HomeMy WebLinkAbout476185 AMERICAN CIVIL CONTSTRUCTORS INC - PURCHASE ORDER - 9114195PO
PURCHASE ORDER 911419er Page
City, of 9114195 10t2
' `tr OI lI ns This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 07/07/2014
Vendor: 476185
AMERICAN CIVIL CONSTRUCTORS INC
1601 W BELLEVIEW AVE
LITTLETON CO 80120
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 07/19/2011 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
io reconcile PO
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 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
2,143.00
43.00
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 Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry g4fi000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure m meet spreafimtimrs, either when shipped ar due to defects of
damage in transit, may be rearmed as YOU for credo and are ram to ne m L.ad except upon receipt of wrinen
instucnaasf the City of Fort Collins.
Inspection GOODS are subject to the City of Fan Collins inspection on onival.
Final Acceptance Receipt of are merchondlse, scavices. or equipmnt in response to this order can
result in
authorized payment ran the pan of the City of Fro Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments mast be F.O.B., City of I. Collins, 700 Wood St, Fon Collins, CO 80522, it.
otherwise specified on this order. Upermission of given to prepay freight and charge separately, the original freight
bill must accommory invoice. Addltioael chimes for peklae will not be accmtd
Shipment Distance. W ime manufacturers have distributing points in various pans of the country, shipment 6 ,.,.aid fmm the nearest distribution distance
point m destination, and excess freight will be deducted Gore Invoice when
shipments arc aide Item greater distance.
Permits. Seller shall procure at sellers sole cost ail necessary permits, cenificxms and license, required by all
applicable laws, regulations, ordinances and rates of the state, municip lity, simimry or political subdivision where
the work is performed, or evaluated by any other duty considered public without, having jurisdiction over the work
of vendor. Seller further names, to hold the City of For Collins harmless faro and against all liability and loss
incurred by them by reason of an .,mail or established violation of any such laws, regulations, ordiaanm, rates
and requirements.
Authoroston. All panics m this contract agree Nut the representatives are, in fact, bona fide and saxim full and
complete authority to bind said panics.
LIMITATION OF'FERMS. This Purchase Order expressly limits acceptance to the terms and condition, stated
herein set form and any supplementary or addino ad rem, and conditions annexed hereto or incoryomted herein by
reference. Any ddinimal me dilTerent terra and conditions proposed by seller are objected le wad hereby rejmld.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make examples, shipment to arrive on your
promised delivery date as cared. Time is of rise essence. Delivery and performance most be efl'ecmd within the time
stated on the purchase order and the docmnen6 reached hereto. No acts of the Pumhasers including, without
[initiation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal unit equitable readies, 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 fomeeable which are beyond its reasonable control and without its fault of negligence,
such acts of GwE acts of civil me military euthomias, govearm adual prompt , Gres, strikes flood, epidemics, oars an
now provided that notice ardor 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 dam 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 guards, anldes, materials and work covered by this order will conform with applicable
durnamp, specifications, samples maker 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
imibor nature. The Seller ages m hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, rcpir or make
god, without cast to the purchaser, any defects or fnalts arising within one (1) year or within such longer plod of
time as may be presmbd by law or by the tams of any applicable wor any provided by the Seller after the date of
cceptance of the goods fumishel hereunder(Ureptnnce not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
consulate a waiver of any claim trader 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 foregoing wamnues
or gttoranmes, 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 La ;apt terms by carmen change order.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the Now, other than Ic,rd lens, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change affects the amount due or the time ofpetfarmance hereunder, at equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may al eery lime by wxiaen change order, mrminx¢ this ageemem as m any or all portions of lbe
goods then not shipped, subject to any equitable adjustment between the parties as to any weak or materials then in
pmWess provided that the Purchaser shall not be liable for any claims Ibr anticipated profits on the uncompleted
potion of the ..it, nnjor work, for incidental or comegnential damages, and that no such adjustment be made in
(over of the Seller with respect to any goods which are the Sellers standard slack. No such temin Lion shall relieve
the Purchaser or the Scllcr of any oftheir obligations as to any goods del ivcrd hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for samurai must W assured within thirty (30) days from the time the change or termination 6
ordered
8. COMPLIANCE WITH LAW.
To, Seller waramu 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 ao be
incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser huravle,s fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior women consent of the otherpany.
