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HomeMy WebLinkAbout457277 PETE LIEN & SONS INC - PURCHASE ORDER - 3214394Fort Collins Date: 05/16/2014 Vendor: 457277 PETE LIEN & SONS INC PO BOX 440 RAPID CITY SD 57709-0440 PURCHASE ORDER PO Number Page 3214394 1of2 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: 05/12/2014 Buyer: PAT JOHNSON Note: Line Description . Quantity UOM Unit Price Extended Ordered Price i 2014 BLANKET ORDER 2014 BLANKET ORDER 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 40,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCLALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm, 1973, Chapter 39-26. 114 (a)_ Goods Rejected. GOODS REJECTED due to failure to meat sp wificaioa, either when shipped or due m defects of damage in nansir, may be returned m you for credit and are not to be replaced except upon receipt of woman imrructimns from the City of Fort Collins. Inspection. GOODS are subject to the City of Gin Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, servion, or equipment in response to this order can result is authorized payman an dte pan of the City of ran Collins. However, it is to be understood it,., FINAL ACCEPTANCE is dependant upon completion of all applicable required inspection procedures. Freight Terms Shipments most be F.0 B., City of Fort Collins,'100 Wood Sc. Fort Collns, CO $0522. unless otherwise specified on this order, If permission is given to Prepay freight and charge separi the original freight bill muss accompany im ande. Additional charges for packing will not be a empled. Shipment Distance. Where ..at..— have distributing points in code. Pans of fine coumry, shipment is expected from the poorest distribution point to destitution, and excess freight will be deducted boom Invoice when shipments are made from greater distance. Permits. Seller shall procure .at sellers sole cast :ell necessary permits, cenilicates and licenses requital by all applicable laws, oc,latimns, oohmenees and rates ref the stale, municipality, territory, or polifical subdivision where the work is performed or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass incurred by them by mrson of an assented or established violation of any such laws, regulations, ordinances, rates armd requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, Was Fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmnce Ira the tams and conditions small her set forth and any smderadiry or additional terms and conditions annexed Loreto or incorporated herein by relemov, . Any additional or ddleman tams 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 pmmiscd delivery date a noted. Time is of the essence. Delivery and Performance most be, effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without lim loom, arr,tarnce ofpmial late deliveries, shall old am as a waiver of this provision. In the sent fany delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option ofplaciag this order elsewhere and holding he Seller liable far d mages. HOw.,a,. the Seller shall not be liable for damages an a result of delays due to causes not reasonably foreseeable which am beyond its reasonable cannot and without its fault Of negligence. such acts of God, ach of civil or military authorities, government priorities, rims, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the time when the Seller But received knowledge thereof. In the event of any such delay, the date of del ivory shall be extended for the period equal to the time actually Ian by reaoa of the delay. 3. WARRANTY. The Seller wmranm that a1I goods, asides, mama], and wad crooned by this order will confman with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of core and compedence in accordance wink accepted stzndand, for weak of a 'mils, ounce. Die Sellef agrees no hold the purchaser hatmless Gum any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach cremation, The Seller shall replace, extra it or make good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by me term ofany applicable warranty provided by the Sella offer the dare of acceptance of the goods furnished hereunder (accordance not to be unteawnably delayed), resulting from imperfect or defective work done or meenals fiunishd by the Seller Acceptance or use of goad by the Producer shall not coranimm a waiver of any claim under this waranty. Except as otherwise prosided in this purchase older, the Sellers liability hereunder shall .,and no all damages p rnimmely wuscd by the breach of my of the foregoing warramies or guarantees, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purehmer may make changes to legal ]emu by written change ,our 5. CHANGES IN COMMERCIAL TERMS. The Puchaer may make any changes I. the terms, other then legal corms; including son itiom to or delaiom from the 9—,,,i- angimlly ordered in me specifications or dowries, by verbal in wiinrn change order. If tiny such change aRem nomination due or the time of,a,f..va hereunda, an equitable djuvmen, stall be made. 6. TERMINATIONS. The Purchaser may at any time by common change orda. o minsa this agreement as to any or all pansof the goads then not shipped, subject to any equitable adjustment between the parties to to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods arbor work, for incidental or consequential damages, and dot no such adjustment be made in favor of the Seller with respond m any good which arc the Sellers stamdeN stock. No such temlmtmm shall ralieve the Purchase or the Sella of my oftheir obligations as in my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment arms be asserted within thin, (30) days franc the date the change or mrmitvanion is ordered. 