HomeMy WebLinkAbout107133 BATH INC - PURCHASE ORDER - 9141870 (2)PURCHASE ORDER PO Number Page
City of9141870 ,oft
`t Collins( V Thisnumber must appear
` on all invoices, packing
sli s and labels.
Date: 08/14/2014
Vendor: 107133
BATH INC
2000 E PROSPECT ST
PO BOX 1966
FORT COLLINS CO 80525-1313
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 04/02/2014 Buyer: JOHN STEPHEN
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 Landscape & Irrigation Work
STC Change Order 1
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
5,778.42
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tefms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City or Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98 W502. Federal Excise Tax Exemption Caldron, of Registry 84-6fiall is regismrN with the Collector of
Failure of the prominent,to insist upon strict affirmance of the mmrs and conditions hereof, Entire or delay to
internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, skull not release the Seller of
Goods Rejeced, GOODS REJECr6D due m failed, to meet specifications, either when shipped or due to defects of
any of the solemnities or obligttions of this purchase under and shall not be deemed a waiver of any right of the
damage in transit, may be resumed w you for credit and care not to be replaced except upon ratio of written
purchm r to insist upon strict performmce hereofor any of its rights or damages as b any such goads, regardless;
instructions from she City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default journa , nor still any purported
oral modification or rescission of this purchase order by the Purchase operate ns a waiver of any of the terms
Inspection. GOODS are subject o the City warped Collins inspection on arrival.
hereof.
Final Aacpunce. Receipt of the merchandise, uricc or eopaprmm in response to this order an fauh in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized Formal. on the Pan of the City of Pon Edition. However, it is to be urdersmd than FINAL
Sella meld the Purchase rese ntre that in actual economic practice, overcharges resulting from .mnde id
ACCEPTANCE is depadap upon completion ofall applicable mluined inspection procedures.
violations art in Get bounce by the Pucnvser. Theretofore, foguc l cause and as consideration for cardso ng this
purchase ode,, date Stella hereby assigns m the Purchaser any and all claims it may now lave or hremia
Freight Tenn. Shipments must be EOJI, City of ran Collins, 700 Wood Sr. pun Collins, CO 80522, unless
acquired under federal or cute antitrust laws for such overcharges relining w the funicular goods or services
otherwise specified on this order. Irradiation is given to prepay freight and charge separately, the original freight
purchased or acquired by the Puncher pursuant to this purchase orde,
bill most accompany invoice. Additional changes for picking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
ShipmentDistance.hee.Whed,mbinedurcrs has excss tss Pans ofthecomrd is
Ifdhaaserad Fumigants the hermr nt nonconforming or defective goodsbinpum to beegreedle upon
daimadion, and Invoice
expected from the nearest ion point so dcsination, and aces freight will be deluded from Invoice wM1m
Profehe
theels
ssor
Purchaser ono the lla.ad the Sellery fiedul its inability, m it comply, the Purchase
.
Weather d
shipments ere made from grease disunce.
to band
ilabl, ,,
may wise the work so be performed by the most expeditious means available to is, and the Seller shall pay all
work the as,
costs associated with such work.
Permits Seller still procure at callers sole cost all necessary permits, cenlficmc and licenses acquired all
w
laws, regulations, ordinances roles of the sate, municipality, temtury subdivision where
The Sella still release the Purchaser and as contractors of any tier from all liability and claims of any nature
in jurisdiction
the work is perfodmed, y o public audhf om had g ainsdi
the work i required by any ether July
lie over the xnes
resulting from the performance of such work.
pad Cored
ll
vendor Salim further ogrees to hold the City of Fon Collins Harmless from and against all liability and loss
r
in net be them by reason of an asserted or established violadion of any such laws, regulations, ordinances, roles
his release shell apply even in she event of fools of negligence of she party released and shall extend to the
and rerequirements,d
mtrm' i, milkers end employccs o(sucM1 pony.
Authoriamien. All ponies m this cmnmct ogreo that the representatives are, in fact, bona fide and possess full and
complete authority to bind slid parties.
