HomeMy WebLinkAbout357006 ALL AMERICAN BACKFLOW - PURCHASE ORDER - 9142349Fort Collins
Date: 04/29/2014
PURCHASE ORDER
PO Number Page
9142349 1012
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 357006
Ship To:
PARK MAINTENANCE
ALL AMERICAN BACKFLOW
CITY OF FORT COLLINS
215 E 2ND ST
413 S BRYAN
LOVELAND CO 80537
FORT COLLINS CO 80521
Delivery Date: 04/28/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Backflow Testing
1 LOT
LS
3,000.00
Parks
PER TERMS AND CONDITIONS OF BID 7120
2 Backflow, Testing
1 LOT
LS
500.00
Downtown
3 Backflow Testing
1 LOT
LS
4,500.00
Medians
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
r Terms and Conditions Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By smmte the City of For Collins is exempt from state ant local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Incmal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS ROECTED due to failure to meet sped fictions, either when shipped or due to defects of
damage in transit, may be rammed h) you for credit and are not to be replaced except upon receipt of written
anomalous from the City of Far Carina.
Inspection. GOODS are subject to the City of For Collins inspection on ertical,
Final Acceptance. Receipt of the merchandise, services or equipment in respond to this order can mash in
authorved payment on the par of me City of For Collins. However, it is to her understood that FINAL
ACCEPTANCE is dependent upon completion ofall nppliable required inspection procedures.
Freight Terms. Shipments most hi F.O.B., City or Too Collins, 700 Wood Se, Far Collins, CO 80522. valess
otherwise specified an this order. If permission is given to prepay freight and charge mpare4ly, the original freight
bill must accompany invoice. Additional charge for Packing will not M recordist.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from lot nearest distribution point m destination, and excess freight will be deducted from Invoice when
shipments are made from grmor distance.
Permits. Seller shall proare at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulaions, ordinances and rules of the state, municipality, temrory or Political subdivision where
the work is performed, or required by any other duly comtittued public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of For Collins harmless from and against all liability ant loss
incurred by them by crown of an asserted or established violation of nay such laws, regulations, o cliwnces, rules
and requiremenn.
Authoritarian. All parties to this contract agree that the re, rewntatives am, in end, hone fide and possess full and
complete amhoriry to bind said patties.
LIMITATION OF TERMS. 'Box Purchase Order expressly limits acceptance to the terms and conditions voted
herein see forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
olarasx. Any ndditic nal or different corms and conditions proposed by railer are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your
promised delivery date as noted. Time is of the csxroe. Delivery and performance most be effected within the time
sired an the purchase oMe, and he documents arached hereto. No acts of the Purchasers including, without
limitation, acceptance affords] late deliveries, shall opmm as a waiver arms provision. In the rem of any delay,
the Purchaser shall have, m addition to other legal aid equitable remedies, the option nfplacing this order elsewhere
and homing the Seller liable for damages However, me Seller shall not he liable for damages as a ward, of delays
due to tames wr reasonably foreseeable which arc beyond its reasonable conwl and without in fault of negligence.
such eats of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, 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 thereof. In the evens of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warmers that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, swrples .Nor other descriptions given, will be fit far the rou now amended, and
Performed with the highest degree of care and comperence in accordance with accepted standard for work of a
miler what The Seller agrees to hold the p rckwour Iamrless from my loss, damage or expense which the
Purchaser may suit or incur on account of the Sellers breach of uaonry. The Seller shill replace, repairor make
good, without cost to the purchaser, my defects or f Its arising within one (1) year or within such longer period of
time as may W prescribed by law or by the terms of any applicable warranty Provided by the Seller shoo the date of
acceptance of the goods f ished hereunder (acceptane not m W unreamnably delayed), resulting from imperfect
or defective work done or materials fumshed by the Seller. Assimuce or use of goals by me Purchaser shall not
constitute a waiver of any claim under this warranty. Except m 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 warranties
or guarantees, but such liability shall in no event include loss ofprofia or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The PtucMttr may make changes to legal or. by writen change order,
5. CHANGES IN COMMERCIAL TERMS.
The Purchase may make any changes to We tames, other than legal temp, including addition, b or deletions Mm
the quarn ie originally ordered in the speci0cagom or dmwini by verbal or wham change order. If my such
change afrects the amount due or We time ofperfonfiame hereunder, an equitable udjaoent shall M made.
6. TERMINATIONS.
The Purchaser may at any time by written change antler, terminate this agreement as to any or all portions of the
goods then eat shipped, subject to any gcisible adjustment between the pmies vs to any work or materials then in
progress provided that the Purchaser had not be liable for any claims fen anticipated profits on the unconipleled
portion of the goods -&a, work, far incidental or crmax email damage, and that no such adjustment be, made in
favor of the Seller with respect to my goods which an, the Sellers standard stock. No such ttmtination shall relieve
the Purchase or me Seller ofany oftheir obligations as to my gads delivered hereunder.
