HomeMy WebLinkAbout490779 BOHEMIAN COMPANIES - PURCHASE ORDER - 9141701Fort Collins
Date: 03/24/2014
Vendor: 490779
BOHEMIAN COMPANIES
262 E MOUNTAIN AV
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9141701 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/24/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r CONSTRUCTION SERVICES
DRAINAGE IMPROVEMENTS
1 LOT LS
262 E MOUNTAIN AVE; FORT COLLINS SHARE OF REPAIRS AND ENHANCEMENTS TO THE MITCHELL
BLOCK LID IMPROVEMENTS
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 $5,000.06
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
1. COMMERCIALDETAILS.
Tan exemptions. By staNte the City of Front Colima o exempt firm sure and local axes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tex Exemption Cenificam of Registry 846000581 is registeaed with the Collector of
Failure of the purchaser to insist upon stria performance of the if. led conditiays herxoh failure or delay to
Imeinal 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 of o
breach, the acceptance ofor payment fin goods; hereunder or approval ofthe design, shall not mace, the Seller of
Goods Rejected. GOODS REJECTED due a, failure a meet specifications, either when shipped or due m defccb of
any of the warmaies or obligations of this purchase order and shall not be, deemed a waiver of any right of the
damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon snip performance hereof or any of its rights or remedies a to any such goods, regardless
instructions from the City of Port Collins.
of when shipped, received or accepted, ex to any prior or subsequent default hereunder, nor shall any purported
coal modification or rescission of this purchase order by the Purchaser operate of a waiver ofany of the terms
Inspection. GOODS are subject in the City of Fort Covim inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or aluipment in response to this order 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 but FINAL
Seller and the Purchaser recognize Out to actual « eha is practice, overa m gresulting foaantitrost
T ACCEPANCE is depeMent upon completion oral applicable empirical instruction procedures. paction
violatioare in fact bome by the Familiars. Theretofore, for good enure all as consideration for executing this
violation
purchase order, the Seller hereby assigns ar the Purchase( any and all claims it may now have or hemif er
Freight Terms. Shipments most M F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless
acquired under fedeul or suite antitrust laws for such overcharges miming to the Particular goods or services
otherwise specified on this order. If permission is given to prepay freight Wad charge separately, the original freight
purchased or acquired by the Purchaser pursuam to this purchase order.
bill most accomoanv invoice. Additional charges for making will not b occerated.
Shipment Distance. Where manufacturers have distributing Points in arstriatc, pans of the country, shipment is
expected foam the manner distribution point to destination, and excess freight will be deducted hoot Invoice when
shipments are made form ¢realer distance.
Permits. Sella shell proeme at sellers sofa cost all necessary permits, munficales and licenses required by all
applicable laws, regulations, ordinances and rules of the saide, municipality, mrMry or political subdivision where
the work is perforated, or required by any other duly coatimmd public authodty luvingjurist iction ova the work
of ve . Seller fuller ages to hold the Cry of Fort Collins banaless from all against all liability and Ines
incurred by them by reawa of an awned or established violation of any such laws, regulations, cad,.., rules
and requiremems.
Authorization All parties to this contract agree that the representatives ore, in fact, bona fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS, This Practice Order expressly limits acceptance to the terra and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incumormed herein by
reference. Any additional or dilTercm terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make enmplem shipment to arrive on your
promised delivery dare as noted. Time is of the essence. Delivery and Performance must b, effected within the time
stated on the purchase Omer and the documents atuched hereto. No acts of the Puahasrs including, without
limiation, amrp. of,anal law deliteriw, shall upend a a waiver of This prevision. In the cent fany delay,
the Purchmc shall have, in Wilton to other legal and equitable emNies, the option ofplacing this Omer elsewhere
and holding me Seller liable for damages. Narcotics, the Sella shall not be liable for damages a a result of delays
due to causes not ransmably foreseeable which art beyond its reasonable control and without its fault of negligence,
such aces of God, aces of civil or military authorities, governmental priorities, fifes, strikes, Bond, epidemics, wars or
riots provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of the
tine when the Seiler first received knowledge Ibefeof. In the event of any such delay, the dine of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wanan6 dust all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or .,he, descriptions given, will be fit for the paapaes intended, and
performed with the highest degree of ram and con,m nce in accordance with accepted standards for work of a
similar nature. The Sella agrees as hold the purchaser harmless foam any It damage m expense which the
Pumh ter may suffer or incur on account of the Sellers branch fractiously. The Sella shall replace, repair Or make
good, without cat to the puehaar, my defo rs or faults arising wOhin one (1) Year or within such longer period of
time on, may be prescribed] by law or by the terms ofany applicable waeanly provided by the Seller after me date of
acceptance of me goods famished hereunder (acceptance not to be umeamrably delayed), resulting form imcerf rt
or detective work done or materials furnished by the Seller. Acceptance or are of goods by the Purchaser shall not
constitute a waiver of my 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 me foregoing warranties
or ...... tees, bur 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 wnmm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mina, other than legal terra, including additions in or deletions firm
the quantities originally on erd to the specifications or drawings, by varal or carmen change form. If any such
change affairs dw amount due or the time of perfoamance hereunder, an equitable adjustment shall b, made.
