Loading...
HomeMy WebLinkAbout180828 COLORADO BORING COMPANY - PURCHASE ORDER - 9956652 (2)Date: 12/8/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9956652 Delivery Date: 11/4/2009 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 2 1 LOT Addendum Total City of Fort CcPnY Director of Purchasing and Risk Management This order is n alid over $5000 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: purchasing@fcgov.com 2,465.00 $2,465.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local Inxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-00005S7 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-2o. 114 00- Goods Rejected GOODS REJECTED due to failure to meet specifications. cilhcr,vhen shipped ur due to defects of damage in transit. may be returned to you for credit and are not to he replaced except upon teecipi of mriuen instructions fiomm the City of Fort Collins. Inspection. GOODS are subject to the City of Foil Collins inspection on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this under can result in authorized payment on the prat ofthe City of Foil 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 Foil Collins. 700 Wood St., Fort Collins. CO 80523, unless otherwise specificcl on this order. If permission is given to prepay fieight 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 ofthe country, shipment is expected Born the nearest distribution point to destination, and excess fi eight will be deducted fi out Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessity permits, certificates and licenses required byall applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the tvotk 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 Pon Collins harmless fi out and against all liability and loss incurred by them by I eason of an asserted or established violation of any such Imes, regulations, ordinances, rules and Iequirentents- Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said pan ies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m, the terns and conditions suited herein set forth and any supplementaryor additional tenors and conditions annexcel hereto or incogwrated herein by reference. Any additional or different terns and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inunediately if you cannot stake complete shipment to arrive on yaw' promised delivery date as toted. Time is ofthe essence. Delivery and perlorniance nmost be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pnl'CIIasCr's including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofanydelay. the Puchaser 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 fix dam;tges as a result of delays char n, causes not reasonably foreseeable which are beyond its reasonable cone Of without its fa0I1 ofnegligence, such acts of God acts of civil or military authorities. governmental priol ities. fires. suikes, flood epidemics. wars of riots provided Ihat notice ofthe conditions causing such delay is given to the Purchaser within five 15) days ut the time when the Seller first received knowledge thereof. In the event of may such delay. the date ofdclivenI sh:dl be extended for the period equal to the time actually lost by reason of the delay 3.WARRANTY. The Seller wannnts that all goods, all icles, materials and work covered by this order will con l'onn with applicable LIT awings. specifications, samples and/or other descriptions given, will be lit fur 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 Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wan anty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one ( I ) yea or Within such longer period of time as cony be pi escibed by law or by the terns of any applicable Warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Gout imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waaanty. 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 gouantecs, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OIL MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change ordcr. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions LOOT deletions front the quantities originally ordered in the specifications or drawings, by verbal ur written chance order. If any such ch:mgc affects the amount due or the time of performance hereunder. an equitable adjusunent shall Ihe made. . o. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any c]ains fix anticipated profits on the uncompleted portion of the goods and/or work, for incidental m consequential danoages, and that nu such adjusunent be node in (ayor of the 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 from the date the change or termination is urdeed. S. COMPLIANCE WITH LAW. The Seller wanants 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. l'he Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws ❑ud regulations required to be incorporated in agreements of this character are hereby incorporated hcre•in by this retc'enee•. 'I'toe Seller ;agrees to indemnify and hold the Purchaserhatless from all costs and d:unaees suflered by the Purchaser as :a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source govenrnent contract" within the meaning of Article XX V I I I ofthe Colorado Constitution ("Article XX V I I I"), then the provisions of Section 15 of Article XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [ConuactorI or any othe 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 XXVIIL then the [Contractor] agrees it shall be ineligible to hold any sole source government conlm,,LKx public employment with the state of Colorado or any of its political subdivisions, lilt three years. