HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9144762PURCHASE ORDER PO Number Page
City. of 9144762 1 of z
�■ Collins
on all invoices,
must appear
V " J on all invoices, packing
sli s and labels.
Date: 08/18/2014
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: 08/18/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Directional Boring for N Col.
1 LOT
LS
44,044.00
Work Order 173403
Total
$44,044.00
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
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By smmm the City of For Collins is exempt form stare and local taus. Out Exemption Number is
11. NON WAIVER.
934)4502. Federal Excise Tax Fxeurytim Cmaifcae of Registry 84.6000587 is registered with she Collector of
Failure of the Purchaser as hoot upon strict performance of the terms and mealitions hercot, failure or delay to
Internal Revenue Drive, Colorado (Ref Colorado Revised Stamtu 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided harem or by law, failure to parrs rectify the Sella in the even, of is
breach, the .cep. of err payment far goods hrreutWer or approval ofthe design, shall set release the Seller of
Goods Rejector. GOODS REJECTED due to failure to meet specifications, either when shipped or due w defects of
my of ore wamntics or obligations of this purchase order Arm shall not be domed a waiver of any right of the
damage in transit, may be mumed to you for credit and am not to he replaced except upon receipt of written
purheer to insist upon wrict performance hacofor any of its rights or remedies as to any such goods, regardless
instructions from me City of For Collins.
of when shipped, received or accepted, as to any prior or subsequent default hartonder, nor shall any purported
am[ modification or rescission of this purch a order by the Purchser means as a waiver of any of the teem
Inspection. GOODS are subject m ore City of Fart Collins inspection on amval,
hereof.
Fort Acceptance. 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 Port Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrua _
ACCEPT ANCE is dependent upon completion or all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for exeeming fix
purchase order the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Teens. Shipments most be PO.B., City of Fort Collins, 700 Wood SL, For Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular gaols or services
otherwise specified on this order. Ifpamusion is given to prepay freight and charge separately, the original feight
purchased or acquired by the Purchaser pursuant to this purchase order,
bill mast accomoaw invoice. Additional charges for packing will not be accepted.
Shipment Durance Where manufacturers have distributing points in vanous parts of the country, shipment is
expected from the proper dismibumm in, to destination, sal excess freight will be deducted from Invoice when
shipments am made from greater distance.
Perrmits. Seller shall procure at sellers sole cast all eta., permits, certificates and licenses required by all
applicable laws, regulation, ordimnces and rates of the state, municipality, territory or Political subdivision where
the work is pM cared, or required by any other duly constituted public authority having jurisdiction over the work
of version. Seiler fuller agrees to hold the City of Fort Collins hmmlem from and against all liability and loss
incurred by them by rr own of an asserted or established violation of any such laws, regulations, ordinances, rules
and opportunities.
Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and
complete anthmlry m bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
Intent set fah and any supplementary or additional moms and conditions annexed hereto or annunciated herein by
reference. Any additional or different terns and conditions pfopsed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery, 6 re u noted Time is of the essence. Delivery am performance most be effecard within the time
stated on the push order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofparial late deliveries, shall operom an is wm,a alibis provision. Ice the event of any delay.
the Purchaser shall have, in addition to other legal and egtiam a remedies, the option oTI pm this order cuewhere
and holding the Sella liable far damages. However, the Seller shall not be liable for damages as a ..It of delays
due to causes not reasmably foreseeable which art beyond its rcamrable control and without its fault of negligence.
such acts of God, acts ofciell or military authorities, governmental priorities, Gres, strikes, rapid, epidemics, war or
fiats provided that notice of me conditions causing such delay is given to the Purchaser within five (5) drys of the
time when the Sella first received knowledge thereof In the went of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the dewy.
3. WARRANTY.
The Seller warunta that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifcaions, samples and/or other descriptions given, will be fit for the puryoses intended, and
performed with the highest degree of care and competence in accordance with accepted standards far work ala
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suRn or incur on account of the Sellers breach of warrmry. The Seller shall replace, repair or make
good, without coal to the purchum any defects or faults main, within one (I) year or within such longer paiwl of
time as maybe prescribed by law or by the rem¢ of any applicable warranty provided by the Seller after the rate of
ace,pmntt of the goad f ishor havanda (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fished by the Seller. Acceptance or use of good by the Purchea shall not
core,iture a waiver ofmy claim under this waemnry. Except as otherwise pmxided in this purchase order, meaSellers
liability hereunder shall extend to all damages proximately posed by the breach of any oftb, (caning wmromms
or guarantees, but such liability shall in no event include loss ofpmfts at loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaer may make changes no legal moms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes in the temvs, other than legal morm. including additions m or deletians form
the quantities originally ordered in the spoe fications or drawings, by verbal or wrinen change order If any such
change nn'eas the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchases may at any time by worm change order, harmonic this agreement m to any or all W pions Of the
Foods then not shipped, subject to any equitable adjustment heaven the parties as to any work or mannish, then in
progress provided that foe Pmchr n shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the good ardor work, for madmml or cOrecquenful damages, and that an such adjutment be made in
to. of the Sella with respect to any goods which are foe Sellea sma dmd stork. No such tenadmium shall relieve
the Purchaser or the Seller army of fair obligation no to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mused be asserted wild- thirty (30) days from the date the change or mrsmiratim is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrans that all grad sold heremder shall have been produced, sold, delivered and furnished in suict
compliance with all applicable laws and regulations to which the goads we subject- The Sella shall execute and
deliver such document, as may be required to effect m evidence compliance. All laws and regulations required m be
incorporated in agreeme-s of this character ate hereby inewmm ed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless form al I toss and damages suffered by the Purchaser as a result of the
Sellers Lai lure to comply with such law.
