HomeMy WebLinkAbout450906 MULLER ENGINEERING COMPANY - PURCHASE ORDER - 9104357Fort Collins
Date: 06/20/2014
PURCHASE ORDER
Vendor: 450906
MULLER ENGINEERING COMPANY
777 S WADSWORTH BLVD SUITE 4-100
LAKEWOOD CO 80226
PO Number Page
9104357 loft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 08/20/2010 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Change Order 2
Req # 47555
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 EA
37,485.00
Total $37,485.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. Bystanne the City affair Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificum of Registry 84-60(1 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance affix terms and conditions hereof, failure or delay to
Intend 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 a
breach, the acceptance ofor payment for goods hereunder or approval ofine design, shall not release me Seller of
Goods Rejected. GOODS REMCTED due 10 failure to meet spce ficaliom, rither when shipped w due m de@cta of
any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of any right of me
damage in transit, may be re=fed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City i Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpaned
oral modi fcation or rescission of this purchase order by the Purchmer operate is a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the me¢handise, servicrs or expiration in extreme to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized Payment on the pan of the City of Few Collins. However, it is to b< =Worsmucl mar FINAL
Seller road me Purclower recognine that in actual rnnIc practice, verminous rrsvges uling from warrant
ACCEPTANCE is dependent upon eamplfion oral) applicable required impaction prore. cedu
violations art in fact home by the Pamhure. Theremmem,far grand cause and as consideration for executing Nis
purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most he F.O.B., City of Fan Collins, 700 Wood St, Pon Collins, CO 80522. unless
acquired under friend or stare aatitmst laws for such overcharges relating to the Particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant= this purchvm order.
bill most accompany imvma. Additional charges fro parking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Whom manufatluren have distributing points in various parts of no country, shipment is
Briar Purchnser directs the Seller to rotted ronconto—.,mdefective goods by. dace to be wood upon by the
expected from the nmresr distribution point to destination, and excess freight will he dame d from Insuice flow
Puec ommr and the Seller, ad the Seller mere.Rw maintains its inability or unwillingness to .,I,, the Purchaser
shipments are made from greater distance.
may come me work to be, performed by the most expeditious means available m it, and the Seller shall pay all
new associated with such work.
Pmnits. Seller shall procure an sellers sole cost all rueemi permits, certificmes ad beer. requital by all
applicable laws, m araiiores, ordimnca and tales order smut, municipality, terimry no political sudivision where
the work is performed, m required by any cloudily costimted public authority havingjunsdiction over the work
of vector. Seller further agrees to hold the City of Fort Collins harmless from ad against all liability end Ira
incurred by them by no. of an assmed or established violation of any such laws, regulations, oNimntts, rules
and requirements.
Aumorvanon. All panics to this contract agree that the representatives art, in fact, Mrs fide and possess fall and
omplete authority to bird said penis.
LIMITATION OF TERMS. This purchase Order expressly limits accWt. to the terms and corditiom stated
herein set both and any supplementary or additional terms and conditions annexed herela or incorporated herein by
rebronmc. Any additional or different tams and conditions proposd by since arc objected m am hereby rejecters.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou mnnot make complete shipment to arrive on your
promised delivery date m rated Time is i me essence. Delivery and performance most be effected within the time
stated oa the purchase order wad the documents atachd hereto. No now of the Purchasers including, without
limitation, acceptance of partial Ise deliveries, shall operate m a waiver of this provision. In the event crony delay,
me Purchaser shall have, m addition to other legal and bramble remedies, the option ofphring this order elsewhere
and holding the Seller liable for damages. However, the Seller shall trot he liable for damages as a result of delays
due to causes act easombly foreseeable which are beyond its mosomable cmrrol and without its fault of negligener,
such acts of God, acts ofcivdl or military authorities, governmental prionties, rims. strikes, Good, epidemics, wars or
riots provided that notice of the conditions mining such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge memf. In the event of my such delay, the Jam of delivery shall be
extended for me prod equal to no time actually lost by man ofine delay.
3. WARRANTY.
The Seller warrants that all goods, articles, =tennis and work covered by this order will conform with applicable
drawings, sprnifirmime. samples under other descriptions given, will be fit for the purpose, intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar nature. The Seller agrees m hold the purchaser harmless from my loss, damage or expense which the
Pruchow may suBer or incur an account ofthe Sellers breach of warranty. The Seller shall replace, rep. it or make
good, without con in the purchaser, any defects or faults arising within one (1) year or within such longer peed of
time ae may be prescnbnl by law or by the mm s of my applicable warranty provided by the Seller aRa no data of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not
romtimre 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 ony of the foregoing ...It.
or guarantees, but such liability shall in no event include lass 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 t0 legal tears by wrten change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any elmmce to the terns, other than legal mnns, including additions m or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change orderIf any such
change affects the amount due or the time of prce erfomanhereunder, tin egnowle djmarsonl shall be made.
