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HomeMy WebLinkAbout486984 LAYNE INLINER LLC - PURCHASE ORDER - 9144244Fort Collins Date: 07/25/2014 Vendor: 486984 LAYNE INLINER LLC 7915 CHERRYWOOD LOOP KIOWA CO 80117 PURCHASE ORDER PO Number Page 9144244 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/2512014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price COFC P-7106 CURED IN -PLACE 1 LOT LS 598,349.00 PIPE SANITARY SEWERS PER PROPOSAL DATED JUNE 30, 2014 7106 Cured in Place Sanitary Stormwater Mains Rehabilitation 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.mm Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm sure fist, local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Ceni loge of Registry 84-6000587 is registered with tM Collector of Failure of the Purchaser to insist upon inner perfaammce of the temts and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Commit Raised Staves 1973, Chapter 39-26. 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in Ne event of a breach, the eccepmnce of or payment for goods hereunder or approval of me design. shall not release me Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wartantia or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed k yet, for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance heoofor any of its rights or remedies as to any such goofs, regardless instructions from the City of Fan Collins of when shipped, treated or accepted, as to any prior or subsequent default hereunder, not shall any puffamed oral nndifcanlon or rescission of this purchase order by Ne Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on ancient. hereof. Fired Acceptance. Receipt of the merchandise, acy,ree, or equipment in response to this order can ¢suit in 12, ASSIGNMENT OF ANTITRUST CLAIMS. afingimd payment on the pan of the City of Fiat Collins. However, it is to be mderslWd that FINAL Seiler and the Purchaser, recognik, that in actual aromatic practice o nchargn resulting from cannot ACCE,PTANCEis depeMem upon completionofall applicable"aired inspection procedures. violations me in fact home by the Purchucr. Thevofse, for good cause and as consideration for according this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may new have or broader Freight Terms. Shipment must be F.O.U., City of Fon Collins, 700 Wand St., Fon Collins, CO 80522. unless m'quired under federal or saw mrimnt laws for such mcrchmges relating to the Particular goods or scnica mhesise specified oa this order. If pemtissom is given to prepay freight and charge separately, the original freight purchased or enquired by the Purchaser pursuant go this purchase orda. bill must accompany holier. Additional charges for parking will not be axopted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various µ its of the country, shipment is Ifthe Purchasa directs the Seller to extrat nonconforming or defective goods by a date to be ageed upon by the expected from the nearest distribution .,at 1. destination, and excess freight will be deducted from Invoice when Purchica r and the Seller, andthe Seller thereafter indicates its inability orunwillinguess to comply, the Purchases shipments are made from greatof distance, may cause the work to be performed by the most expeditions means available to i1, and the Seller shall pay, all costs associated with such work. Permit. Seller shall procure at sellers sole cast all nmesssry permits, cenifmtes and licenses required by all applicable laws, regulations, ordinancesand roles of the same, municipality, recrimry to political subdivision where the work is Performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fonder, comes In hold the City of Fon Collins harmless from end against all liability and loss incurred by them by mason of an accrued or established violation of any such laws. regulations, ordinances, mles .it requirements. Authorimrims All parties to this mntraet agree that the representatives art, in fact, bow fide and possess full aM complete authority to bind said parries. LIMITATION OF TERMS. This PurcRsse Order expressly limits acceptance to the tarots and conditions stated herein so forth and any supplementary or additional omu and conditions annexed hereto or incorporated herein by reference. Any additional or different tens and conditions proposed by seller me objected to end hereby rejored. 2. DELIVERY. PLEASE ADVISE PURCI IASING AG17N'I' immediately if you corm make ample, shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time aimed no the purchase order and flee documents attached hereto. No acts of the Probasen including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the purchaser shall have, in mldilion to other legal and equitable comedies, the option of placing this order elsewhere mM holding the Seller liable for kine,cs. However, the Seller dull act be liable far damage as a result of delay, due to muses not reawrmbly foreseeable which arc beyond its reasonable cannot and without its fault ofnegligrnce, such rats of Gad, acts of civil or military aathontia, governmental priorities, fires, strikes. Bond, epidemics, wars or Hors provided that active of the conditions catering such delay is given in the Paileaser within five (5) days of the time when the Seller first received knowledge Hereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, speeifmtiona, samples andlor other descriptions given, will be to for 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 purchaser hermaless from any loss, damage or expense which Ne Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make goal without cot to the purchaser, any defects or faults arising within one (1) year or within such longer pedod of time as may be prescribed by law or by the terms agency applicable warenty provided by the Seller after the date of acceptance ofthe goods f ished hereunder (acceptance not in be urueasombly delayed). resulting from impesfmt or defective work done of mareriaB fumishtJ by me Seller. Acceptance W use of grads by the Purchaser shall not comtimfe a waiver ofmy claim under this warranty. Except as omerwike provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately ranked by the breach of any of the foregoing w'armnties or gnamnttts, but such liability shall in no event include loss ofpmfis fir loss offuse, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY, 4. C14ANGES IN LEGAL TERMS. The Turebaser may make changes to legal tens by variant change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal forma, including additions to or deletions fmm the quantities orquardly ordain in the specifications or drawings, by