HomeMy WebLinkAbout540197 NORTHWESTERN RAILROAD CONSTRUCTION INC - PURCHASE ORDER - 9144215PO
PURCHASE ORDER 9144215 Page
City of PURCHASE
44215 ' of 2
' `tCollinsr This number must appear
` V on all invoices, packing
sli s and labels.
Date: 07/24/2014
Vendor: 540197 Ship To: STREETS DEPARTMENT
NORTHWESTERN RAILROAD CONSTRUCTION INC CITY OF FORT COLLINS
7480 JOHNSON DR 625 NINTH STREET
FREDERICK CO 80504 FORT COLLINS CO 80524
Delivery Date: 07/23/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I SPUR RAIL REPAIR
Per proposal dated 7-14-14
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
11,600.00
Pay terms net 30 days
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 statute the City of Fan Collins is exempt form sate and local ..as Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenifirge of Bri ig, 84-6000587 is re,stertd with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Standen 1973, Chapter 39-26, 114 ou
GO.& Rejected, GOODS REJECTED due I. ailure to .,or specificatiom, either when shipped or due m defcob of
damage in transit, may be reamed to you for dedit aM are not to be replied except upon receipt of writen
instructions from the City offers Collins.
Inspection. GOODS art subject In he City offing Collins itapamet on arrival.
Final Aueptance. Receipt of the merchandise, services nsequipment in respoe to this order can result in
authorized payment on ere part of oa Ciry of Tom Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent upon mmplaion of all applicable aquiad inspection procedures.
Freight Tomas, Shipments must be L.O.B., City of Von Collins, 000 Wood Sr, Fan Collins, CO 80522, unless
otherwise specified on [as order. Ifpemission is given to prepay height and charge separately, the odgial freight
bill most accompany invoice. Additional charges for pxking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in van us pans of the country, shipment is
expected from the nearest distribution point to datiation, and excess freight will be dductd from Invoice when
shipments sate made from greater dlsance.
Permits. Seller shall prame at sabers sole coal all na., permits, certificates and Ian. requited by all
applicable laws, regulations, on ironsa and rules of the safe, municipality, tannery or political subdivision where
the work is performed, or required by any other duly compared public authority havingjuoaliction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless form and agaimr all liability end loss
ed by that, by man of an asserted Or established violation of any such laws, regulations, ordinances, ales
andtoeta so
requirements.
Authorization All parties to this contact agree that the reprosm ativa are, in fact, bean fide and possess full and
amplem authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions armed
herein set forth and any supplementary or additional tams and conditions annexed herein or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller are objected to ad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your
promised delivery data as noted. Time is of the essence. Delivery and permanence must be ,fleeted within the time
sated on the purchase order and the documents alached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpzrsial late deliveries, shall agape as a waiver of this provision. In the event ofmy delay,
Use Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damaget. However, dhe Seller shall not be liable for damages as a rauh of delays
due to anuses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such nets of God, as nfciA[ or millary ind omies, govermnental priorities, fires, strikes, flood, epidemics, wars or
rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof In the went of any such delay, the dam of delivery shall In
extended for the peril and to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, anicla, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit far the pfirpoics intended, and
performed with the highest degree of an and competence in accordance with mcepdd saManls for work of a
similar amre. The Seller agrees to hold the purthase, hmmless from any loss, damage or expense which the
Purehuer may sufferer incur on account of the Sellers breach of wamnry. The Sclar shall replace, repair or make
good, without cod to the purchase,, any defects or final's arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or matmals Snowball by the Seller. Acceptance or use of goods by the Purchaser shall nod
constitute a waiver of any claim order this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximally caused by the breach of any of the foregoing wammm,
or gmdmmes, but such liability shall in net even, include loss of pmlils or loss Of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchnser duty make changes to legal terms by woman change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than lop 1 toms, including additions to or deletions from
me quantities originally ordered in the specifications or drawings, by verbal or wri en change order. If any such
change affects the amount due or the time ofpe fingre ay hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may 1 any dime by written change ardeq temdinme this agreement as many or all portions of tha
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials than in
progress provided that the Purchaser shall not no liable for any get— for anticipated foods on the uncomplad
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 as any goods which art the Sellers standard stock. No such tondienion shall relieve
the Purchaser or the Seller of any of their obligations as to any, guards delivered hereunder.
I. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be teamed within a uy (30) days fmm the date the change Or remaining is
odered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
antiphon. with all ,"liable taws and regulations, to which the goods are subject. The Sella shall execute papa
deliver such documents as may be requiml to effect or evidence compliance. All Ixws and regulations required to be
incorporated a agreements of this character are hereby incorporated herein by this reference. The Sella agree to
indemnify and hold the Purchaser hmmlow from all costs and damages suffered by the Purchaer an a result of the
Sellers Oilde to comply with such law.
9. ASSIGNMENT.
Neither parry, shall aal transfer, or convey this order, or any monies due or is, become due hereunder without the
prior written consent of the other party.
10, TITLE,
The Sella vestments FOR, clear ad unrestricted title to the Purchased for all equipment. naterids, and items famished
in performance of this agrtemens, free and dear of any and all liens, resmetions, resrnations, mounry interest
encumbmaes and claims ofathers.
