horse by the Purchaser. Theretofore. for good cause and as consideration for executing this pttrchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the pmticular goods m services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PU RCIIAS I: RS Pf_R1:0RMANCE OF SELLERS OBLIGATIONS. II the Purchaser directs the Seller to col ect nonconforming or defective goods by a date to be agreed upon by the Pill chascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it- and the Seller shall pay all costs associated with such work. The Scller shall release the Purchaser and its contractors orally net It all liability and chains ofany nature resulting front the perlitrmanc, of such work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees of such patty. 'file Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any wary. because such work is perfomned or caused to Ix performed by the Purchaser. Id. PATEN "IS. Whenever the Seller is required to use any design. device, material or process covered by letter, paten, trademark or copyright, the Seller shall Indemnify and save harmless the Purchaser fi our any and all claims for infringement by reason of the use ofsuch patented design. device. material or process in correction with the contract, and shall indemnify the Purchaser f n" any cost, expense or damage which it tray lx obliged to pay by reason of such tali ingement at any time during the prosecution or after the conaplet ion of due work. In case said equipment, or any pail thereof or the intended use ofthe goods, is in such suit held to constitute infi-ingenaent and the use of said equipment or part is enjoined- the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same wida substantially equal but non -infringing equipment, or modify n so it becomes nun-ili im,inc. 15. INSOLVENC'Y If the Scller shall become insolvent or bankrupt. nuke an assignment for the benefit ofcreditors, appoint a receiver or trustee tin any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the innaluetntion of the agreement and the rights of all parties hereunder shall laic 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 hei eunder. including the sa'vices of Sellars Representalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. "rhe Scller shall cant' on said work at Sellers own risk until the same is filly completed and accepted. and shall, in case of :av accidenl, destruction or injury to the work and/or materials before Seller's final completion and acceptance, unrplete the work at Seller's own cxpeuse and to the satisfaction ofthe Purchaser. When materials:ref equipment; is furnished by others fix installation or erection by the Seller. the Seller shall receive. unload, store and handle sane at the site and become responsible therefor as though such materials and/or equipment were being famished bythe Seller unI,, the order. 18. INSUkANCL The Scller shall, al his oxen expense. provide lit the payment ofworkers compensation, including occupational disease benefits. to its employees employed on m in connection with the work covered bythis 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 insurance with bodily injury and death limits of at least $300,000 for any one person. S500,000 for any one accident and property danuge limit per accident of $400,000. 'rhe 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, the Seller shall fiunish 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 certificales 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 AGAI NSf ACCIDENTS AND DAMAGES. 'I he Seller hereby assumes the entire responsibility and liability fit any and all damage, loss or injury orally kind or' nature w•h;usoeverto persons or properly caused by or resulting front the execution of the work provided for in this purchase order or in connection hcrewith.'file Seller will indemmnify and hold harmless the Purchaser and any or:dl of the Purchscrs officers. agents and employees from and against any and all dains, 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 any an, action, neglect, omission or default on the put offli Seller, any ofhis contractors or any of the Sellers or contractors offices, agents or employees. In ease ally suitor other proceedings shall be brought against the Purchaser. m its otticers. agents or employees at any tine on account or by reason of anv act. action, neglect. orission or default of the Seller orally of his contractors or any of its or their officers, agents m employees as aforesaid, the Seller hereby agrees ro assume the defense thereof and to defend the same rat the Sellers own expense, to pay any and all costs. charges, attorneys lees and other expenses, any and all judgments that maybe inctnaed by or obtainedagainst the Purchaser m airy of its or 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 oft lie Purchaser, or said parties in or m a result of such soils or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving frond or otherwise. "fhe Scller and his contractors shall take all safely precautions, furnish and install all guards necessaryfirm 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 04/2001)