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HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9142185PO PURCHASE ORDER 914218er Page �.1�f Of 91427 85 t of z ' `this number must appear ` Collins` 1 1 on all invoices, packing sli s and labels. Date: 04/17/2014 Vendor: 180828 COLORADO BORING ATTN: JOHN JACOBS 3813 CANAL DR FORT COLLINS CO 80524 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 04/17/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 City Bridge Program-KFCG WO #254902100CBC143 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@fogov.wnn inSel�I&I 23,438.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By sm m the City of Fart Collins is exempt from sate and local razes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in oaesis. may M rtNmed to you for credit aod art not to be replaced except upon raeipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject an the City of Fort Collins inspection on annual. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fan Collins. Howeven it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments mat be F.O.B., City of Pan Collins, 700 Wood Sr. Pon Collins, CO 80522, in. otherwise specified on this order. If permission is given to on, freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufwerers have distributing points in sarions pans of the country, shipment is expected from the nearest distribution paint m destination, and exeecs freight will M deducted from Invoice when shipments ate made from grater distance. Permits. Seller shall procure at sellers sole cost all necessary .its, cenificates and licenses required by all applicable laws, regulations, ordinances and rates of the smq municipality, Territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work ol'varact. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an a,med or established violation of any such laws, regulations, coloration, area and w,requirements. AutMriration. All parties to this contract agree that the representatives are, in fact, hum fide and possess full and complete authority to bind said partite. LIMITATION OF TERMS. This Furchau Order expressly limits acceptance to the terms and conditions stated herein set foM aM any supplementary in additional terra and conditions annexed hereto or incorporated Main by reference. Any additional or different terms and conditions proposed by seller are objetled to and hereby rejmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ounce on your promised delivery dam as noted Time is of the essence. Delivery and performance must be effected within the time awed on the purchase order and the documents attached hereto. No such, of the Purchasers including, without limitation, acceptance of radial fare deliveries, shall opcmre as a waiver of this provision. In the exam of any delay, ,he Purchaser shall brie, in addition or other legal and equitable remedies, the option c rpiaing this ordm elsewhere and holding the Seller liable far damages. However, the Seller shall not M liable far damages or a result of decoys due a wows not reasonably foreseeable which are beyond its reasonable mnrml and without its fault of negligence, such nett ofGod, acts afcivil or military authorities, governmental 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 of the time when the Seller firs, 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 goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andror 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 expire. The Seller agrees to Mid the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of warranty. The Seller shall replace, cepab or make good, wihom cast o the purchase, any defeca Or faults arising within one (1) year err within such longer period of time as may M prescribed by law or by the terms of any applicable warranty pmAded by din Seller after the dam of acceptance of the goods frmishtd hereunder (acceptance not to M umeaunably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this woronl. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties a guarantees, be, such liability shall in no occur include loss of profit, or lust of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puurchaser may make changes to legal tears, by won. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes o Net mto than legal terms, including additions ar deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount doe or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order. terminate this agreement as to any or all portions of the goad then rot shipped, subject to any equitable adjustment between the panic, as to any work or materials then in pmgrass provided that the Purchaser shall not M liable for any claims for anticipated profits on the uncompleted portion of Ne good and/or work, for incidental or consequential damages, cord dust nor such adjustment M made in favor of the Seller with respect a any goods which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations a e any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be reaermd within thidy (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations in which the good as subject. The Seller shall exams, and deliver such d«mment, a may M "mad 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 Purchaser becalm form all costs and damages suffrd by the Purchaser as a sesult of the Sellers failure an amply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the Prior wrinen consent argue other parry. 10. TITLE. The Seller wasrmts full, clear and muvem old cee to the Purchaser far all ali ipme 1. materials, aod it. fl 6hed N performance of this agreement, flee am clear of any and all lints, restrictions, crwnatwa, mount, interest rnctanbrmces and claims ofothcrs. ILNONWAIVER. Failure of fire Purehaur a insist upon strict performance of the terms and conditions hereof, failure or delay in exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not aleau the Seller of any of the warranties or obligations of this purchase order and skill not M deemed a waiver of any right of the pucehaser to insist upon strict performance hamfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, ,or shall any purponcd oil modification or rescission of this purchase order by the Purchaser opcmm us a waiver of my of the corms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogniac that in actual economic practice, overcharges m an resulting frotitrust violations are in fact home by the Purchaser. Tbac ofoe rnfogood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pushaser any and all claims it may now have or hereafter acquired under f xeml or slate coined laws for such overcharges calming to the particular 'ands, or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser direcw the Seller or correct nonconforming or defective goods by a daze he M agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unxcillingness to comply. the Purchaser nay wow, the work W M performed by the most expeditions means available a it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier f m all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of time party released and shall extend to the directors, oRcas and employees afsuch parry. The Sallers contractual obligations, including warranty, shall and be darned to M reduced, in any way, bceanse such work is performed ar enured to be performed by the Purchaser. 14. PATENTS. Whenever the Seller 6 required a use any design, device, mammal or process covered by lam, paint, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and al I claims far infringement by reason of the use of such prompted 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 mason of such immigration at any time during the prosecution or oiler the completion of the work. in case said equipment, or any pact thereof or the intemd use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at it, own expense and at its option, either Fireman, fro the Purchaser the right to continue sing said equipment Or parts, replace the same with substantially equal but naninMnging calculating, or modify it sec it becomes rwninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bericni , make an assignment for the benefit of crtdiers, appoint a or ounce for any of the Sellers property or busines s, this order may forthwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterma used or the interpretation ofthe agreement and the rights of all parties hereunder shall M construed under and governed by Nc laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hermardor, including the services o(Scllers Re,resentative(s), on the premises ofoWers. 12. SELLERS RESPONSIBILITY. The Sella shall cart, on said work at Sellers own risk until the same is fully completed not accepted, and shall, in u of coy accident, destruction or injury to the work andtor mentmah, before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When rnaterids and equipment are famished by others for installation or erection by the Sellen the Sella, shall receive, unload, ,tort and handle same at the sim and became responsible therefor as though such matmals and/or equipment were being furnished by the Seller under the order 19. INSURANCE. The Sella shall, M has own expense, provide for ee payment of workers mmpemation, including occupational di. Mi to in, employees employed an or in connection with the came coveedd by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to bo done. The Seller shall also carry comprehensive general liability including. but not limited on. cantmctal and automobile public liability insurance with bodily injury and death limns of in least s30g000 for any one person, 5500,00o far any accident and property damage limit per accident of $400,050. The Seller shall likewise require his caotmeers, if any, to provide for such compensation and insurance. Before any of the Sellers ar his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate that such compensation ail insurance have been provided. Such ceniticates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify red date when such campeaztion and insurance expires. The Seller agrees cat such compensation and insurance shall be, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby assumes the notice responsibility and liability for any and all damage, lass or injury of any kind or coma whatsoever to persons or property caused by or resulting from the execution ofthe work provided for is this purchase order at in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or induced, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of has contrazmrs, or any of ee Sellers in contractors officers, agent or employees. In mu any suit or after proceNing, shall M brought against th, Purchases, ar its oMo., agents or employees at any time on account of by rerun of any act, action, neglect, omission or default of the Seller of my of his comnwers or any of its or than officers, agents or employees as aforesaid, ncc Sella hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, a Pay any and ell costs, charges, amomeys fees aod other expenses, any and all judgmens that may be inmred by or obtained against the Purchaser or any of its or 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 Purchase, or said parties in or as a result of such suits or other plmeedings, the Sella will at once course the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precauMrrs, donnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety rood Health Act of 1970 and all miles and negotiations issued pursuant theme. Revised 032010