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HomeMy WebLinkAbout119019 INTERMOUNTAIN SALES OF DENVER INC - PURCHASE ORDER - 9123078PURCHASE ORDER PO Number Page City Of9123078 1 of z Flirt Con all i tuber mustpacking /_,!`'`�,J`' CollinsJ on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 119019 Ship To: WATER UTILITIES INTERMOUNTAIN SALES OF DENVER INC. CITY OF FORT COLLINS 3792 S LIPAN ST 700 WOOD ST ENGLEWOOD Colorado 80100-3454 FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price GT 181302 Stanley 1 LOT LS 5,665.00 Power Unit per quote #2167, Attn: Jay Klein Dept: Water Utilities Deliver unit to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613, Joe or Eric Total $5,665.00 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 Fart 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 Tcnns and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-r 502. Federal Excise Tax Exemption Certificate of Registry 94-6090587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in transit, may be rcturned m you for credit and are not to be replaced except upon receipt of written instructions from the City of Port Collins. Inspection. GOODS arc snbjcct to the Citv of Fort Collins inspection on arrival. 11. NONWAIVER.rc Failure of the Puhascr to insist opfin strict performance of the Icrma and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure In mmmptly notify the Seller in the event of a breach. the aceepunee ofor payment for good hereunder or approval rffl a design, shall not release the Seller of any of the isarmmics or obligations of this purchase order and shall not he decreed a waiver of any right of the purchaser to insist upon strict performance hereofor any of it rights or rcmcdics as to any such goods, regardless of when shipped, received or accepted. as to any prior or sabsequent default hereunder, nor shall any purported and mtxlificmion or rescission of this purchase order by the Purchaser operate is a waiver of any of the leans hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. auflu nzed payment on the part of the City of Fun Collins, However. it is to he undeNread that FINAL Seller null the Purchaser rccogaim that in actual economic practice, nvcrcharges resulting from antilmsl ACCEPTANCr: is dependent upon completion of all applicable required inspection pmccdmres. viehlions arc in fact borne by the Purchaser. Theretofore, for good cause and as coasidcmlion for executing this purchase order, the Seller hereby assigns to the Purchaser any find all finials it mom now have or hcrelner Freight 'rermc. Shipments most be EO.B., City of Fort Collins. 700 World St., Fort Collins. CO 90522. unless nequired under federal or .state ,antitrust laws for such overcharges rcifting to the particular good or service otherwise specified oa this order. If permission is given to pmpayfreight and charge separately, the original freight porelimed or nequired by the Purchascr pursuant to this purchase alder. bill must accompany invoice. Additinnal charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Tribe Purchaser dimcls the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchascr and the Scllcr.rnd the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made free, greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay nil costs wsoeialed with such week. Permit. Seller shall procure at ,sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, tenimry or political Subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller timber agrees to hold the City of Tom Collins harmless from and against all liability and loss incurred by them by eerie. of an asserted or established violation of any such laws, regulations, ordinances, mlex and usp irconerm Authorization. All parties to this contract agree that the representative, arc, in fact. bona fide and possess full and complee mnhonty to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions Stated herein set forth and any Supplementary, or additional terms and conditions annexed herein or incorporated herein by reference. Any additional fir different terms and conditions proposed by sdlcr me objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE; PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Tim, is of the essence. beivery and performance must he effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, neecpnnec of partial late deliveries, shall operate as a waiver of this prevision. In the c%cnl crony delay. the Purchascr shall have, in addition m other legal and equitable rcmcdics, the option of placing this order elsewhere mad holding the Seller liable for damages. However. the Seller shall not be liable fur damngcs as a result of delays due m causes net rcasanably fatcsecable which arc beyond its reasonable central and without its fault oftegligence, such acts ol-God, acts ofcivil or military aathootia, gowemmental priorities, fires, strikes. flood, epidemics. wars or riots provided that notice write conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the peried equal Indic time actually lost by reason of the delay. i, WARRANTY. The Seiler womats that all gaols articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anther other descriptions given, will be fit for the 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 the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of w:ronmy. The Seller sleill replace. repair Of make good, without cost to the purchaser, any defects or mults arising within one (1) year or within such longer period of timers may he prescribed by law or by the terms of any applicable wxrnnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this aumnty. Except as otherwise provided in this purchase order the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing want, ntics or gaarra ces, but such liability shall in no event include loss of prel is or rocs of ass.. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. A. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CIIANGES IN COMMERCIAL TERSIS. The Purchaser may make any changes to the terms. other than legal terms. including additions to or deletions from the gnanliuics originally ordered in the specifications or dneeings, by verbal or written change order. If any such change ntfcct the amount due or the time ofperforrancc hereunder. an equitable adjustment Shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, termiftle this agreement as to any or all portions of the gout then net shipped, subject to any equitable adjustment hetwcen the parties as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profit 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 any the Scllcrs Standard stock. No such tcrmination Shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within [him' (30) days from the date the change or termination is notated. S. COMPLIANCE WITH LAW. The Seiler s,.amars that all grand, sold hereunder shall have been produced. sold, delivered and furnished in Strict compliance with all applicable laws and regulations to which the goods ate subject. The Seller Shall execute and deliver such doenment as may be required to effect or evidence compliance. All laws and regulations required to be immrporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdes from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany.shall assign. transfer, or convey this order, or aqy monies due or to become doe hereunder withmn thc prior written consent of the other party. 10. TITLE. The Scllenvarrants full, charted unrestricted tide to the Purchaser for all equipment materials, ind items furnished in perfmmunec of this agreement. free and clear of any and all liens, restrictions, reservations, security interest cneumhmnccs and claims of others. The Seller shill release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the perfrumm," of ouch work. This release shall apply even in the went of fault of negligence of the pony released and shall extend to the directors, nRccrs and employees ofsech party, The Seller's contractual obligations, including warmrty, Shall not he deemed to be reduced, in any way. because such work is performed fir caused to be performed by the Purchaser. Id. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trndcmak or copyright the Scllcr shall indemnify, and save han less the Pluchaser from any and all cbotrss for infringement by reason of the use of such patcatcd design, devic , material or process in connection with the contract, and ,shall indenntify the Purchascr for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any tin¢ during the pmsecutinn or alley the eomplelien .(the work. In case said equipment, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the Same with substantially equal but noninfringing equipment or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall baoale insolvent or bankrupt. make an assignment for the hsncnt of crnfimrs, appoint a receiver or trustee for any of the Sellers property or business, this onto only fonts,ith be canceled by the Pumhnscr without liability. 16. GOVERNING LAW, The definitions of teats used or the interpretation of the agreement and the rights ofall panics hacunder shall be construed under and gnvemcd by the Jars ofthe State of Colum do. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the sen'ices of Scticm Reprcscntative(s), ran the pmmiscs ofothcrs. 17. SELLERS RF.SPONSIBILi UY. The Scllcr Shull carry ran said work at Scllcr's own risk until the ,same is fully completed and accepted, mod shall. in case of ary accident datmetion or injury to the work mailer materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfnetinn of the Purchascr. When materials and equipnwnt are funished by others for instollatinn or erection by the Seller. the Seller shall receive. unload. store and handle same at the site and become responsible therefor is though such materials and/or equipment were being furnished by the Seller under. the order. 18. INSURANCE. The Seller shall. at his own expense. provide for the payment of workers compensation. including occupational disease benefit, to its employees employed no of in connection wire the work covered by this purchase order, and/fir to their dependents 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 liability insurance with hrdlily injury and death limits of at [cast S300,000 for any nnc person. S500.000 for tiny one accident and prl damage limit per accident of S400.0011. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any .work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that Such compensation and insurance have been provided. Such certificates shall specify' the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensaion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire ssork is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy nxsimcs the entire responsibility and liability for any and all drmige, loss or injury of any kind furniture wbutsnever to person or property caused by or resulting from the execution of the work provided for in this purchase order or in conneetinn herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and cmpleeles from and against any and ill claims, losses, damngcs. charges or expenses whdher direct or indirect, and wh,ther to persons or property to which the Purchaser nmv he Put or s lbjeet by reason of any act action, reflect onuissinn or demult on the part of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit of other Proceedings shall be hrnught against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense to pay any and all costs, charges, avomgs flees and other expenses. any and all judgments that may be incurred by or obtained against the PurchaSer or any of its or their officers. ,agents or employees in Such suit or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchascr, or said panics in fir as it result of Such 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 safely precautions, furnish and install all gurnls necessary for the prevention of accidents, comply with all Imss and regulations with regard to Safety including. but without limitation, the Occnpntional Safety and l health Act of 1970 and all rules and regulations issued porsnant thereto. Revised 0312010