HomeMy WebLinkAbout188076 PITZRICK & ASSOCIATES - PURCHASE ORDER - 9146572Fort Collins
Date: 1111012014
Vendor: 188076
PITZRICK & ASSOCIATES
9322 OVERLOOK TR
MINNEAPOLIS MN 55347
PURCHASE ORDER
PO Number Page
9146572 'eft
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: 11/07/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i OTHER PROF & TECH SERVICES 1 LOT LS 6,512.51
2570
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:purchasinga@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
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local axes. Our Exemption Number is
11. NONWAIVER.
9SA4502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with me Collector of
Failure of me Purchaser w insist upon wrict performance of the terms and conditions hereof, failure or delay to
littoral Revenue, Denver, Calmado (Ref, Coloado Revised Saates 1993, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly witty the Sella in On, event of a
breach. the acceptance ofor payment far goods hereunder or approval ofthe design, shall rot release the Seller of
Good Rejected. GOODS REJECTED due w failure to men specifications, either when shipped or due w defects of
any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any night of the
damage in transit, may be reamed to you for credit and we sot to be replaced except upon receipt of women
purchaser to insist upon shod performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from me City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof
Final Amepance. Receipt of the merchandise, services or equipment in response in this under eon result in
12.ASSIGNMENT OFANTITRUST CLAIMS -
authorized permit an the pan of the City of Fort Collins. Howavn, it is to be understand that FINAL
Sella and the Purchases recognize them is sera aromatic, pmoverc etice, hares rges ulting from It.
ACCEPTANCE is dependent upon completion ofall applicable mammal inspection procedure.
violations arc in fact home by the Purchaser. Thereupon. bar good mttse and ar co asidcaremn for executing this
purchase order, the Sella hereby cosigns to the Purchaser any and all claims it may now have or hereafter
Freight Tents. Shipments must be PO B., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under fNem1 or state bromuxt laws for such overcharges relating to the particular guns or services
otherwise specified oa this order If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the rurchmer pursuant to this purchase order,
bill most accompany invoice. Additional charges for packing will not be, inaytaL
I3.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Din Fmere manufacturers have disnibutingd various gain the country,
]film Purchasesdinesme Sella sommemnoncoodicategor detective goodbyanets to beegrted upon bythe
was de voicemn
expected from the nearing distribution point a destination, end exeass freight will be deducted from Invoice when
the
Purchases arts the and me Seller thawfter indicates in inability unwillingness a comply, Purchaser
shipments are made from greener distance.
es shall
may cause me work to be performed by the most expeditious means available to it. and the Seller shall pay all
work
costs assmiated with such work.
Permits Seller shall pmmrc at sellers sole cost all necessary permits, certificates and licenses natural by all
applicable laws, regulations, ordinances and rates ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority howagjunschetlon over rise work
of candor. Sella further agrees to hold the City of Tom Collins harmless from and against all Iiapiliry cord loss
incurred by them by eawn arm asserted or established violation of my such laws, regulations, ordiwuces, rates
and unpuirements.
Authonzution. All parties to this comma agree that the representatives are, in fact, bona fide and possess PoII and
omplete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and roMitions sated
herein set forth and any supplementary or add becoal tenor and conditions annexed hereto or incorporated herein by
refeteace. Any additional or different leans and emdifiom proposed by seller are objected as and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment or arrive oa your
promised delivery date as noted. Time is of the essence. Delivery and purfnumose most be eRecord wamn the time
sated on me purchase ruder and the documents marhed hereto. No acu of the purchasers including, without
limiation, ameptanre of partial late deliveries, shall operate in a waiver of this pmvismn. In the event of my delay,
me Purcla shall have, in addition to other legal and w uiable remedies, the option of placing this order elewhert
and holding me Seller liable for damages. However, me Sella shall not be liable far damages as a result of delays
due to muses not nationality foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of East, area of civil Or military authorities, g owanteral Enemies, fires, writes, food epidemics, wars or
now provided that notice of the cenditions causing such delay as given on the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event ofany such delay, the date of delivery shall be
extended for the period shoal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrant' that all goad, articles, materials and work covered by this order will conform with applicable
drawings, specifmtions, samples and/or other deaiptions given, will be fit for the purposes imended, and
performed with the highest degree of care and competence in accordance with accepted sandards for work of a
end. aware. The Sella agrees to hold the vamhor, hmmless fmm any lass, damage or epeme which the
Purchaser may suffer Or incur an account of the Sellers breach ofwananty. The Sella shall replace, repair or make
good, without cat to me purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may he presented by law or by the lames of any applicable warranty provided by the Sella after the date of
aceeptanm of me goods famished hereunder (acceptance not to be ufaeasoably delayed), mulling from imperfat
or defective work done or mewrods furnished by me Sella Acceptance or use of good by me Purchaser shall not
mnatimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, me Sellers
liability hats nda shall extend In al I damages proximwtely mused by the breach Of any of the foregoing warrantee
or guarantees, but such liability shall in no event include lass of proms or loss of ace. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal ems by w-nnen change order.
A Cl IANGES IN COMMERCIAL TERMS.
The P rmhnser may make any changes to the firms, other than legal terms, including additions to or deletions fmm
the consulates originally not in the specincmiom or dmwinpy, by verbal or wno— drawl. order. If any such
change affects the amour due or the time ofperlmmance hereunder, an equmble adjustment shall be made.
