HomeMy WebLinkAbout180828 COLORADO BORING - PURCHASE ORDER - 9147495PO
PURCHASE ORDER 914749er Page
('117/ of PURCHASE
495 t of z
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sli sand labels.
Date: 12118/2014
Vendor: 180828
COLORADO BORING
ATTN: JOHN JACOBS
3813 CANAL DR
FORT COLLINS CO 80524
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Vine & Shields Intersection Im
WO #CBC-400901809-14
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
1 LOT LS
MITIT1111TO
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. COMMERCIM.DETAILS.
Tax exemptions. By saute the City of Fort Collins a exempt font state and local taxes. One Exemption Number a
11. NONWAIVER.
98-01502. Federal Excise Tax Exemption Cenificam of Registry 84-64U0o587 a registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the minas and conditions harmf, failure or delay to
Internal Revenue, Denver, Col..& (Ref. Colorado Rased Statutes 1973. Chapter 39-26, 114 orif
exercise any rights or remedies provided herein or by law, Ilure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goads Rejected, GOODS REJECTED due to failure m meet specifa0ms, either when shipped or due to deendn, of
any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the
damage in transit, may he rammed to you for credit and are not m be replaced except upon receipt of woven
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shal I any pumorted
oral modification or rescission of this purchase order by ,he Formosa, operate as . water, of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Arcepmnce. Receipt of the merchandise, services are equipment in rasponse to this order am result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthonzed Payment on the Pont of the City of Fon Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual accurate practice, alecolorgas resulting Gan It.,
ACCEPTANCE is dependent upon completion ofall applicable rryuired inspection procedures.
violations are in fact home by the Purchaser.Tremfam, forgood cause and am consideration for executing this
purchase order, the Seller hereby acsigres to the Purchaser any and all claims it may now have or handle,
Freight Term. Shipments mast be TOM, City of Fort Collins, 7W Wood St., Fon Collins, CO 80522. unless
acquired under fedeul or sum antittuat Tans for such overcharges relating to the Particular good or service,
otherwise specifed on this order. Upctmasion is given on prepay freight and charge separately, the original freight
purchased or acquired by the Proclaims pursuant to this purchase order.
bill must mmmpany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nunufacturers have distributing points in Various pints of the country, shipment is
tribe Purchaser directs the Seller to corral nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribute. point to destination, and excess freight will be deducted man Invoice when
Purchase, and the Seller, and the Seller thereafer indicates its inability m unwillingness in comply, the Purchase,
shipments are made from greater distance.
may cause the work to be performed by the most expedition means available to it, and the Seller shall pay all
costs assocWred with such send.
returns. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and notes of the state, municipality, territory or Political subdivision where
the work is perfumed, or required by any other duly emotional public authority having jurisdiction over the work
of radon. Seller train agrees to hold the City of Fon Collins hamlass from and agains, all liability and loss
incurred by them by rezwn of an asserted or established violation of any such laws, regulations, or lmorces, miss
and requirements.
Authorization All parries to this contact agree Oar be represeotalives are, in fact, From fide and possess full and
complete eahonly to bind said Pamirs.
LIMITATION OF TERMS. This Purchase Order expressly hours acceptance to the mats and conditions muted
herein sa forth and any supplementary or additional ems and mndalons annexed hereto or incomomted herein by
reference. Any additional or different to. and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imnicustely ifyou cannot make complete shipment to arrive on your
promised delivery done as noted. Time is of the essence. Delivery and performance most he effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panial late ddivoies, shall climate 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 damage. However, the Seller shall not he liable far damages am a result of delays
due ro cones not remorebly foreseeable which art beyond its ..able control and widso, its fault ofnegligeoce,
such acts of God, acts of civil or military authorities, gmonumental pnomias, fires, strikes, flood, epidemic, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received lunowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period alml to the lime recently lost by ream. ofhc ads,
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specircatiers, samples mtker other descriptions given, will be fit for the purposes intanded, and
performed with the highest degree of core and competence in accordance with accepted similar& for word of a
similar nature. The Sella agrees to hold the purchaser harmless fmm any loss, m daage or expense which the
Purchaser may sutler ur m incon account of ❑ breach e Sellers ofwar anty. The Seller shall replace, repair or make
good, without east m the percent any defects m faults arising within one (1) year or within such longer period of
rime as may be prescribed by law or by be, terms army a,liable w.,y provided by the Sella after flow date of
screamme of the goods finished hereunder (acceptance not to be unrcasumbly delayed), reacting from imperfect
or difientive work done or materials furnished by Ore Seller. Acceptance or use of goods by the Purchaser shall ow,
omrimte a waiver ofmy claim under this warranty. Except as otherwise provided in this purchase order, the Sellars
liability hereunder shall extend to all damages proximately wood by be, breach of any of the foregoing warranties
or guam din,, but such liability shall in no even, include loss of more, or loss of use NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by writer change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the team, other Jun legal term, including uWitia a, to a delnioru from
the quantities originally ordered in the spoeficatiom or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofpa(ommce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wdtan change order, r.le this agreement as to any or all poniom of the
goods than not shipped, subject to my Notable adjustment between be parries as to tiny were, 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 goods and/or work, for incidental or consequential damages, and that m such adjustment be made in
favor of the Seller wit respect to any goods which art the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to my goods delivered hereunder.
