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HomeMy WebLinkAbout538714 PREMIER EARTHWORKS & INFRASTRUCTURE INC - PURCHASE ORDER - 9143475 (2)PURCHASE ORDER PO Number Page City of PURCHASE 43475 t of z `t Collins( his number s, pac I g V �7 on all invoices, packing sli sand labels. Date: 09/03/2014 Vendor: 538714 Ship To: ENGINEERING DIVISION PREMIER EARTHWORKS & INFRASTRUCTURE INC CITY OF FORT COLLINS PO BOX 9382 281 N COLLEGE AVE DENVER CO 80209 FORT COLLINS CO 80521 Delivery Date: 06/19/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 1 LOT EA 2,277.50 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.wrn .50 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 Condii ens Page 2 of 2 1. COMMERCIALDEfAILS. Tax exemptions. By suture the City of FOR Collins is exempt tram state and local tarn. Our Exemption Number as 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600058) is regiandd with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected GOODS RUECTED due In failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS art subject to the City of Fon Collins inspection an rerival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in authorized payment on the pan of the City of ForCollins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Trans. Shipments mon be F.O.B., City of Yen Collins, 900 Wood Sr, Fort Collins, CO 80522. unless otherwise npedfid on this ruse, If permission is given m prepay, freight and charge separately, the mquiul freight bill must accompany maiden. Addut... I ranges for packing will not be aorta. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the names, dstriburair point to divination, and execs fiehght will be deda usi from Invoice when shipments are made from greater distance. Permits. Seller shall procure in sellers sole cost all .,a,., permits, certificates and licenses required by all applicable f ws, regnlotions, ordinances and rates ofrbe setae, municipality, emltrry or political subdivision where the work is performed, or required by any other duly connhtued public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collis hamdms from and against all liability and loss incurred by them by eamn of an msened or established violation army such laws, regulatiom, odinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fad, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Once, expressly limits somptanrr or the team and conditions mend herein set fond and any supplementary or southeast team and conditions ennead hereto we incorporated herein by reference Any additional or different terns and conditions proposed by seller are objected to and hereby rejected!. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inrmediwely if you cannot make complete shipment to arrive on your promised delivery dare as noted. Time is of the essence. Delivery and Performance most tx effected within the time stated on the purchase order and the documenu marched hemm. No acts of the Purchasm including, without limitation, acceptance erratical late deliveries, shall operate in a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other Iegal and equitable remedies, the option of placing this rrde,elsewhere and holding the Seller liable for damages. I however, the Seller shall not be liable Cur damages as a result ofdalays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fads ofnegligrace, such an. i f Gd, acts i feivil or military authorities, governmental Ariorilies, fires, strikes, flood, epidemics, wars or nos provided that notice ofthe conditions causing sixth delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge throat In the Went of any such delay, the dale of delivery shall be extended for the period equal to the time annually lost by reason of the delay. 3. WARRANTY. The Sadler warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other coampfiona given, will be fit for the prepmes intended, and performed with the highest degree of care sd competence in accordance with inampard standard for work of a 'miler nature. The Seller agree to hold the pardoner harmless man any loss, dannge or expense which the Purchaser cony suffer or incur on account or the Sellers breach ofwarranty. Tic Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults driving within one (1) year or within such longer period of erne ns may be presmbN by law or by the terms of any applicable warranty provided by the Seller after the date of .resource of the good fumuhed hereunder (accep. sal b be unreasonably delayed), resulting fmm imperfect or defeNve work door err mamfah fumishrd by Or Seller. Acceptance or use of good by de Purchaser shall not constitute a waiver of any claim under this wovanry. Except as otherwise provided in this purchase order, the Sellers Imbhl ity hereunder shall extend to all damages p... manly ennead by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal tams by •.vot en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make very changes to the terms, other than legal tenor, including additions m or deletions fmm use quantities Originally ordered In the speaieadons or drawings, by virtual or wro rn change user. If any such change affets the ameun, due or the time ofprrformance hereunder, an equitable adjustment shall Ie made. 6. TERMINATIONS. 'the Pirdare, may at any time by written change aide, maturate this aluminum, as to any or all pinions of he gods then not shipped, subject to any equitable adjustment between the Parties is to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated points on the uncompleted Portion of the goods allor work, for incidental or cossryusnial damages, and that roc such adjustment he nude in favor of the Scllcr with ¢spec, m any goads which art the Seller standard sack. No such tnmicarion shall m heve the Purchaser or the Seller crony of their obligations as to any gods did ivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asuned within thirty (30) dap fmm the date the change or mrmiration is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumhsbed in strict trough ... a with all applicable laws and regulation to which the good arc subject The Sella, shall execute ad deliver such dominator as may be required to effect or evidence compliance. All lawn and regulations required to be incorporated in agreements of this character are hereby measurement herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cash and damages suffered by the