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HomeMy WebLinkAbout280216 JOHNSON CONTROLS INC - PURCHASE ORDER - 9146704Fort Collins Date: 1111712014 Vendor: 280216 JOHNSON CONTROLS INC 360 WHITNEY BAY WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9146704 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 11/17/2014 Buyer: PAT JOHNSON Note: Line Description Ordered UOM Unit Price Price 1 Replaced NAE45 on 10/2/14 NAE upgrade, already invoiced 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 LS 7,995.00 Total $7,995.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By suture the City of Fan Collins u exempt from stare end local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Exiix Tax Exemption Certificate of Registry 8i6000587 is registered with the Collector of Failure of the pwcasec to imist upon strict performance ance of the tertm and conditions hereof, faihue is, delay w Intemal promise, Denver, Colorado (Ref. CWlmsdo Revised Sumter 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd Partin or by law, failure to promptly county the Seller in the event of a breach, the acceptance arm payment for goods hereunder at approval ofNe design, shall mr release the Seller of Goods Rejected, GOODS REJECTED due k, failure to meet specification, ether when shipped or due to defeat of any of the warranties W obligations of this purclum order and shall not be deemed a waiver of any night of the damage in wmiL may be renamed as You far credit mod are tot to be replaced except upon receipt of women purchasu to insist upon strict performance heaofor any of its rights or remedies m w any such goods, regardless instructions from the City of Fan Collins. of wheat shipped, received or accepted. as or any prior or subsequent default hereunder, nor shalt my mounted oral mndificamer or rescission of his purchase Wader by the Parohawr opemw as a waiver of any of the arms Inspection. GOODS are subject to be City of fort Collins impectim on arrival. herrcof. Final Acceptance. Rxcipt of be merchandise, smims ar aryipteral in response as this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorissd payment on the pent of the City of Fan Collins. However, it is to ho understood bout FINAL Sella and be Purchase mongrom but in actual economic practice. overcharges malting from antitnmt ACCEPTANCE is dependent upon completion of all applicable mi,mad inspection prxedum. violations are in fact home by the Purchases. Themofort, for good cause and cos wnsideretion fro executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it say now have or hetaaRer Freight To=. Shipments most be F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal W state it., laws for such overcharges relating w the Particular goods or services mhuwise specified on this order. If permission is given to merely freight and charge separately, the original freight purchased or acquirN by he purchaser pursuant or this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whore manufacturers have distributing points in various pans of the country, shipment is expe red from the natmt distribution point to destination, and excess freight will be deduned from Invoice when shipments are made from greater dism wcu Permits. Sella shall procure at sellers sole cast all necessary pamiu, certificates and licenses required by all applicable laws, regulations, ordinances and toles of he state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by ration of an asserted or established violation of any such laws, regulations, ordinances, rules and rryhrements. Auboriaalim. All panics to Nis contrinl agree but the reProwmatives are, Or fact, berm fide and possess full and ..plant outhorityto bind mid parties. LIMITATION OF TERMS. This purcha • Order expressly limits mceptarae to the temp and conditions stated herein set fond and my supplementary, or additional team and conditions emulated Peak, or incorporated heain by reference. Any additional cur different team and mWill. pmpased by xller art objected to and herby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canmt make complete shipment to arrive on your promised delivery data as nosed. Time is of the muse. Delivery and patformmce moot be effected within the time sorted on the purchae order and be dnummt attached hereto. No acts of the Paahase s including, without limiwtion, accapance of proial late deliveries, shall operate as a waiver of Ws provision. In the event army delay, the Purchaser shall have, in addnian to other legal and equitable remedies, be option Wfplacing this Wader clsrwhom and holding the Seller liable for damages. However, the Seller shot not be liable for damages as a mull of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without it fault of negligence, such acts of Gad, arts of civil or military authorities, govemmmtal prionties. Fires, strikes, Bond, epidemics, wan W riots provided that notice of the conditions causing such delay is given to be Purchaser within five (5) days of be time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall M extended for the period equal to the time actually lost by reason of be delay. 3. WARRANTY. The Seller wamums that all goods, articles, materials and work coverad by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be to for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of he Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to he purchoser, my defects or faults arising within one (I) year or within such longer period of time in may be prescribml by law or by be terms of my applicable warranty provided by be Seller after he date of acceptance of the good famished hrreunder (acceptance rot o as, unreasonably delayed), mulling from imperfect or defective work dons or materials famished by the Seller. Acceptance or use of good by he Purclual shall not amtiwte a waiver efany claim under this wmmnty. Except m otherwise Provided in this parboil ardor, he Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing w 1,tx in gumam ul, but such liability shall in no event include loss ofpr ifits or lass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Punctuator may make chu ,st to legal terms by written change other. 