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HomeMy WebLinkAbout105045 DOUG WEITZEL EXCAVATING & SUPPLIES - PURCHASE ORDER - 3215204Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 105405 DOUG WEITZEL EXCAVATING & SUPPLIES 2630 W MULBERRY ST FORT COLLINS CO 80521 PO Number Page 3215204 1of2 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 uuanury UOM Unit Price Extended n.A—A e.:.... 1 2015 Blanket Order Excavating I'srr'j4 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $6000 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 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 I. COMMERCIAL DETAILS - Tax exemptions. By statute Me City effort Collins is exempt from sale and local taxes. Our Exemption Number is 11. NONAVAIV ER. 98-4),4502. Federal Excise Tax Exemption Certificate of Registry M-60(i is registered with the Collector of Failure of the Purchaser to insist upon wort performance of the terms and conditions hereof, failure or delay to Imemal Revmoe, Denvea Colorado (Ref Colorado Revised Sparm s 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, fallum to promptly notify the Seller in Me event of a breach, the acceptance Ofor payment for goods hereunder or approved of the design, shall not release the Seller of Goods Rejected. GOODS IU ECfED due to failure to meet specifications, either when shipped or due to defects of any Of the yout—jes or obligations of Nis purchase order and shall not be deemed a waiver of any right of me damage in transit, may be returned to you for credit and are not to be replaced cc,, upon receipt of wnnen purchaser to insist upon sttict performance heneofor any rifler tights or remedies as to arty such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, Or shall any pumorted oral modification or maximum of this purchase order by Me Purchaser operate as a waiver of any of me terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. harcof. Final Acceptance. Receipt of Me merch pple , services, or equipment in response u this order can resuh in 12. ASSIGNMINTOFANTITRUSTCLAIMS. authodeM payment on Me pan of Me City of For: Collins. However, it is to be understood Nat FINAL Seller and Me Purchaser recognize Mat in anneal economic practice, overcharges resultinantitr g from ust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact Same by Me Purchrow Theremforefor good cause and as consideration for executing this purchase order, the Seller hereby assigns a the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments mum be F O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to Me particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by Me Purchaser pursuanno Nis purchase order. bill rotor accompany invoice. Additional charges for packing will Trot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have Maintaining points in venom pans of Me country, shipment is If Me Parchasm three. Me Seller to puree, nonconforming or defecme goods by.&to to he agreed upon by Me expected from Me nearm distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and Me Seller, and Me Seller thereafter indicate its inability or wwillinpuss to comply. Me Purchaser shipments are made from greater distance may cause Me work to be performed by Me most expeditious means available to it, and Me Seller shall pay all costs awociaad with such work. Permit. Seller shall procure at sellers sole cost all necessary permits, cenifcates and licenses required by all applicable laws, regulations, ordinances and moss of Me state, municipality, territory or political subdivision where The Seller shall release Me Purchaser and its contractors of any tier from all liability and claims of any nature Me work is performed or required by any other only constituted public authority having junsdinion over Me work resulting from Me performance of such work, of vendor. Seller further agrees to hold Me City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rule This release shall apply even in Me event of fawn of negligence of Me parry released and shill extend to Me and requirements, directors, officers and employees of such parry. Authonci ion. All parties to this contract agree Nat the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including womaaty, shall not be deemed to be reduced, in any way, because complete maturity to bind said parties such work is performed or caused to be performed by Me Purchase, LIMITATION OF TERMS. This Purchase Order expressly limits accepame to me trim and conditions stared herein set forth and any supplementary or additional arm and conditions annexed hereto or incorporated herein by reference. Any additional or different ems and conditions proposed by seller are objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately If you cannot make complete shipment to ounce on your Imposed delivery date as noted. Time is of Me essence. Delivery and performance most be effected within the time stated on Me purchase order and Me documents attached hereto. No acts of the Lunchrooms incluMO& without limitation, acceptance of partied late deliveries, shill Operate as a waiver of this provision. In Me event of any delay. Me Purhaser shill have, in addition to other legal and equitable rearreNe. Me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its bolt of negligence, such act¢ of God, acts of civil or milh w, am rmar ,governmental priorities, fires, stokes, food, epidemics wars or nuts provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of me time when Me Seller firm received knowledge thereof, In the event of any such delay, Me data of delivery shall be extended for Me period equal to Me time actually last by prawn of Me delay. 