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HomeMy WebLinkAbout112203 WICK & TRAUTWEIN LLC - PURCHASE ORDER - 9145624Fort Collins Date: 09/29/2014 Vendor: 112203 WICK & TRAUTWEIN LLC 323 S COLLEGE AVE #3 FORT COLLINS CO 80524-2845 PURCHASE ORDER PO Number Page 9145624 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 09/29/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Title Search & Cleanup 1 LOT LS 45,000.00 Along Poudre River Total $45,000.00 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 Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from slate and local axes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Station 1973, Chapter 39 26, 114 Ed, exercise any rights or remedies provided herein or by law, failure w promptly notify the Seller in the event of a breach, the weeptance afore payment for Goods hereunder or approval of the design, shall eat release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamantles or, obligations of this purchase order and shall not be damed a waiver of any right of the damage to twon, may be mtumed to you for credit and me not to be replaced except upon receipt of women Purchaser to imisr upon strip per acrmce hereof or any of its rights or wooden. many such gwd, rgardlns instructions tram the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral m xiffl mion w rescission of this purchase order by the Purchxwr o foram as a waiver of any of be mutts Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, wrvices or equipment in ra,maw to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in wtud economic practice, overcharges resulting tram mutant ACCEPTANCE isdepandrn upenmmpletionofall applicabletequired mhires inspection pro. violations are in fact home by the Purchaser. Ther ifrm, for good cauw road an consideration for executing this purchase order, the Seller hereby assigns to the Forebear any ad all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fan Collins, 700 Wood St, Fun Collins, CO 80522, unless acquired under federal or state antittmt laws for such overcharges relating to the particular goods or services otherwise specified on this beer. If permission is given to prepay fight and charge separately, be original freight pumhmed or acquired by the Purchase pursuant to this purchase order. bill most wcompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Durance. Where manufacturers have distribming paints in sanow, lForts of the country, shipment is If be Purchaser directs the Seller in cornel nonconforming or defeclive goods by is date to be agreed upon by the expected from be neural distribution point to dmiration, and exert, fright will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or wwillingness to comply, the Purchaser shipments are made from goo. distance. may cause the weak b be performed by the best expahman meant mailable to it, and the Seller shall pay all cols associated with such work. Permits. Seller shall procure at sellers sale curt all meawry permits, cenifimtes and licenses terminal by all applicable laws, regulation, on imnc n and roles of the state, municipality, terrimry or political subdivision where the work is performed, or minimal by any other duly constimled public authority havingjurisdiction over be work of vendor. SeOer further agrees to hold the City of Fort Collins harmless from and against all liability and lass burred by than by renown offer, asserted or established violation army such laws, regulations, ordinances, tales and requirements. The Seller shall release the Proclaim, and its comrxtors of any tier from all liability, and claims of any more resulting from the parliament afsuch work. This release shall apply even in the pant of fault of negligence of the W,ry released and shall extend to the drawn. oRcers and employees Orion perry. Authoriasrion. All panic to this contract agree that dew representatives are in fan, bout fide and possess full and The Sellers announced obligations, including warranty, shall rest he deemed to be reduced, in any way, became complete authority to bind said ponies. such work is performed or caused w be, Performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits save fine to flee terms and conditions stated herein sec forth and any supplementary or additional ¢rats and conditions annexed hereto w uncommon] herein by rfermce. Any additional or different terms and conditions pmposN by offer arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately i(pur cannot make complete shipment to arrive an your promised delivery dam as noted. lime is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No ace at the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Pnrchmer, shall have, in addition to other legal and egmlable remedies, the option wplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not easonably foreseeable which we beyond its reasonable control and without its fault of negligence, such acts of God, ors ofcivil or military authorities, 6ovemmental prionfies. fires, strikes, flood, epidemics, Ours or riots provided that notice of the conditions causing such delay is given to the Pnrchmer within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the safe of delivery shall be extended for the peril equal to the time actually lost by raven of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, murrials and work covered by this order will contort with applicable drawings, specifications, Nmples and/or other descriptions given, will be fit far the p.,Os,e intended, and performed with the highest degree of care and counterman in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, don, or expense which the Purchaser may super or incur on account of the Seller breach of wannnty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year Or within such longer prod of time as may be pranibM by taw or by the terms of any applicable wantmty provided by the Seller after the date of acceptance of the goads furnished hemander (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warmaly. Except as otherwise provided in this purchase Order, the Sellers liability harbider shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gunionums, but such liabil try shot[ in no event include An