HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9142997PO
PURCHASE ORDER 914299er Page
City, of PURCHASE
9142997 1 of 2
' `tr olI In C This number must appear
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�slips and labels.
Date: 05/30/2014
Vendor: 180828
COLORADO BORING
ATTN: JOHN JACOBS
3813 CANAL DR
FORT COLLINS CO 80524
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 05/30/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Boring Parkways and Medians
West Horsetooth Medians
PER WORK ORDER NUMBER P14-03
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.com
1 LOT LS
Total
Invoice Address:
47,842.00
$47,842.00
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.
Tax exemptions. By statute the City of Tom Collins is exempt from slate and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Faleml Excise Tax Exemption Catifirdim of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Imervl Revenue, Defn'er, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or rernceics provided therein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance offer payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejand, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of
any Of the assemblies or obligations of this purchase order and shall are be deemed a waiver of any right of the
damage in .-it. may be retumW to you for clean and the or m be, replaced except upon receipt of nano.
purchaser to insist upon atria perfomanee hamOnrany of its rights or tmedies as to any such goods, m,mdless
institutions from the City of Fan Collins.
of when shipped, received or weceptd, as to any prior or subsequent default hereunder, nor shall any pempomcd
oral malifiation or rescission of this purchase order by the Purchaer operate M a waiver of any of the meets
Ince,sotion. GOODS art subject m the City of Fon Collins impalian on amval.
hereof.
Final Acceptance. Receipt of the merchandise, servers or equipment in response to this miler can much in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
aathmizec paymcm on thc per. of the City of Fort Collura. However, it is to be undersmod that FINAL
Seller and the Purchaser emognim that in actual a is practice,ercharges ovresulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
dur.
embarrass see in fact home by the Purchaser. Theretofore,f r good dame, and as consideration for exceeding this
Purchase order, the Sella hctby wou,nis to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shiprmns most be F.O.O., City of Fort Collins, 700 Wood St, Four Collins, CO 80522, unless
acquired under mean] or state northeast laws for such ovechages relating to the p iefter ar goads or services
otherwise specified on this other. If permission is given. prepay freight and charge separately, the oogi.l fmigh,
precased of acquired by the PurthMn pursuant to this purcb.rs, order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing point in van us pans of the country, shipment is
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he a greed upon by the
expected from the nearest distribution point In desrinalion, and excess freight will be decocted from Invoice when
Parch war and the Seller. and the Seller dimmer indicate it inability or unwillingness to comply, the Purcchaer
shipments art made from Marc,gdishous ,
may cause the work to a performed by the moo Mpeduums meant available to it, and the Seller shall may all
costs associated with such wad:.
Permits. Seller shall prucme at iellem .to cost all merits, famous, cenlficates and lirerses required by all
applicable law regulations, ordinmecs and roles ofer stare, 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 from and against all liability and loss
incurred by them by reason of a t asserted or established violation of any such laws, regulations, ordinances, roles
anaqubernam.
Amho nift.n. All ponies to this contract agree that the representatives are, in fact, bona fide and possess lull and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order eaprcssdy limits acceptance to the terms and conditions stated
Itrdin set Ibrth and any supplementary or additional times and conditions annexed hereto or incorporated herein by
reference. Any additional or ditlerenucmes and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT inu adiamly ifyou cannot make complete shipment to arrive on year
promised delivery dam as hoard. Time is of fhe essence. Delivery and performance must be effemed within the time
stated on the purchase order and the documents winched hereto. No acs of the Ponderous including, without
limitation, acceptance of patriot lam ddiveriM. shall cleared as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other Icgal and equitable remedirs, the op0o r of placing this order elsewhere
and holding the Scller liable for damage, However, the Sella shall not a liable for damages as a result of delays
due to causes not reasonably forconablo which aR beyond its --.able control and without its fuel, of negligence,
such acts of God, sea ofcidl or military aulhon irs, govemmental prionties, fees, strikes, mood, epidemics, wars or
hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the runt of any such delay, the dale of delivery shall be
extended for the period equal to the time actually lost by reason ofth, delay.
