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HomeMy WebLinkAbout111183 COULSON EXCAVATING CO INC - PURCHASE ORDER - 3215194Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 111183 COULSON EXCAVATING CO INC 3609 N CTY RD 13 LOVELAND CO 80538 PO Number Page 3215194 1o12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered P.Irn 1 2015 BLANKET ORDER Excavation, small projects 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 30, 000.00 Total 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 DETAIIS. Tax exemptions. By arms, the City ofFora Collins is exempt from state and local taxes. Our Exemption Number is 98,04503. Federal Exciae Tax Exemption Cenificam of Registry 94fi000s89 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Statums 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet spedficalions, either when shipped or due re defects of damage in transit may be rammed to you for credit and are not to be replaced except upon receipt of vemen impurities from the City oFF.. Collins Inspection. GOODS are subject to the City airport Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in memories! payment on the pan of the City of Fort Collins. However, it is to be understood may FINAL ACCEPTANCE is depend., upon completion of all applicable mamared inspection procedures. Freight Terms. Shipments must her FO B.. City of Fort Collins. 200 Wood S. Fort Collins. CO 80522. unless otherwise specified on mis order. Ifpetmis ion is given to prepay freight and charge separately, the original freight all must reconmoanv invoice. Additional charges for packing will nor, be accepted. Shipment Distance. Where manufacturers have distnbuang points in cants pans of me country, shipment is expected from the nearest nomination point to destination, and excess freight will be deducted from Inceice when shipments an, made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits minficates and licenses required by all applicable Incas, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly consummed public authority having jurisdiction over me work of vendor. Seller £tamer agrees to hold me City of Fan Collins hamdess from and against all liability and loss micurred by them by reason of an asserted or established violation of my such laws, regularions, ordinances, rules and requirements. Authortarrion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said Fames. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set learn and my supplementary, or additional terms and conditions anmxed hereto or incorporated herein by reference. Any additional or dlffereot rears and conditions proposed by seller tie objectd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery date as noted. Time Is of the essence. Delivery and perfoman<e must her effected within the time stated on the pwcesse order and the dactunmts reached hereto. No acts of the Purchasers including, ormout Immodest, accepance of partial lase deliveries, final opeme as a waive, rdhia provision. In me cram of my, deny. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplming 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 re causes not reasonably foreseeable which are beyond its reasonable comrul and without its fault of negligence, such aces of God, erns of civil or military authorities, govemmeme priorities, Gres, strikes, Flood. epidemics, worry or nors provided met notice of the contracts causing such delay is given in the Purchaser within Five (5) days of me time when the Seller first received krmwfedge thereof In the event of my such delay, the date of delivery shall be exa nded for the period equal in me time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform eyes applicable decomp, specifications, samples anNar other descriptions given, will be fit for the psomem intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a ,am[. nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair, or make good, without cost to the purchaser, my defects or faults arising wumin one (1) year or within such longer period of time as may be presented by law or by me terms of my applicable warrmry provided by me Seller after the date of acceptance of the goods Burnished hereunder (accepturce not to be unreamnably delayed), resulting from imperfect or attractive work done or materials fumished by me Seller. Acceptance or uae of goods by the Purchaser shall not constitute a conjecturing claim under this worrmry. Except as otherwise proWded m mis purchase order, the Sailers liability, hereunder shall extend to all damages proximately caused by me breach of any of de foregoing warrmries or guarantees, but such liability shall in no event include loss of pmhn 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 .coat by with en change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terns, other man legal terms, including additions to or deletions from me quantities originally ordered in the specifications or drawings, by verbal or writars change order. If any such officer aoun change acts the comment due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by women change order temrina a this agreement az to any or el anywas of me goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials tam in progress provided that the Purchaser shut 1 not be liable for any claims for anticipated profits on the uncompleted pennon of the goods andfor work, for incidental or consequential damages, and that no such adjstment be made in favor of the Seller with respect to my goods which are de Sellers standard sack. No such m,mination shall relieve the Purchase, or the Sell,, of my of mein obligations as or my goads delivered herewder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is crd.ef 8. COMPLIANCE WITH! LAW. The Seller warrants seat all goods sold hereunder shall have been produced, sold, delivered and furnished in stria compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby incoryorated herein by this reference. The Seller agrees be indemnify and hold the Purchaser harmless from all cases and damages suffered by me Purchaser as a result of me Sellers failure ro comply with such law. 9. ASSIGNMENf. Neither parry shall assign, transfer, or wnvey this order, or my monies due or to become due hereunder without the poor wrinen consent ofine other parry. 