HomeMy WebLinkAbout110722 AIR RESOURCE SPECIALISTS - PURCHASE ORDER - 9135945PO
PURCHASE ORDER 913594er Page
City of PURCHASE
97 35945 1 of 2
' `t Collins
This number must appear
V on all invoices, packing
sli s and labels.
Date: 1112412014
Vendor: 110722
AIR RESOURCE SPECIALISTS
1901 SHARP POINT DR #E
FORT COLLINS CO 80525-4429
Ship To: COMMUNITY DEV & NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 11/01/2013 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Add Additional Funds
Funds Added
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:pumhasing@fogov.com
1 LOT EA
1,000.00
Total $1,000.00
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
1. COMMERCIALDETAILS.
Tax exempliom. By statute fe City of Fort Collins is exempt freer state and local taxes. Om Exemption Number U
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificate of Registry S4-6000589 is rmMamd with the Collector of
Failure of the Purchaser to insist upon rivet performance of the terms and conditions hermf, failure or delay to
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutm 1973, Chapter 39-26,114 (a).
exercise any rights or readies provided herein or by law, failure to pmnptly notify the Seller in the event of a
brai the acceprunce ofor payment for goods hereunder or approval i fthc design, shall Out m i. the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to def t of
any of The warranties or obligations of this purchase alder and shall mi be deemed a waiver of my right of the
damage in .it, may be reamed to You far endh and are no, as be replaced except upon receipt of waimm
purchaser m insist upon strict Pa.. hereof., any i fita rights or remedies as to any such goods, regardless
inswetions from The Cityof Pon Collins.
of when shipped, received or accepted. as to any prior or sul squ at default hereunder, nor shall any pufarned
mad modification or rescission of this pmrchase Order by The Purehaser climate m a waiver of any of the sews
Ir spection. GOODS are subject to the City of Fon Collins inspection as arrived.
hereof.
Final Acceptance. Receipt of the mmclwdise, smices or ermipmmt is response as this order tin result in
12. ASSIGNMENT OF ANTITRUST CLAMS.
anrlorve l payment oa the Pan of fie City of Fon Collins. However, it is to be understood that FINAL
Sella and The Purchaser recognize That in actual c is practice, .verehagea resulting from antichst
ACCEPTANCE is depnden euon pcompletion ofall applicable munced impaction .it..
pp.
violations art in fact home by The Purchaser. Theresuforenfar good move and as consideration for exeeunng This
purchase order, the Seller hereby scatter in The Purchaser any and all claims it may now have or hereafter
Freight Teens. Shipments must b, F.O.B., City of Tom Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or stain an a., has for such m acharip. rdming to The particular goods 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 Purchaser partsaaant 1. This purchase order,
bill most accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
If the Purchaser directs The Seller or comect nonconforming or defective goods by a dam to he agreed upon by the
expected wen the nmrest distribution point o dcstirution, and at. freight will be defaced from Invoice when
Purchaser and the Seller, and The Seller thereafter indicates its inability or unwillingness In comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by The most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
Perrault. Seller shall procure at sellers sole cost all necessary pamis, certificates and liwuu required by .11
applicable laws, regulations, ordinances and tales of fe Marc, municipality, motors, or political subdivision where
The Seller shall release The Purchaser and its contractors of my tier firma all liability and claims of any nature
the work is performed, or required by any other duly constimced Public authority havingjmisdiction over the work
resulting from The performance ofsuch work.
of vendor. Seller funher agrees to hold the City of ran Collins harmless from and against all liability and loss
timed by ,hem by reran of an nssened or established violation of any such laws, regulations, ordinances, mles
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and requirements,
i irecmrs, officem and employees of such party.
Authorization. All parties to this contract agree that fie representatives are, in fact, bona tide and passe. full and
The Seller's morainal obligations, including warmly, shall not be doomed to he reduced, in any way, because
complete authority to bind said parties
such work is performed or cased to b, performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits mceptana to the rams and conditions stated
herein set forth and any supplcmcntary or additional terms and conditions amexed hereto or incorporated herein by
reference. Any additional or different terms and conditions propusM by seller are objected to and harby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately ifyou amen make complete shipment to naive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
matd on the purchase order and the document attached hereto. No arcs of The Purchaaus including, without
limitation, acceptance ofpafted bite delivenes, shall operate as a waiver ofthis Provision. In the event many delay,
the Purchaser shall have, in addition to other legal and equitable remedies, The option ofplacing this order clmwhere
and holding The Seller liable for damages. Hoxeven fie Sella shall rat be liable for damaga as a result of delays
due to names not mosormbly foreseeable which are beyond its reasonable mewl and without its fault of negligence,
such ever of Ged, at ofcivil or military authorities, govcrmmul priorities, fucs, strikes, Band, epidemics, wars or
hots 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 Thereat In The event of any such delay, The dam of delivery slull be
extended far the period equal to The time atudly last by reason affe delay.