&TERMINATIONS.
Than Purchaser may at any time by written change ada, wmdnme this agreement to to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties a 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
potion oftbe goods and/or work, for incidental or consequential damages, and that no such adjustment M made in
favor of the Seller with m.,ro an any goods which arc the Sellers standard Stock. No such w arriwtion shall relieve
the Purchaser or the Sella of my oftheir obligations m to any goods delivered hasmnda.
1. CLAIMS FOR AD3USTMENT.
Any claim Ins adjmrmmn, most be awned within thim, (30) days foam the date the change or wferinmion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella sommnts thin all good sold heeunda sbull have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good me subject. The Sella shall execute and
deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to be
ncorpomled in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hnmOas foam all costs and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, number, or convey rats order, or ivy monies due or to become due hereunder without the
prior written foment of me be, parry.
10, TITLE.
The Sella wartan0 full clear all umesariaed title to the Parham for all equipment, mammals, tad in. fi iffed
to performance of this agreement, free and clear of my and all Item, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifire Purchaser directs the Seller to correct nonconforming or defective Stands by a dare to be named upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness an comply, the Purchaser
may cause the war, in be performed by she most expedilioa mans available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaer and its contractors of any tier foam all liability and claims of any nature
resulting foam the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party ciliated artd shall extent to the
directors, officers and employees ofsuch party.
The Sellers contractual obligation, including wamany, shall not be deemed to be reduced, in any way, became
such work is performed or caused to In performed by the Purchaser.
14. PATENTS.
Whenever the Seller is pralmoul to use any design, device, material or process covered by letter, patent, trademark
or copyright the Seller shall indemnify and save hamtless the Purchaser from any and all claims for infringement
by reason of the use of such ,moved design, device, mammal or process in connection with the formal, and
shall indemnify the Purchaser for any cast, 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 rase said equipment. or
any pan therm( err the intended use of the ¢cods, is in such suit held to comli ate infix, man and the me of
mid equipment or not is enjoined, the Seller shall, at its awn expense and at its option, either pmcusr for the
Purchaser the right to examine using said aryipment or parts, mplam me same with substantially equal but
mwninGtal equipment, or modify it as it becomes rwuinGnging.
IS. INSOLVENCY.
If the Sella shall become insolvent or bxNmph make an assignment far the bench, of creditors, ep,iat a
or lrmme for any of the Sellers property or business, this aide, may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftenas used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
omwed order and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only ry races where the Sella is to cefifenn work hereunder,
including Ore services of Sellers Repteaenutive(s), ov me premiss of others.
IT. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the mine is fully completed and accepted, seal shall,
in case of any accident, destruction Or injury or the work sndaor materials before Sellers final completion sad
acceptance, wroplem the work al Sellers awn expense and w the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation Or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials andor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compematiov, including occupational
disease benefits, to its employees employed on or in correction with the work covered by this perchase order,
armor to their dependenu in accordance with the laws of the same in which the work is to M done The Seller
shall also any comprehensive general liability including, but not limited to, contucmal and automobile public
liability insurance with bodily injury and death limits of a, lesst S300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S4100,000. The Seller shall likewise require his
ontractors, if any, to provide for such formconjustion and insurance Before any of the Sellers or his contractors
employees shall do any work upon the premises of afters, the Seller shall famish the Pumhasa with a modicum
that such rompensaion and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such renificams shall specify the date when such compensation
and insurance expires. The Seller agar 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 summers theenlirc responsibility and liability for any and all damage, loss m injury of any kind
r mature w'hatscever to persons or papery caused by or reaching foam be execution ofine work provided for in
this p.e order .,in formation herewith. The Seller will indemnify and Mid humless Ne Purchaa afd any
car all of me Purchasers m e., agents and employees from and again, any and all claims, losses, damages,
charges or expenses, whether direct or indirect, all whether in persuns or property an which the Purchaa may
M put or subject by meson of any act, action, neglect, omission or default on the part ofthe Seller, 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 motion of any act action, neglect, omission or default of the Sella of any of his comments or any of its or
their officers, agents or employees a aforesaid, the Seller hereby agrees to assume me defense thereof and to
defend the same at the Sellers own expense, to pay any and all casts, charges, ammam x fees and other expenses,
say and all judgments 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 wu judgment or other lien be placed upon or
obtained against the progeny ofthe Purchasa, or said parties in or a 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 Sella and
his contractors shall take all safety pmcauriaa, finish and install all guards necessary for the praemion of
accidents, comply with all laws and regumtioa with regsm to safety including, but without limitation, me
Occupational Safety and Health Act of 1970 and all rules and regulators carted pursuant thereu.
Revised 03=0