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HomeMy WebLinkAbout124503 D E A CONSTRUCTION CO - PURCHASE ORDER - 9927310///z "; � 7' City of Fort Collins Vendor: 124503 D E A CONSTRUCTION CO 9101 IN PEARL ST STE #300 THORNTON CO 80229-4354 Date: 5/2/01 PURCHASE ORDER NUMBER: 9927310 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 5/5/01 Buyer- DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading and all correspondence NOTE Line. Qty/Units: Description. Extended Price: 1 12TH STREET AND MAGNOLIA - TRENCH/BORE 5,85000 City of For C Ilins Director of Purchasing and Risk Management This order l not valid over $2000 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 info@ci fort-collins cc us Total 5,850.00 Mail Invoices in duplicate to City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Perms and Conditions I COMMERCIAL DETAILS Invoice Address ]a ensure prompt Payment mad invoices in duphc lie to City of Fort Collins Accounting Division P O Has 590 Ion Collins CO 90522 1 ax exemptions By statute thL Cny of I oar Collins is txempt form site and loci] taxLS Om Exenipuon NumbL, is 98-04502 I ede,al Excise Tax Lxemptmn GenificatL of Reg,sny 84-6000597 IS mglster Ld with tilt (ollectm of Intemm Revenue Deicer, Colorado (Ref Colorado Rtvised Statutes 1973 Chapter 39 26 114 (a) Goods Rejected GOODS RE1LC 1 ED due to falua to meet spLolfications cidul when slapped a out to defects of damage in transit may be returned to you for crtdn and are not to be eplaced evxpt upon receipt of written mstmcuons from the City of I on Collins Insptetion GOODS are subject to the City of Fort COHmt msptcuon on at it Final Acceptance Receipt of tat merchandise sin ices or equipment it response to this order can result In inthortnd payment on the part of the City of Fort Collins Howcvcr it is to In, understood th it I IN'AL ACCEPI ANCE is dependent upon completion of all applicable required inspection piocedures Freight Terms Shipments must be F O B City of i oil Collins 700 l\ ood St I on Collins CO 80522 unless otherwise specified on this order If permissmn is given to prepay freght and hinge sepnnrely the original height bill must accompany Invoice Additional charges for packing will not be accLpad Shipment Dalanco Where manufactui as lime datnbutmg points In vat mass puns of du country shipment is expected from the nearest distribution point to destination and excess freight ss ill be deducted fiam In o¢e ashen shipments are made fiam greater distance Pamirs Seller shall procure at sellers sole cost all necessary Im.mms cemfiLates and licenses required by all applicable lass regulations ordinances and rules ofthesmte municipality tennory or political subdns,on where the work is performed or required by any other duly constituted public authority havmgjai sdiction ow the work of vendor Seller further agoats to hold thL City of I oil Collins It runless hour and against all acidity and lass incurred by them by reason of an asserted or established violation of any such laws regua(1o[Is ordinances rules and requirements Anthouzanon All parties fa this court act agi ev, that tat IIlia rcscnmuvLS me in I rat bon I fide and pomLst full and complete authority to bind said Fillies LIMITATION OF TEIL\IS This Purchase Order express]) limits accepmncc to the terms aid conditions stated harem set fault and any supplernemary or additional tens and conditions annLXLd hereto In incorpomLd herein by refuahce Any additional o, d,ffetent tcnns and conditions ptopoxd by sellu rat objedcd to and hLILby ,gectcd 2 DELIVERY PLEASE ADVISE PURCHASING AGENT unmediately ifyou cannot make complete shipment to ,m awn your p,onusLddel,v lydalersnotLd I,mci5oftheessenco DLjneryandpedonnmLLmunbt LffLLtedwith,ntbeianL stated on the purchase olden and the documents attached he,cto No acts at the Purchisus including without hmnmmn accepinnceofpemal latedelivmes shall optmteasawanerofthnsprovision ladmeventofam delay the Purchaser shall have m addition m other legal and eguimble unad,es the option of placing this indict Ljsewhen and holding the Sellet liable fin damages However the Shca shall not be hablc foi damagts a a tLsult of delays due to causes not reasonably foreseeable which are beyond its maso r ble control and without its fault of negligence such acts of God, acts of asd or military authorities governmental Failures fits, spikes flood epidun¢S wars or nots provided that notice of the conditions causing such delay is green to the Pr chase, within five (5) days of -the lime when the SdIll first mm,l1ed knowledge Ihucof In the event of my Such delay the can, of deityLry shall bL extended for the pet od equal to the tune actually lost by reason of the dilly 3 WARRANTY Tim bellct war arcs that all goods articles nmateuals and work ecrvu Lcl by tan o,de, will cunfonn w,lli ITP1ILablL dmw,ngs speetfieations smnplcs and/or other descnptions grvea, will be Fitful tho purposes intaided and ptlfa reed wash the highest degree of care and competence in acco, dance with accepted standards for work of a Saranac nature The Seler agrees to hold the pumurser hamless from any loss d un ige a eyILIISL which flu Purchaser may suffe, critical on account of the Sellars In each of warranty file Seller shall ,LPlece n.p in or ni lke good wnhnut