verbal or woolen change order. If any such change affects the amount due or the lima of performance hereunder, an equitable adjotmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this mounter as to my in all portions of the goods then not shipped, subject to my equitable adjustment bargain the Panic in to my work or rearica d, then in progress provided that the Purcbasm shot] nor be liable for my claims for anticipated profits on Ne uncompleted portion of the goods anNor work, for incidental or consequential damages, and that no such adjustment be made in to—, of the Seller with respeo to any goods which are the Sellers standard alrek. No such..,.... shall reline the Purchaser or the Seller ofany of their obligations aw m my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the Jam the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller werrmts that all goods sold hereuuder sledI lave been produced, aald, delivered and firmished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be topical to effect a evidence compliance. All laws and regulauos required to be incorporated in agreements of this character are hereby incoryoved herein by this reference. The Seller agrees to indemnify and hold me Purchaser harmless from all costs and damages sulfaed by the Purchaser as a result of me 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 wrinen consent ofthe other puny. 10. TITLE. The Seller warrants full, clear and unrestricted tine to the Purchaser for all equipment nationals, and items famished in performance of this agreement, free and clear of any and all lies, restrictions, reservations, security infest encumbmnca and claims i f others. T he Seller shall release the Purchaser and its contractors of any tier from all liabilay and claims of any nature resulting fmm the performance of such work. Ibis release shall apply even in the event of fault of negligence of the Party release) and shall extend to the directors, oMe. and employees of such Party. The Settees contractual obligations, including warranty, shall nor IN doomed to be reduced, in my way, because such weak is performed we caused to be perfoveJ by me Purchaser. 14. PATENTS. Whenever the Seller is required In use any design, device, material or process covered by leaky patent, trademark or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for Infdnganem by reason of the use of such patented design, device, material or process in connection with the mnlmcl, and shall indemnify the Purchaser for any cost, expense of damage which it may he obliged to pay by reason of such infringmnat at any time during the prosecution or aver the completion of the wmL In cure said equipment, or any pan thereof or the intended we of the goods, is in such suit held to costive inGngaread and Ne use of said equipment or an is enjoined, the Sella shall, at its own expense and a1 its option, either procure for the Purchaser thc right to continue using mid equipment or pans, replace the vane with substantially equal but noninfringing equipment, or modify, it for it becomes acnlnGngmg. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property business, this order may fonhwirh be canMed by the Purchaser in without liability. 16. GOVERNWG LAW. Fat definitions ofterma used or the interpretation ofthe agreement and the rights of all parties hereunder shall be cons coed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in re whethe Seller is to perform work hre eander, including the aervica of Sellers Reprocautive(s), oa thecases premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller sbull vary oa said work at Sellers own risk out its, same u fully completed and accepted, and shall, dare of any accident destruction or injury to the w'oh anNoc materials before Seller's final completion aM sceeptmce, complete the work at Sellers own expense and 10 Ne satisfaction of the Purchaser. Blum materials aM eq.,Man art famished by of. for installation or accrion by Ne Seller, the Seller shall receive, unload, store and handle scene at the life aM become respmrsible therefor as tough such materials mdmr equipment were being famished by Ne Seller undo the out 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of worker compensation, including occupational disease beaefts, m its employees employed on or in connection with the work covered by this purchase order, maker to their dependants in accordance with the laws of the state in which the work is to be done- The Seller slmll also curry comprehensive geneml liability including, but not limited ur, command and automobile public liability innurance with bodily injury and death limns oral least S300,00U for any one person, 5500,000 for any one accident and property, damage limit per accident of $400,000. TM Sella shall likewise require her contractors, if any. as provide fee such compensation and insarance. Before any of the Sellers or his commnors employees shall do my work upon the Intend. of tuners, Ne Seller shun fumisb Nc Purchaser with a cerrlfcate that such compon ation aM insurance have been provided Such cenificares shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expiws_ The Seller agora that such compensation and imamace shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rearm es the entire responsibility and liability for any and at I damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from me execution ofthe work provided for in this patroness, order or in connection herewith. Tw Seller will indemnify and bold M1mmles the Purchaser and any r all 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 Purchaaer may be put or subject by reason of any act, action, neglect omission or default on the par ofthe Seller, any of his exmmctors, or any of the Sellers we contractors omcers, agents in employees. In case my suit or outer, pocecings shall be brought against the Purchaser, or its officers, agents or employees at my time on account m by reawn of my act action, nedia. omission or default of the Seller of any of his contactors or my of its car their officers, agents or employees as aforesaid, the Seller hereby ogees to assume the defense Hereof and to defend the same at the Sellers owns expense, to coy any and all costs, charges, attorneys fees and mho expenses any and all judgnmrs that nay be incurred by or obtained router the Purchaser or any of its in their officers, agents or employees in such suits or other proceeding, and N case judgment or other lira be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards 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 mles and regulations issued pursuant thereto. Revised 0712014