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HomeMy WebLinkAbout476185 AMERICAN CIVIL CONSTRUCTORS INC - PURCHASE ORDER - 9114195City of � 6rt Collins Date: 07/01/2014 PURCHASE ORDER Vendor: 476185 AMERICAN CIVIL CONSTRUCTORS INC 1601 W BELLEVIEW AVE LITTLETON CO 80120 PO Number Page 9114195 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 07/19/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 9 Change Order 6 Linden St Improvements City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5600 unless signed by Gerry S. Paul 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 1 LOT EA -31,285.38 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptiox. By smmPe the City of Fon Collin k exempt fmm site ail local nixes. Our F,apinption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Dens. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 Eq. Good Rejected. GOODS REJECTED due in failure to mea specification, either when shipped or due to defects of damage in tranit may be roamed to you for credit and are not to be replaced except upon lmeipt of wnrm instructions finer, the City of Fort Collirvs. Impaction. GOODS arc sPbjW m the City of Fon Collins usspec min on arrival. Final Acceptance. Receipt of the ounmeralux, services or equipment in resp.n, to this pain, can result in amhonud payment on the an of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable retained impaction pr«edurrs. Freight Tents. Shipments must we F.0.0., City of Fon Collins, 700 Wood Sr, Fort Collins, CO 80522, unless Otherwise specified on this Order. Wpermission is given ro prepay freight and chorgc aepemlcly, the mgitul freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have diovibuting points in rivas pains of the country, shipment is expected from the nearest distribution print to deotinotice, and excess frei,41 will be deducted roam Invoice when shipments arc made firm ga arar distance. Permits. Seller shall pracure at sellers sole cost all necesmry Jammu. u. certificates and licenses required by all applicable laws, regulations, ordinances and piles ofthe state, municipality, territory or political subdivision where the work is parfomted, or required by any other duly contitmed public amhonty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins Interim from and agaimt all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Autborvatiom. All panics m this comma agree that me representatives are in fat, an. Ode and possess full and complete authority to bind said panics. LIMITATION OF IERMS. This Purchase Order expressly limits acceptance to the terms and condition stated herein set tomb and any supplementary or additiowl tern and conditions annexed hcrcm or incmpommd herein by refemwc.Anyndd0i... I or diRercm terms and imnditiax proposed by seller art objected.. and hereby Eaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated oa the purchase Order and the documents attached hereto. No mus of the Purchasers including, without limitation, acceptance oriental Ire deliveries, shall operate n a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition 10 other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far deranges. However, 0ie Seller shall not be liable for 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 .,is of God, awls of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice at file conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seiler line received knowledge thereof, In the event of any such delay, the dine of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wartann that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed wit the highest degree of care and competitors, in accordance with accepted standard for work of a similar mature. The Seller agrees to hold the purchaser hardess from any lass, damage or expensa se which the Purchsser may suffer or men, oa account .1-am Sellers breach ofararmnry. The Sella shall replaes, repair Or make good, withaul cost to the purcbaun any defects or faults arising within one (1) year or within such longer period of lime x maybe prescribed by law or by due terms of my applicable warrary Provided by the Seller after the date of preepmrwe of the goods famished hereuMer (acceprace not to be umawrably delayalb resulting Gom imperfect or defective work done or nartermis famished by the Seller. Acceptance or use of guods by rho Puahsser shall not ontimte a waiver ofany claim under this narrary. Except as contact provided in this purchase order, the Sellers liability hereunder shall extend or all damages proximately waused by the breach of any of the foregoing waraatics or guammees, but such liability shall in an event include loss ofpmfits 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 m legal moms by written change order. 5. CHANGES IN COMMERCIAL TERMS. 'Ibe Pinchaw, :nary took e:my ch-mr, m the Perms, ndter than legal tents, including additions to or deletions fmnm the quantities originally ordered in the specifications or drawings, by verbal or written things Omer. If any such charge obects the amount due or are time rf performance hereunder, an equitable anprinnent shall be made. 6. TERMINA'I IONS. The Fourth.,, may al any time by wren change order, terminate this pact as to any of all pomion of the goods then not shipped, subject to any equitable adjustment between the parties is to any work or ormends then in progress provided that the Purchaser shall not be liable for any claims for amicip ed profits on the uncompleted portion of the goods an&., o,k, for incidental m crnem oial damages and thin a. such adjntmcm be made in favor of the Seller with respecto my goods which are the Sellers stmd stock. No such termination shall relics the Purchaser or the Sell,, of—, of their obb a mpre, x many good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from Ne dam the change or Prostitution u ordered. S. COMPLIANCE WITH LAW. The Seller warrants drum all goods sold hereunder shall have been produced, mid, delivered and fumisM1W in suite compliance with all applicable laws and mplatiox to which the, good are subject The Seller shall execute and deliver such docummor as may be required as effect or evidence compliance. All laws ad regulations required to be incorporated in egr<emenu of this character are hereby ineoryamted herein by this ref rence. The Seller agrees to indemnify and hold the Franchiser hamless from all costs and damages suffered by thc Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hermn&, without the prior written