HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 3214404Fort Collins
Date: 07/24/2014
PURCHASE ORDER
PO Number Page
3214404 loft
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 180828
Ship To:
TRAFFIC OPERATIONS
COLORADO BORING
CITY OF FORT COLLINS
ATTN: JOHN JACOBS
626 LINDEN STREET
3813 CANAL DR
FORT COLLINS CO 80524
FORT COLLINS CO 80524
Delivery Date: 07/03/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
UOM Unit Price
Extended
Ordered
Price
Boring Services
1 LOT
LS
50,000.00
Annual
PER TERMS AND CONDITIONS OF BID 7546
l' ',IFS.
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By same the City of Fort Collins is exempt from state and local taxes. Our Exemption Number e,
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of
Failure of the Purchaser to insist upon strict Performance of the teethe and conditions hereof, failure or delay to
Interim[ Revenue, Denver, Colorado (Ref. Colorado Revised Stores 1973, Chapter 39-26, 114 (a).
exercise any rights or mmedics provided herein or by law, failure to promptly notify the Seller in the event of a
mai the -cup.— of or payment far gmLs bercunder or approval offs deign, shall not release the Sella of
Goods Related. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
MY of the wariamies or dNigai. cribs purchase order oral shall awl be, deemed a waiver of any right of the
damage in transit, may be reamed to you for credit and art not to be replaced'mq a upon receipt of woom
purebaur to lmiu upon strict performance hamfor any of its rights at remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of what shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purposed
oral modification err reuissisen of this purchase order by ,he Purcbsser operate as a waiver of any of the m.
Inspection. GOODS am soften to the City ofFort Collins inspection on moved,
hereof _
Final Acceptance. Receipt of the merchandise, strikes; or equipment in response 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 uadamood that FINAL
Sella aod the Purehaur recognize Out in actual exa is Pmclicr, overcharges resulting from mtiuna
ACCEPTANCE is dependent upon completion ofall applicable requirN inspection procedures.
violations me in fact fame by the Purchaer. Thamti fooe, four good ante and as considernion for executing this
purchase order, the Seller hereby assigns m the Pumhmer any mJ all claims it may now have or hereafter
Freight Teats. Shipments muss M F.O.B.. City of Pon Collins, 100 Wood St, Fort Collins, CO 80522, unless
acquired under federal or sate antitrust laws far such overcharges tried., b the perfect. goads or unice
otherwise specified on this under. If permission is given an prepay freigh and change separately, the original freight
purchased or inquired by the Purchaer p.am, t. this purchase coda,
bill most accompany mmnies. Additional charge for pecking will not to accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Where manufacturers have distributingformse.c in as pens the shipment is
ell the Seller w comes ader nedicamg or debility goods by to be agreed upon by the
teDistance.
paint to destination, mJ excess freight will be deduced from Invoice wM1rn
from re d from.
expected from the nearest Poi
irWiate its nobility m unwillingness to comply, the PmCM1ma
Purchaser gness
aser and the
Puuhause mJ the Sella, and rho Sellerbroaderthe
rmer diitn
shipments are made from grata distance
may muse the work to be performed by the most expedi,ious means mailable to ir, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary, permits, cafficats and liaises required by all
applicable laws, regulaiom, ordinances and mis of the state, municipality, larmory or political subdivision where
the work is fabricated, or required by my other duly mmtimted public authority loving jurisdiction over the work
of vendor. Seller father agree to hold the City of Fon Collins hamoles from and against all liability and loss
incurred by them by rtasmr of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All parties to this contract agree that the mpmuntalives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the moms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or different rams and conditions P,Opawd by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN I' immediately it you cannot make complete shipment to arrive on or
promised delivery date as noted Tim, is of the axmna. Delivery and performance must be effected within the time
stated on the purchase order and the ducu1, attached hereto. NO acts of the Purehmas including, without
limitation, acceptance of partial late deliveries, shill oparm as a waiver Of this provision. In the event of airy delay,
the Purchaser shot[ 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 shell or be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable mntml and without its fault of negligence,
such acts ofGod, was of civil or at fray authorities, governmental priming, fires, strikes. Rood, epidemics, wars or
nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seiler fire received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actual ly lost by reason of the delay.