7. CLAIMS FOR ADIUSTMENT.
Any claim for shmament must be asserted wimio thin, (30) dap from the date the dam, or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereurder shall have been produced, sold, delivered and famished in stna
compliance with all applicable laws and regulation to which the gad are subject. The Seller shall execute and
deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold the Purchaser harmless from all costs and damage suffered by the Purchaser us a result of the
Seller failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ..for, or convey this order, or any .at. due or la become due hereunder withounhe
prior written consent ofdre other party.
10. TITLE.
The Seller warrants full, clear and unraMctM title to the Purchmm for all equipment, materials, and items famished
in performance of this agreement, free nth item of my and all liens, retrinioa, reservations, stturity imeresr
encumbrances and claims of others.
11. NONWANER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly edify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not=]case me Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict Performance hereof or any of its rights or remedies w to any such gaols, egardlo s
of when shipped, received or accepted, a to any prior or subsequent default hereunder, nor shall any puryuded
col modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchase recognize that in actual xonamic practice, overcharges resulting Man antitrust
violations are in fact More by the Purchaser. T wounfore, for good cause and w crossideation for executing this
Foochow order, the Seller hereby acsigrss o me Purchaser any and all claims it may now have ar hereafter
acquired wrier federal or state national laws for such ovechmges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchss, order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser moors the Seller to coned nonconforming or defective goods by a date to be agreed upon by the
Purchaser dad the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to M performed by the most expeditious mews aveiladc to it, and the Seller shall pay all
cases associated with such work.
The Seller shall release the Purchaser and its contactors of my tier from all liability and claims of any nature
resulting form the perfomrance i f such work.
This or. shall apply on in me went of fault of negligence of the parry relessul and shall extent an the
diacum, officers and employees attach pmty.
The Selices contmetwl obligations, including .11, shall nth M deemed to be winced, in nay way, beaus,
such wart, is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is rquired In use any design, device, mrorial or process rover d by lemeu patent, trademark
or copyright the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement
by reason of the use of such patented design, device, material or process in connection with the comma, and
shall indemnify the Producer far any cost expersse or damage which it may be obliged to pay by remain of such
infra agemeat at any time during the prosecution or after the completion of the work. In case said equipment, or
nay pan thereof or the intended use of the goods, is in such suit hem to comumte infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser, the right to continue using said equipment or pans, replace me same with substantially eqw[ had
rcninfringing equipment, or modify it so it becomes maninGnging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
ra,viver
or owner for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
comoed under ant governed by the laws of the Stale ofC.I.&. USA.
The following Additional Co ddiom apply only in aces where the Seller is to perform work hertunda,
including the services of Sellers Reprowarmative(s), a the premixes ofothers.
Il. SELLERS RESPONSIBILITY.
The Seller shall wary on said work at Sellers own wk until the same is fully completed and accepted, and shall,
in w of my accident destmtion car augury to the work and/or materials before Sellers Mal completion and
acceptance, complete the work as Sellers own expense uM in the mtisfactioa of rite Purchaser. When materials
and equipment are another] by .,he. far installation or erection by the Seller, me Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andlor equipment
were at famished by the Seller under the male,
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease brnefirs, to its employees employed on or in contractors with the work covered by mis purchase order,
mNor to their dependents in accordance with the has of the sure m which me work is a her doer. The Seller
shall also carry comprehensive general liability including, but not limped to, contracting] and automobile public
liability imarvaace with Mdily injury and death limits of to kssr SIM." fen any one person, 5500,000 for any
one mcidem and property damage limit per accident of S400dii The Seller shall likewise require his
common, if any, m provide for such comperesauon and iaumnce. Before any of the Sellers or his contractors
employees shall do my work upon the premises of others, rise Seller shot fumsh the Purchaser wit a ttnifcau
that such compensation and insurance have bean provided. Such ceniecmes shalt specify me dale when such
ampere atim and insurance have been provided. Such cenafiate shall specify the dale when such compensation
and insuraw, expires. The Seller agrees that such compensation and inmmnce shall hi maintained until after the
emir work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby a=tume the mine responsibility and liability for any and all damri loss or injury afany kind
no reture whatsoever no persons or pmperty roused by of resulting from the execution of the work provided for in
this purehasc order or in coanedion herewith. The Seller will indemnify and hold Maslow me Purchaser and my
to all of me Purchasers ofcer ,agents and employees from and itpunt any and all claims, loose, damages,
charges no exponow, , whether direct m whose, and whither to persons or property, Ir which de Purchaser may
M put or subject by crown of my eat action, aeglesr, omission or default on We pact of the Seller, any of his
contractors, or my of the Seller or contractors officers, agents or employers. In case any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on account or
by rearm 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 afoavid, the Seller hereby agrees to assume me defense thereof and to
defend de same at the Seller own expense, to pay any and all costs, charge, mromeys fees and other expense,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lam M placed upon or
obtained against the property afire Puchaser, or said parties in or as a result ofsuch suits or other proceedings,
me Seller wall m ono cause, the same to her dissolved and dscMrgW by giving bound or otherwise. The Sell" and
his contractors shall rake all safety precautions, fiunsh ant ammll all guard necessary, fen the prevention of
accidents, comply with all laws and regulations with regard to safety inducting, but without Indication, me
Oxv,d owl Safety and Health Act of 1970 and all rules nth regulations iuued pursuant mereo.
Revised O3R010