LIMITATION OF TERMS. This P.,uhTse Order expressly limits acceptance to the terms and conditions stated
herein set forth and any ort,lenenmry on additional lames and cuudumer, annexed hereto or incorporated herein by
reference. Any additional or different wo rs and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to ounce on your
promised delivery date as noted. Time is of the essence. Delivery and perfament, muss be effected within the time
added on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, accepmnce of Partial late delivena, shall operate as a waiver of this provision. In the event of any delay,
the Furch.er shill have, in addition to other legal and equitable remNies, the option ofplacing this oaks elsewhere
and holding the Seller liable for damages However, the Seller shall nod b, liable for damages as a milt of delays
due to causes not ressombly foreseeable which am beyond its reasonable control and without its faun of negligence,
such ace of God, acts ofdvil or military arthontiel govemmen at priondes, Fires, strikes, float, epidemic, wars or
nods provided that notice of the conditions musing such delay is given to the Purchases within five (5) days of the
lime when fe Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods. metes, materials and work covered by this order will confirm with applicable
drawings, specifications, samples andor other description, given, will be Et for the puryeus intended, and
Performed widh the highest degree of care and competence in accordance with accepted standards for work of a
aids, comm. The Seller ngreces to held da, purchaser handless from any lour, damage or expense which the
Purchases may suRa or incur on mcount of the Sellers breach of saxranty. TLe Seller shall replace, repair or take
good, without cost to the purchaser, any defects or faults arising within me (1) year or widdn such longer period of
time or may ne pxisrnbW by law or by she mans crony applicable warranty provided by the Seller after the date of
acceptance of the goods f fished hereunder (accepmnce not to be unarasoeably delayed), resulting from impartial
or defective work done or maderials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
onoi nd a evaiver of any claim code Nis wannnty. Except of otherwise provided is this pud,hace order, the Sellers
liability hereunder shall extend to all damages proximately aused by the breach of any of the foregoing wammties
or guamnttts, but such liability skill in no event 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 Purchase may make changes m legal temrs by wnhen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Buenasrnay make any changes In the tams other than legal terms, including additions to or deletions from
the quantisiesoriginal ly final is the sped ticutions or drawings, by verbal or written change under If any such
change draft the amount due or the time ofperomnume hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mmsinam this agreement as In any or all portions of she
goods then not shipped subject to any equitable o firilment between the parties de in any work or madruils then in
progress provided that the Product, shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods labor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect n, any goods which art the Sellers standard stock. No such marnivtien shall relieve
the Pembina or the Seiler of any offlid, obligations at w any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be decided within thins (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Jut all goods sold hereunder shall tine been produced, sold, delivered and knotted in ivies
compliance with all applicable lass and regulations to which do goods are subject. The Seiler shall execute and
deliver such documents as may ha rtquiml to effect or evidence compliance. All laws and regulators rtquiled to be
incorporated in agreements of this chorader art thereby incorporated herein by this reference. The Sella agrees as
indemnify and hold the Purchaser harmless from all costs aM damages mfT d by the Purchaser as a mule of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign coal or compy this under, or my monies due or to become due homemaker without the
prior wdhen ansea, of me afar, parry.
10. TITLE.
The Sella amounts full, clear add unfahicted title to fe Penance for all equipment, aamaiah, and items fiunished
in p.fmrmc a a of this greemet, nfin and firema ras r of any all li, restrictions,, rererverimec ss, surity imcrtat
encumbraccsand claims crackers.
The Seller's contractual obligations, including or—ory, shall not be deemed to be reduced, in any way, beaus.
such work is Performed or caused to be performed by the Purchaser.
14, PATENTS.
Wlsomin, the Seller Is respired to use tray design, device, malarial or process covered by letter, Patent, trademark
or copyright, the Seller slurp indemnify and save handless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held w constitute infringement and the use of
said equipment or pen is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said eliminator or parts, replace the same with substantially Nual but
mninGmging cgnipment, or modify it so it becomes arminfringing.
15. INSOLVENCY.
If the Sella shall become Inamlvms or bsakmpt, make an assignmat for the bmefil of creditors, appoint a
reetwor or Vuafee for any of she Sellers property or business, this mda may forthwith be canceled by the
Purchase without liability.
16. GOVERNING LAW.
The definitions, oriental aed or site interpretation of the agreement and the rights ofall parties hereunder shall be
...,it under mad governed by the lass c fee State ofColomdo, USA.
The fallowing Additioml Conditions apply only in cases where the Seller ex as perf work hereunder,
including the services ofScll. Reprecanusive(s), on the premises ofothers
17. SELLERS RESPONSIBILITY.
The Seller shall arty on said work at Sellas owe risk umil the same is illy completed and accepted, and shall,
in use of any accident, destruction or injury to the work manger stains bed Sidlefs final completion and
acceptance, complete the work at Sallee, awn expense and w the satisfaction of the Purchaser. When materials
and equipment me famished by others for installation or eafion by the Seller, me Sella mall meice, unload
store and handle same at the site and become responsible therefor as though such mmcnals and/or equipment
were being famished by the Seller coda the under.
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 or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller
shill also carry comprehensive general liability including, but not limited w, contractual and automobile public
liability insurance with bodily injury and death limits arm least $300,000 for any one person, 550gtdd for any
accident and property damage limit per accident of $400,000. The Seller shall likewise require his
urnn,nors, ifuny, w pmvid. tin cab compensation and insurance Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchase, with o certificate
that such compensation and insurance have been provided. Snob certificates shall specify the date when sent,
nmpensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mdnuined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby coumra the entire anointing, and liability for any and all damage, loss or injury of any kind
or nature whtaaever to persons or property caused by or resulting from the execution of the work provided for in
this purchase maker or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any
r ill of the Purchasers oricm, agents and employees from aM against any and all claims, lossm, during.,
charges or expenses, whether direct or iMimr, and wh ke 1. persons or musem, to which the Pruchaa may
ha put or subject by reason of my act, actions neglect, omission or default on the pan of the Sella, any of his
commands, or my of the Sellers o con.. officers, agents or employees. In case any suit or other
proceedings shall b<brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of my outer. action, neglect, omission or default of no Sella of any of by indimeiors or my of its or
their otlicers. .gaud s or employees or afinessid, the Seller hereby agrees to assume the defense rival mad to
defend the come at fe Sellers own eapmse, m pay my and all costs, charges, atromeys fees and what expenses,
any and all judgments that may be incurred by or obtained against the Particular or my of its or their officers,
agents or employees in such suits or other proceedings, and in cau judgment or other lied be placed upon or
obtained agaiar the prepare, of the Purchase, or said games in or as a fault ofsuch suit or other proceedings,
tha Seller will at once cans, the more, to be dissolved and discharged by giving bond or othersise. The Seller and
his contractors shall take all safety precautions, Emirs and iasull all guard necessary for the prevention of
accidents, amply with all lass and regulations with regard 1m surgery incltdwg, her without limiaton, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursacut therew.
Revised 074!014