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HomeMy WebLinkAbout267945 RAILROAD MANAGEMENT III LLC - PURCHASE ORDER - 9144366PO Number Page C117OfPURCHASE ORDER 9144366 'ofz isnumbermust appea appear] ll invoices, packing sli s and labels. Date: 08/01/2014 Vendor: 267945 RAILROAD MANAGEMENT III LLC PO BOX 678432 DALLAS TX 75267-8432 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 SEWER PIPELINE ENCROACHMENTS INVOICE 307350 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&cgov.com 1 LOT LS 6,376.01 Total $6,376.01 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 Fort Collins is exempt from sate and local dean. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rtgistertu with the Collector of Faidare of the Purchaser to insist upon strict performance or the re ads and considu m bemot failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Saudis 1973, Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the corm of a breach, the weeytance ofor payment for moods hereunder Or approval ofthe design, shall me release the Seller of Goods Rejected, GOODS REJECTED due to failure no meet specifications, either when shipped or due to defaces of any of the wammtia or obligations of this purchase order add shall Our he deemed a waiver of any right of the damage in transit, may be, resumed m you for credit and are mi to M replaced except upon receipt of wriven purchaser m insist upon shin performance hereofor any caries rights or remedies as to any such good, regardless instructions fmm the City OfFon Collins. of when shipped, received or started, as to my prim or subsequmr defaut hereunder. Our shall my punpinned oral mdifimtion Or rescission of this purcluse order by the Pummua operate as a waiver of any of the rooms hesitation. GOODS are subject to the City of Fort Collins inspection on aniwL hasu f. Final Acceponce. Receipt of the merchandise, services 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. How.va, a is to be understood that FINAL Seller and the Purchaser recognize that in actual a is practice, overcharges resulting from woman ACCEPTANCE: is dependent upon completion of all applicable original inspection procedures, violations are in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for exeenOng this purchase ,it,, the Seller hereby assigns to the Purchaser any and all claims it may now have Or Immune, Freight Terms. Shipments must be ROD., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired under federal art state anfitmst laws for such mercharges relining to the particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge sepammly. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must.accompany invoice. Additional charges for packing will not be a<epied. 13. PURCHASERS PERFORMANC17 OF SELLERS OBLIGATIONS. Shipment Distinct. Where mamrmctuao have disnialing prints in varium, pans of the country, shipment is ]film Purchaser directs the Seller to eoraf nonronforminy or defective good by a date to be agreed upon by he expected from the nerves, dumbmian maim to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ore made from greater distance. may cause the work to be rerthonnd by the most expeditious means available in it, and the Seller shall pay all costs ass wmal with such work. Pennies. Seller shall praure at sellers sole cast all necessary permits, cenificams and licenses required by all applicable laws, regulations, ordinances and rules of the sum, municipality, terrirory or polamil subdivision where the work is rarfarmed, or required by any other duly constituted public anthonty having judsdichum over the work of vendor. Seller further agrees to hold the City of Fon Collins hamdess fmm and against all liability and Ioss incurred by them by reason of an asserted or established violation of any such laws, regulation, odiaances, rules and requirenents. Amhorivation. All parties W this contact agree that the regraeoadvea arc, in fact, boor fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the it. and conditions fared herein set forth and any supplementary or additional ferns and conditions cmexed hereto at incorporated herein by reference. Any additional or different mores and coaddions proposed by seller are objected to and hereby rejecred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery doe as noted. Time is Order essence. Delivery and performance most be effected within the time sated on the Purchase order and the documents attached hereto. No acts of the Purchasers including, wifhout limitation, acceptance of partial late deliveries, shall opemte as a waiver of this provision. In the event of any delay, the Purchaser shall 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 shall not be liable for damages as a result of delays due,, causes not renwnably fbresemable which are bryoud its reasonable control and without its faun of negligence, such nets of God, oats of civil or military authorities, govermnental priorities, fires, strikes. flood, epidemics, wars or riots provided than notice of the conditions causing such delay is given to the Purdruser within live (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period Mml to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wanm is that all goods, articles, mmmals and work covered by this order will conPorm with applicable drawings, specifications, samples andlm other descriptions given, will M fat for the uposes intended, and performed with the highest degree of care and competence in accordance with accepted sundatd for work of a similar nature. The Seller age i to hold the purchaser handless from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of wamdnty. The Sella shall replace, repair or make good, without cost to the purchases, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the tends army applicable wadanty Provided by the Sella after the daft of asmairue of the good furbished hereunder (acceptance not to be moreawtably delayed), resulting fmm imperfect or defective work done or malenals f cl d by the Seller. Acceptance at use of good by the Purchaser shall not omtimre a waiver of my claim under this wamnry. Except as otherwise provided in this purchase oiler, the Sellers liability hereunder shall extend m all damages proximately caned by the batch of any of the frda mat, warranties or guarenlres, but such liabiltyy shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal tern¢ by widen change order. 