9. ASSIGNMENT.
Neither Party shot assign, transfer, or convey this order, Or any monies due or do become due hereunder without she
poor wrinen coman of the one, party.
10. TITLE.
The Sella amounts full, Clem all unrestnned lifte to the Purchaser for all equipment, materials, and items famished
in Pa.. of this agreement f and clear of any and all lieu, rwmictimss, reservation, s¢wity interest
wound, new mal claims ofodrs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I Gibe Purchaser directs ore Seller to concert manconfonning or defective grads by a date to be agreed upon by she
Purchrome and the Sella, and the Seller thereafter indicates its notably or unwillwgness to comply. the Purchaser
may cane the work to be performed by The .1 expeditious mews astable f it, and the Seller shall pay all
cons reavisted with such work.
The Seller shall a[. the Purchaser oral its Can'... of any tier from all liability am claims of any mmre
mulling tram the pelf rromce orsuch work.
This release shall apply wen in the event of fault of negligence of le party released and shall extend to the
directors, oRcem and employees ofauch any.
The Sellers comfawal abligatims, including worranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused in be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is criminal to use any design, device, material or pcacess covered by Inner, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the, Purchaser for any cost, ea,. or damage which it may be obliged to Pay by reason of such
infringement many time during the prosecution or after the completion of me work. In case said equipment, or
any part thereof or the intended am of the goods, is in such suit held to constitute infringement and the once of
said equipment or For is enjoined, the Seller shall, at its oum expense all at its option, either proc m for for
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
non infringing equipmont, of modify it so it become nodnfdogiag.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt. make an asigmnmt for the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, Nis order may forthwith be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions of W. used or the interpretation oflhe agreement and The rights of all parties hereunder shall be
construed under and govemed by the laws of the State of Colorado, USA.
The following Additional Conditions apply Only in where the Seller is to perform work hereunder,
f including the services oSellers Representativas), on thees premises ofmhcu.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers awn risk until the more is Silly completed and accepted and shall,
in use of any accident destruction or injury to the work mdsor materials before Sellers final completion and
worptance, complete ore want, in Sollars own expense and to the satisfaction of the Purchaser. When materials
oral equipment ere broached by others for installation or erection by the Sella, do, Sella shall receive, unload,
stare all handle same M the site all become responsible therefor as though such materials owl/or equipment
were being fmished by ore Seller miler the order.
18. INSURANCE.
The Seller shall, at his pan expense, provide for the Raymond of workers compensation, including occupational
disease benefs, m its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which ore work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited m, inuftwoul and automobile public
liability insurance with Limits injury and death limits of in Icaa $300,002) for any one person, $500.000 for any
one accident and property damage limit per accident of S400,00The Seller shall likewise require his
otractors, 1. if any, to provide for such compensation and insurance. Before any of the Sellers or his cnnnanom
employees shall do any work upon the premises of others, the Seller shall Simish the Pmchmer with a califcore
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such rap ifcan shall specify me date when such complasaion
and announce expires_ The Seller agrees that such compensation and insurance shall be mainnined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assurrim the entire raporuibility oral liability for any and all damage, loss or injury of any kind
or nature whatsoever as pesots or proper, reused by or resulting form the execution of the walk provided for in
dus purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchases ad any
cr all of the Forebears officers, agents and employees firm and against my and all claims. Inssm, damages,
harges or expeees, whether direct or indiran, and whether to persons or primary, to which the PorcM1aser may
be put or subject by maven of any set, action, neglect, omission or default on the pan of Lire Seller, my of his
contractors, or my of ore Seller or contractors officers, agens or employees. In case my suit or other
proceedings shall be brought against me Purchaser, or its officers, agents Or employecs at my time on account Or
by reason of any act, action, neglect, omission Or default of the Sella of any of his contmdors Or any of is or
their officers, agents or employees as oforemid, the Seller hereby agree to assume me defense therm( and to
defend me same at me Sellers own expense, m pay any and all costs, charges, wo mays fees and other expeues,
any and all judgments that may be incurred by or musical 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 ofthe Purchaser, or mid parties in or as a result of such suits or other proceedings,
the Seller will at once cause me same to be dissolved and dischaged by giving bond w oferwise. The Seller and
his compactors shall take all safety pecaulions, furnish and install all guard n csmry for me prevention of
acidens, comply with all laws and regulations with regard to safety including, but wifout limitation, the
Occupational Salary and Health An of 1970 and ell roles and regdatiou issued pursuant Hereto.
Revised Mafia