of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pnrchmer may make changes to legal terra by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mama, other than legal terms, including mWitions to or deletions from be quantities originally warred in the x pefficanom or drawings, by verbal or written change order. If any surh change affects the amount due or the time of Performance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may or any time by woven change order. terminate his agreement as to any or all portions of the good then not shipped, subject to any notable adjustment between the parties as to any work or materials then in progress provided but the Porcbnser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andor work, for incidental or consequential damages, and that no such rub amenl be, made in favor of the Seller with rapes many goods which am the Sellers standard sank. No such termination shall relieve the Purchaser or the Sella army affair obligations as as any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for ad,.t.t taus, be wsuned within thirty (30) days from the date the change or arbitration is ordered. S. COMPLIANCE WITH LAW. The Seller .1, that all goods sold hereunder shell have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods arc mbjm. The Seller shall execute and deliver son documents in may be annual to effect err evidence complimm. All laws and regulations required b be ncorpomtd in agreements of this chaacer arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchases hvnden, from all can and damages suff red by the Purchaser as a sesul, of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither patty shall assign, mensfer, or convey this pear, or any monies due or to become due heretudar without the prior written mmem of the other pony. 10. TITLE. The Sells wartanIs full, dent and unrstric,d title to the Purchase, for all ryhipment, materials, and it. famished in performance of this agreement, free and clear of any and all Item, restrictions, rwrations, secunry interest encumbrances and claims ofothers. 14. PATENTS. Whenever the Seller is required m me any design, device, material or process cm'erd by letter, pawn, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such pointed design, device, material or promss 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 infn'ngement ar any time during be mccueution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, is in such wit held b constitute infringement and the use of said equipment or putt 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 parts, replace the same with substantially equal but nonlnGmgtng equipment, or modify it so it becomes warefiringing. 15. INSOLVENCY. If the Seller shall became insolvent or l ad mpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this ader may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation of the agreement and the rights of all panic hereunder shall be construed uade, and gioneed by the laws trust, State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Seller, Represeowtive(s), on the premises ofothers. O. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellei s own risk until the same is fully completed and accepted, and shall, in case of any accident, dewourn w w injury to the work and/or towards before Sellers final completion and cceptance, complete the waft at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by others for installation or nation by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller under the seer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, in is employees employed on or in connection with the work covered by this purchar order, mdfor to their dependents in accordance with the aws of the state in which the work is to be done. The Seller shall also any comprehensive ground liability including, but not limited to, mmractual and automobile public liability insurance was bodily injury and death limits of or lest S300.D]J for any one person, 5500,000 for any e written, and propdy damage limit per wciderit of 5400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Brfor any of the Sellers or his mmmemn employees shall do any work upon the promises of others, the Seller shall famish the Pumhuer with a certificate that such compensation and insurance have been provided. Such certificates shall sped% the dam when such compensation and insurance have been provided. Such artifca e, shall specify the date when such compensation and inurmce expires. The Sella agrees but such compensation and insurance shall be mainmind ..,it after thc entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assumes the a ri , mr,ombiltty and liability for any and all dosage, loss or injury army kind or retire whmscever to persons or property caused by or resulting from the execution arts, work provided for in pus purchase order w to cotaation herewith. The Seller will indemnify nod held harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and again, my and all claims, losses, damages, charges Or expenws, whether direct or indirect, sad whether to person are property to which the Purchua may 1w pm or subject by own of my act action, neglect omission or default on the pm of he Sella, any of his ontractms, or my of the Sellers or contractors officers, agents or employers. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents car- employes at any time on account or by rcawn of my act action raglan, omission or default of the Sella of my of his enormous or my of its or their officers, agents or employees in aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same in the Sellers own expense, to pay my and all casts, charges, moneys fees and other expenses. my and all judgmer s but may be incurred by or obtained again, the Purehmer or my of its or tbeir oRcm, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a,nult critical suits err other proceedings, the Seller will at once cause the same to be dissolved and dischni by giving band or otherwise. The Seller and his conuacmss shall take all safety praautiom, famish and install all guard naecwry for be prevention of accidents, comply with all laws and egulatiom with regard to safety includin& but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Raised 0IR014