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HomeMy WebLinkAbout124824 D J'S EXCAVATING - PURCHASE ORDER - 9143737PO PURCHASE ORDER 914373er Page City, of 9743737 lofz ' `t Collins Ins This number must appear ` V ` on all invoices, packing sli s and labels. Date: 07/01/2014 Vendor: 124824 D J'S EXCAVATING 1308 LA EDA LN FORT COLLINS CO 80526 4411 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONSTRUCTION SERVICES 4917 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 6,675.00 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. COMMERCDM.DEFAIIS. Tax exemptions. By statute rise City of Fort Collins is exempt fmm were and local taxes. Our Exemption Number is 98a14502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registefed with the Coll.., of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defms of damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written inswetions from the City of Pon Call ins. Inspection. GOODS are subject to the City of Fort Collins inspection on anival. Final Acceptance. Receipt of the merchandise, amnims or equipment in resistance to thas order cond result in oulhonzed payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is deparem upon completion. fall applicable requited inspection procedures. Freight Terms. Shipments most be, F:O.B.. City of Fort Collins, 700 Wood St., Tom Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight vnd charge separately, the original freight bil I must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is expected firm the nearest distribution point to desliaation, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, capillaries soul licenses required by all applicable laws, cogitation, omivances and roles of the state, municiW liry, territory or political subdivision where the work s performed, or requited by any other duly comtituted public authority having irriadiaion over be work of vendor. Seller flutter agrees to hold the City of Fort Collins hmand. from and against all liability and loss incurred by them by reason of an asserted or established violation of any such lam, regulations, ordinances, etas sad equierenb. Anihwrination. All panics to this comma agree that the repow-calives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional terms and conditions annexed hereto or incoryorwort herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby reposed. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date az noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, aseepmnce of partial late deliveries, shall Operate an a waiver alibis provision. In me event of any delay, the Porch er shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding rate Seller liable fur damage. However, me Seller shall not be liable for damages as is Imail of delays due a causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such vets cf God, acts all or milimry nnthorities, governmental priorities, Gres, strikes, flood, epidemics, wars or noe rovided ram 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 therm( In the event of any such delay, the date of delivery shall be extended for the peril equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants char a118oark, articles, materials and work xov<red by this order will coaforrn wim applicable drawings, specificadom, samples and/or other deacriptiom given, will he f1 Tot he Proposes intended, and peRommed with the highest degree of cart and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the pumbamr hammles, fmm any loss, damage or expense which the Purchaser may sufferer crew on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the pumhwer, any defects or faults arising within one (1) year or within such longer penal of time ns may be prescribed by law or by the terms ofany applicable wonunry provided by the Seller our, be date of ceeptance of the good finished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not ortitule a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages preximately caused by that breach of any of the for<gping woommics ar guarantees, but such liability shall in no event include loss ofprofisl 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 1st legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tarns, office than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. 11any such change affects the amount due or the line of performance hereunder, air equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change omen, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable m ijosur m between the panics as to any work or materials then in pmgn ss provided mat me Purchaser shall not to liable for any claims for anticipated pmGn on the uncompleted portion onhe good not work, for incidental or consequential damages, and that an such appropriator be made in frivol cf the Setter with respect to may good which are he Sellers standard stock. No such temmmtio. shall police the Purchaser or me Seller story of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within miry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that ail good sold hereunder shall have been produced, and, delivered and famished in direct compliance with all applicable law, and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be requited in effect or evidence compliance. All laws and regulations radical to be incorporated in agreements of this character are hereby incoryamted herein by this reference. The Seller agrees in indemnify and bold me paraddepa harmless fur at tests and damages suffered by the pwchaur as a mull of Roe Sellers failure on comply with such law. 9. ASSIGNMENT. Neither parry shall assign, branster, or canvey this coder, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller worronts full, clear and unrestricted title to me Purchaser for all equipment, rrulmals, anti items