10. TITLE.
The Seller warrants full, clear and armtrich d title to the Purchaser fir all equipment materials, ad items funishd
in performance of this agreement, free and clear of any and all liens, resdrictions, resmationa, security interest
encombmnces and claims ofodtets
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to
eany rights or mmdie, provided herein ar by law, failure to promptly noli fay the Seller in the event of a
boa ch,the acceptance offer payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or abligatmew of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or my of its rights or remedies as to any such goads, regardless
of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any putponed
oral madifcaums or rescission of this purchase order by the Purchaser operate as o waiver of eery of fire term
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst
violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration fir executing this
purchase order, are Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sort antitrust laws firs, such overcharges relating to the Particular goods or services
purchased or scquirel by the purchaser pursuant as this purchase order.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
If the Puchaser directs the Seller to comer nonconforming or detective goods by a dam to be agreed upon by the
Purchaser and the Seller and the Seller hereafler indicates its inability or unwillingness to comply, the Purchaser
may came, the work to be a rf ern a l by the most cxpcdhiom means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contentions of any tier fmm all liability and claims of any tuture
molting fiom the performance of such work.
This ml. shall apply evm in the event of fault of negligent, of the pay released and shall extend to the
directors, olLcers and employees of such parry.
The Seller's contractual obligations, including warranty, shall not be deernxxl to he reduced, in any wary, because
such work is performed or caused to he performed by the Purchase,
14. PATENTS.
Whenever the Seller 6 terminal to use any design, device, nournal or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hmmleas the Purchaser fmm eery mad all claims for infringement
by mason of the use of such plented design. device. material or process In connection with the contract, and
shall indemnify the Purchaser for any cost expense or damage which it maybe obliged to pay by reason of such
infringement at very time during the prosecution or a0er the completion of the work. In case said a,ulpmem, or
any pan thereof or the intended use of the goads, is in such suit held to consulate infringement and the use of
sold equipment or pan is enjoined, the Seller about, at its own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but
encouraging equipment or modify it so it becomes noninfringing.
15ANSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an testimonies for the bane( of creditors, appoint a
receiver or trusts, for rdmbe r any of the Sellers prepany or business, this order easy forthwith canceled by the
r Puhaser without liability.
16. GOVERNING LAW.
The definitions of terms used of the interpretation of the a,,,.car and the rights of all parties hereundef shall be
concurred under and ga mad by the bows ofthe State ofColomd., USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hemudeq
including the services FSell. Rryresentaft—D), on the premises ofothets.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work at Sellds own risk until the same is folly completed and accepted, and shall,
in e of any accident destractlon or injury an the work anjor materials before Seller's final compleinn and
acceptance, complete the work al Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
same and handle same at the site and became responsible therefor as though such materials and or equipment
were king f ishd by the Seller under the order.
18. INSURANCE.
The Seller 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,
major to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehemive general liability including, but not limited to, contractual and automobile public
liabiliry insurance with Mtdily injury and death hours of al leasr 5300,000 for any one person, S500,000 for any
e accident ad property damage limit per accident of 5400,000. The Seller shall likewise require his
committees if any, to provide for such or mpereation and insurance Before any of the Sellers or his centimeters
employees shall do any work upon the premises of obtains, does Seller shall famish the Purchaser with a certificate
then such rompemasman ad ittsumnee have been pmviJed. Such cart ftexacs shad specify the date when such
mper,otion and insurance have been provided Such certificates shall specify the date when such compensation
nd insurance expoes. The Seller agrees that such compensation and moumntt shall be maintained until after fire
entire work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby summers the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from Owe execution of fire work provided for in
this purchase order or in marrtaection herewith. The Seller will indemnify and hold homeless the Purchaser and any
r all of the Pmchucrs olRcus, agents arm employees fmm and against any and all claims, losses, damages,
chargm or expenses, whether direct or indirect and whether as persons or property to which the Purchaser may
l e puce we subject by reason of any act action, mil ttt omission or default as the pan of the Seller, any of his
contractors, or any of the Sellers or contractors oIBci rs, agents or employees. In case any suit or other
proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or
by reason crony act, action, neglect omission or default of the Seller of any of his commeters or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same of tie Sellers own expense, ao pay any and all trio, charge,, mmmeys fees wed other expenses,
any and all judgmrnts that may be incurred by or mmined against the Purchaser or any of its or their officers,
agents or employees in such suits or other precam ings, and in rose judgment or other lien be placed upon or
obtained against fire property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause arc same m be dissolved ad discharged by giving bond or otherwise. The Scllcr and
his ventmctors shall take all safety precautions, famish and install all guards necessary for the prevention of
accident,, comply with all laws and regulations with regard to safety including, but without limitation, tie
Occupational Safety and I lmlti Act of 1970 and all roles and regulations issued pursuantthereto.
Revised 03/2010