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HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9112653PO PURCHASE ORDER 911265er Page City Of///��� 9112653 t of z Coro Collins This number must appear ,'\�—J`-' ` ` on all invoices, packing slips and labels. Date: 05/10/2011 Vendor: 180828 Ship To: TRAFFIC OPERATIONS COLORADO BORING CITY OF FORT COLLINS ATTN: JOHN JACOBS 626 LINDEN STREET 3813 CANAL DR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 05/10/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Boring - College & Mountain 1 LOT LS 6,084.06 Additional Work PER WORK ORDER #159220 Total $6,084.06 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By share the City of Fort Collins is exempt Tram state and local taxes. Our Exempt inn Number is 11. NONWAIVER. 99-04502. Fcdml Excise Tax Exemption Certificate, of Rcgrstry 94-60,00587 is registered with the Collcdor of Failurc 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 l973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, herbal, to promptly notify the Seller in the aeon offs breach, the acceptance ofor payment for goods hereunder or approval Mthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED disc to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of ibis purchase order and shall not be deemed a waiver of any right of (lie damage in transit, may be reamed to you for credit and arc 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 instruction from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subscgncat default hereunder. nor shall any pummood oral modification or reacissina of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise. services or equipment in reslnnse to this nadir can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acted economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Thmenfnre, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Pnrchnscr any and all claims it may now have or hcrca0cr Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or .state antirust Is I'nr such overcharges relating to the partirnlar goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepamtdy, the original freight purchased or acquired by the Pnrchnscr pit rsunnt to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchnscr 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 Selleq and the Seller Iltercn0cr indicntes its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance, may cause the work to be performed by the mast expnlitihts means mailable a it and the Seller shall pay all costs associated with such work. Permits, Seller shall ptieure at sellers sale cost all necessary permits. certificates and licenses required by all applicable Imes, regulations, ordinances and ales of the state, municipality, territory or political stbdivisinn where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fonher agrees to hold the City of Fog Collins harmless form and against all liability and Ins incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and rcquirerrcnts. Authorivalion. All panics to this contract agree that the representatives arc, in fact. bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly lindus acceptance to the tears and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refcrcuec. Any additional or different teas and conditions propped by seller arc objected in 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 cncnce. Deliver and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasrs including, without limitation, acceptance ofranial late deliveries, shall operate as a waiver of this provision. In the event orany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However, the Seller shall not be liable for damages as a result of delays disc to canes not reasonably foreseeable which are beyond its reasonable control and without it fault ofncgligenec. such acts ruffled, acts ofeivil or military authorities, governmental priorities, fires strikes, food. epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr Bost 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 confirm with applicable drawings, specifications, samples andlor other descriptions given. will be fit for file purpnscs intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrccs to held the purchaser harmless from any Ions damage or expense which the Porchascr may surfer or incur on account of the Sellers breach of w'avanty. 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 may be prescribed bylaw or by the lanes of any applicable warranty provided by the Seller afer the date of acceptance of the gored fnmishcd hacundu (amcptancc not lobe unreasonably delayed), resulting from imperfect or defective work done cr materials furnished by the Seller. Acceptance or use of goods by the Purchnscr shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchxsc order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing water ics or guaranties, but such liability shall in no event include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Icons by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the hmu, other than legal mums. including additions to or dclmions from the quantities originally nndemd in the specifications or drawings, by verbal or written change under. 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 any time by written change order. terminate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progrcn pmvidcd that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller orally of their obligations as to any goods delivered hcrnmdcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or nomination is ordered. R. 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 arc 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Porchascr harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants hell, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in pnfomtance of this agreement free and clear of any and all liens restrictions, reservalions, security interest cncumb ounces and claims of othcts. The Seller shall release the Purchaser and its contractors of any her From all liability and claims of any nature resulting From the performance efsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, effects and employees of such party. The Seller's contractual obligations, including w'amnty, shall not be licensed to be reduced. in any way. because such work is performed or caused to be performed by the Psmhascr. 14. PATENTS. Whenever the Seller is required to use any design, dcv ice, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save brain ess the Purchnscr form any and all claims for in Tr reconcnl 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 or damage which it may be obliged in pav by reason of such infringement at any time during the prosecution or after the completion of the wrork. In case said equipment. or any pan 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 risen expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bill moninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvem or NuAropt. make an assignment for the benefit of credimrs, appoint a receiver or tmsuce for mry of the Sellers property or husiness, this order may forthwith be canceled by the Purchaser without liability. Ifi. GOVERNING LAW. The definitions offours used or the intcrpmtntion of the me eentcm rand the rights efall parties acre nado shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perfums work hereunder, including the services of SCIIcrs RCPrescntativc(s), on the premkws of mhcrs. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in ease of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs own expere 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 receive, 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. IS. INSURANCE. The Seller shall. at his own expense. pracide 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 Scllcr shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insvmnce wills bodily injury and dcmh limits of at let,, S300,000 for any raw person. S500.000 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 Foulkes of nfhcrs, the Seller shall famish the Purchasenvith 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 Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury nFery kind or nature whatsoever to pcouns or oropcity caused by orresulting from the execution of the work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and env or all of the Purchasers officers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to wvbich the Purchaser, may be put or subject by reason of any act. action, neglect, omission or defmut on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offecfs, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser. or its effects, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller of any of his contractors or any of its or their oRhem, agents or employees as aforesaid. the Seller hereby agrccs to assume the defers 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 all judgments that may he incurred by of obtained against the Purchaser or any of its or their officers. agents or employees in such sun, or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Scllcr will at once cause the same In be dissolved and discharged he giving bond or offiCo se,. The Scllcr,mud his contractors shall take all safety precautions fitmish and inhll all guards accessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, bill without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Rmiscd 03/2010