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HomeMy WebLinkAbout538714 PREMIER EARTHWORKS & INFRASTRUCTURE INC - PURCHASE ORDER - 9143475PO PURCHASE ORDER 914347er Page City of PURCHASE 43475 1 of z Flirt Collins( Thisnumbermustappear ,-\V`I ` V ` on all invoices, packing sli s and labels. Date: 06/19/2014 Vendor: 538714 Ship To: ENGINEERING DIVISION PREMIER EARTHWORKS & INFRASTRUCTURE INC CITY OF FORT COLLINS PO BOX 9382 281 N COLLEGE AVE DENVER CO 80209 FORT COLLINS CO 80521 Delivery Date: 06/19/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Woodward Technology Ctr. ROW Tie -Ins 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.wrn 1 LOT LS 92,606.00 Total 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 sa tue the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered wish the Collector of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, failure or delay m Internal Revenue Denver, Colorado (Ref Colorado Revised Statues 1973, Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, flume m promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Soler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchase, m insist upon strict performance hereof or any of its rights in comedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sepi or equipment in respome 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 IMtFINAL Seller and the Purchaser recognize that in actual economic practice, eventuates; resulting film antitrust ACCEPTANCE is dependant upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser Theretofore. for goad cause and as consideration far exceeding this purchase order, the Seller hereby assigns to the Purchasn any and all claims it may now have or hm after Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Port Collins, CO 80522, unless acquired under federal o, s.,a antitrust laws for such overcharges elating 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 orde. bill must accompany invoice Additional charges for packing will not be accepted 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Diatonic. Where manu6emrers have distributing points in various pans of the crwtry, shipment is If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be agread Von bythe expelled from the nearest thsmlbutlon pcoal to destination and exwas finaght will be dedmrd from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greats, shower. may coati the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits Seller shall prmue at sellers sale cost sill necessary permits, renifimm, and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly tensioned public authority havingjunadictien over the work of vendac Seller further agrees m hold the City of Fort Collins Harmless from and against all liability and lass improved by them by reason of asserted or established violation of any such Bova,regu lations, ordinances, roles an requirements. Authorization. All parties to this contract agree that the representatives are, in Get, lows fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limier acceptance to the terms end conditions Intel herein set forth and any supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional w daparmt terms and conditions proposed by seller are objected m 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 be effected within the time staled on the purchase order and the document attached hereto. No acts of the Perchmers including, without limitation, acceptance of partial late drinla ea, 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 order elsewhere and holding the Seller liable for damages. However, the Seller shall no, be liable for damages m a result of delays due to causes not Presumably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or notimry authorities, governmental priorities, fires, strikes, flood, epidemics, wars m 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 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confomm with applicable drawings, specifications, samples and or other descriptions given, will be fit fur the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a -similar nature. The Seller agrees to hold the pnrcbazer harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wurtanry. The Seller stall repluce, repair or make good, without cost to the purchaser, my defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the teems of any applicable warranty provided by the Seller after the data of acceptance of the goods Trimmed hereunder bares dame not m be unreasonably 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 womanly. Except es otherwise provided in this purchase order, the Sellers liability herewder shall extend to all damages Formerly cursed by the breach of any of the foregoing romances or guarantees, but such liability shall in no eve. include lass of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by serum change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to 'he terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifiwti ow o, cousin', by verbal or written change order. If any such cleangcaffects the amnum doe or the time ofperfomtance hereunder, an equitable adjustment shall be made_ 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to any equitable adjustment between the patties as W any work or =lenats then in progress provided that the Pumhoser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which me the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any gat35 delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adj o m tit most be assured within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in aria compliance with all applicable laws and regulmions to which the goods are subject. The Seller shall execute and deliver such documents w may be required to effect or evidence compliance. All laws and r wiffiens required to be incorporated in agreements of this character are hereby incorporated herein by this refrmce The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by le 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 due hereunder without the prior confirm consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, fee and clear of any and all liens, restrictions, reservations, Newly interest enetwland. and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direr1w, , officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed m caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, materal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reaon 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 aver the completion of the work. in case said quipmem, m 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, an its own expense and at its option, either prmure for the Purchaser the right to continue using said equipment or pens, replace the more with substantially equal but naninfinging tv,upmmt, or modify it so it becomes nonlnfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNmup , make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The di fritimas ofit. used or the inrerproeticn of the agreement and the rights ofall parties hereonder shall be construed under and governed by the laws ofthe Stale of Colorado, USA. The following Additional Conditions apply only in cases where flit Seller is Is perform work hereunder, including the services of Sellers RepfesenetiviBE on the premises of slots 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or, materials before Settees final completion and eeptarec. complete the work at Seller's awn expense and to line satisfaction of the Purchaser. When materials and equipment are fmished by others for installation or erection by the Seller, the Seller shall receive, unlond, store and handle same at the site and become responsible therefor m though such materials and/or equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, st his own expense, provide for the payment of workers compensation, including occup.ional disease benefits, to its employees employed on or in connection with the work covered by this pumhme order, step., to their dependents in mcmdance with the laws of the .to in which the work is to be dune. The Seller shall also carry comprehemlve general liability including, bar not limited m, construct and automobile public liability insurance with bodily fj iq and death limits ofat least $300,000 for any one person, 55oQ0o0 for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his oomractma 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 of others, the Seller shall furnish the Porehase, with a certificate that such compensation and insurance have been provided. Such cur ificatrs shall specify the die when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be malnmind until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire uNwasfility and liability for my and sill damage, loss or injury of any kind or nature whatsoever to persons or properly caused by or resulting from the execution of the work provided for in this purchase order or in connection hourvem. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Psers urchaofficers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, 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, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my soil or other proceedings shall be brought against the Emaciation, 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 of my of his commuters or any of its or their officers, agents or employees ex aforesaid, the Seller hereby agrees to assume the de&use thereof and to defend the same at the Sellers own expense, to pay any and all nests, ch ides, attorneys 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 such suite or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies 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 safety precautions, furnish and imtell all gwrds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without fortmon, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010