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HomeMy WebLinkAbout124503 D E A CONSTRUCTION CO - PURCHASE ORDER - 9927309D E A CONSTRUCTION CO 9101 IN PEARL ST STE #300 THOR19TON CO 80229-4354 Date: 5/2/01 PURCHASE ORDER NUMBER: 9927309 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 TIMBERLINE EXTENSION ASPHALT JOBS 4,209 30 n Total: 4,209 30 City of For C Ilins Director of Purchasing and Risk Management Mail Invoices induplicate to This order r not valid over $2000 unless signed by James B.O'Neill ll, CPPO City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 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 co us Purchase Order Terms and Conditions I COMMERCIAL DETAILS Invoice Address To ensure prompt Payment mad invoices in duplicate to City of Fort Collins Accounting Division P 0 Box 580 1 on Collins CO S0522 Tax exemptions By statute IIIL City of Fort Collins Is Cx,,npt from SIdtL and local taxes Our 1 sorption Number is 98-04502 Fedual Excise tax Exemption CutrfLIIC of Registry 84-6000587 IN ILguteled with the Colkcmi of Internal Revenue Denver Colorado (Ref Colorado Re%Ist l Statutes 1973 Chapnr 39 26 114 (a) Goods Rejected GOODS REJECT ED due to failure to Steer specifications eahct when shq)[)Ld or due to defects of damage in transit may be ILt it ed to you for credit aid ate not m be left Iced Lvicept upon Itceipt of is Illicit instructions from the City of Pon Collins Inspection GOODS are subject to the City of I on Collins inspection tin anti at Final Acceptance. Receipt ofthe merchandise selvicesoi equipment m tt,sponse to lh is of der tin I unit in authorized payment on the pan of the Gty of Fort Collins However it is to be understood th n I INAL ACCEPTANCE is dependent upon completion of all applicable required mspecton procedures Freight lens Shipments must be F O H City of Eon Collins 700 Wood St [oil Collins CO 80522 unless otherwise specified on this order If penisnon s givento prepay freight and charge separately to ongaial freght bill must accompany invoice Additional charges for packing will not be accepted Shipment Distance Where manufacturers have distubutmg points tit vdlmus palls of the country shipment is expected from the nearest distribution point to destination and excess freight w ill be deducted hum ImoieL is hen shipments are made from grear.r distance Permits Seller Shall plocuie at sellers sole cost all necessary permits cenlfie ILLS and Imumts required by all applicablelaws regulations ordinances and roles of the state municipality tennoiyorpolmcalsubdnisionwhere the work isperformed or required by an} other duly constituted public rL houq hm Ingjursdtnron over the wort. of vendor Seller further agrees to hold the City of Fat Collins hnnless from nil against all liability and loss incurred by them by reason arm asserted of establihLdviolitionofany suchlaws egulauons SadmauLLS rules and aquaemears Authunzaton All parties to this contract agree that the mpresentatncs are in faLr bona fide and possess full and compldL authority to brad said IS Sines LIMI IATION Of I ERMS This Purdhme Older exPILssly limits acceptance to thL terms and conditions st tied herein set forth and any supplenlLmary or additional terms and conditions annexed htmto or incorporated heron by reference Any additional or different terms and conditions proposed by seller are objected to nut hereby rytemd 2 DELIVERY PLEASE ADV ISL PURCHASING AGLN I mmicdiately if you Lannut make congilLte sh lI n of to rat I%e on y out prompt l delivery date as noted Time IS of the essence Ddsery and p,,fommUCL nmst be effe,,Ld within the nine stated on the purchase order and the documents attached horeto No ILLS of ,hL Pumhascls including without I11InLIna, acceptance oflmVll l tit delive1ILS shall opLi tic as a wane ofthis piovuron In thL L%Lni of my dirtry the Puichaer shall have in addition to other legal and octal able Iemcdl cs the option of plan ng tlns order elscw here and holding the Seller liable for d Smages However the Seller shall not be liable for damages as a result of ddms due to causes not Icasonably foreseeable willeh ate beyond its reasonablL Conn of and w Ithoul its Ludt of negligence Such nets of God Lives of anvil of m111 tiny auth of uI es govunniental pas ou i I es fire su Ikcs, flood tprdenu Ls, wars or riots provided that nonce of 11w Londmons causing such delay is gav en to the Punch Let wStill n fi%c (5) days of the time when the Seller first recev ed knowledge thereof In the ev ent of any such delay the date of delivery slid[] be extended for the period equal to the time actually lost by reason of the dda) 3 WARRANTY The Seller warrants that all goods articles materials and work cover Ld by this odtr is IF conform with applicable drawmgs specifications samples andfor other descriptions given wdl lit Et fortheptanscs intended andpetfonned with the highest dLgree of care,und eompetcnce In accordance with accyned standards far wink of I suanlai n vile The SulUr agrees to hold the put darner hamnlLSS from any loss, dmnagL oI expenSL wbah the Pugh iser may sufCa or radar on account of the Sellers breach of warranty The Seller shall teplace repatr or make good wthout cost to the purchaser airy defectsof faults arising