7. CLAIMS FOR AD3USTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change m lamination is
mderad.
I. COMPLIANCE WITHLAW.
The Seller wmmis that all good said hereunder shall have been produced, sold, delivered and furnished in stint
compliance with all applicable laws and regulations to which the good ere subject The Sella shell meame and
deliver such deroments as may be required to effect or evidence compliance. All laws and regulations required to be
ncorpomrod in agreements of this character art hareby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless f all costs and damages infrared by the Purchaser ss a result of the
Sellers failure to comply with such law,
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior written consent ofthe other parry.
10, TITLE.
The Seller warrants full, clear and umestrund title to The Purchaser for all equipment conanals, and inner frrrished
in Performance of fail agreement fin and dens of may coal all liens, marriaimm oeservmions, samily inures'
encumbrances and claims brothers.
The Seiler shall release the Purchaser and its contractors of any tier from al I liability and claims of any nature
resulting fmm the performance ofsuch work.
This mlcaze shall apply even in the event of fault of negligence of be party released and shall extend to the
directors, oRcers and employees ofsuch cony.
The Sellers contracual obligations, including wamdnly. shall not be domed to be reduced, in any way, became
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design. device, material or process coveted by later, patent, mademark
in copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the rase of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any east, expense or damage which it may be obliged m pay by reason of such
infringement at coy time during the prosaation or area the completion of the work. In case said equipment, or
any pan thereof or the intended me of the goad, a in such suit held to comtimte infringement and the use of
said egnipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue using mid equipment or parts, replace the same with seasonally arm] but
mninGmging ryuipmem, or modify it m it becomes neninGngivg.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receive, or trustee for any of the Sellers property or business, this maker may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofmrms used or the interpretation of the agreement and the rights trill panics hereunder shall be
consWedsea&, end governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller a to perform work hereunder,
including the service of Sellers Representative(s), on the premiss archers.
17. SELLERS RESPONSIBILITY.
The Seller shall vary m said walk .1 Sellers own risk until the same is fully camplerd and accepted, and shall,
in cue of any accident destruction or injury to the work andror materials before Sellers fret completion and
acceptares, complete the work, at Sellers own expense and to the satisfaction of Ore Purchaser. When materials
and equipment are Famished by others for installation or auction by the Sella, the Seller shall massive, udoad,
store and handle same as the site and become responsible therefor as though such materials surfer eguipment
were being famished by the Seller under the order.
18. INSURANCE.
Ure Seller shall, an 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 this purchase order,
coal to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall dso carry comprehensive general limility including, but not limited to, contractual and automobile public
liability imuccure with bodily injury and death limits of al lens' S30o,000 for any one person, 550ak" for any
one accident and pmpemy damage limit Per accident of 5400,000. The Seller shall likewise require his
contractors, irony, to pervide for such compensation and insurance. Before any argue Sellers or his contrmtom
employees shall do any work upon the peemises of others, the Seller shall fumah the Purchaser with a reniftam
that such compensation and announce have ban provided. Such certificates shall specify the dam when such
compensation and insurance have been provided. Such cenieams shot] specify the dam when such compensation
and resource expires. The Seller agrees that such exclamation and insurance shall be maintained until after the
antim work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury efany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purehme order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any
r all of the provisions officers, agency and employees fmm and against any and all claims, losses, damages,
charges or ex,ames, whether direct or indimet and whether to persons or property to which the Purchaser may
be pm or subject by reason of any act action, regied omission or default on the pan of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In came any still or other
pmeedings shall be bought against the Purchaser, or its officers, opens err employees al my time on accomt or
by reason of any act .,am, matted omission or default of dre Seller of any of his rentratlors or my or us or
their otflcers, agents or employees as aforesaid the Sella hereby agrtas to assume the def thereof and to
defend the same at the Sellers own expense, to pay any marl all casts, changes, attorneys fas and other expenses,
any and all judgmmes Oat may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment in other lien he placed upon or
obtained against the property order Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at 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 monall all guards necessary for the prevention of
mcidency, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and al I roles and regulations issued pursuant thereto.
Revised oll2014