HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9142149130
PURCHASE ORDER 914214er Page
City of PURCHASE
42149 t of z
`t Collinsr his number must appear
V 1 1 on all invoices, packing
sli s and labels.
Date: 0411612014
Vendor: 180828
COLORADO BORING
ATTN: JOHN JACOBS
3813 CANAL DR
FORT COLLINS CO 80524
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/15/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i OTHER PROF & TECH SERVICES 1 LOT LS 6,872.50
13817
7546 Directional Boring & Trenching
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
.50
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. C0MMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is
11. NONWAIVER.
9840502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the purchaser to insist upon strict performance of the terns sad conditions hereof, failure or delay to
Inimical Revenue, Drover, Ca mask, (Ref. Claimants Revised Statistics 1973, Chapter 39-26, 114 Bo.
exercise any rights or remedies povidd herein or by law, failure to promptly rwtify the Seller in the event of a
breach, the acceptance ofor payment for good herturader or approval of she deign, shall act release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped m due to defect of
any of the warranties or obligation of this purchase order and shall oat be deemed a waiver of any right of the
damage in mount, may be rttumed to you for credit and are nor to be replaced except upon receipt of written
Pmchasn Ira insist upon strict performance hermf or any of it right or mmedics as to my such good, regardless
instructions from the Ciry of Fort Collin.
of when shipped, received or accepted, in to any prior or subsequent deficit hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection- GOODS arc subject to the City of Fon Collor impecdan an arrival.
hereof.
Final Accepmnce. Receipt of the merclesuch e, services in ryuipment in respane ta this oNer can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
commit payment on On part of the City of Fan Collins. However, it is to be, understood that FINAL
Seller and Be Purchaser aecmgnix that in utnal economic Practice, overcharges anust resulting from titr
ACCEPTANCE is dependeal upon completion of rill applicable required impectim, procedures.
violaumu are in fact homeasercto by the Purchaser. Thcforefar good.u¢ and as co.ideation for existing this
purchase order. the Seller hereby acsigru to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipment muss I o ROD., City of Fart Collins, 200 Wood St, Fort Collins, CO 80522. unless
uquima under federal or state anlimee laws fir such overcharges relating To the particular goods or moines
otherwise sissified on this order. if permission is given to prepay freight and charge separately, the original freight
pureM1med or acquired by the Purchaser pursuant ro this purchase maker.
bill must accompany Invoice. Additional charges for puking will nor he sompted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
Ifte Purchaser dimcls rise Seller to comes nonconforming or defcdive good by a&to to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be accented from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its instability or unwillingness to comply, the Purchaser
shipment are made join greater distione
may cause the work to be performed by Be most expeditious means available to it, and the Seller shall pay all
cost nocimcc with such work.
Permit. Seller shell procure m sellers sale cost all necesary permits, certificates and licenses colonel by all
applicable laws, regulation, ordinances and races ofthe scale, municipality, ¢mtory or political subdivision whom
the work is performed, or required by any other duly conlimmd public authority having jurisdiction over the work
of vendor. Seller further ogrens to bold the City of End Collins handles, from and against all liability and loss
.cured by Them by reason of an asserted or established violation of any such laws, regulancres, ordinances, isles
and raluirememt.
Authorization. All parties to this contract agree that The representatives are, in fact, bona fide and possess full and
complain authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits recepcance to the terms and conditions sated
herein set foot and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or diffl mat corms ..it conditions proposed by caller are objected 1. 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 essence. Delivery and performance most he effected within the time
stared oa the purchase oNer and the documents attached hemo. No act of the Purchasers including. without
1iMmtiem, acceptance of partial late delivMes, shall operate as a waiver of this provision. In the evert of any delay,
the Purchase shall have, in addition to other legal and equiable remedies, the option of placing this order dscwhere
and holding the Seller liable for damages. However, the Seller shall not be liable for dmages as a result of delays
due to caucas not reasonably forneeable which art beyond its reasonable control and without it fault of negligence,
such acts of God, acts of civil in military autbonties, govammenl priorities, fires, strikes, flood, epidemics, wan or
riots provided than notice of Be condition easing such delay is given to the Purchaser within five (5) days of Be
time when the Seller Gm received knowledge thereof. In the event of any such delay, the date of delivery shall be
emeded for the period equal to the time merely lost by sexual of the delay.
3. WARRANTY.
The Seller warrants this all good, articles, mmnials and work mvered by this main will conf.tm with applicable
drawings, specifrcatiom, samples and/or other descriptions given, will be, fit for the purposes muscatel. and
performed with the highest degree of.. cad contpons. is accordance with accepted scadaol, fro work of a
similar .tors. The Sella agrees to hold the purchaser harmless from any lass, daring, or expense which the
Pu beco er nay atR m insur on account of the Sellerstamch of warranty. The Seller skull replace, repay m make
good, without cat to the purchaser, my defers or boom arisisg within me (1) year or within such longer period of
time as may be prescribN by law or by the ama of my applicable academic povidd by the Seller after the date of
mceptnoe of the good famished hereunder (ucepTvece mot to be unreasonably delayed), resulting from imperfect
in def chive work done or materials famished by the Seller. Accountant, or use of goods by the Purchaser shall rout
continue a waiver ofany claim under this wmmnry. Except m otherwise provided in shis purchase order, the Sellers
liability hereunder shall extend to all damages proximately cauud by the breach of my of the foregoing warmansax
or guammre; but such liability shall in no event include lass of profit 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 mist by wnacn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, ocher than legal term, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change We, If any such
change affects the amount due or the time ofpetformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may an any time by written change or terminate this agreement m to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties ne to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pteflt on the uncompleted
portion of the goods andfr work, for incidental or con esReatial damages, and chat no such adjustment be made in
favor ofthe Seller with respect to any good which are the Seller standard stock. No such termirutimn shall relieve
the Purchaser or the Seller ofany ofthcir obligation as to my good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Anr claim fro adjustment muse be aysened within thirty (30) days from the date me change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants felt all good sold hereunder shall have bee, produced sold delivered and fumished in strict
compliance with all applicable laws and regulation to which the good ere subject The Seller shall mecure and
deliver such rbcummt. may be required to effect or evidence compliance. All laws and regulation required to be
incorporated in spontaneous of this charanrer are hereby incorporated Fermin by this reference. The Seller agrees to
indemnify and Fold the Purchaser hapard. form all casts and defi sunned by the Purchaser as a ravel of The
Sellers failure an comply with such law.
