HomeMy WebLinkAbout119019 INTERMOUNTAIN SALES OF DENVER INC - PURCHASE ORDER - 9122001PURCHASE ORDER PO Number Page
City Of9122001 t of 2
Flirt Collins This number must appear
,��—J`-' ` on all invoices, packing
slips and labels.
Date: 04/0512012
Vendor: 119019
INTERMOUNTAIN SALES OF DENVER INC.
3792 S LIPAN ST
ENGLEWOOD Colorado 80100-3454
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date:
04/05/2012
Buyer: JAMES HUME
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Stanley Hyd Power Unit 1 LOT LS 5,665.00
per quote # 2167
Attn: Jay Klein
Dept: Water Utility
Deliver unit to:
Fleet Main Shop, 835 Wood Street, Fort Collins, CO 970-221-6613
C3. O"✓le �a2 J�-
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO
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
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local tmos. Our Exemption Number is 11. NONWAIVER.
99-04502. Federal Excise Tax Exemption Certificate of Registry 94-60g)O5R7 is registered with the Collector of Failure of the Purchaser to insist apnn strict performance of file terms and condition, herror, failure of delay to
hacrral Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1073. Chapter 39-26. 114 (a), cxcrcise any rights or remedies Provided herein or by law, faihne to promptly notify the Seller in the recta of a
breach, the acceptance efor payment for goods hcramder or approval of the design, shall tot please the Seller of
Goods Rejected. GOODS REJECTED due to failure m mccl specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase enter and shall not he deemed a waiver of any right of the
damage in transit, may be returned to you for credit and arc not to be replaced except open receipt of written purchaser to insist upon strict performance hcrcobnr any of its rights or rcmci ies 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 shall any purported
am] modification car rescission of this purchase ender by the Purchoscr operate as a waiver of any of the terns
Inspection. GOODS arc su eject to the City offing Collins inspection on nrrivol. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12_ ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fen Collins. Hm c,c,. it is to be understood that FINAL Seller and the Purchaser recognize that in aemal economic practice, overcharges resulting from organist
ACCEPTANCE is dependent upon completion ofadl applicable required inspection procedures. violations arc in fact borne by the Piimhucr. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby arc igns to the Purchaser any and all claims it may now have Or hereafter
Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 WnM St. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase aide,.
bill must accompany invoice. Additional charges for packing will net be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest dwribirion point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seiler tbcrcancr indicates its inability or unwillingness to comply. the Purchaser
shipments or made from greater distance, may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all
costs associated with such mark.
Permits Seller shall procure at sellers sole cast all necessary permits, certificates and Ikea,,, required by all
applicable laws, regulations. ordinances and talcs of the state. municipality. territory or political subdivision where
the work is performed, or required by any other duly canstitntied public anthonty having jurisdiction over the work
of vendor. Seiler further agrees to hold the City of Fog Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives arc, in feet, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the tans and conditions stated
herein set forth and any supplementary lm additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or dilfcrent temw and conditions propnscd by seller arc objected to and hereby ricicoled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date os noted. Time is of the essence. Delivery and performance must he effecad within the time
,tried ran the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of -partial late deliveries. shall operate 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 pincing this order elsewhere
and holding the Seller liable for damages I Iowever, the Scllcr shall not he liable for damages as it result of delays
due to causes not reasonably forcsccoble which are beyond its normaablc central and wiflmm it fault ofnegligence.
such acts of Gad. act, ofeivil or military outhoritio, governmental priorities, fires, strikes Rood, epidemics, wars or
Tints provided that notice of the conditions causing such delay is given to the Purchaser within fine (5) days of the
time when the Seller first received knowledge thereof. In the event crony such delay. The date of dclivcry shall be
extended for the period equal to the time actually lost by rcrmn ofthe delay.
3. WARRANTY.
The Scllcr warrants that all goods articles, materials and work covered by this order will conform with applicable
drawings, specifieatinns, samples and/or other dcaripfione given, will be fit for the pirgmes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seiler agrees In hold the purchaser harmless from any loss damage or expense which the
Purchaser may stiffer or incur ran account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time it, may be prescribed by law or by The ems crony applicable mammy provided be the Seiler after the date of
acceptance of the goods garnished hereunder (amcp oucc not to be unreasonably delaved), resulting from impel&et
or defective work done or materials furnished by the Seiler. Acceptance ar use of good, by the Purchaser shall not
constitute a waiver ofany claim under this warm nty. Except as other, ise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics
or guaantca, but .inch liability shall in no event include dos, of profits or loss of use. NO 1\1 PLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change anler.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents, other than legal terms. including additions to or deletions from
the cpomiuics originally crdercd in the specification, or drawings, by verbal or mermen change notice. If any such
change affects the amount due or the time of perfarman rc hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may of any time by written change order, terminate this agrecnem as to any or all paintings of the
goods then not shipped, subject to any equitable adjustment bemscen the panics as to any work Or materials then in
pe,,,, pmvidcd that the Purchaser shall nut he liable for any claims for anticipated pelts on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such recognition .shall relieve
the Purchaser or the Seller Orion, of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mom be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sell] hereunder shall have been Produced. sold, delivered and famished in strict
compliance with all applicable laws and rcgmlations In which the goods are subject. The Seller shall csec atc and
deliver snch documents ns nine be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements Think chameer are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchacer hnmlas from all costs and charges suffered by the Purchaser as a restlt of the
Seller, failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without file
pear written Tumoral of the other party.