cost to the pm Lhaset any defects or fruits raising within aril (1) year or within such longer pumd of tint. is ally be prescribed by Iry or by the temu of any applicable wmncrom piovtdtd by the Seller after tat date of accepance of the goods famished hereunder (acceptance not to be unreasonably dddyed) iesulung from mhperfea o, defective work done or mntcnals fumished by the Seller Accepmnoe or 115L of goods by On, Puwhasci shall not constitute a wmverofany clam Linde, this wananty Lxcepl as otbuwae pl av,ded m tLrs pw chase ordu the Sellars Imbdity hereunder shall extend to all damages proximately caused by dIL bmnch of tiny of the foregoing wan mums or guarantees but such liability shall in no event include loss ofpmfits or loss of nu NO IMPLIED WARRANTY OR MERCIIANTABILITY OR Of FITNESS FOR PURPOSL SHALT. APPLY 4 CHANGES IN LEGAL TERMS The Purchaser may make changes to legal terms by a ruten change order 5 Cl IANGLS IN COMMLRCIAL TLRMb 1 he Purchaser may make any changes to the terns othu than legal toms mcludmg additions too deletions from the quantities originally ordered in the specifications or drawings by iabal or written change order If any such change affects the amount oil, or the rime of perfarnmse 1mmandLr an cqun IbIL adjusunult shill be rim ide 6 TERMINATIONS The Purchaser may at any time by written change order accurate this agreement as to an) or all perilous of the goods then not shipped subject to any equitable adjustment bens eum the parties as to any vwik or malem ds then in pmgnss provided flat the Pumh tsar shall not be hablL for any d arms foi vuu,p ncd profits on the tmcompletcd portion of the goods and/or work, for madental or constquentim dunages ,Ind that no such uljustment IS. m rde in favor of the Seller with respect to any goods which are the Set leis standard stock No such Inmination shall mlwve the Purchaser or the Seller of any of their obligations as to any goods dehvered heo unde, 7 CLAIMS FOR ADIUSTMLNT Any claim for adjustment aunt bv, remated witho thirty (30) days fmnm tat date t)iL change or tLrmmanon is ordered 8 COMPLIANCE WITH LAW The Seller wan ants that ail goods sold hereunde, shill hive been produced suld delivered slid furnished in stria complmnce with all applicable laws and muni nons to which the goods .tie subj ELt The SLIIu shall eueute and deliver such documents as may be required to effect or tvidenee cuniphance All laws and Iegumtmas tcquned to be incorporated in agreements of this character are hereby mcorpot led hemor by this mermen.. The Sc11LI agrees to indemnify and hold the Purchaser harmless from all costs and damages sums Ld by tIlL Prichman its I ,tsult of the Sellers failure to comply with such law 9 ASSIGNMENI NerthLI patty shall resign transfu or convey this ordu or raw munrLs due or to Ism ore duL LLlcunder wnhnut tilt prior written consent of the other party 10 HILL The Seller wanants full clear and umestncted title to the Purchase, far all equipment materials and items furnished in Ixi fomrance of this agreement free and clear of any and all Imns restrictions reservations security interest encumbrmces and .[arms of claims I I NONWAIVI R F®lure of the Purchaser to must upon strict perfomtance of the terms and conditions hereof failure or delay to estnase any rights or remedies provided herein or by law fmluit to promptly notify the Seller in the event of a beach the acuplance of or p rymeat for goods hereunder or approval of the distgo, shall not release the Seller of any of the wan miles or oblignuons of this purchase order and shall not be deemed a waiver of any right of the pun chaser to Insist upon so let perfomma mi. hereof or any of its rights or remedies as to any such goods regardless of whui shipped mcened or acepted as to any prior or subsequent default hereunder nor shall any purported am[ modification o, Icsussma of this purchase or del by the Put chase, operate as I waiver of any of the toms hereof 12 ASSIGNMLNT OF ANTITRUS r CLAIMS SeBu and the Purchaser recognize that in actual economic practice overcharges resulting from nnutrust violations ire rn fact bonze by the Puichasu Thenhofae, for goad cause and as consideration for executing this purchase order the SLllc, hacby assigns to the Purchase, my acid all cl urns it may now have or hereafter acquired under federal m slate mtanno Ines for Such overcharges relating to the Particular goods or services purchased or acquired by the Purchaser pursuant to this pnmhase order II PURCHASFRS PERFORMANCE OF SELLERS OBLIGAI IONS If tat Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller cad the Seller thereafter indicates its nmbi Lay or unwillingness to comply the Purchaser may cause the work to be pea funned by thL most expuimous minis available to it, and the Sella shall pay all costs assnuated v,,fill such work The Seller shall release the Purchase, and its contractors of may tier from all liability mid claims of any nature t csahing fi ore the performance of such walk This release shrill ipply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pan) Tim Seller's contractual obligations, including warranty, shall not In. deemed to Ix, educed uI ,my way badnte such work is perfonntd or caused to be perfomned by the Purchase, 14 PATENTS Whuttver the bt11u is ompR cd