3. WARRANTY. The Seller owners Mat all goads, amcles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deuriptions given, will be fit for Me purposes intended, and 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 Me purchaser harmless fmm any loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cast to Me purchaser, my defects or faults arising within one (1) year or within such longer proud of time as may he prescribed by law or by Me arm of any applicable aanxnry provided by Me Sella after Me due of acceptance of Me goods furnished hereunder (acceptance not be unreawnably delayed), resulting from imperfect or defective work done or materials furnished by Me Seller. Acceptance or use of goods by Me Purchaser Mat] not romance a waiver of any claim under Mis warranty. Except az otherwise provided in this purchase order. Me Sellers liability hereunder shall extend to all damages proximately caused by Me breach of my of Me foregoing warranties or guaranmes, but such liability shall in no event include lam of profit or loss of we, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser man may ake y changes to Me terms. other Nan legal terms, including additi or deletions from Me quantities ominously iously ordered in Me specifications or convoke, by verbal o en change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may m my time by wriuen change order, terminate this agreement as to any or all portions of Me goods Men not shipped, subject to my equhable adjustment between the parties as to any work or mammals then in progress provided Mat Me Purchaser shall not be liable for any claims for anticipated profits on the uncomplacd potion of Me goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of Me Seller —M respect to any goods which ara Me Sellers standard stock. No such termination shall reline Me Purchaser or the Seller ofany oftheir Obligations as to my good delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date Me change or termination is ordered. g. COMPLIANCE WITH LAW, The Seller warrants Mat all goods and hereunder shill have been produced, sold, delivered and famished in mart mmplimee with all applicable laws and regulations to which Me goods are 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 incorporated in agreements of Mis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by Me Purchaser as a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry shall assign, vaaus@, or survey this order, or my monies due or to become due hereunder without Me prior wnnm consent of Me other parry. 10. TITLE. The Sel ter warrants full, clear and onrest ricord title to Me Lumbar or far al equipment, materials, and items famished in performmce of Mis agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrance and clams of others. Iq. PATENTS. Whenever Me Seller is required m use my design, device, material or process covered by Inner, parrot, pademark or copyright, Me Seller shall indemnify and save harmless Me Purchaser from any and all claims for infringement by reason of me use of such patented design, device, marrow or process in connection with Me compact, 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 Me prosecution or after the completion of Me work. In case said equipment, or any part thereof or Me Intended use of Me goods, is in such suit held to constiure infringement and Me use of said equipment or pan is enjoineaL Me Seller shall, at its own expense and an its option, either, procure for me Purchase Me right to continue using said equipment or pans, replace Me same —M substantially artW boo mainGnging equipment, or modify it ao it becomes mninfnging. 15. INSOLVENCY, If me Seller shall become insolvent or bmkupt make an assignment for Me benefit of creditors, appoint a receiver or trustee for my of Me Sellers property or business, Mis order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The clef itions ofams used or Me interpretation ofthe agreement and the rights ofall parties hereunder shall be constmed under and governed by Me laws of me Stain of Colorado, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder, including Me services of Sellers Repreaemazive(s), on Me premises informers IT. SELLERS RESPONSIBILITY. The Seller shell carry on said work in Sellers own risk until Me same is fully completed and accepted, and shall, in e of my accident, dcsmction or injury to the cork and/or materials before Sellers final completion and acceptance, comp) we Me work at Seller's own extreme and to the satisfaction of the Purchaser. When materials and equipment are famished by others for complainant or erection by Me Seller, the Seller shall receive, unload, more and handle same at Me site and become responsible therefor as though such maemors and/or equlpmmr were being furnished by Me Sel ler under the other. 18 INSURANCE. The Seller shell, in his own expense, provide for Me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Me work covered by this purchase other, and/or to their dependcm in accordance with Me laws of Me stare in which the work is to be done. The Seller shall ships carry comprehensive general liability including, but not limited to, communal and automobile public lost insurance with Wilily may and death limits of at lent 5Jro.raw for my one peso, S500,000 for any one accident and property, damage limit Par accident of S400j". The Seller shall likewise require his oventracrom, if any, to provide for such compensation and insurance. Before my of Me Sellers or his contmeors employees Mall do my work upon Me premises of others, the Seller shill furnish Me Purchaser wiM a empficate Nat such compensation and insurance have been provided. Such certificates shill specify Me data when such compensation and improper, have been provided. Such cenif tale shall specify the dare when such compensation and Insurance expires. The Seller agrees that such compensation and insurance shall be mamaned until after Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aewna the mtim responsibility and liability for my and ill damage, loss or injury of my kind or nature whatsoever to warons or prepare, carried by or resulting from Me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Me Purchaser and my or all of the Purchasers officers, agents and employees from and almost any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persona or property m which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Me pan of Me Seller, my of his a prance , or my of me Sellers or examacwrs officers, agents or employees. In sxu my suit or other proceedings shill be brought against me Purchaser, or its officers, agents or employees at any time an account or by a. of my act, anion, neglea, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, Me Seller hereby ageas an assume Me defense thereof and an defend Me same at Me Sellers awn expense, to pay my and all costs, charges, anamrys fees and other expenses, my and all judgments Mat may be incurred by or obtained against Me Purchaser or any of its or their Officers agents or employees in such sits or other proceedings, and in case judgment or other lien be plural upon or obtained against the property of Me purchase, or said pampa M or as a result Of such suits or other proceedings, Me Seller will m once cause Me same to be dissolved and discharged by giving band or ome ccom, The Seller and his contractors shall take all vfery precautions, famish and InsW l ill guard necessary for Me prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, Me Occupational Safety and Health Act of 1970 and all rulas and regulations issued pursuant thereto. Revised 072014