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HomeMy WebLinkAbout539869 LIGHTFIELD ENTERPRISES INC - PURCHASE ORDER - 9161937 (3)City of Fort Collins PURCHASE ORDER PO Number Page 9161937 1of2 This number must appear on all invoices, packing slips and labels. Date: 03/24/2016 Vendor: 539869 Ship To: STREETS DEPARTMENT LIGHTFIELD ENTERPRISES INC CITY OF FORT COLLINS 2600 MIDPOINT DR 625 NINTH STREET FORT COLLINS CO 80525 FORT COLLINS CO 80524 Delivery Date: 03/24/2016 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Ezfended Price i 2016 CONCRETE - BID #7361 1 LOT LS 1,596,221.16 PER TERMS AND CONDITIONS OF BID 7361 AND RENEWAL SIGNED 3/24/16. 2 Street & Bridge Maint Sery 1 LOT LS 978,329.10 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 11. 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 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 or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects 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 transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported are] modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS arc subject to the City of Fart 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 ANTCTRUST CLAIMS. authorized payment on the part of the City of Fart Collins. However, it is to be understood drat FINAL Seller and the Purchases raogviu Out in mural economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspeefion procedures. violations are in fact home by the Purchaser. Theretofore, for goad cause and ss consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges misting 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 pursuant to this purchase order. bill most accompany invoice. Additional charge for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wliere manufacturers have distributing points in various pans of the country, shipment is Ifthe Pumhaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from 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 shipment are made from greater distance. may coast the work to be performed by the most expeditious means available to iq and die Seller shag pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duty constituted public authority havingjurisdicfion over the work of vendor. Sella father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Ord" expressly limit acceptance to the tens and conditions stated herein set forth and my supplementary or additional teas and conditions annexed hereto or incorporated herein by reference. Any additional or different tears and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 an the purchase order and the documents attached hereto. No acts of tlu Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, die option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays due to causes not mamuably foresceable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the fine when the Seger first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the fine actually lost by reason of the 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 descripfions 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 Sella agrees to hold the purchaser barman from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. Tire Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by die Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work time or materials furnished by die Sell". Acceptance or use of goods by the Purchaser shag not constitute a waiver of any claim under this warranty. Except a 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 warranties or guarantees, btu 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 chmgn to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal teas, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written clunge order, terminate this agreement as to my or all porticos of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts 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 Seller with respect to my goods which arc die Sellers 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 must be asserted within thirty (30) days tram the date the change or temritmtion is ordered 8. COMPLIANCE WITH LAW. The Seller warrants 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 w may be required to effete or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herem by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, hardier, or convey Oils order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, dam and unrestricted fide to the Purchaser for all equipment, materials, and items furnished in perfinanmce of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrance and claims trailers. The Seller shall release the Purohaser and its contractors of any tier from all liability and claims of my namm resulting from the performance of such work. This release shall apply even in Ore event of fmlt of negligence of the party released and shall extend to die directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever die Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify, die Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any fine during the prosecution or star the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Parlmser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If die Seller 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 definitions of terns used or the interpretation of the agreement and the rights of all parties harmed" shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases wham the Seller is to perform work hereunder, including the services of Sellers Represmiative(s), on the premisrs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk unfit the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser, When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall mce]ve, 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. 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 We work covered by this purchase order, m llor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also wry comprehensive general debility including, but not limited to, contractual and automobile public liability itsumacc with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for my one accident and property damage limit per accident of 5400,000. The Sella 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 my work upon the premses of others, den Sella shall furnish the Purchaser with a ocnificam 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 die date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enthe responsibility and liability for any and all damage, loss or injury of my kind or namm 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 Sella will indemnify and hold harmless Ore Purchaser and any or all of die Purchasers offcas, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether he persons or property to which the Purchasa may be put or subject by reason of my act, action, neglect, omission or default on the paid of die Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agent or employees at any time on account or by reason of my act notion, neglect, omission or default of the Seller of my of his contractors or my of its or then 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 my and all costs, charges, atmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their oficeu, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or ea a result of such suit or other proceedings, 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, Finnish 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 rates and regulations issued Portland thereto. Revised 0312010