10, Tf LE. The Seller warrants full, clear and tommmnaed tide in me Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of my and all liens restrictions, reservations, security interest encumbrances and claims ofofers. I I. NONWAIVER Failure of the Purchaser to insist upon stria perfomwce of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure an promptly you fy, the Seller in the event of a breach the sccepaance ofor payment for goods herewder or approval of the design, shall not release the Seller of any of the wormoies or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser W insist upon stria performance hereof or my of its rights or remedies as in any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my pumoned oral modlficatim or rescission of this purchase order by the Purchaser operate as a waver of any of the rotas hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize mat in actual economic practice, overcharges resulting from antitrust violations are in fact come by me Purchase, Theretofore, nfor good cause and as ormaderedon for exmunrtg this purchase order, the Seller hereby assigns to me Purchaser any and all clean it may now have or hereafter acquired weer federal or are mutest laws for such aweharges relazing m the particular goods or cervices purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sell., and the Seller fermtfer inmours its inability or unwilingness to comply, the Purchaser may cancer the work to be performed by the most expeditious means asxilable to it, and the Seller shall pay ail costs associated with starts work. The Seller shall release me Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligmu of the parry released and mall extend to the dirmmrs,i ficers and employees ofsuds parry. The Sellers contractual obligations, including warranty, shall not be de coed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Wltetmver the Seller is acquired so use any design, device, material or process covered by Istria. ratmt tmdemark r copyright, the Seller dial I indemnify and save hamdas the Purchaser from any and all claims for inGtngemmt by reason of the use of such parented design, device, material or process in emissions with the contract, and shall indemnify me Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after me compliment of the work. In case said equipment or my pan meroof or the amended use of the goads, is in such or held as cotrstimte infringement and the use of said equipment or pan is enjoined, the Seller shall, a in own expense and u its option, either procure for the Purchaser me right to continue using said equipment or pans, replace me same with subseantielly equal but noninGtnging equipment, or modify it so it becomes no ionfHnging. 15.INSOLVENCY. If the Seller small become insolvent or bankrupt make an assignment for me bmefit of coodoe s, appoint a ocariver or tromee far any of the Sellers proper, or business, this order may finswits be cancoled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of eerms used or fe interpretation of the agreement and me rights of all penis hereunder shall be consumed under and governed by the laws of the Scare of Coronado, USA. The following Additions Condiums apply only in cases whom the Seller is to perform work mmund,a including the services of Sellers Representatives), on me premises brothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work. Sellers own risk it the same is fully completed and accepted and shall, to case of any accident, destruction or injury to the work ardror materials before Sellers final completion and accryraace, complete me work in Sellers own asperse and to the satisfaction of the Perelman. When materials and equipment are fumished by others for installation or erection by the Sell., the Seller diill receive, unload, stare and handle same 0 the site and become responsible therefor as though such mammals and/or ryuipmmt were being fumished by me Seller under the order. 18_ INSUR VeCE_ The Seller shill, or his own expense, provide for the payment of workers compensaion, including occupuimed disease benefits, to its employees employed on or in commence with the work covered by this purchase order, maser to their dependents in accordance with me laws of me stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracruo and automobile public liability insurance w.N bodily items and death limits of at least S300,000 for say one person, S500,000 or any one accident and pmperry damage limit per accident of S000.000 The Seller shall likewise require his connectors, if any, to provide for such compensation and insurance. Before my ofine Sellers or his consromrs employees shall do any work upon the premises of others, me Scller shall ates sh 11 Pmchasm with a when seen mat such mmarnaation and insurance have been Such provided Such hat she if shell date such dam when sucm compensation andinsurancehave been provided Suchpen anon ashallspecify the date when such compensation me and m expires. The Seller agrees that such compensation and insurance sM1dl be maintained until after me enure sod is complied and accepted. 19. PROTECFION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage loss or injury army kind r nature whatmeve, to Persons or property carried by or resulting from the execution mde work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees Item and against my and all claims, losses, damages, em ages or cabooses. whether direct or indirect and whether to persons or property to witch me Purchaser may, Ise or or subject by reason of any area. action, neglect omission or lesson on me pan of me Seller, my of his convenors, or my of the Sellers or contractors officers, agents or employarm case my suit or other proceedings shall be brought against the Purchaser, or its off cars, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and in defend me same at me Sellers own expense, to pay any and all casts, charges, anomeys fees and other expenses. any and all judgments that may be incurred by or obtained agelnat me Purchaser or my of its or their officers. agents or employees in sorb suits or other proceedings, and in cue judgment or odes list be placed upon or offered against me ferPerry of the Purchaser, or said parties in or as a result of such suits or other proceedings, me Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, punish and Install all guards necessary for the prevention of accidents, comply wit all laws and regulations with regard to safety indoding, but without limitation, me Occupational Safety and Health Act of 1970 and all tales and neighbors issued pursumt therem. Revised 07/2014