10. TITLE.
The Seiler wamnts full, clear and unrestricted liar, to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement free and clear of any and all [teas, restrictions reservations, security interest
encumbrances and claims ebmhers.
The Seller shall release the Purchaser and its contractors of any fact brain all liability and claims of any nature
resulting from the performance nfsuch work.
This release shall apply even in the went of fault of negligence of the pony released ,ad shall extend to the
directors, oRcers and employees oLsuch party.
The Seller's enatraaftol obligations, including womanly, shall not be deemed In he reduced, in any way, herauac
such work is performed nr caused to be performed by the Purchaser.
14. PATFNTS.
Whenever the Scllcr i, required to use any design, device. material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnifv and save harmless the Puralascr from any and all claims for infringement
by reason of the use of such patemed design, device, material nr process in connection with the contract and
shall indemnify the Purchoscr for any co,l, expose ar dmnrge which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or alter the completion of the %Fork. In case said equipmenT. or
any part thereof Or the intended use of the goods, is in such suit held to constitute infringcment and the use of
said equipment or Pan i, enjoined. the Seller shall, of its men expense mud at its option. either procure far the
Purchasc, the ,iglu to eonrinue using said equiparcal or parts, replace the sans with substamiolly equal but
noninfringing equipment or modify, it so it becomes mminfringiag.
15, INSOLVENCY.
If the Seller shall become insolvent or hanky pt make on assignment for the benefit of creditor;, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith he eanccicd by the
Parchascr without liability.
16. GOVERNING LAW.
The dcfinidoacof ferns used Or the interpretation of the agrecment and the rights of NI parties hereunder shall be
convened under and governed by the Imes of The State of Colomdo. USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perfom work hereunder,
including the services of Scllcrs ReprcsenLtive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to file work and/or materials before Seller's final completion and
zecepance. complete the work of Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller. the Scller shall receive, unload.
store and handle ,are at the site and become responsible therefor as though such "aerials and/or equipment
were being furnished by the Scllcr under the order.
IR. INSURANCE.
The Seller shall, at his own expense, particle for the payment of workers compensation, including occupational
disease benefits, to its employee, 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 state in which the work is to be done. The Seller
shall also wrty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance .with bOSlily injury and devM1 limits of at least S306.000 for any one pcmnn, S506.000 for any
one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his
contractors, gray. to Particle f r such compensation and insurance. Before any ofthe Sellers or his conmetors
employee, shall do any work upon the promise of eaters, the Seller shall furnish file Pumhaer with a cenificme
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance hoc been provided. Such certificaes shall specify the date when such compensation
and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINSI-ACCIDENTS AND DAMAGES.
The Seller hereby ossumcs the entire Icspnnsibility, and liability fnr any and all damage. loss or injury crafty kind
or nature wlafsorver to persons or Propem caused by or resulting from the execution of the work provided for in
this purchase TrICTOr in connection herewith. The Seller will indemnify and hold hammers fire Purchoscr and any
or all of the Purchasers officers. agents and employees farm and against any and all claims, lasses. damages.
charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser may
be pin or sahica by reason crony net, action, neglect, Omission or default an file pan Of the Scllcr, any of hi,
contractors, or any of the Sellers or contractors oRecrs, agents or employees, In case any suit or other
proceedings shall be brought agair,l the Purchaser, ar its Oftheol. agents or cnsPIOeceS at any time no account or
by reason offlay act action, neglect. cooksion or defmdl of the Seller of any of his contractors or any of its or
their ofccers, agents or employee as nforemid. the Seller hereby ogrecS to assume the defense thereof and to
defend ibe serum at The Sellers own experts,, to pry pry and oil cngs. charges, nhomcys fees and other expenses,
any and all judgments that may he incurred by or obtained against flue Purchaser or any of its or their officers.
agcols or employees in such ,writs or other proceedings, and in case judgmcnl or other lien he placed upon or
obtained against the property of the Purchoscr, or said parties in or as a result of such Suit, Or Other proceedings.
the Seller will at once cause file same In be dissolved and diWIlmged by giving bond Or otherwise. The Seller and
his contractors shall fake oil safety prccoufions, furnish and install all guard, necessary fnr the Prevention of
accidents, confide with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regudatinn, issued pursuant thereto.
Rcviscd 03/2010