HomeMy WebLinkAbout450906 MULLER ENGINEERING COMPANY - PURCHASE ORDER - 9104357 (2)PO
PURCHASE ORDER 910435er Page
C117/ of PURCHASE
9104357 ' of 2
' `t Collins
I„C This number must appear
` v ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 07/15/2014
Vendor: 450906
MULLER ENGINEERING COMPANY
777 S WADSWORTH BLVD SUITE 4-100
LAKEWOOD CO 80226
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
4 Add back deleted line 1 LOT EA 37,485.00
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:
$37
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIALBUAILS-
Tax exemptions. By stmuw the City of Fon Collins is ceard o fmm stale nM local pv apse Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry"6000587 4 registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. Colorado Reid Sutures 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due. failure a roan specifratiom, either when shipper) or due to defects of
damage in transit, may be rumored a you for Of and arc not to be replaced except upon receipt of women
instructions from the City of Fon Collins.
Irspadian, GOODS are subject to the City of For Collim inspection on amwl.
Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upan empletimi of.11 applicable required inspection pmcedmes.
Freight Terns. Shipments most be F.O.B., City of Fun Collins, 700 Wood St., Fart Collins, CO 80522, unless
whend. specified oa this order. If permission is given a prepay fight and charge separately, the original freight
bill most accompany invoice. Additional charges for parking will not be zccepted.
Shipment Distance. \\Tam manufacturers have desalbuting poims in m pans of the country, shipmam is
expected fro the nearest distribution point to destitution and excess freight will he deducted from Invoice when
shipments are made fmm pamper attempt.
Permits. Sella shall procure at sellers sole art all neesary permits, certificates and ]Lee. required by all
applicable Imsx, regulations, ordinances and mles of tM state, municipality, .riary or political subdivision where
the work is performed, or required by any offer duly confirmed public authority having jurisdiction over Ne work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
.cured by them by mod area assured or established violation of any such Laws, regulations, ordinances, talcs
and requirements.
Authorization. All panics in this contract agree that the rcpresemmilives ore, in fail, honer fide and possess full and
complete authority to bind said parties.
LIMITAI ]ON OF TERMS, This Purchme Order expressly limits acceptance In the terms and conditions stated
hem inset forth and any supplementary or additional terms and conditions annexed hereto or incoryomted herein by
reference. Any additional or different feats and conditions proposal by seller are objected to vad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTismediately ifyot cannot make madden, shipmerd to arrive on your
promised delivery dare m road. Time is of the essence. Delivery and performmce mast he effected within the time
sad on the purchase order and the docmnrnts combed harem. No acts of the Purchmers including, without
limitation, acceptance of Imnul late deliveries, shall opmrm as a waiver afthis prevision In the s'em ofany delay,
the Purchaser shall have, in addition to other legal ad equitable remedies the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall rat Far liable for damages As is ream), of delays
due to causes not reasonably bureaucratic which are beyond its preamble cones) and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities Gres, strikes, Bond, epidemics, wars or
riots provided far notice of the condiders arming such delay is given to the Purchaser wifin five (5) days of the
time when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall No
extended far the period equal to the time actually lost by r.n ofhe delay.
3. WARRANTY.
The Seller warrants that all good, articles, nationals and work covered by this order will conform with applicable
drawing, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair tar make
gawk without cost to the purchaser, any defects or faults arising within one (1) year or within such longer permit of
time m my be popeadbed by law or by the terms ofany applicable warmly provided by the Seller ado the date of
acceptance of the good famished handnda (acceptance not to be unreasonably delayed), resulting from impafa,r
or defective work done or nationals frvishpi by the Sella. Acceptance or use of goofs by the Primmer shall not
omtimte a waiver of any claim ands this warmly. Except as oherwise provided in this parch,.ut, order, the Sellers
liability Indianola shall euad a all damages pmximmely aimed by the breach of my of the foregoing armies
or guarantees, but such liability shall in no event include loss of preGts or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FTINESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal Ors by winrn change order.
5. CHANG LS IN COMMERCIAL TERMS.
The Purchaser may make any changes to the leans, other than legal teats, including addinom to or deletions Gum
the quantities originally ordered in the specifications or drrwings, by verbal or wrinen change order. 11'tiny such
change effats the ompunt due or the lime of aafrmo hemader, tar equitable adjustment shall be mnde.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, terminate this agreement m many or all portions of the
gosh then not shipped. subject to any equitable adjustment between the parties as to any work or mamrials then in
progress provided Ihat the Patches, shall not be liable for any claims for anticipated rivals on the uncompleted
pardon offe good andor work, for incidental or consequential damages, and that no such adjmtment be made in
favor of the Seller with respect to any good which one the Sellers suMard stock, No such nomination shall relieve
We Pprchmer or the Seller ofany of their obligation m to any goods delivered hareuMa.
7. CLAIMS FOR ADJUSTMENT.
Any claim for valfa meet most be assured within harry (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warns that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject The Seller shall execme and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations rmuired to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnity and hold the Pmchma harmless from all costs and damages suffered by the Puaha.r as a result of the
Sellers fi lure to comply with such law.
9. ASSIGNMENT.
Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereonda without the
prior %no" consent of the other party.
