HomeMy WebLinkAbout536164 SEWER ASSESSMENT SERVICES - PURCHASE ORDER - 9142153Fort Collins
Date: 0411612014
PURCHASE ORDER
Vendor: 536164
SEWER ASSESSMENT SERVICES
6361 S KILLARNEY ST
CENTENNIAL CO 80016
PO Number Page
9142153 1af2
This number must appear
on all Invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/16/2014 Buyer: PAT JOHNSON
Note:
Line
Description
Quantity UOM Unit Price
Ordered
Extended
Price
1 EDUCATION & TRAINING SERVICES
NASSCO PACP TRAINING
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
1 LOT LS
11,250.00
Total $11,250.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the Ciryof Fan Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Ceni0cate of Registry 84-6000587 is registered with the Collamr of
Failure of the Purchaser to insist upon strict performance of the terms and conditions harem , failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a).
exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofar payment for grads hereunder or approval of the dash,, shall not mi. the Sella of
Goods Reload. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
en' of the warranties or obligations of this purchase order and shall not be damn a waiver of my right of the
damage in transit, may be ampad to you for credit aria ate not b be replaced except upon receipt of written
Purchaser to insist upon strict prefomtance hereaftor any of its rights or remedies as to my such grain, regardless
instructions fiom den City of Fan Collis.
of when shipped, received or adapted, as m any prior or subsequent default hereunder. cor shall my p".ad
oral modification or rescission of this pumhse order by the Purchaser operate as a waiver of any of the terms
Ispectioo. GOODS are subject to she City of Fan Collins melodrama on anivol,
hereof.
Final Acceptance. Receipt of the merchandise entries or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understod that FINAL
Seller and the Purchaser rac,nixe that in actual m c practice, o earno es resulting from antitrust
ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures,
violations are in fact home by the Purchases Theretofore, forr good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any add all claims it may now have or hereafter
Freight Tema. Shipments mast be F.O.B., City of Foil Collins, 200 Wood St., Fan Collins, CO 80522, unless
acquired under federal or Liam antitrust laws for such overcharges relating to the particular goon or services
ofenviu specified on this order. Upetmission is given m prepay freight and charge sepam rly, the Original freight
purchased or acquired by the Isenhour Pursuant to this pus has order.
bill most scat annow invoice. Additional charges, for Parking will not be arcmmd.
Shipment Durance. Who¢ ..far.. have distrinum, points in vadoua pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments am made from greater distance.
Pandits. Seller shall procure at sellers sole cost all necessary permits, ari ifc rms and licenses acquired by all
applicable laws, regulations, ordinances and rules of the state, municipality, temmry or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction ova the work
of vendors Seller further agrees m hold the City of Fan Collins hvmlccs Forms and against all liability and loss
incurred by Nam by reason of an asserted or established violation army such laws, regulations, ordinances, rules
and requirements.
Aulhomerim, All paves to this contract agree that the reparsati fives or in fact boo. fide and pnsuss full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits trespasser m the terns and conditions stated
herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by
reference. Any additional or different team and conditions proposed by seller art objected to amp hereby rtja d.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou [anger make complete shipment to arrive m years
promised delivery date as noted. Time is of the.race. Delivery, and perfomsmce must be eR red wagon the time
stated on the purchase order and the documents standard hereto. No sore of the Purchasers including, without
limitation, acceptance official lam deliveries, shall operate as a waiver of this provisim. In the event army delay,
the Purchaser shall have, in addition a other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages s a result of delays
due to tames not reasonably foreseeable which are beyond as wawrable central and without its fault of negligence,
such acts of God, acts of civil or military authorities, g wartmmtal priorities, Gres, strikes, flood, epideMes, wars or
rings provided gal notice of the candidates rousing such delay is given m tbe Pmchaver within five (5) days of the
time whin the Sella first received knowledge germ( In the event of my such delay, the date of delivery shall be
extended far the acrid equal m the rime actually Ion by. of the delay.
3. WARRANTY.
The Sella watmns that all goon, aricles, mmemils and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cure and competence in accordance with accepted standards for work of a
similar comm. The Seller agrees to hold the purchaser harmless from any Iss, damage or expense which the
Purchaer may suRa Or incor on account of the Sellers breach of wamnty. The Sella shall replace, repair or matte
good, without most to the purchaser, any defects of faults among within one (1) your or within such longer period of
time as may be prescribed by law or by the tens of my applicable worrmty povided by the Sella after the date of
acceptance of gat goods fuminbed hereunder (accepmna no, be u sombly delayed), resulting farm imperfect
or defective work done or materials fttmiNd by the Seller. Acceptance or se of goon by the Purchaser shall not
consume, a waiver of any claim coder this warranty. 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 waranties
or guarantees, but such liability shall in no an, include loss of profits 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 m legal terns by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Fontana may make any changes to the tear, other Oar legal rem¢, including additions to or deletions from
the quantities originally ordered in the sperifrcations or dmwiti p, by verbal or written change order. If any such
change effects the amount due or the time of perfodmence hereunder, an equitable adjustment shall be made.
6. TERbRNATIONS.
The Purchaser may at any lime by written change odes temshare fie agreement . m any or all portions of the
goods than am shipped, subject to any equitable ndjustmem between the ponies as to any work of sam.inls then in
progress provided that the Purchaser shall rat be liable for my claims for anticipated profits on the uncompleted
pmrion of the goods argot work, for incidental a consequential ddr ag., aid gat no such adjustment be made in
Even argue Sella wish respect m any goods which art the Sellers standa d stock. No such tens tim shall relieve
the Purcbasa or the Sella army c ffeir obligations as to any goods delivered hereunder.
V. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in shirt
compliance with all applicable laws ad regulations to which the goods art Smoot, The Sella shall exeram and
deliver such disastrous as may be requ mat sec affect or evidence compliance. All law,, and regulations minimal to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees m
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Poxhser s a result of the
Sellers home to comply with such law.
9. ASSIGNMENT.
Neither parry shall aui,, trasfar, or convey this order, or my monies due or so become due bertusder without the
Poor Variant command ofthe other fury.
10. TITLE.
The Seller warrants full, clear and unrnNcted title to the Purchaser for all equipment, materials, and items famished
in perfotmmce of this agreement, gas aad clear of any and all lies, mstriaim s, reservations, security interest
enctmbr.ace, and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Pardoner directs the Sella to rented nonconforming or defective goon by a date to be agreed upon by the
Purchaser end the Seller, and thr Seller thereafter indicates its inability or unwillingness to comply, the PureM1nser
may cause the work to be perfmmd by the most aptalaius moms available an it, end the Seller shall pay all
costs associated with such work.
The Seller shall release fe Purchaser and its contractors of any tier from all liability and claims of any nature
resulting fmm the pafortnace fsuch work.
This release shall apply evm in toe event of fault of negligence of the party released and shall extend to the
directors, aMet. and employees ofsuch perry.
The Sellers amormo it obligations, including warranty, shall not be deemed m be deduced, in any way, because
such work is performed or caused to be perfommd by the Purchaser.
14. PATENTS.
Whenever lbe Seller is acquired to ties any design, device, material or process covered by Iota patent, andemark
or copyright, the Sella shall indemnify and save harmless the Purchaser fmm my ad all claims for infringement
by reason of tbe use of such patented claim, device, materiel in Amass in connection with the mmrus, and
shall indemnify me Purchaser for my east, expense or damage which it may be obliged m pay by mason ofsuch
infringement at any time during the pr eaccution or after the completion of the work. In ram said equipment, or
any pan thereof or the intended use of the goon, is in such suit held to mandate infringement and the use of
said equipment to pan is enjoined, the Seller shall, at its own expense sad al its option, either procure far he
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfroging equipment, or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If the Sell. shall became insolvent or bankrupt, make an wan am¢nt for the benefit of creditors, appoint is
receives or trustee for any of the Sellers property or insiders, this order may forthwith be conceded by the
Purchaser without liability.
16. GOVERNING LAW.
The definigiaas armors used or the interpretation offs, agreement and rise rights of all parties hereunder shall be
construed under and governed by the laws of the State ofColomda, USA.
The following Additional Costars apply only in cases where %e Seller is to perform work haremder,
including the smite fSell. Rcromma tivHs), on me premises af.ger,
❑. SELLERS RESPONSIBILITY.
The Sella, shall cart, on said work at Sellers Pam risk until the same is fully compleed and accepted, and shall,
in eau of my accident, destruction or injury to the work saxi interim; before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. Wben mmmals
and equipment me fumishd by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor m though such materials and/or equipment
were being fumichd by the Sella under the order.
18. INSURANCE.
The Sell. shall, at his owns expense, provide for the payment of workers cort,earmanim, including occupatimad
disease benefits, to its employees employed on or in connection wig the work covered by this purchase order,
mNor as their dependents in accordance with the laws of me sale in which the work is to be done. The Seller
shall also carry mmprebsive general liability including, but not limited I., coal=,=] and automobile public
liability mama ere wish bodily injury and death limits of at least 900,000 for any one p—an, $500,000 for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and in e. Before any of the Sellers or his contractors
employs shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cerifica Ors shall specify the dale when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees Lost such Comparison. and inar.nce shall be melntaind anal after the
entire work is completed sad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella, hereby assumes the entire responsibility sad liability for any and all damage, loss or injury ofany kind
or nature whatsoever In persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in correction herewith. The Seller will indemnify and hold harmless the Purchaser and any
of all of the Purthsers officers, agents and employees is.. and agaist my and all claims, lasses, damages,
charges or expenses, whether direct in indirect, and whether to persons or property as which she Purchaser may
he put Or subject by feamn of my act, action, neglert, omission Or default on the pan of the Seller, my of his
castracton, or any of the Sellers or canuacom oRcm, agents car employees. In sue any suit or other
prceedings shall be brought against the Purchaser, or its affirms, agents or employs at my time on account Or
by Lesson of my am action, neglect, omission or default of the Sella of my of his contractors or any of ors Or
their officer. agents, o, employees as aforesaid, the Sella hereby agrees m 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 exposes,
any and all judgments that may be incurred by or obtained against the Purchases or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other has be placed upon or
obtained against the property of the Purchaser, or said parties in or az a result of such was or other proceedings,
the Seller will at once rouse the same m be dissolve and diuhargd by giving bond or cheddar, The Seller and
his contractors shall take all safety praauaos, findings and inamll all guards m aavry for the prevention of
accidents, comply with all laws and regulations with regal to asfety inchadivg, hot without limitation, g,
Occupational Safety and Health Act of 1970 and all rules nod regulations issued pursuant therein.
Revised 03WO