11. NONWAIVER.
Fvlure of the Purchaser to insist upon strict perfonance of the rme and conditions hereof, ail. or delay to
exisany rights or ra Below provided herein or by law, failure in promptly notify the Seller in the event of a
branch ,the acceptance ofor payment for goads hereunder or approval of the design, shall not releae the Seller of
any of the warranties or obligations of this Lording, order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or comedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereader,.wr. shall any purported
oral modification m rescission of this purchase order by the Purchaser operae, as a wawa of any of Use terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purthma recognize far in acmal economic prdaice, overcharges resulting from antitrust
violations arc in fact borne by the Purchaser. Theretofore, for good ,sale and as consideration for executing this
purchase or the Seller hereby assigns to the Puchaer any and all claims it may now have or hereaMr
acquired under federal or sale aminust laws for such overcharges relating to the particular goods Or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaver directs the Seller to radical nonconf ing Or defettive goods by a date to Is, agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Pumbua
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Poindexter and its contractors of any tier from all liability and claims of my nature
resulting form the peffomance of adr work.
This release shall may even in [M1e even, of fault of negligence of the any released and shall extend no the
director, omcers and employees of such party.
The Seller's condooda obligations, including warranty, shall not be decimal to be reduced, w my way, baaue
such work is pert ed or caused to be performed by the Purchssa.
14. PATENTS.
Velma eel the Seller is required to etc any daid, device, manorial or process covered by later, Patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any ad all claims for infringement
by teawn of the ase of such patented design, device, material or process in connection with the contact, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by deal on of such
inGngement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any part thereof or the Intended ave Of the goods, u la such suit held at curulimte minuteman and the use of
said equipment or part is joined, the Seller shall, at its own expense and at its option, either provide for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially aloof but
rmninGnging equipment, or modify it so it becomes noninfromparg.
15. INSOLVENCY.
If the Seller shall became insavend or benartpt, make an assignment for the benefit of creditors, appoint a
or mute, far any of the Sellers propene a business, this order may anhwith he canceled by the
Pnuehasa without liability.
16. GOVERNING LAW.
The definitions ofterrs used or the imetpreati nt ortha.... mail and he rights of all ponies hereunder mall be
onsbued under and governed by the laws of the Sate of Colorado, USA.
The following Additional Cor l .. apply oply in cue where to Sella is 10 perform work hereunder,
including ere serices of Sellers Represenarive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers awn disk aril the same is fully completed and accepted, park shall,
in ase of any accident, dametion or injury to the work and/or materials bef Sellers final completion and
acceptance, complete use work at Sellers own expaax and to the sarisactian of the Purchaser. When mmeriak
and equipment are Famished by others for installation or motion by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being Nmished by the Seller m or the order.
18. INSURANCE_
The Sella shill, at his roan expense, provide far the payment of worker compensation, including Occupational
disease benefits, to its employers employed on or in end a ncir with the work coveted by this purchase order,
and/or to their dependents in accordance with the laws Of the sate in which the work B to be done. The Seller
shall also curry comprehensive general liability including, bur not limited m, contractual and automobile public
liability insurance wnh bodily injury and dean limits orat least 5300,000 for any one boson, 5500,000 far any
one accident and property damage limit per accident of S400.". The Sella shall likewise slain, his
if any, to provide for such compensation and insur. Before any ofthe Sellers or his contmmnrs
employees shall do any work upon the premises of odors, the Seller shall Ravish the Purchaser with a certificate
that such compass n and insurance have been provided. Such cati0cias shall specify the date when such
compensation and iaurance have been provided Such ca ficmes shall specify the date about such compensation
and announce expires. The Seller agrees Had such cour exsation add insurance shall be maintained until after the
entire work is completed grad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby commas the entire responsibility and liability for any and at I damage, loss or injury of any kind
r arum whatsoever to persons or property raped by or resulting from the execution ofae work provided for in
this purchase order or in comeetion herewith. The Sella will indemnify and hold hmmlea the Purcluser and my
r all of the purchasers omcers, agents and employees from and agaimr any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether a person or property to which the Purchase may
Ina, put or subject by reason of any act, action, neglect, amission of default on the pan of the Seller any of his
onlmdon, or my of the Sellers or contmdors omcers, agents or employers 1n orge any suit or offer
procedings shall M bought against the Promised, or its officers, agents or employees in my time on account or
by ream, of any ser. action. neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m
defend the same or the Sailers own expense, to pay any and all corns, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or abound aping the Purchaser or any of its or their officers,
agents or employces in such suits or other procedings, am1 in case judgment or other lien be placed upon or
obaind apinst the Impurity ofthe Purchaser, or said parties m m as. result of such suits or other proceeding,
the Sella will or onre cause the same to M dissolved and dischad d by giving bald or otherwise. The Sella and
his contractors shall rake all safety precautions, famish and imall all guards necessary for the Invocation of
accidents, comply with all laws and neg'ulmlom with regard to safety including, but without limitation, the
Occupatimml Safety and Health Act of 1970 and all toles and regulations issued punuanr thereto.
Revised 072014