HomeMy WebLinkAbout180828 COLORADO BORING COMPANY - PURCHASE ORDER - 8855062 (3)Date: 8/27/2009
City of
Fit Collins
Page Number: 1
Purchase Order Number: 8855062
Delivery Date: 8/21/2008 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
3 Addendum to PO 8855062 11,000.00
PER Work Order 400903280-09-07
Total $11,000.00
City of Fort CqFin# Director of Purchasing and Risk Management City of Fort Collins
This order is nQLValid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions firm the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Foil Collins, CO 80522, unless
otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the county, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted fi om Invoice when shipnments are
made from greater distance.
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 of political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless front and against all liability and loss incurred by them by
reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein
set forth and any supplementary of additional terms and conditions annexed hereto or incorporated herein by reference.
Any additional or different term and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance mat be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay, the
Purchaser shall have, in addition to other legal and equitable remedies, 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 foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or riots
provided that notice of the 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 date of delivery shall be extended
for the period equal to the time 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 descriptions given, will be fit for the purposes intended, and perforated
with the highest degree of care and competence in accordance with accepted standards for work of a simila nature.
The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or
incm on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults arising within one (1) year or within such longer period of time as nmay be prescribed by
law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done of
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under 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 warranties or guai antees. 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 to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fronttile
quantities originally ordered in the specifications or drawings, by verbal of 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 Paehaser may at anytime by written change order, terminate this agreement m to any or all portions ofthe goods
then not shipped, subject to any 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 profits on the uncompleted portion of the
goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor oftlme Seller
with respect to any goods which are the 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 finnn the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and finished in strict
compliance with all applicable laws and regulations to which the goads are subject The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchases as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 ofArticle XXV III
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] of any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due of to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in
performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the teas and conditions hereof, failure or delay to
exercise any rights or remedies provided herein m bylaw. failure to promptly notify the Seller in the event ofa breach,
the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the
warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to i sist
upon strict perfonnance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are
in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws for such overcharges relating to the particular goods or services purchased m acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I f the Purchaser directs the Seller to correct nonconforming or defective goods 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 Purchaser may
cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claim of any nature resulting
front the pet fonnance of such will
This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors,
officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material of process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claim for infiingennent by reason
of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser for any cost, expense m damage which it may be obliged to pay by reason of such infringement at any time
during the prosecution or after the conmpletion of the work. In case said equipment, or any part thereofor 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 Purchaser the right to continue using said
equipment of parts, replace the same with substantially equal but non -infringing equipment, or modify it so it becorntes
non-infinging.
15. INSOLVENCY.
If the Seller shall beconme insolvent of bankrupt, make m assignment fertile benefit ofereditors, 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 hereunder shall be
construed under and governed by the Imes of the State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Repiesentative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall Cary on said work at Sellers own risk until the same is fully completed and accepted, and shall, incase
of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
complete the wm k at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are
furnished by others for installation of erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished 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, and/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least $300,000 for any one person. $500,000 for any one accident and property
damage limit per accident of $400,000. The Seller 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 any work upon the
premises of others, the Seller shall furnish the Purchaser with a certificate 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 the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind or
nature 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 Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or
expenses, whether direct or indirect, and whether to persons of property to which the Purchaser maybe put or subject
by reason of any act, action, neglect, omission or default on the pat of the Seller, any ofhis contractors, or any of the
Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission
or default of the Seller of any of his conunctoi s 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 at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and alljudgments that may be incurred by or obtained against
the Purchaser or any of its or their officers, 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 as a result
of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged bygiving bond
or otherwise. The Seller and 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
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009