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HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 3212095Fort Collins PURCHASE ORDER PO Number Page 3212095 1o12 This number must appear on all invoices, packing slips and labels. Date: 06/01/2012 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: 01/12/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Boring and Pot Holes 1 LOT LS 5,000.00 Annual 2 Boring and Pot Holes 1 LOT LS 60,000.00 Addendum to Annual C3. Oi'la:-sQ� 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 11' Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60100587 is registered with the Collector of Failure of the Purchaser to insist spun strict performance of the toms and conditions hcrcoL failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event offs breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the xxarri Mies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may he retained 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, segaulless instructions fmm the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported oral modification or resei,,si on of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of For 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 Fort Collins, Hmsxreca it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafla Freight Terms. Shipments most be F.O.N.. City of Fort Collins, 700 Wood St.. For Collins, CO 50522. unless acquired under federal or state antitrust laws for such overcharges minting to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser ditecty the Seller to correct nonconhmmming or defective goods by a date to he agrees upon by the expected from the runrcst distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller therca to indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay nit costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the time. municipality, territory or 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 fmm 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 mquiremerm Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected sound 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 fthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hacto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this nrder else, here and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably fo¢secable which arc beyond its reasonable control and without its fault of negligence. such acts of God. act, of civil or military authorities, governmental priorities, fists, strikes, flood, epidemics, wars or tins provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time ,her the Seiler 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 it 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications samples anchor other descriptions given, will be Fitt for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of warmss The Seller shall replace, repair or make grad, without cost to the putthasa, any defects or faults arising within etc (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aher the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting I'man imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by she Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties nr guarantees, but such liability shall in no event include loss ofpmfis or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGFS 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 from the quantities originally ordered in the specifications or diauinps, by verbal or written change order. If any such change affects the amount due or the time ofperf nmance Immunda, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment "ween 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, far incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any good which are the Sellers standard stock. No such lamination 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 thin (30) days form the date the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller wam s that all goods sold hereunder shall have been practical, sold, delivered and Famished 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become disc hereunder without the prior written call of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in parfommance of this agreement, free and clear of any and all liens, restrictions, rescrvmmu s, security interest encumbrances qad claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature, resulting fmm the performance ofsueh work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees of such party. The Seller's connacmal obligations, including warranty, shall not he deemed to be seduced, in any way, because such work is perfommd or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save hamrless the Purchaser from 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 for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. 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 pan 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 or parts, replace the same with substantially equal but mmninfringing equipment, or mudify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insahat of bankrupt, make an ec ignment for the hawfit of creditors, appoint a receiver or trustee for any of the Scllcrs pmpaty, or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions fterns used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall be construed under and govemcd by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases when, the Seller is to perform work facial including the services of Sellers Rcprescatative(s), oa the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said Work at Seller's 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 Seller's final completion mad acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seiler 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. 19. 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 Innis of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, continental and automobile public liability insurance with bodily injury and death limits of at least 5300.WO for any one person. $500.000 for any one accident and property damage limit per accident of 5400.000. The Seiler 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 ofoluers, the Seller shall famish the Parch ssa with a eenificmc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecrtificams shall specify the dam when such compensation and insurance expires The Seller agrees that such compensation noel ins itm ce .shall he maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respe ssibilityand liability for any and all damage Ions or injury ofany kind or nature whatsoever to persons nr property, caused by or resulting Form the execution of the work provided for in phis 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 fmm and against any and all claims, losses, damages Charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by mason of any act, action, neglect omission or default on the pan of the Scllcr, any of his 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 offal of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hacby agrees to assume the defense thereof and to defend the same at the Sellers own expenoc, to pay any and all costs, charges, attameys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. ,agents or employees in inch suits or other proceedings, and in case judgment or other her be placed upon or obtained against the proper of the Purchases, unsaid panics 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 anfety precautions, furnish 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 riles and regulations issued pursuant therem. Revised 03/2010