10. TITLE,
The Sella, wamans full, clear and unrestricted tide 1. the Purchma for all equipment, tnarerials, and items famished
in performance of this agreement free and clot of any and .11 Item, rmtncriom, rezmatw., sttvrily interest
encrprom cs and claims ofathers.
I I. NONWAIVER.
Failure of the Pumhasm to must upon stria performance of the terms real cardamom hereof, failure or delay to
exercise any rights or remedies provided brain or by law, failure to promptly notify the Seller in the event of is
breach, the acce ..for p rrmmt for good heeundmm seemed of the design, shall not release the Sella of
nay of the warranties to obligations of fix pduclu e ocher and shall r d be, deemed it waiver of any right of the
purchase, 1. imisl upon sane, perferrmantt hereof ce any of its rights of remedies m to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, per shall any putponed
oral mafificalum nr rescission of this parch.. 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 economic practice, overcharges resulting fmm antitrmt
violations arc in fact home by the Purchaser. Theretofore, Fr, .ad cause and as comiderem. 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 sure antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Pardoner pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser doers the Sella to appear nonconforming or defective goods by a date to be agreed upon by the
Purthmer and the Seller, and the Seller the.after indicates its inability, or ramillwgness to comply, the Purehmor
troy eauce, the work in be prefectural by the most expeditions means available to it, and the Seller shall pay all
costa associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier fmm all liability and claims of any nature
resulting fmm the performance a'such work.
This refuse shall apply even in the event of fault of negligence of the parry relented and shall extend to the
directors, ofcros and employees ofsuch parry.
The Seller's contractual obligations, including waranty, shall am be deemed to be reduced, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is raluid as use any design device, ..penal or process coved by later, parent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the me of such punched design, device, nearerial or process in connection with the contract, and
shall masonry the Purchaser for any cost, expert. or &,sage which d nay be obliged to pay by ream. of such
infringement at any time during the preparation or after the completion of the work. In cam said equipment, or
any pan thereof or the intended me of the good, is in such suit held to mandate infngemem and the use of
said rquipmrnl or Pan is rejoined, the Sella shall, at its own expense and or its option, either procure for the
Purchvasa the right . amine sing said equipment an pairs, replace the same wit substantially expeal but
raninGtnging equipment, or modify it so it becomes nonfnfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bmkmpt, make an assignment for the bmetG of creditors, appoint a
pereiver or trustee for any of the Sellers property or broup., tltis order may foMwitb be canceled by the
Purchaser waffirm liability.
16. GOVERNING LAW.
The definitions of terms med or the interpretation of the agreement and the rights of all panics hereunder shall be
cornmeal under and governed by the laws of the Store of(olomda, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
deluding the services ofsollas Repre.ntativHs). on the premises afothers.
17. SELLERS RESPONSIBILITY.
The Seller shall arty an said work at Seller's own risk until the same is fully completed and accepted, and shall,
in ase of any accident, dmtmctim or injury to the work andror nationals before Sellers final completion and
acceptance, ..plate the work ed Seller's own expense and to the satisfaction of the Purchases. When maten.B
aM cquiptnrem are furnished by othrn for imallmio. or auction by the Sella, the Sella shall receive, unload
stare add handle .me at the site aM become rporsible therefor m fought such rmvermals md'or equipment
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 of in connection with the work covered by this purchase order,
proper to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
sbml also may comprehensive grand liability including, but not limited to, contractual and automobile public
Inabdlty insurance with bodily injury and death limit of to least S300,000 for any one person, 5500,000 far any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
if any, a provide for such ampemation and insurance. Beth m re any of the Sellers his contractors
employees shall do any work upon the premiss of others, the Seiler shall famish the Purchaser with a certificate
that such compensation and insurance have been provided Such certificates shill specify, the data when such
compensation and insurance have been provided. Such ceniftcmes shall specify the date when such commotion
and improper expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is compled and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asumea the entire responsibility and liability far any and all damage, loss err injury ofany kind
or nature whatsoever to persons or property caused by or resulting fmm the exeatim of the work provided for in
this purchase order or in connection hcrewif. The Scller will memory and hold harmless the Purchaser and any
call of the Purchasers ofee, ants and employees from and against any and all claims, lasso, damages.
harges or expenses, whether direct m indirect, and whether Io persons or property is which the Purchaser may
be put or subject by reason of any act, action, negled, omission or default on the Pan of the Seller, any of his
contractors, or any of the Sellers or contractors ofeers, agents or employees. In case any suit or other
proceedings shall be bought against the Purchaser, or its offers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his cantacmrs or any of its or
their officers, agents or employees as afresaid, the Seller hereby agrees In assume the defense thereof and to
defend the same at the Sellers own expense, W pay any and all casts, charges, a0omeys fees and other expenses,
any and all judgmofs far may be inured by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lam be, placed upon art
obtained against the propmy of the Purchaser, or said panics in or in a result of such suits or other proceeding,
the Seller will at once came the same to Iac dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall rake all same, preamians, famish and install all guard necessary for the prevention of
accidents, comply wit all laws and regulations with regard in safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all pales and regulators issued famous thereto.
Revised 03CO10