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HomeMy WebLinkAbout485407 LANDTECH CONTRACTORS INC - PURCHASE ORDER - 9112126 (3)City of Fort Collins PURCHASE ORDER Date: 0411412011 Vendor: 485407 LANDTECH CONTRACTORS INC 525 N LAREDO ST AURORA Colorado 80011 PO Number Page 9112126 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 04/14/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Veterans Plaza Project 1 LOT LS 144,371.00 PER TERMS AND CONDITIONS OF BID 7204 AND AGREEMENT DATED MARCH 24, 2011 2 Veterans Plaza Project 1 LOT EA 25,000.00 Total $169.371.00 0 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department 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 Fog Collins is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Catifcte of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein at by law, failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to racer specifications, either when shipped of due to defecs Of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmmit may be returned to you for credit and are not to be replaced except upon receipt of a+iten Purchaser to insist upon steel performance haeofor any of its rights or remedies as to any such graids. regardless instructions from the City of Fog Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall nor purported oral modification Or rescission of this purchase order by the Purchaser operate as a waiver of nnv Of the tern,, Ire patio,,. GOODS are Subject to the City of Fort 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 pan of the City of Fan Collins. Hossever, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front m itmat ACCEPTANCE is dependent upon completion of nil applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitnrsr laws for such OvcTehaTFCS relating to the particular goods or services otherwise specified on this aides. If permission is given to prepay freight and charge separately, the arigmaL freight purchased or acquired by the Purchaser pursuarg 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 manufacturer have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct eta r onfomring or defective gods by a date to be agreed upon by the expected from the ,,carat distribution point to dalmatian. 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 arc made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Sella shall pay all costs associated with such work. Permits. Sella shall procure at selless side cast all necessary permits, carificams and licences required by all applicable laws, regulations, ordinances and miles of the sure, municipality, territory or political subdivision whom the work is performed, of 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 form and against all liability and lass incurred by them by reason of an asscrted or established violation of any such laws, regulations. ordinances. miss and requirements. Arol arization. All panics to this conmaet agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms 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 farms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on 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 began. No act of the Purchasers including, wilhmn limitation, accetunce of partial late deliveries, shall operate as a waiver of this provision. In the event Many 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 Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its foul, of negligence. Such acts of Gad, act of civil or military authorities, governmental pricrilica, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing Such delay is given to the Purchaser within five (5) days of the 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 Ins: by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work emceed by this order will conform with applicable drawings, specifications, samples and/err other descriptions given, will be fif for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar notate. 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 Scllers breach of warranty. The Seller shall replace, repair or make good, without car to the purchaser. any defects at faults arising within one (1) year or within such longer paind of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seiler after the date of acceptance of the goods fomished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use 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 alldamages proximately caused by the breach of any Of the foregoing warranties or guarantee, bra such liability shall in no event include loss of profits or loss Muse. 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 may make any changes to the term, other than legal terms, including additions to or ddctions from the quantities originally ordered in the Specifications or drawing, 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 Purchaser may at any time by written change order, terminate this agreernonf as to any or all potions of the goods 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 no be liable for any claims for anticipated profits an the uncompleted portion of the goads and/or work, fed incidental or co exaqucntisl damages, and that no such adjustment be made in favor of the Sella with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any of their obligations es to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, bold, delivered and famished 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 evidamcc compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase harmless form 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 council of the other party. 10. TITLE. The Scllmwarrants full, clear and unrestricted title to the Purchases for all equipment, materials, and items famished in perfmmance 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 end its eantraams of any tier front all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the even] of fault of negligence of the party released and shall extend to the directors, oRcas and employees ofsuch pam. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because 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 a process 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 a damage which it may be obliged to pay by reason of mch infringement at any time during the prosecution or after 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 parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receive, or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Scllers Representative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Settees 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 Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler, the Seller shall receive. trained, stare and handle same at the site and become responsible therefor as though such materials and/or equipment rveto being furnished by the Seller under the order. IR. INSURANCE. The Seiler shall, at his own expense, provide for the payment 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 be done The Seller shall also tarty comprehensive general liability including, bra not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast 5300.000 for any one person. $500.000 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 Seller shall frrnish 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 cctificates 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. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raponsibility and liability for any and all damage, toss or injury Ofaay kind or nature whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify old hold harmless the Purchaser and any or all of the Purchasers officers, agents and employes form and against any and all claims, Irises, damages. charges or expenses, whether direct or indirect, and whether to persona or property to which the Purchaser may be put or Subject by reason of any act, action, neglect omission or default on the pat of the Seller, any of his eont m ors, at any of the Sellers or contractors affects, agents or employees. In use any suit at other proceeding shall be brought against the Purchases, m its o icas. agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Sella of any of his euntraaors at any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense theeof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other cxpcma, any and all judgments that may be incurred by or obtained against the PUTchescr Or any of it or their officers. agents or employes in such Suits or other proceeding, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said panics in or as a Touch of such Suits or other proceeding, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards necessary for 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 themto. Revised 0312010 -.