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HomeMy WebLinkAbout524763 JUB ENGINEERS INC - PURCHASE ORDER - 9143939Fort Collins Date: 07/15/2014 Vendor: 524763 J U B ENGINEERS INC 3538 JFK PARKWAY, STE 1 FORT COLLINS CO 80526 PURCHASE ORDER PO Number Page 9143939 loft This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 07/14/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Arthur Ditch-Oak/Olive/Canyon Phase II Engineering Portion per terms and conmditions of bid 7525 Arthur Ditch Bridge Replacement and agreement dated 6-19-14 2 Arthur Ditch-Oak/Olive/Canyon Operation Services portion 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 1 LOT LS 1 LOT EA 85,307.38 27,309.92 17.30 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. COMMERCIN,DETAILS. Tax exemptions. By statute the City of Fort Collins u exempt from store and local uses. Our Exemption Nom er is I L NONWAIVER. 98-N502. Finical Excise Tax Exemption Certificate of Registry 84-60010587 is regis a xi wall the Collector of Failure of the Purchaser to insist upon strict peRormance ofthe teats and conditions hereof. failure or delay to Internal Revenue, Deaver, Colorado (Ref. Coloado Revised Sodium 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by has, failure to promptly notify the Sella in the event of a breach, the accepmnce afar payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, elder when shipped or due to detects of any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of any right of the damage in transit, may be retumM to you for credit and are cot to he replaced except upon receipt of written pmchsser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions f the City OfFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereumk,, nor shall my purported oaf modification or rescission of this purchase oNer by the Purchaser operate as a waiver of any of me teats Inspection. GOODS are subject to the City affect Collins inspection on arrival, beam. r Final Acceptance. Receipt of the merchandise, services or equipment in response 1. his order can emit in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Foe Collins. However, it is to he understood that FINAL Seller and the Parrhaer recogn¢e that in actual economic practice, overcharges resulting tram antitrust up ACCEPTANCE is dependent on completion of alapp l licable requiml inspection procedures- violations are e P in fact home by thmchsser. Theretofore, fogood cause and as consideration for executing this purchase older, the Seller hereby cosigns to the Purchaser any and all claims it may now have or became, Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless supired under federal or sole antitrust laws for such overcharges relating to the particular goads or services mhersk, specified on this aide,. Ifp immia on is given to prepay freight and charge separately, the original freight purchased or acquired by the PureM1mer pursca n to this purchase order. bill most accompany invoice. Addnarrl charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment haredtsfbuningpe acceen,ss various Was country, me n debility goods byadate to bevgreeduponbythe and amertmanumctutai dof educed lovescew from the neartst distribution point to destination, and exam freight will be JNudN from Invoice wM1m an Purchaserhe Purchaser me Salto and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser the Sc,mcdthermco,mnrtoer indicates its sM1ipments are made from greater distance. shipments may came the work to be by the most expeditious means available ,o it, and the Seller shall pay all orfnncd wss associated with such wort. Permits. Seller shall procure at sellers sole cost all necessary pem:in, certificates and Ilcemes required by all applicable laws, rcgulmiom, ordinances all rules of me state, municipalay. bloome or political subdivision where the work is performed, or required by any other duly mentioned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmlm from and against all liability and loss red by drum by reason of an assned or established violation of any such laws, regulations, ordinances, roles incurred requirements. Authorisation All panics an this contract agree that me representatives are, in fact, bona fide and possess full and complete amM1ony to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein sec forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposd by seller are objected to and hereby repaired. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date us noted. Time is of the contra. Delivery and performance must be effected within the time sorted an the purchase order and the documents rushed been. No se. of the Pullovers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event alone delay, the Purchsscr shall have. in addition to ether legal and equitable remedies, the option of placing this Older elsewhere and holding the Seller liable for outages. Dissever, the Seller shall .1 be liable for darcugs, as a result of delays due to causes not eta Crumbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGcd, acts of civil or military authon,ies, govemmenml priorities, fires, strikes, flood, epidemics, wars or noes provided that notice of the condltiuns causing such delay is given a the Purchaser within five (5) days of the time when me Seller lire, received knowledge thereof. In the even of any such delay, the ate of delivery shall be extended for the period equal to me time actually last by reason of me delay. 3. WARRANTY. The Seller warrants than all goods, articles, materials and work coxeme by this oNer will conform with applicable dmem,s, specifications, samples an&., other deserfames 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 -mile nature. The Seller agrees to hold me purchaser aerobics form any loss, damage or expaue which the PurcM1asa may suffer or incur on account of the Sellers breach of aananry. The Seller shall replace, repair or make good, without cost to the purchaser, any defeces or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after 'he date of acceptance of me goal' fmishN hereunder (accepmnce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by m, Seller. Acceptance or use of goal by me Purchaser shall not common, a waiver of any claim under this warranty. Eacep, as otheradse pmvidd in this purchase We, me Sellers liability himma der shall extend to all damages proximately aced by the breach of any of the f going xumuiio or guarantees, bur such liability shall in no even, include loss oTrafits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILI'I Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4_ CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal norm by weinen change order. 