famished in performance of mis repeaters, free and clear of any and all lints, resuictiom, reservations, security interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the users and conditions, heeaf. failure or delay to excesixt my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller Of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof., any of its rights or remedies as to any such golfs, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of rise terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in actual m is practice, o eehmgc resulting form it.' violations are in f Theretofore, t home by the Purcho er. eretfore o, four good cause said as exmidemtion for executing this purchase order, the Seller hereby midges in the Purchase any and all claims it may now have at hereafter acquired under federal or state contrast laws for such overcharges relining 10 the particular goods Or services purchased or acquiml by the Purchaser pursuant to this purchase order. 13, PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Selkn and the Seller thereafter indicates its inability or unwillingness to comply, rate Purchaer may cause the work so be performed by the most re,dilmus means available to it, and the Seller shall pay all costs suspected with such work. The Seller shall release be Purchaser and its m.i.e. of any tier fan all liability and claims of my .more resulting final the pafmmance winter work. This release shall apply wen in the or of fault of negligence of the pan, released vnd shall armed m the directors, officers and employees f,.eh pray. The Settees cantmcbml obligations, including warranty, shall not be deemed to b, 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 lever, potent, trademark or copyright, the Seller shall indemnify and save harmless the Purchma fmm any and all claims for Indictment by reason of the use of such Formed design, device, material or process in connection with rate 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 oiler she completion of the work. In case staid equipment, m any pact therm( or the intended use of the goods, is in such suit held to rensritute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own It.,. and at its option either procure fur the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mainhinging. 15. BJSOLVENCY. If the Seller shell become insolvent or bankrupt, make nil assignment for the bereft of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this aide, may fpdhwim be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definite, oftemu used or the ialmorma lion offle agreement and the rights wall Pasties hereunder shall be cortsbued under and governed by the laps, of be Spite ofCulomdo, USA. The following Additions[ Candidates apply only in cases where the Sella is to perform wok hereunder, including me sluices of Sellers Represenelive(s), oa the p.isa owdead. IZ SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellefs own risk until he same is fully completed and ..,red, and shall, in se of any accilad, destruction or injury to the work and., materials before Seller's for.[ completion and acceptance, complete the work or Sellers own expense and to the satisfaction of me Proxmire. When materials and equipment arc famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mi equipment were being fumishcd by the Sella under me order. IS. INSURANCE. The Sella shall, or his own capers, provide for the p r prod of workers cotnparrowen, including occupational disease benefits, to its employees employed on or in connection with flat work covered by this purchase order, and/or to their dependents in accordance with the laws of the spite in which the work is to be done. The Seller shall a6o carry comprehensive general liability including, but not limited to, continental and automobile public liability insurance with bodily injury and death tinier of at least S300,000 for any one Person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his tworacmrs, if any, to provide for such camper crom and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cemfonte that such compensation and insurance lave been provided Such companies; shall specify the date when such compensation and insurance have been provided Such certifiewas shall specify, the date when such compensation and insurance expires. The Seller agrees the, such compensation and insurance shall be mainainW until after the attire wok s completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumc the entire responsibility and liability for any and all damage, loss of injury ofany kind or nature wharsover to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold members the Purchaser and any r ail of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons Or property to which the Purchaser may he put or subject by reason of my car, action, neglect omission or default on the pad of the Sell,, any of his contractors, or any of the Sellers or contractors .Biceps, agents or employees. In cast any suit or whir proceedings shall be brought against the Purchava, or its officers, agents W employees ar any time on accowl or by reason of any net, whom neglect, omission or default of he Seller of any of his contractors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend he sane at she Sellers own expense, to pay any and all casts, charges, anomeys fees and.her expemes any and all judgments that may be incurred by or obtained against he Faehaser or any of its or heir 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 Purchaser, or said patties in or as a result of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or athervat The Seller and his contractors shall take all safety precautions, famish and iasell all guard processor, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulatiors issued pursnam thereto. Revised 03l2010