Loading...
HomeMy WebLinkAbout107133 BATH INC - PURCHASE ORDER - 9141870 (3)City of F1010 ort Collins Date: 10/01/2014 Vendor: 107133 BATH INC 2000 E PROSPECT ST PO BOX 1966 FORT COLLINS CO 80525-1313 PURCHASE ORDER PO Number Page 9141870 101`2 This number must appear on all invoices, packing sli s and labels. 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 Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Landscape & Irrigation Work STC Change Order 2 4!N 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 5,178.00 178.00 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 Ciry of Fan Collins is exempt from state and local tarts. Our Exemption Number is 98-01505. Federal Excise Tax Exemption Certificate of Reginry 8,1 0 582 is registered] with the Collector of Internal Revenue, Denser. Colorado (Ref. Colorado Revised Senates 1973, Chapter 39-26,1 M (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned m you for credit and are not m be replaced except upon receipt of written instructions; Earn the City of Fan Collins. Inspection. GOODS are subject m the City of Fan Couim inpetion on arrival. Final Acceptance. Receipt of the merchandise, sarocas a equipment in feapome Na this order an result in authorised payment on the pan of the City of Fort Collins, Unwever, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of at I applicable required inspection procedures. Freight Tears. Shipments must w F.O.B., City of Fan Collins, ]Oo Wood St., Fort Collins, CO 80522, unless otherwise specified an Nis orda lfpermission is given to papay freight and charge separately, fhe original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is expected from the nearest distribution point to destination, and ears, freight will he deducted from Invoice when shipments art made from g.met distance. Permits. Seller shall procure at sellers sole cast all necessary permits, ratifications and licara required by all applicable laws, regulations, ordinances and rates ofthe stale, municipality, territory, or political sundivision where the work is Performed or required by any other duly constituted public authority having jurvalinlon over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass soduned by them by reason of m assured or established violation of any such laws, regulations, ordinances, rates regairtmrnn, Authurivalion. All panics to this contract agree that the repreunurives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and concur... stated herein sec farm and any supplementary or additional terms and conditions annexed harem or incorpoated herein by reference. Any additional or different terms and conditions proposed by sifter am objected W and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date a, nomd. Time is of the essence, Delivery and performance must be effected within the time sated on the purchase order and the documents attached hereto. No arts of the Purchasers including, without limitation, mcephowe of partial late deliveries, shall operate m a waiver of this provision. in the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, Ne Option of placing this oNer id.mte and holding the Seller liable for damages. However, the Sailer shall not be liable for damages as a result of delays due to cartoon not reaw subly foreseeable which arc beyond its reasonable control and without its fault of negligence, such ace of (od, acts of civil m military authorities, governmental Francis, fires, stakes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, me date of delivery shall be extended for the period equal to the time actually lost by rtawn ofthe delay. d. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and., other descriptions given, will be fit for the pugams intended and performed with me highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser hmmlas from any loss, damage or expense which the Ruchrea may sufferer incur on account of the Sellers breach ofwarnsnry. The Sella shall replace, repair or make good, without cost o dre purchase, my defects or faults easing within one (1) year or within such longer period of time as may be, prescribed by law or by the arms of any applicable worrwty provided by the Seller after the data of acceptance of the goods fumished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or collective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this isometry, Except in otherwise provided in this purchase order, he Sellers liability hertunda shall extent to all damages ptoximmely .it by the breach of any of the, foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Imes of rue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL I ERMS. The Purchaser may make changes m legal lams by within change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addif axi to or deletions from the quantities originally ordered in me specifications or drawings, by verbal or w'ritcn change order. If any such change afcas the amount due or the time of pafurounce hereunder, an equitable adjustment shall be nude 6. TERMINATIONS. The Purchaser may m any time by watma change order, terminate this agreement as to any or all portions of the goods that not shipped, mbjecf fo any available adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable far any claims far anticipated profiu an the wtnmplefed portion of the gas and/or work, for incidental or come Picalial damages, and that no such adjustment be made in favor of the Seller with respat to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjutnent most be asserted within thirty (30) days tram the date the change or terniranion is ordered. 8. COMPLIANCE WITH LAW. The Seller wemails that all goods sold hereunder shall have been produced sold, delivered and Ravished in strict compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such doe.. as may be required fo eflect or evidence compliance. All lass it regulations; sluiced to b , incorporated in agreements of Nis chimemr are hereby incorporated herein by this ref ce. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser an a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramfer, or convey this order, many moues due or m become due hereunder without the shot writer consent afthe other Party. 