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order. or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE.' The Seller W:utants fill], clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in perlinmance of this agreement. lice and clear of any and all liens, restrictions, reservations, security interest enenmbrauccs and claims ofothets. I I. NONWAIVER. Failure of the Pm'Cltnser TO insist upon strict performance of the terns and conditions hereof, failure or delay it, exercise any rights or remedies provided herein or by late, failure to promptly notity the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warnuaies or obligations ofthis purchase ordcr and shall not be deemed a waiver ofany right ofthe purchmser to insist of strict performance hereof or ;toy of its rights or remedies as to any such goods, regardless of when shipped. received ur 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 ofthe terns hereof: 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Born antinust violations are in fact Iwnte by the Purchases- Theretofore, forgood cause and as consideration for executing this pumhaseorder, the Seller hereby assigns to the Purchaser any and all claims it stay now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the I'urchaser directs the Seller to collect nonconforming m defective goods by a date to be agreed upon by the Purchaser lull the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be net by the most expeditious means available to it, and the Seller shall pay all costs associated with such murk. The Seller shall release the I'mchaset and its contractors ofany tier fiom all liability and claims ofany nature resulting front the perlinmance of such work. 'I his release shall apply even in the event of fault ofnegligence ofthe parry released and shall extend to the directors. officers and employees of such pally. The Seller's contractrul obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfbrnued or caused to be performed by the Purchaser. 14. PATEN "I-S. Whenever the Seller is required to use any design. device, material or process covered by letter, patent, tradenctrk or copyright, the Seller shall indemmnifv rand save harmless the Purchaser fiom any and all claims fur infiingement by reason of the use of such patented design. device. material or process in connection With the coon act, and shall indemnify the Purchaser fix any cost, expense or daniaee which it Tony be obliged to pay by reason of such inf ingentent at any time during the prosecution or alley the completion ofthe work. In case said equipment, or any pan thereafm the intended use ol't he grads, is in such suit held to constitute infiingement and the use of said equipment or pan is enjoined. the Seller shall, .if its own expense and at its option, either procure for the Purchaser the right to continue using said equipment ur pans, replace the same with substantially equal but non-infi inging equipment, or modify it so it becontes non-infi ineine. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit ofcreditors, appoint a receiver or' trustee to)] any of the Sellers property or business, this order may tinthwith be canceled by the Purchaser without liability. IG. GOVERNING LAW. The definitions of tents used or the intcprelation of the agreement and the rights of all parties hereunder shall be construed under and eoverned by the lames ofthe State of Colorado, USA. Tire hollowing Additional Conditions apply only in cases Where the Seller is to perform Work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall many on said Work at Seller's own risk until the same is fully completed and accepted, and shall, in case of ally accident. destruction or injury to the work and/or materials betin'e Sellers final completion and acceptance, m,plere the work a Seller's awn expense and to the satisfaction ofthe Purchaser. When materials and equipment are fulnislted by others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same at The site and becunne responsible therefor as though such materials and/or equipment were being furnished by the Seller under the ordcr. IS INSURANCE. 'I lie Seller shall, ut his own expense, provide fin the payment of workers compensation, including occupational disease benefits, to its employees employed un or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry eomprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodilv injury and death limits of at least $300,000 for any one person. $500,000 ton any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any. to provide for such comnpensation and insurance. Befine any of the Sellers or his conu'netors employees shall do any Work upon the premises of olbers, 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 fur any and all damage, loss or injury of any kind m nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order un in connection herewith. The Seller Will indemnify and hold harmless the Purchaser and any omit of the Purchases officers. agents and employees fromm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to pesons or properly m which the Purchaser maybe put or subject by rrlson of :ay act. netion, neglect, omission ur default on the pan ofthe Seller. any ofhis contractors. m any ofthe Sellers or contractors officers, agents or employees. In case arysuit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at anv time on account or by reason ofany act. action. neglect, omission LIT default of the Seller of any of his cone actms or any of its or their offices, 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. chtu Les. attorneys fees and other expenses, any and alljudgments that m:ry be incun ed by or obtained against The Purchaser ur any of its m 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 samme to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety pn ecautions. furnish and install all guards necessity 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 04/2001)