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HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 3214095 (2)Fort Collins Date: 09/10/2014 Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS CO 80525-2576 PURCHASE ORDER PO Number Page 3214095 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: 09/10/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add addtl funds 1 LOT LS 75,000.00 perreq.#48033 Total $75.000.00 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 Pay terms net 30 days 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state ad local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. FWeral Excise Tax Exemption Cenificae of Registry S4-600058) is registered with the Collector of Failure of fle Purchaser to imut upon stria performance of the tents and condition hereof, failure or delay, to Internal Revenue, Denver, Colorado IRK Colorado Revised Statmes 1973, Chapter 39-26. 114 (a). exealse any rights or ¢medics provided heein or by law, fail.. to promptly notify the Seller in the event of a branch, the acceptance ofor payment for goods hereuMer or approval of the design, shall not eleae the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be retuned to you for credit end arc not to he replaced except upon receipt of war en purchaser to insist upon moor performance hesmf or any of its rights or remedies m to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any pon, aed oral modification or nariamen of this purchase order by the Purchaser operate as a waiver of any of the team Insist GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, se r equipment in response ern this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Hinomeen it is to be undemood that FINAL Sella and the Purchaser recognize Ghat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required impaction procedum. violation we in fast home by the Purchaser. Theremforenforr good cause and as consideration for executing this purchase rile, the Seller hereby assigns to the Purchaser any and ell claims it may now have or hereafter Freight Team. Shipments most h COD, City of Fon Collins, 700 Wood St., ran Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating b the particular goods or services otherwise specified on this order. If permsurn u area m prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanuo this purchase order. bill must i romaanv invoice. Additional chances for Packing will not M accepted. Shipment Distance. Where ma inf harm have d'tstdbarm, looms or varion pans of the country, shipment is expected from the nearest distribution point to darimtion, and excess fight will he deducted from Invoice when shipments are made from greats distance. Permits. Seller shall procure at sellers sole cost all necessary permits, taliicaces and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authodry having jurisdiction over the work of maxim. Seller further agrees m hold the City of Fort Collins hurmless front and against all liability and loss actured by them by reason of an asamed or established violation of any such laws, regulations, calibrators, rules and m,airemems. Authorization. All patties to this contract agree mum the representatives are, in fact, Woo fide and possess full and complete maturity m bind said panics. LIMITATION OF TERMS. This Purchase Or expressly limits acceptance to the terms and condition seas herein xr fords and any supplemmmry or additional temp and condition annexed hereto or incorporated herein by reference. Any additional or difmca team and coditiom proposal by seller arc objected to and hereby japed. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout eannot make complete shipment to arrive on your promised delivery dam as toed. Time is same csunce. Delivery and performance must be alRced within the time stated on the purchase order and the documents attached hame. No acts of the Purchases including, without limit r. acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages, However, the Seller shall not be liable for damages as . tank of delay due m causes nor reasonably foreseeable which are bryand its reasonable control and without its Fault of negligence, such ads of God, act of civil or military aoth ni ies, gaveremental prionties, Gres, stakes, flood, epidemics, wars or Has provided that ounce of the conditions causing such delay is given to are Purchmer within five (5) dot's of the time when the Seller first received knowledge thereof, In the event of am such delay, the dale of delivery shall be extended for the pad equal full time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all good, anidas, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit for the purposes inumaj and performd with the highest degree of cart and competence in accordance with accepted sandools for work of a 'mils nature. The Seller agrees 1. hold the purchaser hvmlrs from any loss, damage or expnu'e which the Purchaser may suffa or incor on easmnl of the Sellm bench of wannci The Seller shall replace, repair or make good, without cast in the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the teams of any applicable warranty provided by the Sella after the date of acceptance of the gaols furnished hereunder pa,paxam not to be unreasonably delayed), resulting from imperfect or defective work done or morass famished by the Seller. Acceptance or nor of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend In all damages proximately caused by the breach of any same foregoing warranties or guarantees, but such liability shall in no event include loss ofprofice 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 to legal teas by written change ode_ 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change, on the mans, alum Wn legal .mac, including additions to of delmion from the quantities originally ordered in ale specifications or drawing; by vmbal or written change order. If any such change officers the amount due or me time of perfomance hmanda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, eaime this apartment as to any or all pnnium of 'he gaols then oat shipped, subject to any equiluble adjustment between the parties as to any work or materials then in progress provided that the Purchase, shall not be liable far any claims for anticipated profits on the uncompleted portion of the goods anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stack. No such Lamination shall relieve the Purchaser or the Seller army of their obligations m to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for armament most be asserted within many (30) days from the date ate change a termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants dart all goads sold heremaa shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations 10 which the goods are sot The Seller shall execute and deliver such daummts as may be requird m effect or evidence compliance. All laws it negotiations, rmuird to be lineamental ern agreements of this charades aft hereby inearyoaLd ham by Nis reference. The Seller agrees m indemnify and hold are Puchme, hancleas fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tranfeq or convey this order, or any monies due or to become due hereunder without the prior written consrnt of the other party. 