10. TITLE. The Seller warrants full, clear and rurearicted title to the Purchaser for all equipment, materials, and items famished an performance of this . far eemen, free and clear of any and all Item, mWiclims, reservations, security interest encmobrances and claims ofothers I1. NON WAIVER. Failure of the Purchaer w indif upon inner performance of Jte terms and conditions hereof, fmlum at delay to y rights or remedies provided herein or by law, failure to Promptly testify the Sella in the event of a breeer ach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not relecas due Seller of any of the warranties or obligations of this purchase order and shall not be chemical a waiver of any right of me purchaser to insist upon strict performance humidor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, m to eery prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by me Purchaser assume is a waiver of any of me It. hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser remgnim that in actmd economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good came and m considemfion for executing this purchase all the Sella hereby assigns to the pardoner any and all claims it may now have or hereafter acquired under federal or state continuo laws for such overcharges aiming a me ponicular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 11 PURCI I ASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to caned nonmnfornsing or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause f is work to be performed by the mast expeditious memos available to i, and the Sella shall pay all cons aaociated with such work. The Sella shall release the Purchaser and its contractors of any tier Fran all liability and claims of any naurt resulting from the performance ofmch nark. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dincmrs, ofcas and employees fsuch parry. The Sellers contractual obligations, including wance , shall Wf h deemed to be reduced, in any way, because such work is pafrrmed or caused to be promomed by the Purchaser. 14. PATENTS. Whamsenhe Stiller is acquired to use any design, device, material or process covered by later, pared, trademark coPYnph, the Sella said indemnify and save harmless the Purchasmar from any and all claims for infringement by reason of the use of such patented design, device, material at process in connection with the contras, and shall indemnify the Purchaser for any vast expense or damage which it may be obliged to pay by ma x n of such inGngemem at any time doring the prosecution or after the complexion of the work. In case said acipmem, or any pan thereof or the intended use of the goods, is in such suit held to constitute Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for Ore Purcha the righl to continue using said cruipmrnt or parrs, replace the same with substantially equal but naninftinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or toome for any of the Sellers property or business, this order Trey forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tams, used or the interpretation ofthe agreement and the rights of all parties hereunder shall he combined under and governed by the laws ofthe State ofColoudo, USA. The following Additional Conditions apply only in cams where the Sella is to perform work hereunder, including the services of Sellers Represenutive(s), on the premises ofodrus. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shalt vast,in of any acmdent, de,mtmion art injury to the work and/or arterials before Seller's foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are garnished by others for installation or erection by Ne Sella, Jae Sella shall receive, unload sure and handle same or the site and became responsible thcrefm as though such material mal equipment were being fumished by the Seller under me order. 19. INSURANCE. The Seller shall, at his own expense, provide for the prymrnt of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andlor m their dependents in accordance with the has of the sum in which the work is to be done. The Sella shall also rang comprthems, general liability including, but not IimitM to. mntmclual and moombile Public liability insurance with bodily injury and dam limits of at least S300,000 far any one person, S500,000 for any one accident and property damage limit pa accident of S400,000. The Seller shall likewise require his contractors, if any, to provide tin such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specity the date when such an petwtian and insurance have bcen Provided. Such certificates shall specify the dam what such murprnmnon and insurance expires. The Seller agrees that such compensation and announce shall be mm mated until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller thereby ..as the more responsibility and liability far any and all damage, loss Or injury of any kind or mture whatsoever to persons or property cmtsed by Or resulting funs tb<execution of the work provided for in this purchase order or in wnnemion herewith. The Sella will indemnify and held harrnless the provision and my r all of the Purthamrs afters, agents and employees from and agaimt my and all claims, losses, damages, charges or expenses, whether direct or indirect wed whefher to persons or property to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contractors Officers. agents or employees. In case any suit or offer proceedings shall be, brought against the Patchsser, or its officers, agents or employees at any time on account or by sawn of tiny act, action, rteglat omission or default of the Sella of my of his contactors or any of its or their ofcers, aged¢ or cmployas as aforesaid, the Seller Earthy agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expeaes, any and all judgments that may be incurred by or obtained against the Purchaser or any of in art their deers, again, or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or annual against the property of Ne Purcham . a said patties in or as is result of such suits or other Funceedings, the Sella will to care cause Ne same to he dissolved and discharged by giving bond or oNmsise. The Sella and his mntmdars shall take all safiry precautions, branch and imull all guards necessary for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, Ne Occupational Safely and Health Act of 1970 and al I roles and negotiators; issued pursuant Nerem. Revised 07R014