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HomeMy WebLinkAbout476185 AMERICAN CIVIL CONSTRUCTORS INC - PURCHASE ORDER - 9114195 (3)City of Fort Collins PURCHASE ORDER Date: 07/19/2011 ' Vendor: 476185 AMERICAN CIVIL CONSTRUCTORS INC 1601 W BELLEVIEW AVE --- - ^ ---LitTLETON-Colorado 80120-`---"--"-- PO Ntimber " Page ' 9.114195 loft This number must appear on all invoices, packing slips and.lab'eis Ship To: ENGINEERING DIVISION CITY OF FORT :COLLINS . 281 N COLLEGE AVE ' FORT COLLINS Colorado 80521 Delivery Date: 07/19/2011 Buyer: � ' JOMN STEPHEN Note: Line Description 'Quantity UOM Unit Price -Extended, Ordered -Price unaenst.Improvements 1,L'OT...., 'LS 1,568,090.90 Streetscape project PER TERMS AND CONDITIONS OF BID7244 AND AGREEMENT DATED JUNE 28, 2011 ` 2 Utilities 1.,LOT ; EA 54;100.00 ,. s Utilities 1 LOT EA 50;000.00 - a Utilities 1 LOT EA. ,20,000.00 _ Total $1;692,190.90 City of Fort Collins Director of Purchasing and Risk Management Invoice Address: 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. I - , Tax exemptions. By statute the City of Fort Collins is exempt from state and 1=1 taxes. Our Exemption Number is 11. NONWANER. . I " s' 9841502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of f is fetus and conditions hacof. failure or delay to Internal Revenue, Deuva, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein a by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment fm goods hmcunda m approval ofthe design, shall not relese the Seller of Goods Rejected. GOODS REIECTED.due to facture to mespecifications, citha when shipped or due to defa,, of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmnsiq tu may be rerned to you for credit et and,are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hamfor any ofits rights or remedies as to any such goods, regardless instructions from the Cityof Fort Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder,nodshall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services Or equipment in response, to this order can result in amhorized payment on the part of the City of Fart Collins. Howvve6 it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.R. City of Fart Collins. 700 Wood St., Fort Collins, CO 80522. unless otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parr of the country, shipment is expected from the nearest distribution point to destitution: and excess freight will be deducted from Invoice when shipmcntsare madefmm greater distance. Permits. Sella shall procure at sellers sole east all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, m required by any other duly constitmed public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties in this contend agree that the representatives arc, in fad, bona fide and possess full and complete authority m bind said parties. LIMITATION OFdERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein act forth and any supplementary or additional tenses and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on'the purchase order and the documents attached hereto. No sets of the Pumhesers'includiag, without limitation. acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the 'event ofany delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable con"] and without its fault of negligence. such acts of God acts ofcivil or military authorities, governmental priorities, 6rts, strikes, flood, epidemics, cams 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 Sella 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 of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable dawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standards fm work of a similar mature.'The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warmnry. The Sellershall replace, repair or make good, without cast to the purchaser, any defects m faults arising within one (1) year or within such longer prod of time as may be presarbed by low or by the terms ofany applicable warranty provided by the Sella after the date of acceptance of the goods fumishad hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purcbasa shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hemanda shall extend to all damages proximately caused by the breach ofany of the foregoing 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 Purchase may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or wrtten change ostler. If any such change affects the amount due or the time of pciamimce hereunder, an equitable adjustment shall be made. i6. TERMINATIONS. 1 The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goads then net shipped subject to any equitable adjsnn at between the parties as to any work or materials then in progress provided that the Purchaser shall not he 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 Sella with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. hmmf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fad borne by the Purchaser. Theretofore, for good caisc 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 acquired undo federal or state antitrust laws for such overcharges relating to the particular 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 to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may -cause the work to be performed. by,the most. expeditious means available to. it, and the Sellershall, pay all costs associated with such work. The Sella shall rclese the Purchasa end its contractors of any tia from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oficas and employees of such parry. 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 Purchases. 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 Purchase from any and all claims for infringement by reason of the use of such patented design, device, material or pmmss in connection with the contract, and, shall indemnify the Purchaser fro any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the - Purchaser the right to continue using mid equipment or pars, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver 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 dcfinifions ofterms used of the interpretation ofthe agmemcnt and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases whac the Sella is to Perform work hereunder, including the services of Sellers Rcpresenmtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in ease ofany accident, destruction or injury to the work and/or materials before Sella's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others far installation or amtion by the Seller, the Sella 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 Sella under the order. 18. INSURANCE. The Sella 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 Sella shall also entry comprehensive general liability including, but not limited to, contractual and automobile public liability insunnm with bodily injury and death limits of at least S300.000 fro any one person, S500.000 fm any one -accident and propaty,damage limit per accident of. S400,000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall der any work upon the promises of others, the Sella shall famish the Purchase with a eradicate that such compensation and insurance have ben provided. Such certificates shall specify the ,date when such compensation and insurance haw 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 aRa the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whansoeva to persons or.property, caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to person w property to which the Purchaser may 8. COMPLIANCE WITH LAW. be put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, any of his The Seller warrants that all goods sold hereunder shall have been produced sold; delivered and famished in strict contactors, or my of the Sellers or contractors officers. agents or employees. In case any suit orother compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and .proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or deliver such documents as; may be required to effect or evidence compliance. All laws and regulations required to be by reason of any ad, action, neglect. omission or default of the Seller of any of his contractors or any of its or incorporated in agreements of this character am hereby incorporated herein by this reference. The Sella agrees to their officers, agents or employees as aforesaid, the Sella hereby agars to assume the defense thereof and to indemnify and hold the Purchase harmless from all emu and damages suffered by the Purchase as a result of the defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, Sellers failure to comply with such law. any and all judgments that may be incurred by or obtained against the Purchases or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or 9. ASSIGNMENT. obtained against the property of the Purchasa, or said parties in m as a result of such suits or other proceedings, Neither party shall assign, tmnfa, or convey this order, or any monies due or to become due hereunder without the the Sella will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Sella and Prior written consent of the other party. his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, btu without limitation, the 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in paformance of this agreement, free and clear of any and all lies, restrictions, reservations, security interest encumbrances and claims ofothas. Occupational Safety and Health Act of 1970 and all cols and regulations issued pursuant thereto. Revised 032010 J