8, COMPLIANCE WITI4 LAW. The Seller warrants that all gueds sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable rows and neguldimns to which the goods are subject The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be mrcorp odial in agreements of this chmster are herby incorporated herein by this reference: The Seller agees to indermdfy and hold the Purchaser hornless from all cats and damages suffered by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinm consent of the other pony. 10. TITLE. The Seller warms full, clear ad mor,ficaed title .,he Purebase far all cquipmeot, mamab, and items famished in performance of this agreement Gee aM clear of any and all liens, restrictions, reservations, security interest encumbmace, and claims afodon, 11. NONWAIVER. Failure of the Purehmm, to insist upon drimt Performance of the terms and conditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failutut pmmply notify the Sella in the event of a br ach tire the acceptance ofor payment for goods hereunder of approval of the design, shall an, release the 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 stria performance hereof or any of its rights orremdies as to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default heretudeq nor shall any purported anal modification or rescission of this purchase order by the Putchasa operate in a waiver of any of the moms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purehmer recognize that in actual economic practice. overcharges resulting from antinust violations are in fact home by the Purchaser.'I heretofore forgoodcause and in consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lfthe Purchaser directs the Seller to correct nonconfoeming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available a it, and the Seller shall pay all costs assaciated with such work. Lou Seller shall release the Purchaser and its contractors of any tier from all liubiliry and claims ofany nature resulting main the Performance of such work. This release shall apply even in me event of fault of negligena of the parry released and shall extend m the directors, officers and employees of such pony. The Sellas contmdual obligations, including common. shall not be deemed to be reduced, in any way, because such work is perfmted or caused to be Performed by the Pmchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by kner, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser boom any and all claims for infringement by reason of the use of such patented design device, material or process in exmectio t with the contract, and shall indemnify the Purchaser for any case, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after elm completion of the wok. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held m cotuif.. ininngenren, and the use of said equipment or Pon is enjoined, the Seller shall, at is own expense and at its option, either part for the Purchaser the right to continue Ming said equipment or pans, replace the same with substantially equal but ooninfnglag equipment, or modify it so it becomes mourifnging. 15, INSOLVENCY, If the Sell,, shot] become insolvent or bankrupt, make an assignment for the benefit of crahlom, aWalnt a reservoir or frame far any of the Sellers property or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aftemu used or the interprtmtion of the agreement and the rights of dl rumors hereunder shall be construed under and governed by the laws Of the State ofC.Im k, USA. The fllowing Additional Conditions apply only in cases where the Seller is to permout work hereunder, including the services of Sellers Representativas), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk omit the same is fully completed and accepted, mad shall, in case of any accident destruction or injury to the work anat matcaals before Sellers Gel completion and acceptance, complete the work at Sellers own expense and in the satisfaction of she Purchaser. When mmmals and ryulpmms are fumishd by others for installation or crtction by the Seller, flee Sella shall receive, unload, store and handle same at der site and become responsible therefor as though such materials and/or equipment were being fumishN by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease betmbts, to its employees employed on or in connection with the work coveted by this purchase order, and/or to their dependents in accordance with the hens of the state in which elm work is to Ee dune. The Seller shall also any comprehensive gmeml liability including, but root limited to, turnaround and automobile public liability immnnce, with bodily injury and death limits of at least S300,nW for tiny one Amon, SSOOp00 for any one accident and property damage ]fail per accident of S400,000. The Seller shall likewise require his ontocmrs, if any, an preside for such compensation and imumme. Reduce any of the Sellers or his contractors employees shall do any work upon the pamises creditors, the Seller shall famish the Purchaser with a compare that such c mpen and insurance have been provided. Such cenilicates shall specify the data when such compensation and insuran ce have been provided. Such oenifates shall specify the data when such compensation and insurance expires. The Seller agora that such compensation and insurance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes We entire respoaibild, and liability for any and all damage, loss or injury ofany kiM or nature whatsoever to famous at pmpmy caused by or resulting firm the eeceution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify iM hold hamtlas the Purchaser ad any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property no which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors or any of the Sellers or contractors officers, agents or employees. In crow any suit or other proceedings shall M brought afford the Purchase, or its officers, agents or employees at any time on account or by reason of tiny act, action, negleet omission or default of the Seller of any of his coatmctors or any of its or their oRcers, agent, or employees a aforesaid, the Sella hereby agrees to assume to defense thertuf aed to defend the same at be Sellers awn aspirate, to coy any and all costs, charges, attorneys fees and other expenses, say and all judgments door may be incuad by or obtained against the Purchaser or any of its or their Rcars, agoras or employees in such suits or order proceedings, and in ase judgmmr or other lira be placed upon or obtained against the property of the Pachnse, or said parties in or as a 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 Like all safety precautions, famish mad install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Iimltation, the Ocompational Safety and Health Act of 1970 and all roles and regulatiom issued pursuant thereto. Revised 03al)10