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HomeMy WebLinkAbout110722 AIR RESOURCE SPECIALISTS - PURCHASE ORDER - 9142120Fort Collins PURCHASE ORDER PO Number Page 9142120 1of2 This number must appear on all invoices, packing sli s and labels. Date: 04/15/2014 Vendor: 110722 Ship To: CITY MANAGER AIR RESOURCE SPECIALISTS CITY OF FORT COLLINS 1901 SHARP POINT DR #E 300 LAPORTE AVE FORT COLLINS CO 80525-4429 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/14/2014 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price Air Quality Permit Review 1 LOT LS 3,600.00 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@fcgov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 s and Conditions Page 2 of 2 I. COMMERCIALDUAILS. Tax exemptions. By statute the City of Fort Callirm is exempt from state and local taxes. Our Exemption Number is 98-04502. Fedeml Excise Tax Exemption Cenifiate of Registry 84.6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure or mom specificmions, either whom shipped or due to defects of damage in =real, may M rebrned in you for credit and are not to M confined except upon receipt of wrirm immtctious farm the City of Fon Collins. Inspection. GOODS or subject India Ciry of Fon Collins inspection on amtual. Final Acceptance Receipt of the meehandlse, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood nLi erstootFINAL ACCEPTANCE is dependent upon completion of all applicable telumol rotation procedures. Freight Terns. Shipments must be F.O.D., City of Fort Collins, 700 Wood 51, Fort Collins, CO 80522, unless otherwise specified on Nis oMer. H pmniesion is is. m prepay fight and charge separately, the original freight bill must accompany invoice. Additional charges for wk., will not M accepted. Shipment Distance, where manufacturers have distributing points in us pans of the county, shipment is expected Wm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from g co m distance. Pamirs. Seller shall procure at sellers sole .1 all necessary permits, cenifwtes and licenses required by all applicable laws, regulations, ordinance, and roles of the sure, municipality, ordinary or political subdivision where the woh is performed, or required by any other duly consniated Public aulhodry laving junshmima over the work of vender. Seller fimha agree m hold the Ciry of Fort Collins harmless farm aad against all liability and loss incurred by them by reason of as asserted or established violation of any such laws, regulations, ordinances, pules and requirements. Authenticator. All ponies to this contract agree that the representatives are, in fact, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Data expressly limits accptmnce to the toms and coMilime stated Mrtin set foM acid my supplementary or additional terms and conditions annexed hereto or incorporated herein by measure. Any additional or different terms and conditions proposed by seller are objected to and hereby rejmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmrnlmd delivery date as noted. Time is of the essence. Delivery and Performance must he aboard within the time stated on the pueham order and the documents attached hereto. No acts of the Purchasers including, without limitation, accrpance of panial lase 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 inferable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages m a ¢salt of delays due to causes not rmmmbly foreseeable which are beyond its reascouble annual and without is fault of negligenec, such ads of God, acs of civil or military authorities, goomarman rl priorities, Gres, sblkes, Rood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller lint received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actual ly lost by reason of the delay. 3. WARRANTY. The Seller wartanb that all goods, articles, materiak and work covered by this under will conform with applicable drawings, specifications, sampla anther other dscrom given, will be fit for the pttryoses amended, and performed with the highest degree of core and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach ofwamanry. The Seller shall replace, repair or make good, without cost in the purchaser, any defects or faults arising within one (1) year or within such longer period of time se may be prescribed by law or by the tears ofmy applicable wantonly provided by the Seller after the date of accepomm of the goad famished haeander (acceptance not to M unreasonably delayed), resulting from imperfect or defective %ark done or materials famished by she Seller. Acceptance or use of good by the Prrrchmm stall not commute a waiver of any claim uma this wamanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shift extend to all damages proximately mused by the breach of my of the foregoing warmatia or guamnf es, but such liability shall in no event include lass ofWofiu or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 'the Purchaser may make changes to legal terms by wriuem change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make any change as the terms, dher than Iegd tome, including within. to or deledom from the quantities miginedly ordered in ore specifications or drawings, by veNd or written change order. If any such change affects the amount due or the rime ofperformmce hereunder, an mailable adjusttmnt shall be, made. &TERMINATIONS. The Purchaser may at any time by written change under terminaro lltis ngreemem as to any ur all poneo o of the good then not shipped, subject to any equitable adjustment between the parties s to any work m mmenals then in progress Lamented that the Fashioner shall not M liable for any claims for anticipated proths on the uncompleted Portion of the good and/or work, for incidental or everam m ntlal damages, and Oat no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such irradiation shall relieve the purchaser or Oise Seller of any oftheir obli,li. es to any goad delivered haeerder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) lays from the date the change or lamination is ordaed. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold Mrtunder shall have been produced, sold, delivered and fumkhed in strict compliance with all ap,liable laws and regulations in which the goods art subject The Seller stall execrate and deliver such downtimes as may M cvluir W m eRrco or evidence camplunce. All laws and mainframe; retained W bar incorporated in agrecmcnts of this ch maw art hereby incorparted Mrtin by this referam. The Seller agrees to indemnify and hold the Purchaser harmless from all ass and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Ramfer, or convey this area or any monies due or to became due hereunder without the poor written comem of tM other party. 