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HomeMy WebLinkAbout494784 SERVITECH INC - PURCHASE ORDER - 9141512Fort Collins Date: 03/11/2014 Vendor: 494784 SERVITECH INC PO BOX 371482 DENVER CO 80237 Delivery Date: 03/11/2014 Note: Line Description I��J t M 4 Eel N 1 PO Number Page 9141512 1013 This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 PATJOHNSON Quantity UOM Unit Price Extend' Ordered Price 1 AXIS Q1602-E 1 LOT LS 5,170.00 3 UNITS X $1,034.00 EA 2 AXIS 5503-171 1 LOT LS 908.00 4 UNITS X $227.15 EA 3 AXIS Q1765-LE 1 LOT LS 1,206.00 1 UNIT 4 AXISQ1614-E 1 LOT LS 1,206.00 2 UNITS X $1,206.00 5 AXIST9oA42 1 LOT LS 1,465.00 Invoice Address: 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 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@fogov.com PO BOX 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9141512 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 1 UNIT 6 AXIS T98A16-VE 1 LOT LS 232.00 1 UNIT 7 AXIS 0217-091 1 LOT LS 198.00 6 UNITS X $33.00 EA e AXIS 0217-071 1 LOT LS 510.00 6 UNITS X $85.00 EA 9 AXIS 0217-081 1 LOT LS 348.00 6 UNITS X $58.00 EA PER QUOTE # 14-905-03, DATED 2/21/2014 FAX ORDER TO WAYNE CALDERONE AT wayne.calderone@servitechinc.com 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@fogov.com Invoice Address: , City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIALDETAIIS. Tax exemptions. By sartum the City of Fan Collin is exempt from crate and local nixes. Our Exemption Numbs is 11. NONWAIVER. 98A4502. Federal Excise Tax Exemption Cenifcam of Registry 84fi000589 is regiaterd with the Collector of Failure of the Purchaser to insist upon strict performance of the mast and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of o breach, the acceptance ofor payment for goods hereunder or approval ofthe design, atoll not micaseme Seller of Goods Rejected. GOODS REIECTED due m fie lam to area sp atfieff our, either when shipped ar due to defects Of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in rcansit, may be returned 10 you for credit and ate not to be replaced except upon receipt of written purchaser 1. insist upon strict performance hereof or any Of its rights a remedies us to any such goods, regardless inumbirm from me City of Fan Collins. of when shippml, received or accepted, . to my prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this pumhese order by the Purchaser not u a waiver of any of fe tears Impaction. GOODS are subject to de, City of Pon Collins inspection on arrival. hereof. Ft.[ Acceptance. Receipt of the merchandise, services or equipment in response to this order tun result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhorized payment on the pan of he City of Fan Collins. Iloweveu it is to be, understood that FINAL Seller and the Purchaser recognim that in anal et, ov is practice, emharges resulting from antitrust economic ACCEPTANCE o dependent upon completion ofall applicable required inspection procedures. violations are in fact home 1, the Rinehart Theretofore, good cause and m consideration for executing this purchase order, the Seller hereby ass,m to the Purchuer any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Pon Collins, 700 Wood Sr, pun Collins, CO 80522, unless acquired under (dent o, state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this oiler. Upermission is given to prepay freight and charge separately, me Original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must w ampany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When, ..at... have distributing points in n pans of me comtry, shipment is Ifthe Purchaser direct the Seller to coned nonconforming or defective goods by a date m Is, agreed upon by the expected farm me marml distribution Point in destination, and acas fire ghe will be deducted farm Invoice when Purchaser and the Seller, and fie Seller thereafter indicates its inability or unwillingness to comply, fe Purchaser shipment are made from greater distanc, may cause the work to be perfomd by the most .,data. mean available 1. R. and the Seller shall pay all costs assewimad with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, cenifcates and licenses requiral by all applicable laws, regulations, ordhnances and rules of the suite, municipality, territory or political subdivision where The Setter shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature the work is perforated, or required by any other dirty uortrtutd Public.aehoriry h:sogjunsdiction over oe work resulting hum the raftrumace ofsuch work. of verdict, Seller further agrees to hold the City of Fon Collins harmless from and against all liability and Ins incurred by them by reason of an asserted or established vialmion of any such laws, regulations, mhounces, rules This release shall apply even in the event of fault of negligence of the parry raleasd and shall extend to the and rcquin ments. directors, offices and employees ofsuch party. Authoralatioo. All panic to this contrast agrer that the repn,xnmiva are, is fxt, boas file and possess full cod complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenor and conditions stated herein set font and my supplementary or additional moms and conditions annexed herein or incoryomled herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery dale. noted. Time is mfie essence Delivery and performance must be efamd within the time soled on the ptuchau order ad the dommmt atuchd hereto. No over of the Purchasers including, without limitation, aceeptmre of,Pial line ddiven is, shah operate m a waiver errors Provision. In on event army delay, the Purchaser shall have, in i ddifion to other legal and ex likable remedies, the option i f placing Nis ardea elsewhere and holdin6 the Sella liable for damages. However, the Sella shall not I< liable for damages u a result of delays due to causes nor vasonably fires b able which art beyond its reasonable control and without it fault of negligence, such act of God, act ofcivil or military authorities, goaammmml pdomles, fires, stakes, flood, 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 first received knowledge thentuf. In the event Of any such delay, the date of delivery shall be extended for the period egmI ache lime actual ly lost by reason of the delay. 