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HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9146453of Fort Collins Date: 11/04/2014 Vendor: 180828 COLORADO BORING ATTN: JOHN JACOBS 3813 CANAL DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146453 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Banner Health - Harmony Duct 1 LOT LS 106,151.50 Bank 7546 Directional Boring & Trenching Services 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.00m Total iG111-21r1101 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 Pon Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Callector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall era, release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and hall not be deemed a waiver of my right of the damage in transit, may he mounted to You for credit and are not to b< explained except upon receipt of written Purchaser to insist upon strict perfomlance bereafor any affix rights or remedies as an any such goods, regardless insuuctiow from the City of Fan Collins. of when shipped, rmcivod or accepted, as to my prim or subsequent default hercuodm oar shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terra Inspection. GOODS are subject o the City of Four Callus inspection on arrival. harrof. Final Acceptance. Receip, of the merchandise, services or equipment in response to this Oder tan r each in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic podia, overcharges resulting from antimut ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teton. Shipments most be F.O.B., City of Fan Collins, 700 Woad St, Fort Collins, CO 80522, notess otherwise specified on this ardor. If permission is given ,a prepay freight end charge svyarately. to original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whom manufacturers have distributing points in varriong, Pans of late worry, shipment is expected from the nwtest distribution in, go destination, and excess feighl will ha deducted from Invoice when shipments arc made farm greater disc nce. acquired under federal or'tam can., laws for such overchages relating to the particular goods or services purchased or mquirN by the Porcbuer pursuwl to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dinners the Seller go correct mmonfarming or defective goods by a date to be agreed upon by the Purchaser and the Shceq and the Seller theten0er indicates its inability or unwillingness m comply, the Purchaser may cause the work to be performed by the most expeditious mews available to it, and the Seller 'ball pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificares and licenses required by all applicable laws, regulations, oNinances and rules ofthe state, municipality, territory, or political subdivision where the work is performed, or requiring by any other duly mentioned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Too Collins harmleaN from and against all liability and lose incurred by them by reason of an asined or established violation affray such laws, regulations, industries, miles and requirements. Authnvztion. All parties to this contract agree that the firmer nmtiva are, in fact, bona ride and possess full and compete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limier acceptance to the menu and conditions Noted herein set both and any supplementary or whininml temp and conditions annexed hereto or incorporated herein by reference. Any additional or different menu and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake complem shipmmit to arrive on your promised delivery date is mated. Time is of the assmcc. Delivery and Performance most be eft ted within the time soled on the putchsse oNer and the documents ma[hed herein. No acts of the Purchasers including, widow, limlation, acceptance affirming late deliveries, shall operate as a waiver ofthis provision. In the event fany 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 oat be liable far damages s a resell of delays due m causes not measurably foreseeable which me beyond its reasonable control and without its fault of negligence, such aces nfG.d, ace of civil or military authorities, govemmmwl priorhies, fires, strikes, flood, epidemics, wars or rings provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when line Seller first received knowledge thcrmf. In late event of my such delay, the date of delivery shall he extndN for the period equal to Be fime actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, aamriab and work covered by this order will conform with applicable drawings, specifications, samples andl or other descriptions given, will be fit for late purposes intended, end 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make gaud, without cast to the purchwce any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warmly provided by late Seller after the date of acceptance of the goods famished herewdm (acceptance not to h momentarily delayed), resulting from imperfect or dcfmive work done in materials furnished by be Seller. Acceptance m use of good by the Purchaser shall not comtimte a waiver of my claim under this warmly. Except as otherwise provided in this pruchwe order. the Sellers liability hereunder shall extend to ell damages proximately crowd by the breach of my of the foregoing warranties or gmmvtms, but such liability shall in no event include loss afprofits or 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 go legal terms by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Pmchsser may make any changes b Ore tenor, other than legal fertns. including additions m at deletions from me quantities ongirully sidereal in the specifications or drawing, by verMl or xvn= change order. If my such change affects the amount due or the time ofperformance hereunder, an equitable adjustment, shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement sew to any or all pmr inns of the good then not shipped, subject