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HomeMy WebLinkAbout106898 FARIS MACHINERY CO - PURCHASE ORDER - 9123106PURCHASE ORDER PO Number Page City OfCollins ��� 9123106 1 of z FortFort Gol f n C This number must appear ` J on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 106898 Ship To: WATER UTILITIES FARIS MACHINERY CO CITY OF FORT COLLINS 5770 E 77TH AVE 700 WOOD ST COMMERCE CITY Colorado 80022-1044 FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price MECHANICAL & HEAVY EQUIP 1 LOT LS 30,980.00 K00015 Total C3 OYIR�-s-Q. � Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DFTAII.S. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0N502. Federal Exeisc Tax Excmptlm Certificate of Registry R4-60005R7 is registered with the Collector of Internal Revenue. Dcnveq Colorado (Ref Colorado Revised Statutes 1973, Chapter 59-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, citha when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written instmctiott from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomancc of the tans and conditions hereof, failure or delay to cxcreisc any rights or remedle, provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor pavment for goods hereunder Or approval ofthe design shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be decreed a waiver array right of the purchaser to insist upon strict perfomancc hereoforany of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral nrodificmimt or rescission of this purchase order by the Purchaser operate as a .waiver of tiny of the terms hereof. Final Acceptance. Receipt Of the merchandise. services or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nuthnnzed payment on the pan of the City of Fort Collins Ilowever, it is to be nndecstood that FINAL. Seller and fire Purchaser recognize that in actual economic practice, overcharges resulting fmm antitn¢t ACCEPTANCE is d ycndent upon completion Mall applicable required inspection procedures. violations are in fact borne by the Purchaser. I heretofore, for good cause and as consideration for escenting this purchase order, the Seller hereby assigns to the Purchaser env and all claims it may nova have or hereafter Freight Terns Shipments must he EO.B.. City of Fen Collins, RN) Word Sl., Fort Collins CO 80522, unless acquired under federal or state ratitnt,t laws for such overcharges relating to the particular goods or services otherwise specified on this order. If remission is given to prepay freight and charge separately, the original freight purchased or ncgnirnl by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manuhacturcrs have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when shipments are made From greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the mark of vendor. Seller hmher agrees to hold the City of Fort Collins hamless fmm and against all liability and loss incurred by them by reason of an asserted or established vitiation of any such laws, regulations ordinances, notes and requirements. Anthoovalma. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller ore objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive no your promised delivery date as noted. Time is ofthe essence. Delivery and Performance must be effected within the time stated tin the franchise 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 prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option nfplaciag this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to cruses not reasonably foursecable which arc beyond its reasonable control and without its fault of negligence, .such acts Of Gad. acts of civil or military mnharitics, governmental priorities, fires, strikes food, epidemics, 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 Brsl received knowledge thereof. In the event of any much delay, the dale cf delivery shall be extended for the period equal in the time actually lost by reason ofthe delay. ).WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for fire pa execs intended. and performed with the highest degree of care and competence in accunhom, with accepted standards In, work Of a similar nature. The Seller agrees to hold the purchaser harmless from any Inns, damage ar expcn,c which file Purchnscr may suffer or incur on account of the Seller, breach Of wamnty. The Seller shall replace, repair or make good. withnat cost In the purchaser, any defects or Gulls arising within one (1) year or o'ithin such longer period of time as may be pmscribed by law, or by the tents of any applicable warranty pmvided by the Seller after the date Of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfcct or defective work done or materials famished by the Seller. Aeaptnncc or use of good by the Purchaser shall nal constitute a waiver ofany claim under this waranN. Except us athenvise pmvided in this purchase order, the Scllcrs liability hereunder sho 11 extend to all damages proximately caused by the breach of any of the foregoing mammies or guarantees. but such liability sho 11 in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS - The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change orler. If any such change affects the amount due or the time ofperforromme hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by wTumn change order. Icmtialte this agreement as to any or all portions of the goods then not shipped. subject to any cquitublc adjnstmcnt between the parties as funny work or materials then in pmgacss Provided that the Purchaser shall rim be liable for any claims for anticipated profits on the uncompleted portion Tithe goods and/or work, for incidenal or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchnscr or the Seller of any of their obligations as to any goasis delivered hcrcnndcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or Iemination is ordered. A. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. said, delivered and furnished in shicl compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect Or evidence compliance All lawsand regulations required to be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Pnrchascr hornless from all costs and damages suffered by the Purchaser is a result of the Scllcrs 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 hcrcnndcr without be prior written consent of the other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Pumha,er for all equipment, malerials and items furnished in performance of this agreement, free and clear of any and all liens. restrictions. reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer noneonfoming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller Ihcrcafwr indicates its inability or unmillingnec to comply, the Purchaser may cause the work to be Performed by the must expeditious means available to it, and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims orally nature resulting fmm the performance of sach work. This release shall apply even in the event of fault of negligence of the parry released and shall c ovnd to the directors, officers, and employees ofsueh party. The Seller's contractual obligations including warmnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Parchnser. 14. PATENTS. Whenever the Seller is rcquircd to ttse any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, dreice. material or process in connection with the contract, rod shall indemnify the Purchaser for any cast. cxpcnsc of damage which it nmv be obliged ro pay by'reason mf,uch infringement at any time during the prosecution or alicr the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such .suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its non expense and at its option, either Fracture for the Pnrchascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it Incomes nminfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankropl, make an assignment for the benefit of creditors, appoint a receiver or tmsfce for any of the Sellers property or business, this order may forthwith be canceled by the Purchnscr without linbiliN. 16. GOVERNING LAW. The definitions Of arms used or the imctprmation of the agreement and the rights craft panics hcramdcr shall be ennstmnl under and governed by the Inws N'the Sam Of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work Immundcr. including the senices of Sellers Represenallve(s), on the premises ofodmis. 17. SELLERS RESPONSIBILITY. The Seller shall corn on said work at Seller's Own risk until the same is fully completed and accepted and shall, in ease Many ace ideal, destruction Or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive. unload. ,tore and handle same to the site and become rcspensiblc therefor as though such materials and/or equipment were being famished by the Seller under the order. IR. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers conrpen,ition, including occupational disease bcnefls, to it, cntpin ov,, employed on or in connection with the work covered by this purchase order. and/or m their IcpvTdvnt, in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liubili ly ertc in airh bodfa ily int)' and den th 1in�if, of tit Ic-1 5300.000 for any o pu. $500.000 for any One accident;md property damage limit per accident of S400,000. The Seller shall likewi,c require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employccs shall do any work upon the premise, of others, the Seller shall furnish the Purchaser will, n ccrtifirmc that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and inswmnce have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumace shall be mainained umil afer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DA MAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature w'hafsocwcr to persons or praperty caused by or resulting from the execution ofthe work provided for in this purchase order ar in connection herewith. The Seller will indemnify and hold haril the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims. lasses. damage,. charges or expenses. vv'h,lh,, direct or indirect. and whether to persnns or property to which the Purchaser env be put or subject by reason of any act aclion. neglect, omission or default col the pan of the Seller, any of his contmcturs, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its oficcrs. agents or employees at any time On uceounl or by reason of any act, action, neglect, ounksma or default of the Seller of any of his contractors or any of it, or their officers, agents or employees is aforesaid. the Seller hereby agrees to assume the defense thereof and in defend the same at the Scllcrs awn cxpcnsc, to pay any and all costs, charges, amomcys fees and other expenses, any and n11 judgments that may be incurred by or obtained against the Purchaser or any of its or their o(Occ s, agents or em ployee% in such snits or other proceedings. and in case judgment or other lien he placed upon or obtained against the property of the Purchnscr, or said panics in or as a result ofsuch suits or other pmccedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of necidents, comply with all laws and regulations with regard to to few including, but without limitation. the Occupational Snfcry and Health Act of 1970 and till roles and regulations issued pursuant dweem. Revised 032010