5. CHANGES IN COMMERCIAL TERMS. The Purcluur may make any changes to be terms, other bun legal terms, including additions to or detains from he quantities originally ordered in the apecificauom or drawings, by verbal or written change order. If my such change affects the amount due or he time ofpMomunce hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at my time by wriuea change or a mtivae his agreement as to my or all portions of the good then not shipped, subjecuo any equitable adjustment betwmn the parties as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on he uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment b<mode in favor of the Seller with respect to any goads which arc the Sellers standard stock. No such termination shall relieve be Purchaser or the Seller of any of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be horned within bitty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which he good arc subject The Sella shall execute and deliver such ducancom m my Far required to effect or evidencecompliance. All laws and regulations required to be incorporated in agreements of this characta me hereby incorporated herein by this reference. Tar Sella agrees to indemnify and hold be Purchaser hannlms (noon all vests end damages offered by the Notional as is mull of he Sellers failure to comply with such law. 9. ASSIGNMENT. Number party, shall resign, transfer, or convey this order, or any =a m due or to became due hereunder without the prior wrinen cameat ofNe other party. 10. TITLE The Sella warmts full, clear sand inucom,nd tide in be Purchase fro all Occupational, materiel,, and items handled in performance of this agreement, f and clear of my and atl lieu, numerical, naavatimm, aecurity intent .carbonates; and claims of others 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dirrow he Sella to correct nonconforming or defective goods by a dale to be agreed upon by the Purchaser and be Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purebaser may cause be work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and ins contractors of any tier from all liability .it claims of any nature mulling from the performance crouch work. This release shall apply even in the event of fault of negligence of the parry ¢leered and shall extend to he directors, aRcers and employees of such party. The Sellers contractual obligations, including warranty, shall not be denied to be reduced, in any way, becauu such work is performed or caused to be performed by he Purchma. 14. PATENTS. Whenever be Seller is required to use any design, dada, material in process covets by lema, mount, trademark r copyright, the Seller shall indemnify and rove harmless the Purchaser from any and ell claims fro infringement by sawn of he use of such parented design, device, material or process N causection wib the contract, and shall indemnify the Purchaser for my most, expense or damage whim it may b, obliged to pay by rmson of such infringement at any time during des prosecution cur Of. the completion of the work. In rase mid eyuipmmt or any pan Parent or the intended use of the good, is in such suit held to rnmriwte infringement and the use of said equipment or pent is enjoined, the Seller shall, at its own expense and at its option, ether procure for One Ptuchaser he right to continue using mid equipment or pros, replan the mine with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baNempt make an assignment for the benefit of creditors, appoint a or trustee for my of the Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interymation of the agreement and the rights of all Fames hereunder shall be construed under and governed by the laws ofthe Saw Of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Represanmove(s), on he premises of often. IT SELLERS RESPONSIBILITY. The Sella shall wiry on said ..,it at Sellers own risk until the same is fully completed and accepted, and shall, in m of my accdent, destruction or injury, to the work andor natedat before Sellers feral completion and acceptance, complete the work at Sellers own expense and to the satisfaction of he Puahma. When material, and equipment are famished by others fro imtalhown a erection by the Sella, the Seller shall receive, actual, some and handle same o the site and become mEpmible therefor as though such material, and/or equipment were beings fished by the Sella uneec the older. I S. INSURANCE. The Sella shall, o his own expense, provide fro the payment of workers compenmtion, including occupanmW disease benefits, to its employees employed on or in connection with the work catered by this purchase order, anrVor w Nair, dependent in ncmrdance wide the laws of the sure in which the work is an, be date. The Seller shall also carry comprehensive general liability, including but not limited W. rommormal and automobile public liability imarsnce with bodily injury and doh limits orat Wall S300,000 for cony one parson, 5500,000 for my one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his comrubers, if my, to provide for such ..,.firm and insurance. Before any of he Sellers or his mntmmors employees shall do any work upon the premises.(.hers, the Seller shall li ish red Purchaser with a cemficae bar such compensatim and insurance have been provided. Such arnficmes shall specify be date when such omp ratiion and occurrence have been provided. Such certificates shall somity the date when such compensation and insurance expires. The Seller agates that such compensation and insurance shall Ina maintained untll after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nseumes the entire responsibility and liability for my and all damage, lass or injury ofully kind or nature whatsoever m persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and my r all of he Purchasers officers, 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 be Purchmer may be pat or subject by crown of any tot, action, neglect, omission or default on he pan of be Sella, my of his contractors, or my of be Sellers or contractors officers, agents or employees. In case my mit or other proceedings shall be brought against the purchmu, or its officers, agents or employees at my time on account or by main of my act nation, neglect emission or default of the Seller of my of his comrectors or any of its or their officers, agents or employees m aforesaid, the Sella totally agree to assume be defense thereof and k, defend the same at be Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgmenens that may be imond by a mwimd against the Purchaser in my of its or beat officm, agents or cmphoyres b such suits or other pmreedings, and in eau judgment in other lien be placed upon or mmived against the property of the Purchaser, or said prom in cur as it moll ofsuch suits or other blemadiag, the Sella will in all cause the same to be dissolvN end discharged by incur, bond m oheovise. The Sella and his contractors shall take all safety prxmbors, famish and insmll all guard tecaavry for be pmantion of incident, comply with all laws and regulations with regard to mfay including, bill without limitation, be Occupational Safety and Health Act of 1970 and all rules and regulations imuad pursumt therek,. Revised (OnOt4