3. WARRANTY,
The Sella warrants that all goods articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples anNm other descriptiom Risen, will be fit for she pu earms intended, and
Performed with the highest degree of care and competence in accordance with acttpted standards for work of a
similar mime. The Seller agrees to hold the purchaser harmiss from my loss, damage or expense which fie
Purchaser may sulfur or incur on account of the Sellers breach of warrmary. The Sella shall replace, repair or make
good, without cost to the purchaser, my defects or faults easing within one (1) year or within such longer period of
rime m trey be prescribed by law or by the rams of my applicable warrwry provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptamx rat to be ...My delayed), resulting from imperfect
or defective work done or materials th andial by the Sella. Acceptance or ore of goods by the Pumisaa shall not
anatimte a waiver of any claim under this warmnry. Except as otherwise provided in this purchse order, the Sellers
liability bercunder shall extend as all damage proximately caused by the breach of any of the foregoing wanaaaie
or guarantees, but such liability shall in ro event include loss of profits or loss of ase. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Parchment t may make changes m legal terra by woman change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make any changes to the ram¢, dher than legal rams, including additi.ns to or dek pions from
the qumou..rigmally ordered in the mnsificmions or drawings, by verbal o n change order. If my such
change affects the amount due or the time ofperformma hereunder, an equitable adjusament shall be made.
6.TERMINATIONS.
The purchaser may al any time by written change order, mnninam Nis agreement as to any or ill Famous of the
goods when not shipped, subject a any equitable adjustment between she panda as no any work or mammals then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods anther work, for inciJenml or consequential damages, and that no such adjustment be made in
favor of the Sella with respect to any goods which am the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations m to any grads delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for ad it meal all be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
'Me Seller warrants that all goods sold bercunder shall have been produced, sold, delivered and mmished in strict
compliance wim all applicable laws and regulations to which the goods are subject 11e Seller shot[ we m e and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
hcoryomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hominess from all costs and damages suffered by the 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 written common of the other party.
10. TITLE.
The Seller warrants full, clear and unmancted title to the Purchaser for all equipment, materials, and items f ishM
in performances, of this agreement, f and clear of any and all limas, restrictions, reservations, secmiry interest
mmmbmncs and claims ofothms.
The Seller shall release the Purchaer and its mmmetors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This releme shall apply even in the event of fault of negligence of the party released and shall extend in the
direaro s, officers and employees of such party.
The Seller's contactual 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 Purchaer from any and all claims for infringement
by reams of the use of inch patented design, device, material or pmecas in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the powarlunt or alter the cumplefun of the work. In eau said equipment, or
My an thereof or she intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or par is enjoined, she Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue noing said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or much fy it sat it baumes maninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt. make an assignment for the benefit of creditors, Manor a
receiver Or trnstee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The di fnitium ofmms used or the interpretation of the agreement and the rights of all parties hereunder shall be
anum al unda and Emanned by the laws f,ha Sam i fC.1mado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repreunmtive(s), on the premiss of others.
IZ SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sella's own ask until the same is fully completed aM accepted, and shall,
in u of my accident, dsnuc6on or injury In the work andNor nutenals before Seller's final completion and
acceptance. complete the work at Sellers own expense and to the swished. of the Purchaser. When materials
and at,. are famished by .,has for installation or erection by the Seller, the Sella shall receive, reload,
.am and handle same at the see and become napemiblo therefor as thagh such materials -We, ryuipmmt
were being fmslrcd by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense. provide for the payment of wmk m computation, including occupational
disease benefi...... employees employed on or in correction with the woh covered by this purchase order,
andor to their dependents in accordance wit the laws of the sae in which the work is in be, done. The Seller
shall also entry comprehensive gmeml liability including• but not limited to, contractual and amorrobile public
liability iowumnce with bodily injury and death limits of or least S oin.Wp for any ova person, 5500,000 for any
One accident and property damage limit per accident of Stiff.". The Seller shill likewise require his
if any, to provide for such com,mminion and insurance. Before any of the Sellers or his commetoro
employees shall do any work upon the premises of others, the Seller that famish the Purchaser with a certificale
that such compensation and insurance have been provided. Such cenircmes shall many the date when such
compensation and insurance have ban provided. Such cenifeams shall specify the dam when such compensation
and insurance expire. The Seller agrees that such compensation and insurance shall ha mainuined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire meponsibiliry and liability for any and all damage, loss or injury artery kind
r nature whatsoever to persons or pmperry caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaer and any
r all of the Purchasers oRc na, agents and employees from and mount my and all claims, losses, damage,
charges 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 any suit Or other
proceedings shall be brought against the Purchaser, or its Officers, agents or employees at any time on weemom or
by reason of mry act, action, neglect, omission Or default of the Seller of any of his contractors or any of in or
door m1mers, agents or employes as aforesaid, the Seller hereby agrees to resume the defense thereof and to
defend the mine at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaer or my of its or their 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 mid panics in or as a vault ofsuch suits or other pmceedinge,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his conmdars shall take all safety Precautions, famish mod install all guard nmecury far the prevention of
cordons, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act Of 1970 and all miss and regulations issued pursuant ahereto,
Revised 0112014