6. TERMINATIONS.
The P-hewer may w any time by women change order, terminate this agreement m to any or all portions of the
goods then not shipped, subject to any amiable adjustment between the parties as to any work or matmals then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits On the uncompleted
portion of the good and/or work, for incidental or cot me,n nlial damages, it that no such adjustment he made in
favor of the Seller with ¢spar to any good which are the Sellers standard stock. No such termination shall relieve
me ptucM1aser or the Seller ofany of weir obligations as to any, gums delivered hereunder.
I. CLAIMS FOR ADJUSTMENT.
Any claim for ndjuam rid must be asserted within of" (30) days from the date the change or termination is
ordered.
B. COMPLIANCE WITH LAW.
The Seller warrans mat all goad sold hereunder shall have been produced, sold, delivered and famished in strict
compliaae with all applicable laws vd regulations a which the goad arc subject The Sella shall execute and
deliver such documents as may be required in effect or evidence compliance. All laws and regulations m tired at be
incorporated in agreements of this character art hereby incorporated herein by this rebounue. The Seller agrees to
indemnify and hold the Puchaser harmless fmm all costs and damages suffered by the Purchaser as a result in the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tanager, or convey this ondn, or any monies due or to become des hereunder without me
Prior wrimen comrnl ofthe other parry.
10. TITLE,
The Seller warrants Poll, clear and unrestricted title to the Purchaser for all Naipmrnt, materials, and items furnished
in performance of this agreement, free and clear of any and all lies, restrictions, reservations, smunty interval
actunbrmwas and claims of others.
The Seller shall release the Purchaser and its cmmoacars of any tier from all liability and claims of any nature
resulting firm me performance attach work.
This relcaw shall apply even in the event of fault of negligence of the party mleaad and shall extend to me
directors, of ices and employees of such parry.
The Sopei s contractual obligations, including warranty, shall not be deemed to b, reduced, in any way, because
such work is wo m i ed or caused to be performed by me Purchaser.
14. PATENTS.
Whcneva me Seller as required as use any design, device, madminal narrowness covered by later, patent, trademark
r copyright, the Sella shall indemnify and save hcand. the Purehuer from any and all claims for infringmrwnt
by reason of the um of such patemed design, device, rumen d of process in connection with me contract, and
shall indemnify the Purchaser for any cast, expense ar damage which it may be obliged to pay by reswn of such
infringement at any time during me prosecution or offer 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 to constitute infringement and me use of
mid equipment or pan is enjoined, the Seller shall, at its own Organic and at its option, allow procure for the
Purchaser the night to became, using said equipment or panic replace me more with substantially equal but
rwninGmnging equipment, or modify it so it becomes nonintHngivg.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the beam of creditors, appoint it
receiver Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions afters used or the imagination. afine agreement and me rights oFall ponies hereunder shall be,
onamed under and governed by the laws ofthe Sam ofColomdo, USA.
The following Additional Conditions apply only in taus where the Seller is Ins perform work hereunder,
including me services of Sellers Represenative(s), on the premises ofomers.
❑. SELLERS RESPONSIBILITY.
Tfa, Seller shall cart, on said work at Sellers own risk until me same is fully completed and overload, and shall,
aacase of any accident, destruction or injury to fire work and/or materials brfore Sellers fact completion and
eplance, complete the work at Sellers own expense and to the satisf scion of the Pachxaa. Nmen materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become reponsible therefor as though such materials and/or equipment
were being famished by me Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for me payment of workers compensation, including occupatimW
disease benefa, to its employees employed w 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 Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability as umnm with bodily injury and death limits of at must 53OmO(w for any are person, $500,000 6r any
one incident and property damage limit per accident of $400,000. The Seller shall hiawue require his
ontmetors. if any, to provide for such compensation surd insurance. Before any of me Sellers or his Commissions
employees shall do any work upon me premises of omcrs, the Sella shall famish the Purchase with a certificate
that such compensation and insurance have been provided. Such cenifimtes shall specify One time when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is completed and a cepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby —ex the emir, responsibility and liability for any and ell damage, loss Or injury ofany kind
or remae wlataxiva to persons ar property caused by or mulling fen me execution ofthe work provided Ins in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless me Purchaser and any
or all of late Purchasers oficas. agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchmer may
be put or subject by rtawn of any rot, action, neglect, omission or default on the pan of me Seller, any of his
contrinmrs, or my of the Sellers or contractors officers, agents or employees. In care any suit or offer
proreedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or
by reason of any act, action, neglect. omission or de6ult of the Seller of my of his connectors or any of in or
Rick officers, agents m employees w aforesaid the Sella hereby agrees w assume the defense thereof and so
defend me mine at the Sellers awn expanse, to pay any and all costs, charges, agomeys fees and he, expenses,
any and all judgmaa that may be incurred by or obtained against me Purchaser or any of its or their officers,
agents or employees in such suits or the, proceedings, and in case judgment or other lien be placed upon or
obtained against the pmpeny of me Purchaser, or said parties in or as a mull of such suite or other pmceedivgs,
the Sella will at once muse the same to be dissolved end dischargN by giving bond or otherwise. The Sella and
has contractors shall take all safety precautions, fiunish and install all guars ashmaary fen the pmantia of
incidents, comply with all laws and regulations wins regard to safety including• bul without limitation, the
Occupational Safety ra Health Act of 1990 and all roles and regulations issued purspanl therein.
Revised 07/2014