Purchaser as a result of the Sellers fall... to comply with such law. 9. ASSIGNMENT. Neither party shall assign, monsfeq or convey this cola, or any monies due or to become due hereunder without the prior woven consent of the other party. W, TITLE. The Seller warrants full, clear and unrestricted title to he Purchaser for all equipment, materials, vad items famished an performance of this agreement, Time and clear of any and all Iiem, maintain., reservations, security homes' encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the It. and conditions harrof, failure or delay to exerriam any rights in remdles provided herein or by law, failure to pramptly notify the Seller in the event of a bra ch the accept ax, for payment for goods hereunder or approval of the design, shall nor release the Seller of any otYhe warranties or obligations of this purchase 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 remedies as to any such good, regardless of when shipped, received or accepted, as m any prior or subsequmt default hereunder, nor shall any putponed coal mouth Ecation or rescission of this purchase order by the purchaser opeme as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pardoner recognize that in actual economic practice, overcharges resulting from imihust violations are in but home by the Purchaser. Theremfua. fogood cause and as consideration for exceeding this purchase omen, the Seller hereby nuigm to the Puchmer any and all claims it may now have or hereafter acquired under federal or score anlicaut laws far such ove¢hmges mlatfg an the particular goods car services purchased or acquired by the purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser agrees the Seller As moral nomunfrming or defective Good by a data to be agreed upon by the Purchacr and thr Seller, and the Seller thereafter indicates its inability or uawillingnrss to comply, the Pumhsser may cause the weak b, be performed by the most expedilivus seam available to it and R, Seller shall pay all cuss associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dhremors, oRcers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to or 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 Purchaser fmm any and all claims for infringement by rawer of the use of such patented design, device, nnterial or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to Pay by reason of such infringement at any time during fire prosecution or after the completion of the work. In case said equipment, or any pat thereof or the attended use of the goods, is In such suit bad to constants, infringement and the use of said equipment or part is rejoined, the Seller shall, or its own expense and at is option, either parent for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially equal but noninfriesgng equipn¢nr, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller slWl become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or aware for any of the Sellers progeny or business, this order may forthwith be canceled by the c Pu rhase, without liability. 16, GOVERNING LAW. Far fifinitloa of tereau used or the interymation of the agreement and the rights of all parties hereunder shall be cosswed under and govemd by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work Bartender, including the services of Sellers Represe rative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. Thai Seller shall cant' on said work in Sellers own risk unlit the same is fully completed and accepted, rout shall, in cat of any accident, destruction or injury to the work anchor materials before Sellers fah completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When madmids and equipment are fumislted by others for installation or section by the Seller, the Seller shill receive, unload, ,lore and handle some at the she and became responsible therefor as though such materials ardor equipment were being famished by the Seller sacs the order. 18. INSURANCE. The Seller shall, at his own expenu, provide far the payment of workers compensation, including corepmaaal disease benefits, to 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 slate in which the work is to be draw. The Seller shall also carry comprehensive ga mil liability including, but not limited m, tontmsum and automobile public hatfiry insurance with bodily injury and death limits of at least S300,000 for toy one person, S500,000 for any one accident and property damage limit per accidam of S400,000. The Seller shall likewise require his command., if any, to provide for such compensation am marimnce. Before eery of the Sellers or his co ardre rs employees shall dr any work upon the premises of others, the Seller shall famish the Purehaser with a manifests the such compensation and insurance have been provided Such cenificmes shall specify the data when such compensation and insurance have been provided Such cenificmes shall specify the date when such compensation and insurance expires. The Seller agmrs that such compensation and imorace shall be acco mwd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Set le, hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind nature whatsoever to persons or property timed by or resulting from the execution of the work provided for in Nis pure etw order m in connection herewith. The Seller will indemnify and boll Harmless the Purchaser and any cr all of the Punctuates officers, agents and employees fmm and against any and all cloims, losses, dm aages, harges or expenses, whether direct at indirect, and whether to perom 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 account or by reason of any act action, neglect omission or default of the Seller of any of has mmracmrs o, any of its or thou officers, agents or employees ss of said, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, an pay any ad all costs, chapter amomeys fees and other expenses, any and all judgments that may be 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 tribe Purchaser, or said parties in or as a result of such suns or other proceedings, the Seller will at one cone the same to M diuolvd and discharged by giving bond or otherwise. The Seller and his emission shall take all safety precautions, branch and install all guard n rman ry for she prevention of accidents, comply with all laws and regulations wilt regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued ptusaan thereto. Revised 0712014