to use any design device material or process covered by lutet patent tiademmk or copy„ght the Sellet shall indemnify ands tie heartless the Purchaser from any and all clams far mfringemem by mason o-the use of such patented design device material or process in connection with the contract and shall indLinu fy the Puchaser for any cost exlxnse or derange which it may be obliged to pay by reason of such mfmlgcmeal m din I,nle duung the proseuitlon or after the complumn of the work In case sand equipment, or any part Ihucof or the intended List of the goods is in such suit held to constitute Infringement and the use of said equipment of pan ,s enjouud the Sellet shall at its own expense and at its option either procure for the Purchaser the sight to continue us OR said equipment or parts replace the same with substantially equal but non infringing egmpmenl or modify it so it becomes nun-infinging 15 INSOLVENCI ]fill, SLller shall become insolvent or bankrupt make an assignment for the benefit of c, editors appoint a receiver 01 uuatc for mry of the Sellars p,operty nr business this order unity forthwith bL canceled by the Purchaser without hnb,hty 16 GOVERNING LAW Tht dtdninons of fenms uScd or the interprctmnon of thL agreement and the rights of all parties hereunder shall be contained under and governed by the laws of the State of Colomdo, USA The following Additional Conditions apply only in cases where the Seller is to perform walk hereunder including din scrvmcs of Stllca Repuscntdnve(S) on the prcm,SLSof othus 17 SELLERS RLSPONSIBILI IN The Salle, shall entry on said work at Selltr's own risk until the saner is fully completed and accepted, and shall, in cast of any aLmdLat destnation or injuty to the work and/or mrnetials bLf0m Sella's final completion and acLtl aurae complee the wad a Sella's own expenSL aid to the satisfaction of the Purchaser When interims and equipnunl are fumrshed by others for installation or erection by the Seller the Seller shall receive unload store and handle same at the sue and IlLconle responsible therefor as though such materials and/or equipment were being funs shin by the Salle, under the order ISINSURANCF The Shca shall err his own expense provide for the payment of workers compensation including occupational d,st-im benefits nI its enlplaytes employed on or in connection with the work covered by this purchase older, anNot to tau, dependents in accordance with IhL laws of lht state m which the work is is be dram I he bell, shall also carry comprehenvvc general 1, Ibhiy Including but not limited to, contractual and automobile public liability asunnce with bodily injury and death limits of at least $300 000 for any one person $500 000 for any one accident mid In opeuy damage limn per sudcnt of $400 000 The Seller shall hkewlsL Iequire his court actors, if any to Lit ovi, c for such compensation and instil ante Before any of the Sellers or his contactors employees shall do any work upon the pannses of others the SCI]er shall famish the Pmchaser with a c al ficate film such compensation and msumce lime bteli provided Such certificates shall specify the date when such compensation and Insurance have been provided Such cerlificain shall specify the dam when such conipensetion and insurance expires The Seller dglccs 1ha such LompmSmtI an void uxut mcL shall be nnainLnned until afct the entire work is completed and aeespiLli 19 PROTECTION AGAINSI ACCIDLNTS AND DAMAGES I hL SLllu he,tby assnines the tntne,esponsibility and Lability fin any and all damage, loss or injury of -any kind oI union wlmesocvc, to persons at p,opaly caused by at resulting from the execution affix, work provided for in this purchase order or in connection herewith The Sellu vvdl mdemmfy and hold harmless the Purchaser and mry or all of the Precha n s officers agents mid unplo)ces from and against any and all claims, losses damages charges oI cxpLnseS whuhu direct or indirect and whether m PLI sons or property to which the Purchaser m ry be put 01 subjtd by,eason of my act action neglect, omission or default on the part of the Seller any ofhns contractors or any of the Sellers or contrators officers ogLna or employees In case any suitor other proceedings shall be brought against the Purchase err ns officers agents or employees at any time on account or by reason of any act action, neglcat onaSxIm err defetdl of the Seller of any of his corn actors or any of its or their officers agents or employees its dousad till SLIIeI hereby igrecs to assume the dLfense thatuf and to dLfumd the same at the Sellers own exlxnse to pay my and all costs chargts atomcys fives and other Expenses any and all judgments that may be rnam ed by or obtained against du Purchastr or mry of its or then officer agents in employers in such suns or other pmcu.dings and in ensejudgmtnl or other Ian be pl mad upon or obtained against the propcny of thL Purchase], or said parties in of as a result of such suits or other proceedings the Seller will at once cause the same to be d,ssohed and discharged by giving bond or otherwise The Seller;nd 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 but without Irmo icon the OLcuplu Ould S dely and I lLolth Act of 1970 and all rules and mgul It, ans rssucd pursuant thueto Revised IIl9