consent of the other party. HI. TITLE. The Seller warrants full,blmf and unrestrinedtitle to the Purchaser for all equipment materials, and items f fished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, sectary interest encumbrances and claims ofothers. I L NONWAIVER. Failure of me Parehxer to insist upon strict pert am'e of the terms and conditions hermt failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly mrify me Seller in the event of a breach, me acceptance of or payment Our good hereunder or approval ofNe design, shall Prot release Has: Seller of my of the warranties or obligations of this purchase order and shall now be deemed a waiver of any right of dic purebaur to insist upon strict performance bereofor any of its rights or remedies as to any such goods, tenantless of when shipped, received or acepred, as many prior or subsequent default hereunder, per shall any purported am[ modifications or rescission of this purchase order by the Purchaser apemen as a waiver of may of tM terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recog^iu that in actual ec mu is practice, overcharges resulting from antitrust re violations ain fact home by the Purchaser. Theretofore, forgood causee and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state ornmor laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchsser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE 01; SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good 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 Purchaer may cause the work to be Performed by the mosl expeditious means available a it and the Seller shall p, all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any tamrc resulting farm the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend m he directors, officers and employees of such party. The Sellers mnrractal obligation, including warranty, shall Out be deemed to be reduced, in any way, because such work is pert ed or unused to be performed by the Purchaser. Ira, PATENTS. Whenever the Seller is required in use any design. device, material or process warred by liner, pment vadenud or copyright, the Seller shall indemnify and save haPmlex the Purchaser fmm any and all claims for inGtngemem by reason of the use of such parted design, device, marerial or process in connection with the contract, and shall indemnify the Purchaser for any cast expense or damage which it may be obliged 10 pay by On. of such infringement at any time during the pmseeution or after the completion of the work. In case said equipment, or any out thereof or the intended Par of the goods, is in such suit held to consumer infringement and the me of said ryulpmml or pan is enjoined, the Seiler shall, at its pun expense and a1 its option, either pmcure for the Purchaser the right to continue Wing said equipment or parts, replace the same with substantially equal but noninGtngiag equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent ar bankrupt. make an assignment for the benefit of creditors, appoint a receiver or tpiatec for any of the Sellers property or business, this order may forthwith be canceled by the Purcheser without liability. 16. GOVERNING LAW. The definition of to. Wed or tee interyrclation Of the agreement and the rights of all panics hereunder shall be mounted under and governed by the laws oflhe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofScilers RVowera tive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall cart, on mid work at Seders own risk until the same is fully completed and accepted, and shall, an rase of any trident destruction or injury m the work andrm amenals before Sidles fiat completion end azeeptance, tcomplete the work at Sellers own expense and to the mtisfamon of the Pwcha en. When materials and manpower are maintained by chars for installation or erection by the Seller, the Seller shall pecum, unl.ad, scare and handle more at ate site and become ocspoxible therefor x though such mammals andror equipment were being furnished by the Seller under tee oPler. 18, INSURANCE. The Seller shall, at his own expeme. Provide for the payment of workers compensation, including occupational disease benefirs, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry mmprchensive general liability includin, but oat ]award oa. o arearmal and at^mabile public liability insurance with bodily injury and dead, limiu ofar leant $3W,000 for any one person, 5500,000 to, any one accident and property damage limit per scrident of 5400,000. The Seller shall likewise require his caantmetors, if any, to provide for inch compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fmish the Purchaser with a cern licate that such compensation and insurance have been provided. Such wenilicates shall specify the Jute when such compensation and insurance lave been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compertmti^n and inumnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assrocs the mtire,espomibility and liability fro any and all damage, loss or injury of., kind or alum whossam'er to person or pmpeny mused by or resulting fmm the exception ofNe work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and Mid homeless the Forefoot and any m all of the Purchasers officers, agents and employees from and .,a., any and all claims, losses. damages. charges or expenses, whether direct or indirect, and whadi to person or moperty to which the Purchsser may be put or subject by rvawn of my act, action, neither, omission or default on the pan of due Seller, any of his mnuactors, many of tee Sellers car contrators officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of may act anion, neither, omission m default of the Seller of my of his contractors or my of its or men officers, agents or employees m afaremid, the Seller hereby agrees to assume fire defense thereof end to defend the sae at the Sellers awn expense, to Pay any and all costs, charges, attorneys fees ad other expenses, any and all judgments that may be incurred by or obtained against the Purebxer or any of its or their officers, agents or employees in such suits or other p ereedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or a a result of such suits or other proceedings, the Seller will a, are cause the some to be dissolved and discharged by giving bond or mherwise. The Seller vad his contmemrs shall take all safety precautions, famish and install all guard necesvry for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursanuhrow, Revised 03rz010