5. CHANGES IN COMMERCIAL TERMS. The Pi remaser may make any changes to the terms, aher than legal terms, including William, Ir or deletions firm the qunmltics originally Ordered in the specifcarmas or drawings, by verbal or written change order. H any such change affects the amount due or the time ofpaharance hereunder, an equitable adjusunent shall be made. 6.'1 ERMINATIONS. The Purchaser may at any time by written change oiler, mmimme this agreement as m any a all portions of the goad then not shipped, subject to any equitable adjustment binmen the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the Goad an&., work, for incident.) or consequential damages, and that no such adjustment M made in favor of the Seller with respect to any good which are the Sellers standard stork. No such m ddestion shall relieve the Purchaser or the Seller army of their obligations as many goods delivered Mreunda. ). CLAIMS FOR ADJUSTMENT. Any claim for sub and mdo. must M asserted within mini (30) days from the data the change or temtwom is ordered. 8. COMPLIANCE WITH LAW. Tie Seller wmrams that all goads sold hereunder shall have barn pmmord. sold, delivered and famished in stem compliance with all applicable laws and regulations to which the goods art subject. The Sella shall execute and deliver such documents as may be, required to effect or esidena compliance. All laws and regulations regdoed to be determined in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bald the Purchaser remains Gom all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tanager, or convey this order, or my monies due or to become due hereunder without the prior wriden consent of the the, prey. 10. TITLE. The Seller warrants full, clear and undesmaed tide in the Purchaser for all agnpmnd, materials, and items furnished in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ifothem. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any mire mauling Gom the palandence of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers, and employees of such party. The Sellers contracmal obligations, including memory, shall not he damed to b , reduced, in any way, because such work is performed or caused to be, performed by the Puurchaer. l4. PATENTS. Wtu aeva the Seiler is required to use any design, device, material or process covered by letter, patent trademark or copyright the Seller shall indemnify and save ham)ess the Purchaser bons any and all claims for inMngement by reason of the use of such patented design, device, material Or process in camection with the contract, add Mail indemnify the Puchasa for any cost, expense or damage which it may be obliged to pay by during of such infringement at any time during the pamuccu ion or after the completion of the work. In case said equipment, a any pan thereof or the intended use of the goods, is in such suit held to consinum infringement and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prxcure for the PmrImser, the right to continue using said equipment or pans, replace rise same with substantially equal but nonlnfringing equipment or modify if see it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or wsme for any of the Sellers property or business, this order may forthwith be canceled by the c Pu haser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall M ounstmN under and Sovemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the see ices of Sellers Representative(s), on the premises ofamers. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Seller's own risk until the same is fully completed and accepted and shall, in ease of any accident, destruction in injury to the work andfor materials before Seller's foal completion and accepance. complete the work in Sellers own expense and to the wisfacuon of the Purchssa. When materals and campmont me f ished by others for installation or erection by the Seller, the Seller shall receive, unlmd, score and handle same a the site aM become responsible therefor as trough such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers rem uo oration, including acupatiom it disease benefits, to its employees employed] on or in connection with the work covered by this purchase order, and/or in their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and a tomobile public Ii ioas imumnce with buddy Injury and death limits of at Iessr stoniest to, my we person, SSdU,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his comoutons, if any, to provide for such compenation 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 certificate that such compensation and inra have Men provided gcat Such ceoies shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insuarre expires. The Seller agrees that such compensation and insurance shall be demanded until a0a the more work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or venue whosoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purehssn and my an all of tM Purchasers officers. agents and employers wan and against any and all claims, losses, damages, charges Or expeeses, whether direct or indirect and whether to persons or part to which the Purchaser duty be put or subject by mown of my on, =lion, radial, omission or default m the pm of the Sella, my of his d narcrors, Or my of the Scllers or contractors officers, agents or employees. In case my suit or other proceedings shall M brought aganal the Purchaser, or its officers, agent or employees at any time on account or by reason of my not, action, neglect omission or dc(eult of the Seller of any of his common or any of in or the. oRans. agents or employees az aforesaid, the Seller hereby ogees to assume the defense thereof and to defend the same at the Sellers own expanse. to pay any and all costs, charges, mummy, fees add other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any 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 said parties in or as a result ofsuch suits or other proceedings. me Seller will at once comm the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, burnish and imall 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 Actor 1970 and all rules and regulations issued pursmnfthereto. Revised 074014