within one (I) year or within such longer period of time as mry be prescaa bed by law or by the terms of any applicable wan only PION tried by the Set let aftet the date of acceptance of the goods fmmtshLd ha eunda ( rLeeptarrce not to be oar Lasonnbly did vLd) t esulung fioar unpo Icot of ddLLtive work done or materials famished by the Seller Acceptant or use of goods by the Purchaser sit ill not constitute a waver of any claim under this warranty Except as otherwise provided Ili this puich eve order the Sellers Lability hereunder shall extend to all danmges proximately caused by tire breach of any of the foregoing warranties or guarantees but such llabihry shall In no event Include lass of pmftis or loss of use NO IMPI I ED WARRAN I Y OR MERCHANTABILITY OR Of FITNESS rOR PURPOSE SHALL APPLY 4 CHANGES IN LEGAL TERMS The Purchaser may make change to legal terns by W1IRLU change or 5 CHANGES IN COMMERCIAL TERMS The Purchaser may made any changes to the tents other than legal terns mcludmg addutons to of deletions fora the quantities originally ordered in the speefrcattons or dmwutgs, by vubalor wuuLn change ode If any suds ehangL affects the amount due or the time of pas formara L hereunder tit LquudblL idmstment sh if be niadc 6 TERMINATIONS The Purehmer may at any time by written change order tummam this ngrecnent is to any or Ill Paul Of lint goods then not shipped, subject to my equitable adjustment between the pasties as toany work oI main tals 1hLn In progress provided that the Purchaser shall not be liable for any claims for anhcipdtLd profits on the unconyiltted pardon of the goods and/or w ork for mcidenul or consequential da ingLs and that no such adjustment be made In furor of the Seller with respect io an) goads which are LIU, Stlle's stand lid stock No such temnnaton shall tehe%e the Pundu an -or the Seller of any of then obligations as to my goods ddrveled hocunder 7 CLAIMS FOR ADJUSTMENT Any clmm for adjustmentmutt be asserted wnhm thin) (30) days Boni the date the ch rage or temunatmn is ordered 8 COMPI.IANCEWIIIILAW I he Seller warrants that all goods sold hereunder shall have been pm OdLeLd sold cidr,,cd and lumished In sit Ili comphinee with all applicable laws and regulations to which the goods are subject 1 he Scller shall execuie and deliver such documents as maybe required to effector evidence compliance NI laws ind Segel irons requncd to be mcumporated m agaements of this chatactu die lueieby uncorpOI ncd heen by this Ieferenu, I he SCllei agILCS to adman fy and hold the Pm chmer harmless from all LOSIS and damages suffer td by the Purchases as a Itsult of the Scllers failure to comply with such law 9 ASSIGNMENT Neither party shall assign trmstn m convey this order or any moons due or to become duc he wnda without the prior written consent of the other party 10 IITLL The Sellu warrants lull cleat and untutneted mIL m the PUS.Ir6er for all equipment materials atW items furnished In perfomnnce of thus agreement fee and cle n orally and all hens restrictions reservations security interest encumbrances and clans of others II N'ONWAIVPR I mlum of th( Purchmu to insist upon strict p,, fotmance of the tens and conditions hereof failure or delay to exercise any tights or rennedes Fro%Sded herein or by law failure to promptly notify the Seller in the event of a breach the acceptance of el payment for goods hereunder or approval of tire design, shall not release the Seller of any of (Ill wan macs or obligations of this putchsse order and shall not be deemed a waiver of any right of the puichsan to insist upon Soler performance hereof or any of its rights or remedies as to any such goods regardless of when shipped Iece %ed or accepted as to any poor or subsequent default hereunder nor shall any puipmcd oral moerfication or rescisnon of this purchase order by the Put chaser operatL as a waiver of any of the terms hereof 12 ASSIGNMENT Of ANTITRUS f C.LAIMS Seller and the Purchaser recognize Sir it In actual economic pricuce overcharges resulting from antitrust violations .tie of fact home by the Purchaser I he etcr ore for good cause and as consideration for executing this purchase order the Seller hocby assigns to the Purchaser any and all claims it may now have or hereafter acquit ad under teller it in state Smut list laws for suLIS o%cr ch itges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order 13 PURCHASERS PERFORMANCE OF SEI LERS OBLIGATIONS If the Putchse di tit, the Seller m correct nonconforming US defective goods by a call 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 w ork to be performed by the most expeditious means av Salable to it mid the Seller shall pay all costs .so .aaled with such work The Selle shall rele.ise the Purchase and its contractors of any ter from all liability and claims of any nature resulting from the performance of such work The; IelCass, drall apply wen in the LvLat of fault of neghgeno, of the party released and shall extend to the dot u.tois officers and employees of such party The Seller's contractual obligations including waranty shall not be deemed to be reduced many way because such work is pofonned of Laused to be pe forted by the Purchase 14 PATENTS Whenever the Seller is required