3. WARRANTY.
The Seller warrant that all good, repines, materials and work covered by this order will conform with applicable
drawings, spaifiations, sampler an,Vor other descriptions given, will be fit for the proposes intended, and
perfofined wish the highest degree of arc and compenence in accordance with accepted standards for work of is
similar .tore. The Seller agrees m hold the purchaser harmless fmm any loss, damage ar expense which the
Purchaser may suffer or incur on account of to Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defect or fault arising within one (I) year or within such longer period of
time M may be prescribed by law or by he but ofany applicable womanly provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not m be unreuo rably delayed), resulting fmm imperfa,
or defective work dune or materials fumuhed by the Seller. Acceptance or use of goads by the Purchaser shall not
consulate a waiver Orion, claim under this warranty. Exciter as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the beach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profit or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SE IALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumkter may make changes to legal terms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make any changes to the terms, other than legal terms, including additions m or deletions from
the quantitiesoriginally ordered in the specifications or drawings, by verbal or written change order. If any such
change affect the :mecum due or the time of performance hereunder, an equitable udju addrat shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement M to any or
nm
all paof the
,nod then nor shipped, subject to any equitable adjustment between the Patties M to any work or mmenalsthen in
progress provided that the Priced mser shall not be liable far any claims for anticipated profit on the uncompleted
pmmi in Of the good andtur work, for incidental or mnsequenal damages, and that he such adjustment be made in
favor of the Seller with respect o any good which am the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their Obligations M to any good delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assemed within thiery, (30) days fmm the date she change or lamination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller waaants Out all goods sold hereunder shall have been pfodtmed, sold. delivered and Rumored in strict
compliance with all applicable Laws and regulations to which the goods ale subjat The Seller shall execute and
deliver, such document M may be required to eRed or evidence compliance. All laws and regulations styuion! to be
ffco,s rated in agreement of this character at hereby complimented herein by this coherence. The Seller agres to
indemnify and hold the Purchaser armless firm all cast aril damages surfaced by the Purchaser M a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tamper, or convey this order, or any munies due or to become due hereunder without the
prior wdnen annual oft, other party.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Purchaser fee all equipment, maeenals, and items famished
is performance of this optimum, fro end char of any and all firm, restriction, raerailmes, security "attest
encumbrance and claims of others.
The Seller shall release the Purchaser and its contractors of my her from all liability and claims of any nature
resultin, from he performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Perry released road shall extend to she
dichum. oflicers and employee of such puny.
The Seller's cmtmcaml obligations, including wammfy, shall not be dented to be reduced, in any way, because
such work is p,fxon ed or caused to be perfnmec by she Purchaser.
14. PA"I ENT S.
Whenever the Seller is raluired to hsc any design, device, material or process covered by letter, patent, trademark
or apyrighh the Scller shall indemmify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of sucll pmrthed 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 compleion of the work. In ma, said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to corutimte infringement and the use of
said equipment or pan is criminal, the Seller shall, at is own expense and at its option, either Frncurc for the
Purchaser the right to continue using said tyuipment or pare, replace the same with substantially amid but
naninfringing Wuipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assigmn er for the benefit of creditors, appoint a
receiver err trustee for any of the Sellers property, or business, this order my forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of Imes used or the interpf tram ofde agreement and the rights of all parries hereunder shall be
...,it under wed governed by de laws of the Seam of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work herrmdcq
including the services of Sellers Ref rexmative(s), on the premises of others.
IT. SELLERS RESPONSIBILITY.
tote Seller shall carry m aid work at Sellers own risk unfit the same is fully Completed and accepted. and shaft,
in se of any accident distraction or injury w the work anther madcnads before Sellers trial completion and
acceptance, complete the work at Sellers own expense and to the substitution of the Purchaser. When trmenals
and equipment art famished by,ters for installation or motion by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being famished by the Seller major the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, hs its employees employed on or in connection with the work covered by this purchase ordeu
and/or to their depadam in accordance with the laws of the state in which the work is to be done. The Seller
shall also army comprehensive general liability including, but not limitec to, commedual end automobile public
liability insnrawe wilh bodily injury and death limits of at least S300.000 for any one person, 8500,00b for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, it any, to provide tier such cuouperradon and insurance. Before any of the Sellers or his contractors
employees shall do any work on the premises of others, the Seller shall famish the Purchaser with a eenitiam
Ibu, such eompats:mon and insurance base been provided Such certificates mall specify the dale when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees than such compensation and insurance shall be maintained until Ober the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability, for any and all damage, loss or injury of my kind
or nature whatdever to persaer or property caused by or resulting from the execution ofe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold armless the Purchaser and any
r all of the Purchasers officers, agent and employee fmm and against any and all claims, losses, damages,
charges or celerities, whether died or indirect reed whether m persons or p.,, to which the Purchaser may
b, put or subject by h aeon Of any act action, midair, omission or default on the pan of me Seller, any of his
contractors, or any of the Sellers or contractors officers, ages or employees. In case any suit or other
proceedings shall be brought against the Punctuator, or its oflicers, agents or employees at any time on account or
by reason of any act action, neglect omission or default Of the Seller of any of his contm d. or any of it Or
their officers, agent or employees M of said, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to nay any sad all of ehvges, amomeys fees and other capita ,
any and all judgment that may I: ine urrd by or claimed against the Purchaser or any of it or their officers,
agent or employees in such suit Or other pfoccNings, aM in case judgmmt or other lien her placed upon or
obtained claim, the pmpeny of the Purchaser, or said parties in or as a result ofsuch suit or older proceedings,
the Sella will a, once.use the same to be diewime! it discharged by JIM, brad or otherwise. The Sella and
his contractors shall take all vfety Interactions, famish and install all guards necessary, for the prevention of
modern, comply with all laws and regulations with fegnrd to safety including, but without limitation, the
Ocapatiotml Safety and Health Act of 197E and all roles and regulations issued pursuant thereto.
Revised OEaO10