9. ASSIGNMENT.
Neither txmy shall assign, trunefer, or convey this man, or any monies due or to l noise due hereuMer while. fie
prior wsiuen consent oflhe other parry.
10. TITLE.
The Sella warrant full, clear and TTruesfiined title to the Purchaser for all ryuipmen , materials, and items burnished
in perform— of this ligro mer, free and clear of any and all liens, common., on., maceari.n, s vvuriry interest
rocumbrnnces and claims.foNers.
The Seller shall release the Purchaser end its contractors of any tier fora all liability and claims of any mature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contmcrnal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be 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 harmless the purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or proress in comedion 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 my time during the posecution 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 infingemem and the use of
said equipment or pan is enjoined, the Seller shall, at its own moscom and at its option, either procure for the
Purchaser the right to continue using said equipment or pacts, replace the same with substantially equal but
mwninfnngmg equipment, or modify it m a becamcs... infringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bmkrvPf, make an assigmnent for the benefit of credors, appoint a
or auction for any of the Sell. property, of business, this .,it, may foMwith he canceled by the
Purchaxr without liability.
16. GOVERNING LAW.
The definitions ofterrm nod or the interpretation of Ore agreement ard the rights of ell parties hereunder shall be
commud under and governed by she laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in emus where rise Sella is to perform settle hereunder,
initialing the services of Sellers Romesenrative(s), on the premises mfothers.
U. SELLERS RESPONSIBILITY.
no Seller shall cam, on said work at Sellers own risk until Be same is fully completed and accepted, and shall,
in case of my accident destruction or injury to the work carbon mmerials befog Sellers finat completion and
acceptance, complete the work at Sellers own expene and as One safsfacuon of the purchaser. When materials
and egalipmem arc fumished by others for installation or erection by the Sell., the Seller shall recall coined.
store and handle Brame at the site and become responsible therefor as though such materials anNor outmanned
were being furnished by the Seller under line order.
18. MSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
distance bcnefu, m its employees employed on or in connection with the wok covered by this purchase an
rat to their dependents in accordance with the laws of the state in which the work is to he done. The Seller
shall also carry, comprehensive general liability including, but not limited to, contmcmal and automobile public
liability insurance with bodily injury and death limits of m least $300,000 for any one person, 5500,000 fiat any
one accident and property damage limit per accident of $4W,OW. The Seller shall likewise require his
contractors, if any, to provide for such compensation and issuance. Before any of the Sellers of his contractors
employees shall de any work upon the premises of others, the Seller shall famish the Problem with a cenifcale
that such compensation and insurance have been provided. Such certificates shall specify the date when ..on
compensation and insurance have been provided. Such certificates shall specify the dale when such compensation
and insurance expires. The Seller agrees That such compmaxecimn and imuance shall be mainlined until lifter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility ad liability for any and all damage, lass or injury ofany kind
or nature whataever to Fortune or property caused by or rcsubing from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will iadnmrify nod hold harmless she Purchases and any
or all or the Purchasers .Rieets, agents aM employees from aM agnirest any and all claims, loss., damages,
charges an expenses, whether direct or indirect, and whether to persone ar properly to which the Purchaser may
be, put or subject by reason of any act, action, neglect, omission re default m the pan suffix Seller, any of his
canrractors, or any of the Sellers or contractors officer, agents or employee; In case any suit or other
proceedings shift he bought again the Purchaser, or in slicers, agents or employees at my rime on account or
by season of any cat cation. rcglect omission or defaulr of she Seller of any of his correlations no any of its or
their officers, agent or employees as aforesaid the Seller hereby ogre to assume the defense thereof and an
defend the name as she Sell. own expense. to pay my and all costs, charges, snmmeys fees sad other expense;
any and ell judgment. Jet may be incurred by or trimmed against the Purchaser or any of its or their aRcers.
signals or employrex in such suits of ocher p camel gs, and m cue judgment or other lien be placed upon or
obtined against the property c f the Purchaser, or said parties t or. is resins of such suits ar other proceedings,
rise Seller will at once cause the same to be dissolved and discharged by giving bond or othemie. The Sella ad
his contactors shall take all safety precaudtrne, Finish and imtll all guard neeesaary for the prosecutors of
accidents, comply with all laws and regulations, with regard to safety including, but without Iiciusion, the
Occupational Safetyand Health An of 1970 and all roles and continuous issued pursuant Norris.
Revised 03=0