to use any design device material or process covered by letter, patent trademark or eopyught the Seller sit ill indemnify and save Inamnless the Purchaser fiom any and all claims for infringement by Season of the use of such patented design dtvice material or process in connection with the contract and shall indemnify the Purchmo for any cost evpensL or damage which it may be obllgLd to pay by reason of such mfnngement at rah} tine during the prosecution or after the completion of the work In case said equipment or any part thereof oI the intended use of She goods Is In such sun held to constitute mf ingement and the use of said equipment 01 pan is enjoined the Sella shall at its own expLnse,md at as option either procure for the Purchaser She light to continue using stud equipment or pans replace the same with substantially equal but non -infringing equipment or model} It sort becomes non -in fit ngnig 15 INSOLVENCY If the Sellu Shall become insolvent ou bankrupt make an awignment for the benefit of creditors appoint a receive, or trustee for mry of the Stllersproperty or business this order may forthwith becanceled by the Purchaser wthout h AulaN 16 GOVERNING LAW I he dcfinmnms of Ietms used or the Interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado USA l he following Additional Conditions apply only ticases whets the Sellu s to perform work hercundei Including thL sari rcLs of Sellers RepmesemmnvL(s) on the premises of others 17 SELLERS RESPONSIBILITY I he Sello shall telly c n said v%ork it Seller's own Sisk until tlu, same a (Lilly completed and aCCLptLd and shall In case of any accident dtsnuction or injury to the work and/or materials before Selltr's final completion and acceptance complete the work at Seller s own expense and to the satisfaction of the Purchaer When mmenals and equipment tie famished by others for installation or erection by the Sella the Sellet shall receve, unload, store and h utdle sane it the sat and be can, usponslER th,,Lfor as though such materials nubm equipment were being hinshed by the Sella under the order I8 NSURANCE I he Sellu shall at pus own expense provide for the payment of workets compensation, including occupational disease benLfils m its employees employed on or m connection with the work covered by this purchase order and/or to them dependents In accordance with the laws of the state ash which the work s to be done The Seller shall also eery) comprehensive gLneml liability including but not lined to contractual and automobile public liability insumnLL with boddv injury and dL nh [units of al least $300 000 for any one person $500 000 for any one accidtnt and proputy damage IInm feu acodom of $400 000 The SLIILt shall IIkLwxe re plic his contractors fairy to provide for such coniptnsatioa and insurance Bafine arty of die Sellers of his contractors employees shall do any work upon the prenuses of others the Seller shall funsh the Purchaser with a certificate that such compensation and una ance have bear provided Such LLmficates shall specify the date when such compensation and Insurance have btcn pun Idea Such cetficateS Sh ill specify till due when such compensation Said insurance exputs The Sel1e dgmes that such co i[xnsaton and insurance shall be maintained until after the entire work is completed and accepted 19 PRO 1 CTION AGAINST ACCIDENTS AND DAMAGLb 1 he Sell,, hoebv assunxs the entuc Icsponsibibty and liability for an) and all darl loss or injury of any kind or nature v%hosoever to Persons or piopeny caused by or resulting from the execution of the work provided for in this PUS chnsL order or in connection net ewnh The Seller will indemnify and (told harmless the Purchaser and any oS all of till ['IS] cheers officers agLnt%nd employees hoar and against any and all claims, losses, damages chnrgLs or expenses whether duvet or utduect and whether to persons or property to which the Purchase, may be put or subject b} neuron ofan} 'rat action neglect omission or default on the pail of the Seller any of his contractors or any of the Sellers or contactors ofccrs agents or emplo} ees In case any sum or other proceedings shall be brought Sg tint the Purchaser or its officers agents or employees at nny time on account or by reason of tiny act action neglect onussion or default of the ScIlw of any or has contr ILIoiS or any of Its or then officers agents of eniploytts Is afores lid the Seller has ebv agrees to assuarL thL defense thereof and to defend thL sane at LILL Sellers own expense to pay tiny and ill costs chages attorneys fees and other expensts any and all judgments that may be ulcuned by or obtained against die Pmchasa or any of its or their officers agents or employees in such suits or other proceedings and in tascjudgment or other lien bL placed upon or obtained against the ryopeny, of the Purchaser or said paints in or as a result of such suits 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 pmemar rs fumrsh and install all guards necessary for the p Lventie r of accidents comply with all laws and regulations with ugard to sally nslndmg bat without tiarnntic n She Occupation it Safety cad Health Act of 1970 and ill rules and ILgulattoas issued editor int rhea era Revised II/9