5. CIIANDES IN COMMERCIAL TERMS. The Purchme, may make any, changes U, the tears, mher then legal tenors, including additions to or derinu:s from the quanctic,, originally ordered in ,be speeinations or dmw'ingf, by verbal or verinen change Order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Punhaser may at any time by wr out change order. terminate this agreement as to any or all per ions of the gouda then no, shipped, subject to any equiable adjust a, between the parties as to any .,it or materials then in pmgeds provided ton the Purchase, shall not be liable far any claims far antaipmed profits an the uncompleted portion of the goods mul work, for incidental or comequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sella standard stook. No such nomination shall relieve the Purchase or the Seller ofany of their obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned whom thirty (30) days from me ate the change or recantation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver Such documents as may be required to effect or evidence compliance. All laws and regulations requlyd to be ncoryorated in agrocr s of this thamter are hertby incorporated herein by this reference. The Seller agrees to indemnify and bold me Purchaser harmlm f tell over, and danagas mfTered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, transfer, or convey this order, or any morn due or to become due hereunder without ,he prim written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I campanili, materials, and items furnished in performance of this agreement, free and at. Of any and all liens, restrictions, reservatiore, security interest eswumbunce and claims ofothers. The Seller shall release the PureM1mer and its contactor, of any tier film all liability and chins of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of me party released and shall extend to the directors, office, sad employees of such Party. The Sellels commcwal obligations, including wananry, shall not be deemed to be removed, in any way, because such work is perfomtN or atxsed to he penbemed by are Purchaser. 14. PATENTS. Whenever the Seller is requires) to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless me Pmrchaser form any and all claims for infringement by reason of the use of such patented design, device, material or proem in connection with the contract, and shall indemnify the Purchaser for any cost, expense or outage which a may be obliged an pay by rtsson of such infringement at any time during the prosecution err after the completion of the work. In case said equipment, or any pan thereof or the intended use of the .ouch, is in such suit held to exuarmte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the eight to continue using said equipment or pans, replace the same with substantially equal but maninfnnging equipmem, or modify it so, it becomes caminfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, 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 anreld by the Producer without liability. 16. GOVERNING LAW. The definitions of eerm used or the interpretation of the agreement and the rights of all penis, hereunder shall be continued under and gaveled by the laws ofthe State of Colonalo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, huff dmg the services afSellers Represenutive(s), on the premises mi'ma s. 17. SELLERS RESPONSIBILITY. The Sell., shall carry oa lead walk at Seller's an ask until the sane is fully completed and accepted, and sM1all, in se of any accident, destruction or injury, to the work andtor materials before Seller's final completion and acceptance, complete the work at Severs own expense and to the satisfaction of the Purchaser. When matured, laW equipment an, f ishd by others for insulation m erection by me Seller, me Sella shall receive. unload, store and handle same at the, site and became responsible therefor as though such materials andror equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expertst, provide for me payment i f workers compenation, including occupe,iorul druvre benefits, to its employees employed on or in connection with the work coved by this purchase order, and'or to their dependents in accordance with the laws of the state in which the work is to be, done. The Seller shall aim cant' comprehensive general liability including. but not limi,d to, contactual and automobile public liability insurance with bodily injury lard death limns of m least Somme) for any one person SSaga00 for any one clinical and property damage limit per incident of 5400,000. The Seller shall likewise r,nice his antmclors, if any. so provide for such compema on and insurance. Before any of me Sellers or his cruntractors, employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ce tifiate the such cnmpenearam and insurance have been provided. Such certificates shall specify the date when such ompenmtion and insurance have been provided. Such cenificaaes shall specify the date when such compensation laid insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completd and acceptN. I9. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all amage, loss or injury of my kind r nature whatsoever o persans or property caused by or resulting from the execution aline work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold bamless the Purchaser and any cr all of me Perchums officers, agents and employees from and agaimt any and all claims, loses, damages, harges or expenses, whether direct to indirect, and avhemer to persons or property 1. which me Parchssa may be put or subject by reason of any act, action, neglect, omission or default on me pan of me Seller, any of his contractors, or any of the Sellers or contractors ofvicers, agents or employees. In case any soil at other proceedings shill be brought against he Purchaser, or its officers, agents or employees at any time an account or by reason of any Oct. action, neglm, omission or default of the Seller of any of his contactors or any of its or them officers, agents or employees as aforesaid, me Seller hereby agues to assume me defense thereof and or defend the come at the Sellers awn expense. to Pay any mal all costs, charges. aria.,, fees anal other expect may and all judgments that may be bourM by or obtained against me Purchaser or any of its or their oRvers, 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 parties in of as a Emu of such sic, or now, proceedings, the Seller will at once cause the mute to be dissolved and dischergd by giving bond or otherwise. The Seller and his contractors shall brie all safety precautions, f ish and install all guava necessary 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 regulations issued pursuant memo. Revised 03/2010