3. WARRANTY. The Seller warrants quit all goods, articles, mmeriuB am work covered by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fit for the puryoses intended, and performed cif the highest degree of care and competence in accordance with accepted standards for work of a similar name, The Sella agrees a hold the purchaser hartnlas from my Ins, 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, any defects or fail. arising within one (I) year or within such longer paid of time as may be prescribed by law or by the terms of any appl i.able warranty provided by the Seller after the dart of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials f ishd by the Seller. Acceptance or use of goods by the Purchaser shall not omtimm a waiver of my claim under this warranty. Except. otherwise provided in this purchase order, the Sellers liability hereanda shall extend m all damages pr.imately caused by the breach of my of me foregoing warranties a guarantees, but such liability shall in no event include lass of profit m tom of.a. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mom by written change order. 5. CHANGES IN COMMERCI Al. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in fie specification or drawings, by verbal or written change order. If any such change attest me ...at due m the time Of perfrmann hereunder,. equitable adjustment shall be made. 6. TERMINATIONS. The Purchma may at my time by written ichrom, cables, winnin 1. this aluminum, . to any or all sonde. of the goods then not shipped, subject to my equitable adjustment betwern the parties Us to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prams on fie uncompleted portion of the goods andor work, for incidental or conseluemial damages, and that m such adjustment be made in favor of the Seller with respect to any speak; which are the Sel tars standard stuck. No such termination soul relieve ,he Purchaser ur the Seller ol'any of their mtigmiur, as w any Goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most od asserted within thirty (30) days from the date the change m temtmtion is me red. 8. COMPLIANCE WITH LAW. The Seller wmrearm fur all goods sold beremder shall have been produced, said. delivered and fmishd in stria compliance with all applicable laws and regulations to which the goods art subject. Ile Seller shall execute and deliver such documents as may be required to effect Or evidence compliance. All laws and regulations required to M incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchuer harmless from al l costs and damages suffered by the Purchaser as a result of the Sellers forms to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, qualifier, or convey this order, or any marries due or to became due has urda without the prior semen consent of the other parry. , 10. TITLE. The Seller warrants full, clear and arre cricted title to the Purchuer for all equipment, maernk, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Sellers contmdml obliged.., including wormmy, shall not the, dermd to be palmed. in my way, becates, such work is perfmmd or caused m be peR d by the Purchuer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, Patent, trademark Or cnpys,ht, 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, device, material or process in connection with the contract, and shall indemnify the 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 alter the completion of the work. In case said equipment, or any Pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it own expertise and at it option, either precum for the Purchuer fie night t. ammue Using said egaipment or parts, replace fie same with sabsmnlially tyml but noninfringing equipment, or modify it set it became, noninfringing. 15. INSOLVENCY. If the Sella shall beconm insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of mast u5d m fie inher,mandon ofthe agreement and the lights of all parties harmonic, shall be ca.nved order mM governed by the lases of the Smut of Colorado, USA. The following Additional Conditions apply Only in was where the Sella is to perform work hereunder, including the services of Sellers Ra mscnmtive(s), ..,he premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until fe same is filly complete and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense aM to the satisfaction of the Purchaser. When mamrimx and equipment art famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become rapomible therefor m though such materials mdror eqaipment were being fUn6 by the Sella Under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compmsetion, including occupational disease bwem, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which tire work is to be done, The Seller shall also carry comprehensive general ltabil try including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent $300,000 for any one Person, S500Uo0 for any e accident and property damage limit per accident of S400,1NN. The Seller shall likewise require his contractors, if my, to provide for such compwation and insurance. Before any of the Sellers or his communist employees shall do any work upon the premises of others, the Seller shall famish the Lumberer wire a co ifcate fat such mmpa acition and intentional have been presided. Such ernifcata shall specify the date when such compensation cod inurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insims— shall he maiamined until after the amine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, Ins ar injury Of any kind or nature whatsoever to persons or pmperty caused by or resulting from me execution of me work provided for in this purchase order or in connection herewith The Seller will oil and hold hamless the Purchaser and any or all of the Puahasm officers. agents and employers from and against any and all claims, forms, damages, charges or expense, whether direct or iMinar. and whether 1. Formal or property 10 which the Purdamer may be put or subject by reason of my set much, neglect, omission or default on the pan of the Sella, my of his ontmcmrs, or any of the Sellers or ontractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its oRcas, agents or employees at my 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 . aforesaid, the Seller hereby agrees 1. assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expense, any and all judgments; that may be incurred by or obtained against the Purchaser or any of it or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause me same to be dissolved and d rabougal by giving bond or otherwise. The Sella ad his commcmrs shall Pike all safety pn,cautlom, famish ad install all guards necessary for the pmvention of caiderm, comply with all laws ad regular.. wire regard to safety including. bur without Iimiatian, the Occupational Safety and Health Act of 1970 and all rules and minimum issud pursuant thermal. Revised 03(2010