3. WARRANTY.
The Sella warrants That all goods, articles, remands are work covered by This order will conform with applicable
drawings, specifications, samples anNer other desmiptions given, will he fit for The paryosas intended, and
performed with the highest degree of care and conference in accordance with accepted standard for work of a
similar nature. The Sella agrees to hold The purchaser harmless from any loss, damage or expense which (he
Purchaser may sorter m incur on account of the Sellers breach of warmarty. The Sella shall replace, repair or make
goad, without cast to the purchaser, any defects or faults mixing within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable wamaaty provided by fie Sella ether the data of
acceptance of the goods famished hereunder (acceptance not to he umcasormbly delayed), resulting from imperfect
or defective work done or materials famished by The Seller. Acceptance or use of goods by The Promisser shall not
.nstime, a waiver of any claim under this ammunty. Except as otherwise provided in this purchase order, the Seller
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmfits 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 terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke any changes to the name, other Throe legal terms, including additions to or deletiore, fmm
The quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change affect the amount due or The time ofperfmmance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may To may time by writen change under, mmaiwte Nis agreeme., as a any, or ell portions of the
good d m Out shipped, subject to any equitable adjustment he,wem the parties as to any work in mamnak then in
progress provided that the Pumhasa shall Out be liable fen any clams for soticipamd profit on The uncompleted
portion of fie goods andsm walk, for incidental or consequential dannagq and that m such adjustment be made in
favor of the Sella with respect 1. any goads which are The Sellers stavdaM stock. No such termination shall relieve
ITT, Purchaser err The Seller ofany of fair obligations as as any goad delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any clam for odjusummt mml he nssened within Thirty (30) days from The date the change or termimtion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants That all goods sold hereunder shall have been produced, sold, delivered and f ichd in strict
compliance with all applicable laws and regulations to which The goods are subject. The Seller shall execute and
deliver such document as may be requium to effect or evidence compliance. All laws and regulations squired to be
incorporated in agreement of this character art hereby incorporated herein by This reference. The Seller agrees to
indemnify and bold The Purchmer harmless from all costs and damages su coal by The Pooch or, as a result of the
Seller failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent.fthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Parmon r for ell equipment materials, and items fumishad
in performance of this agreement free and clear of any aad all liens, resrrialons, reservations, security interest
mcumbmnces and claims of others.
14. PATENTS.
Whenever the Seller is rryuiradto use any design, device, mmmal or process covered by lena, patent, vademah
r mpyrighL The Seller shall indemnify and save harmless the Purchaser from any and rill claims to, inlringemen,
by reason of fie use of such pa,arm design, device, mmmial or process err romeetim with the commet and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infdngcmenl at any time during the pm. or arts The completion of the work. In teas said equipment, m
any pan thereof or The interdcd tax of The good, is in each suit held to constimm inGngement and the use of
said equipment or part is mjoused The Seller shill, at is own expense and 0 its option, either pmcme fen the
Purchaser the eight to continue using said equipment or pan; replace The sane wit substantially mad but
noninGnging cquipmmt or modify it so it bar m s mninGanging.
15. INSOLVENCY.
If The Sella shall became insolvent or bavkmpt make an aaignmem for the brnefir of creditors, appoint a
receiver or ens. for any of the Sellers property or business, this order may forthwith he canmld by The
Purchaser without liability.
16. GOVERNING LAW.
The di fnitim ofit. used or the iherg etatiaa ofe agreement ad fie rights of all parties hereunder shall he
mmtraed under and govcmed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is he perform work hereunder,
including the services of Sellers Represmatia M,), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk One the same is fully completed and accepted, and shall,
in c of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellefs own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or station by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible Therefor as though such materials an&., aauipmenl
were being f nciahN by The Seller under The order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the pairman of workers comprnsation, including occupational
disease benefits, to is employees employed on or in correction with The work covered by this purchae order,
andfor to their dependent in accordance with the laws of the state in which The work is To he done. The Sella
shall also any comprehensive general liability including, but not limited to, contractual and aummobile public
liability announce with bodily .jury and death limits of at least $300,0am for any one Person, S500,000 for any
one accident and property damage limit per accident of S400.0)), The Seller shall likewise require his
comments, if any, to Provide for such compensation and insumme. Before any of The Sellers or his contractors
employees shall do any work upon the premises of others, fie Seller shill famish the Purchaser with a certificate
Thai such compensation and insurance have been presided. Such certificates shall specify The date when such
c.mpcnsation and insurance have been provided Such catifica es shall specify the data when such compensation
anal insumuce expires. The Sella agrees That such compensation and assurance shall he mainmined and] after The
maim wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes The mile rapotuibility and liability fen any, and WE damage, loss or injury ofany, kind
or rame whatsoever to persons or propmy caused by m reaching from the execution of The wok provided for in
This purchase order or in connection herewiTh. The Seller will indemnify and hold brooders; Use Purchaser and any
r ell of The Purchasers effects, agents and ma lloyem from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirea, and whether to persons or property to which The Purchaser may
be put or subject by reason of my .4 action, negla,, emission or default on the pan of the Sella, any of his
compares, or any of the Sellers or contractors ofirers, agent or employees. In case any suit or other
poccdings shall be brought against The Purchaser, or its officers, agent or employees at any time on account or
by reason of any act, action, neglect, omission or default of The Seller of any of his contmmon or any of it or
their officers, agents or employees at aforesaid, The Sella hereby agrees to assume the defense Thereof and m
defend the a. .1 he Sellers own expense, to pay any and all cost, charges, attorneys fees end other expenses,
any and all judgments That may be incund by or obtained against the Purchaser or any of its or Their officers,
agents or employees in such suits or other Proceedings, and in case judgment or other lira be placed upon or
obtained against the property of The Purchaser, or said patties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharges] by giving band or otherwise. The Seller and
his controdors shall Take all safety precautions, f ich and install all guard necessary for fie prevemion of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, fie
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant therem.
Revised O7nO 14