10. TITLE. The Seller warrens full, clear anal shicied title to the Purchmer for all aprtment, materials, ad items f ishal in performance of this agreement free and clear of any and all lien, restriction, rcservntime, accunry imertst encumbrances and claims arouses. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purclummur di.cu the Seller no tracer noomnf ing or defective goods by a date b be agreed upon by de Fromm, it the Sella, end the Seller therea0er indicates is inability or unwillingness to comply, the Purchases nay cause the work to be performed by the most expeditious mmm available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature naulfing farm the prafro m ic, of such work. This release shall apply even in the event of fault of negligence of the party relayed and shall extend to the directors, officers and employees ofsuch party. The Sellees contractual obligations, including wavanry, shall not M dttmd to be reduced, in any way, because such work is performed or caused to be performed by the Purchaa. 14. PATENTS. Whenna thr Sella u amui.d to use any design, device, material or process covered by letter, patent trademark ra copyright, the Sella shall indemnify ad save handess der Purchaser from any and all claims for infringcaem by .a n of the use of such patered design, device, material or prods, in mmection with are Warmer, and shall indemnify the Purchaser for any cost expense a damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of are work. In case said equipment, or any pan tracer or the intended use of the goods, is in such suit held to mmaitu r infringement and the me 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 the same with substantially m aA but noninfringing equipment or modify it so it becomes noniufnnging. 15. INSOLVENCY. If are Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a merim, or bmlee for any.of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The def notion oftemts stud or the inteapreation ofthe agreement and the rights ofall Parties breuda shall be mmuual under sand governed by the laws of the Sate ofCcAmado, USA. The following Additional Conditions apply only in comers where the Setter is to perform work hummul r. services; including the services;of'Sellm Represenafive(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of any accidem, destruction or a,.ry to the work andfr materials before Sellers final completion and acceptance, complete the work to Seller's own expense and to the satisfaction of the Purchaser, When materials and eginpro m or famished by others for installation or aection by the Seller, the Seller shall receive, unload store and handle same in the site and became responsible therefor m though such materials anchor equipment were being fumional by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expeme, provide for the payment of workar compemation, including cats miowl disease benefits, to its employees employed on or in connection with the wrk covered by this pumM1me order, anchor to their delicateness in accordance with the Imes of ale state in which the work is . be door. The Sella shall also cam comprehensive general liability including, but not limited to, contractual and amomobile public India,, imumnce with bodd, many -it death limits of at les S30g," for any one person, S500,00 fur any one accident ad propery damage limit pa accident of S400,000. The Seller shall likewise rm.ire has tun ronom, if any, to provide for such compensation and romance. Before any of the Sellers or his commeors employees shall do any work upon the premises of others, the Seller shall famish are Purchaser with a certificate that such c mpenamom and announce have been provided. Such canlficates shall specify ale dare when such amperestion 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 maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ri pomibiliry and liability for my and all damage, lass or injury ofany kind r maore whatsoever m persons or property ansd by or resulting from the execution arts, work provided for in Nis purchase order or in comb m. herewith. For Sella will indemnify and hold harmless the Pwchmer cad any r all of the purchasers officers, agents suit employees from card against any aW ail claims, losses, damages, clux,es or expemes, whether direct or idirect and whether an, pesos or property to which the Purchaser may be put or subject by reams of my act action, neglect omission or default on tee pan of the Seller, my of his contradors, or my of rate Sellers or contractors officers, agents or employees. In mse my suit or other procdrngs shall be brought again, the Pu.hmm, or its inters, agmts or employees err any fine on accomt or by reason of any tut action, neglect, omission or default of the Sella of my of his mntmctim or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees a assume the &ft. therm( not to defend the same as The Sellers own expense, to pay any and all cans, charges, atmmeys fees and other expervses, any and all judgments that may be incurred by or abnormal againat the Purchaser or my of as or their officer, agents or employees in such max or .,her proceedings, end in con, judgment or other lira be placed upon or obtained against the property ofthe Pumh om, or said parties in or as a result of such suits or other pmcedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions. Furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant memo. Revised Wal)[4