6. TERMINATIONS.
The Purchaser may at any time by woven change order, m minim this agreement as to any or all portions or the
goods then at shipped, subject I. any equitable adjustment between the parries as to any work or materials then in
progress provided that the Purchaser shall or be liable for any claims for anticipated profits an the uncompleted
portion of the ...it, and/or work, for incidental or comm,o ntial damages, and that no such adjustment he made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such maminatim shall relieve
the Purchaser or me Seller ofany of their obligations as to any good delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for sdjustment must be asserted within thirty (30) days from the date the change or termuction is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishcl in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations requital to be
ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmlea from all costs and damages suffered by the Fmchuer s a result of the
Sellers failure= comply with such law.
9. ASSIGNMENT.
Neither party shall assign, haasfm or convey this worn, or any monies due or to become due hereunder without the
prior woman cosrnt ofthe offer may.
10, TTTLE.
The Seller warrants full clef and unrestricted tide to the Purchaser for all optimum. materials, and items furnished
in pert tt of this agreement from and clef of any ad all liens, restrictions, reaavmlora, security interest
encuntbraoces rod claims i f=hers.
The Seller shall release the Prooloomer am its contractors of any on from all liability, and claims of my more
resulting from the performance prisms work.
This release shall With, even in the now of fault of negligence of the parry, released and shall extend to the
directors, oflmrs and employees of such parry.
The Seller's confctml obligation, including wammnty, shall mar be, decimal to d fNuced, in any way. beano
such work is performed or mused to he perfomted by no, Purchaser.
14, PATENS.
\1Tenn'a the Seller is required to use any design, device. =f re e] or process covered by lever, patent trademad:
or copyright the Seller shall indemnify and save bar=less the Purchase, from any and all claims for infringement
by reason of the use of such parented design, deice, material or process in connection with the contract and
shall indemnify the Purchase for my cast, expense or damage which it may be obliged to pay by reason of such
infringement to any time during the prosecution m offer the completion of the work. In case said ealuipmem, or
any pan thereof or the intended me of the good, is in such suit held to mandate infringement and the me of
mid minimum or Iran is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right w continue sing said equipment or pars, replace the none with substantially equal but
noninGnging equipment, or modify it so it becomes mninfringing.
15ANSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the bens fir of con irons, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Putebser without liability.
16. GOVERNING LAW.
The definition informs fed or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
corsaued under and gm'emed by the laws of the Stare ofC.1moule, USA.
The following Additional Conditions apply only in cases where the Seller is m perform work hereunder,
including the services of Sellers Repromentativ'e(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall can, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of my accident, destruction or injury to the work under materials before Sellers final completion and
competence, complete the work at Follies own expense and to the satisfaction crow Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, 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 ftnnishd by the Seller under the order.
18. INSURANCE.
The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational
disease benefits, m its employees employed on or in connection with the work covered by this purchase order,
mndsor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability inclusion& but not limited to, contmem it and aoromobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 far any
one accident and property damage limit per accident of $400,000. The Seller shall likewise quire his
onre
tractors, rimy, m provide far such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Fumhaser with a cenificare
that such compensation and insurance have ban provided. Such ver ificfes shall specify the date when such
ompeasation and insurance have been provided Such certificates shall specify the date what such compensation
and insurance expires. The Seller agrees that such compemaien and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability for any and all damage, lass or i jury deny kind
or nature whatsoever to persons or property caused by or resulting fro the execution of the work provided for in
this purchase order or in correction herewith. The Seller will indemnify and hold remake, the Purchaser and my
r ell of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges m ca, ses, whether direcr or indirect, and whether to persons in pro w ry m which me Purchaser may
ba put or subject by reason of my act, action, neglect, omission or default on the Part of no Seller, any of his
ontradors, or any of me Sellers or contractors officers, agents or employees. In cose, any suit or other
proceedings shall be brought against me Purchaser, or its officers, agents or employees at any time oa account or
by mason of any on, action, neglect, omission or default of me Seller of any of his contmemrs or any of its or
mein officers, agents or employees s amremd, me Seller hereby agrees to assume the defense thereof and to
defend me same f the Sellers own expense, m pay any rod all costs, charges, saomeys fees and other expenses,
any oar all judgment, mat maybe incurred by or obtained against the Pmchsser or any of its or meb officers,
agents or employees in such suits or other proceedings, and in case judgmrnr or other Ilan be placed upon or
obtained Wainer not property of me Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at mum mars, the same to be dissolved and dischurgd by giving band or othemim. The Seller pad
his mountain shall take all safety precautions, furnish and imeall all guard necessary, fro the prevention of
accidents, comply with all laws and regulations with regal m safety including, bur without limitation, drc
Occupational Safety and Health Act of 1970 ad all tales and regdations issued pursuant mereto.
Revised 03R010