to any equitable adjustment between the parties 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 unwmpleted Portion of the good author work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my grad which we Ore Sellers stwdad stack. No such germanium shall relieve the Pumcluuer or the Sell,, ofany afibe r obligaliorts ed at my good delivered hcrommi ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustr ml muss be asserted within thiny, (30) days from the dam the change err germiarlion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered said famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be occurred to effect or evidence compliance. All laws and regulations required to be incorporated in i gmements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold thc Purchaser harmless from all vests and damages suffered by d, Purchaee as it result of the Sella failure on comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this oNa, or any monies due or to became den hereunder without he prior written consent of the other parry. 10. TITLE. The Seller warrana full, clear and uor stricned title to the Purchaser for all equipment, maerials, and it. fumished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest mcumbrzrces and claims orothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the divecmrs, oleo grad employees go' uch pang. The Seller's contractual obligations, including warranty, shall not be diamond 10 be reduced, in my way, because such work is performed or caused to lc performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paranl, trademark or copyright, the Seller shall indwrody and save hrnnless the Purchaser from my and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser her any cost, expense in damage which it maybe abliged to Pay by reason of such infringement at any time during the imagination or after the completion of the work. In case said equipment, or my part tbertof or the intended use of the gouda, is in such suit held to constitute Infringement and the use of said njuipmenl or pan is crapaga d, the Seller shall, at in awn expense mid al its option, defer Forcer, for the Purchaser the right go continue using mid equipment ore now, replace no same Win substantially equal but noninGunging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became huolvent or bankmpt make an assignment for late benefit of creditors, appoint is receiver or a once for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemn owed of the imerpmemlian afNe agreertrent and Ole rights of all parties hereunder, glargall be coruvued under and groaned by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprosenmtive(s), on the premises ofothera IT SELLERS RESPONSIBILITY. The Seller shall carry aw sad work at Sellers own risk gowd the same is fully completed and mccptad, and shall, in use of any accident, describing g or injury ,o the work and/or aaterab before Sellers fool compinim grad acceptance, rompine the work as Sellers own wacme and an the satisfaction of the Purebuer. When materials and equipment art fumishnd by others for instillation or erection by the Seller, the Seller shall receive, reload, sore and handle tame in the site and become regpomble therefor m though such materials wNor equipment were being famished "a Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by Nis purchase order, maker m their dependents in exorcisms, with the laws of the state in which the work is m ha done. The Seller shall also carry campreheruive general liability including. but not limited to, covtmeaal and automobile public liability insurance with haddy injury and death limits of at leas, S30o,oW for any cam person, 5500,00s, for any me accident and property damage limit per accident of 5400,000. The Seller shall likewise requite his assommenow. Worry, to provide for such compmmunn and insurance. Before my afNe Sallies or his contractors employees shall do any work upon line premises of others, the Scller shall famish the Purchaser with a certificate that such comperuation and insurance have been provided. Such cenificams shall specify, the elm when such compensation and insurance have been provided. Such cer ifimtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire msporegibilay and liability rim my and all damage, loss or injury of any kind or nature whatsoever to persons or property mused by or resulting from Or, execution of the work provided for in Nis purchase oNer or in Co..romebcmvxdh. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers a icers, agents and employees from end againing any and all claims, losses, damages, charges m examines, whether driver or indirect, aad whether to paws or property m which the P... ham, may be put or subject by nation of any act, action, neglmof, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commetwi officers, agents or employees. In case any suit or other proceedings &ball h brought against the Purchaser, or its offices, agents or employees at any time on account or by reason of my mL actimi, neglect, omission or default of the Seller of my of his contractors or my of its or then offices, agents or employees as afortsaid, the Seller hereby agrees to assume the defense thereof and an defend the same at the Sellers owns expense, m 11-1 and all casts, charges, ahomeys fees and right' expenses, any and all judgments that may b, incurred by in obtained against the Purchaser or my of its or their officers, agents or employees in such suits or outer proceeding, and in rue judgment or other lim be placed upon or obtained .,at., the property nfhe Purchaser, or said parties in or Na . result of such suits err ether proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or oNetwise. The Seller and his co rnators shall take all safety precautions, famish and insall all guard necessary for the prevention of reentrant, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised OgQ014