Loading...
HomeMy WebLinkAbout476185 AMERICAN CIVIL CONSTRUCTORS INC - PURCHASE ORDER - 9104728 (3)City of �,.F�or_t Collins Date: 04/12/2011 PURCHASE ORDER PO Number Page 9104728 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 476185 Ship To: ENGINEERING DIVISION AMERICAN CIVIL CONSTRUCTORS INC CITY OF FORT COLLINS 1601 W BELLEVIEW AVE 281 N COLLEGE AVE LITTLETON Colorado 80120 FORT COLLINS Colorado 80521 Delivery Date: 09/08/2010 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price r change order 6 1 LOT EA 1,247.60 College Harmony Improvements s change order 7 1 LOT EA-968.37 College Harmony Improvements Total $279.23 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by Irv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Gads Rejmtcd. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warmatics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be rddmed to you for credit and arc not to be replaced except upon receipt of wriuen purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regmAless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purponed coal modification m rescission of this purchase order by the Purchaser operate as a waiver of any of the Temt Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Pon Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitow ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedums. violations are in fact home by the PurchaSer. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchascr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins. CO 80522. unless acquired under federal or state entitmst laws for such overcharges relating to the particular goods or services otherwise, specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Variation to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point in various parts of the country, shipment is Tribe Purchaser directs the Seller to correct nonconforming or defective galls by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made fmm greater distance. may cause the work to be performed by the moot expeditious means available to it, and the Seller shall pay all cost associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, tcoitory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reemt of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in Let, bona fide and possess full and complete nmhority, to bind said patties. LIMITATION OF TERMS. This Purchase Order esptesdy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your promixcd dclivcry date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the document attached hereto. No act of the Pumhascrs including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event crony delay. 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 Scllcr shall not be liable for damages as a result of delays duc to causes not reasonably foreseeable which arc beyond its reasonable control and without it fault ofnegligence. such acts of God, act ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) devs ofthe time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be 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 conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for 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 from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make gad, without cost to 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 terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting Pont imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a waiver crony 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 ofany ofthe foregoing wamatics or guarantees, but such liability shall in no event include loss of profit or loss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to regal terms by written change Order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the goOntifes originally Ordemd in he specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfovnance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics 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 of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sel In with respect to any goods which are the Scllcrs 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 form the dam the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the galls am subject. The Seller shall execute and deliver inch documents as may be required to effect or evidence compliance. All laws and regulations rcgnimd to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and armstrictcd title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance crouch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such puny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or proses covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aficr the completion of the work. In case said equipment. or any pan thereof or the intended use Of the goods, is in such suit held to constitute infringement and the use of said equipment or pan 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 mounfringing equipment, or modify it so it becomes noniafringing. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkntpt, make an assignment for the benefit Of crMilon, appoint a receiver or trustee for any of the Sellers pmNny or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the Imes 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 Scllcrs Representative(s). on the premises ofothem. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sclich own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for 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/or equipment were being famished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the pzvment 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 he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily imary and death limiu Of at ]east S300,000 for any one person. S5p(1.000 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. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with i femificmc 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 Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire msponsibility and liability for any and all damage, loss or injury of any kind or nature whatocrer to persons or property amused by or resulting from the execution of the work pmvided for in this purchase order or in connection hefewilh. The Seller will inderam fy and hold harmless the Purchaser and any or all of the Purchawis officers, agents and employees room and against any and all claims loses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperry to which the Purchaser may be put or subject by reason of any net, action, neglect. Omission or default on the part of the seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit on other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of it or their officers, agents or employees as aforesaid. The Seller hereby agrees to assume the defense thereof and to defend the same at The Sellers own expense. To pay any and all costs, charges, auomeys fees and other expenses, any and ill judgments that may be incurred by Or obtained against the Purchaser Or any of its or their Officers, agent or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property ofthe Pumhaser. or said panics in m as a result ofsueh suits or other pmcccdings, the Seller will at race cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaulions, famish and install all guards necessary for the pmention 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 odes and regulations issued pursuant thcrcm. Revised 03/2010