10. TITLE. The Seller immune, full, clew and unrestricted tide m the Professor for all equipment, materials, and items banished in performance of this agreement free and clew of any and all diem, restrictions, excavations. security interest encumbrances and claims of others, 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tears and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance outer payment for goods hereunder or approval of the design, shall Pot release the Seller of my of the wwrewies or obligations of this pump order and shall not be deemed a waiver of any eight of the Purchaser an most upon anim performance, hcrmf or any of its rights or remedies m to any such good,regardless of what shipped, received or accepted, m no any prior or sulown cout default hereunder, nor shall my purported am[ modification or rescission of this purchase ardor by the Purchaser operate as a waiver of any of the names hereof. 12. ASSIGNMENT OF ANTI 'I RUST CLAIMS. Seller and the Purchaser recognize that in actual crommoe practice, overcharges resulting from antitrust violations are in fact home by the Pmebamr. Thereof , for and cows, and as consideration for exceeding this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter acquired miler gerund or sate antiwst laws for such ovemhmges relating to the particular good or services Purchased or acquired by the Purchaser pursuant to this pttchwe order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may on. the work to her performed by the meet expeditious means available to it, and the Seller shall pay all costs womode red with such work. The Seller shall release the Purchaser and its contraction, of any ties from all liability and claims of any mare resulting from the penfonnanre ofsuch woh. This mleae shall apply even in the event of fault of negligence of the party released and shall extend do the dinvemrs, oficas and employees of such party. The Seller's contractual obligations, including warranty, shall not he deemed to be r doted, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheneva the Seller is required to use any design, device, material or pmass covered by lever, parent trademark r copyright, the Seller shall indemnify and mve hvmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with the amdmet, and shall indemnify the Purchaser for any cost, expense nr damage which it may be obliged to pay by reason of such infringement at any time domain the pnowemion or after 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 infrngemend and the use of mid equipment m pan is enjoined, the Seller shall, an its own expense and al its option, either procure for the Purchaser the right to continue ming said unimportant or parts, Gallium the same with substantially equal btu noninfringing equipmml, or modify it m it becomes normaRinging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmp. make an assignment for the bereft of creditors, appoint a receiver or buame lot any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of to. used or Ore interpretation of the agjuear m and the rights ofall pada Louisiana had be, comtmed wder and governed by the, laws oftM State afColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heremder, including the services ofSellm Ropresenutive(s), on the premiss of others. IZ SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to Om work author materials before Sellers feel completion and acceptance, complete the work at Sellels own expcme and to the satisfaction of the Fashioner. When materials and erylpment m furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become rtspomible therefor m though such materials anther equipmms were being famished 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 benefits, to its employees 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 M done. The Seller shall also carry comprehensive general liability includin& but not limited to, command and automobile public liability Una —me with hourly irrjury ad Jwth limits of at lent 5300,000 far any one proem, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise umpire his coutfixtrus, if any. to Provide for such mmpemmian and immune. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a certificate that such compenation mid insurance have been provided. Such cmifeatrs shall specify the date when such compensation and insurance have been provided. Such cenifiwta shall specify the date when such compensation and announce expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the more responsibility and liability for any and all damage, loss or injury ofery kind or wore whatsoever to Persore or property causN by or Pasulting from th<exemoim ofthe work provided for th this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees Rom and agaimil any and all claims, losses, damages, charges or expenses, whether direct or Indirect, and whether to persons or imperry to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In m r any suit or other proceedings shall b, brought against the Provision, or its Perform, agents or employees at any time on accomt or by ream. of any act, action, neglect, omission or default of the Seller of my of his mvnemors or any of its or Rude officers, agents no employees res aforesaid, the Seller hereby agrees an asstwe the defense thereof and to defend the same at Sell. own expense, to pay any and all cons, charges, uteri fees and other expenses, any and all judgments that may be Incurred by or obtained against the Pu chmor or my of is or their officers, agents or employees in such suits ar other proceedings, and in case judgment or other lien be placed upon m obtained against the properly of the Purchaser, or said parties in or as a wait of such suds or other proceedngs, the Seller will at once cause the same to M dissolved and discharged by giving hoed or otherwise. The Seller and his comraaons shall lake all saia, Interactions, f ish and moral all grmmds amecvry an the prevention of accidents, comply with all laws and regulations with regard to safety includer, , but wishord lifi nation, the Omupatioml Safety and Health Am of 1970 and all roles anal regulations issue punsuans thereon. Revised 03/2010