Loading...
HomeMy WebLinkAbout111183 COULSON EXCAVATING CO INC - PURCHASE ORDER - 3212160PURCHASE ORDER PO Number Page City Of3212160 t of z F6r} CThis number must appear //_^,'`�—J`-' ` CollinsJ on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 111183 COULSON EXCAVATING CO INC 3609 N CTY RD 13 LOVELAND Colorado 80538 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 BLANKET ORDER UTILITIES U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1 LOT LS 30,000.00 Total $30,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tess exemptions. By stzmtc the City of Fort Collins is exempt fmm state and local taxes, Our Exemption Number is 11 NONWAIVER. 98-0W502. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered .with the Collector Of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any ri ghts or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the ncecphoce ofor payment for goods hereunder or approval nfthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifiewimu, either when shipped Or due to defects of any of the warranties or obligations of this purchase order and shall not be darned a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights or remedies as many such good, regardless instructions fmm the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or mitcissinn of this purchase tanker by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimisi ACCEPTANCE is dependent upon completion craft applicable requited inspection pmcedurcx, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hcrchy assigns to the Purchaser any and all claims it may now have or hereiOcr Freight Terms. Shipments must be F.O.H., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the purticulnr goods or .services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaecr pursuant to this purchase order. bill most accompany invoice. Additional charges forpacking will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufnclumm have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments tirc made firm greater distance. may cause the work to be performed by the most expeditious means ,ailiblc to it. and the Seller shall pay all cost, associated with such work. Permits. Seller shall pmcurc at sellers sale cost all accessary permits, certificates and licenses required by all applicable Imes, regulatinns, ordinnnecs and mles of the state, municipalityterritory or political subdivision where the work is preformed, or required by any other duly constituted public antiamiry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, macs and rcyuiremcnte. Authuriz tioa. All parties to this contmn agree that the mprow. mativcs are. in fact, bnna fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set funk and any supplenmatzry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diffcrcnt terms 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 premised delivery date as noted, Time is critic essence, Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as o waiver ofthis provision, In the event ofnny delay. the Prrchascr 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 net reasonably foreseeable which are beyond its reasonable control and without its fault Ofnegligeace, such acts of God, acts ofeivil or military authorities, govemmemal 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 ofthe time when the Seller first remised knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wamnts that all good. 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 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 fmm any loss, damage or expense which the Purchaser may surfer or incur on account of the Sellers breach of wantonly, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may he pascribed by law or by the terms of any applicable womanly provided by the Seller after the date of acceptance of the grad fumishcd hereunder (acceptance not to be unreasonably dclayd), resulting from imperfect or defective work done or mammals famished by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver of nay claim tinder this warranty. Except as othcmise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pox intately caused by the breach of any of the foregoing wamntics Or guarantees, but such liability shall in no event include loss of pmfts or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the prn itifes originally Ordered in the specifications of drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then net shipped, subject to any equitable adjustment beawccn the parties ns to any work or materials then in pmgrec provided that the purchaser shall nut be liable for any claims for antieipmed pmBts on the uncompleted portion of the goods adlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. Nn such termination shall reline the Purchaser ar the Scllcrrorally oftheir obligations as to any gad dcliwcmd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or lemuination is Ordcmd. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to mnmply 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 wlinen consent of the other party. 10.TITLE. The Seller wammts full. clear and unrestricted till, 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. The Seller shall advise the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released nod shall extend to the directors, officersand employees of such party. The Seller's contractual obligations, including w,..ry, shall not be deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATEN"rs. Whenever the Seller is required to use tiny design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hornless the Purchaser form any and all claims for infringement by reason of the use of .such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser totally cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccation or after the completion of the work. In case said equipment. or any part thereof or the intended ass of the goods, is in such snit held In constitute infringement and the use of said equipment tar pan is enjoined, the Seller shall. at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfrirging equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, Ib. GOVERNING LAW. The dcfinitinns oftcrms used or the imcrprctalinn ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the son ices of Scllcr, Representative(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry tin said work m Scalds own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense 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 nod become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvidc 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 dependent 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, comrneral and automobile public liability insurance with bodily injury and death limits of at least S300.010 for any one person. $500.000 for 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 conipmsation and insumna. Before any of the Seller, or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ecn{ficatc 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 Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury Orally kind or nature whomsoever to persons or property caused by Or resulting from the execution ofthc work provided for in this purchase order or in connection hcoxvith. 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 ill claims. loses, damages, charges or expenses, whither direct or indirect. and whether to persons or proper to which the Purchaser may be put Or wihieet by reason of any nu, action, neglect, omission or default on the pan of the Seller. any of his contraetors, or any of the Sellers or contractors oficen. agents or employees. In case any suit ar other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on acennal or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors Or env Of its Or their officers, agents or employees is nforeszid, the Seller hereby agrees triassume the defense thereofand Ita defend the same at the Sellers own expense, to pay any and all costs, charges, atromcys fees and Other expenses, any and nil judgments that may be incurred by or Obtained against the Purchaser Or any Of ire, or their offcem, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or chmined against the pmpcity of the Purchaser. or said parties in or as a result ofsuch suits or other proceedings, the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents comply with all laws and regndmian, with regard to safety including, bill without limitation, the Occupational Safcty and Hcrlth Act of 1970 and all Odes and regulations isswcd pursuant thereto. Revised 03/2010