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HomeMy WebLinkAbout548703 PIPE INDUSTRIES - PURCHASE ORDER - 9146926Fort Collins Date: 11/25/2014 Vendor: 548703 PIPE INDUSTRIES 5840 E 77TH AVE COMMERCE CITY CO 80022 PURCHASE ORDER PO Number Page 9146926 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/25/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 42" Casing Pipe 1 LOT LS 7,467.33 Quotation 10/16/14 Please contact Justin Fields at 970-224-6150 to arrange for delivery. 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 Total Pay terms net 30 days Invoice Address: .33 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By Strauss the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is H.NONWAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is milistetN with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to mural Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise my rights or remedies provided herein or by law, failure to promptly sully the Sell= in the event of a breach. the acceptance ofor payment for goods his trader or approval ofthe design, small not Main the Seller of Goods Rejected. GOODS REJECTED due to failure to man specifiatioa, either wham sapped or due to defects of my of the warranties or obligations of this purchase order and shall sat be deemed a waiver of any right of the damage in transit, may b, removed to you for credit and au not to be replaced excal upon receipt of corner, par chaser to insist upon strict performance hereof or my of its rights or remedies as to my such goods, regardless instructions film the City offal Collins. of when shipped, received or accepted, as to my prior or subsequent default hammer, nor shall my pollinated oral modification or mourner er of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in motion to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. unmanned payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the fonhaser recognize that in actual economic Intim, overcharges resulting from antitrust nInterim,for ACCEPTANCE is dependantacquired upon completion ofall applicable auired inspection procedures. violations are in fact home by the Factories. Thf er. comgood cause and as consideration fro annealing this purchase order, the Seller hereby assigns to the Pumhasa my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Tom Collins, IDO Wood St, Tom Collins, CO 80522, unless acquired under f deral or sate antimsm laws for such overcharges relating b the partial. goods or services otherwise specified on this order If permission is given a prcpny freight and charge saparemly, the original freight parcbased or acquired by the Purchaser pursuant to this parcham order. bill must accompany invoice. Additional charges for packing will not a accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varmss its of the country, shipment is Ifthe Purchwer directs the Seller ro correct nonconforming or defective goods by a dam to be sgreW upon by the expand from the sorest distribution point to demarmu n, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its lability or unwillingness to comply, the Purchaser shipments are made from greats distance, may, cause the work to be performed by me mast expohnixtes means available to it, and the Seller shall pay all casts associated with such work. Permits- Sella shall procure at sellers sole cost all nwasary permits, anifiates and licenses requital by all applicable laws, regulations, ordinances vad rots afthe state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority huviagjmsbdion over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss atared by them by ream an of asserted or established violation of my such laws, regulations, ordinances, mles nd requirements. Authoritarian. All parties to this contract agree that the representatives are, in fact, team fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any Supplementary or additional arms and condition annexed lie em or incorporated herein by reference. Any additional or different ram¢ and conditions proposed by seller are objected to and hereby rcand. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o worse an your promised delivery date as sat d. Timm is of the aware. Delivery and performance mail be, effected within the time stated on the purchase order and the dmuments attached haeb. No acts of the Purchasers including, without limitation, acceptance ofpalial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rem dies, the option of placing this order elsewhere and holding the Seller liable for damages. Houevea the Sella shall art ha liable for damages se a .all of delays due to causes not reasonably foreseeable which ere bryad its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, rvemmental priorities, fees, strikes, flood, epidemia, wars or lots provided that notice o'the conditions causing such delay is given to the Follower within five (5) days of the me when the Sella fmm received knowledge Nemuf. In the event of any such delay, the date of delivery wall be extended far the pound equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants thus all goods, articles, materials and work covered by this order will conform with applicable dismays, specifications, samples anther other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in recaodaarce with aca td standard far work of a milar nature. The Seller agrees to hold the Pardoner htomless flow my loss, damage m expense which the Pumbazer may su@r m incur on account of the Sella breach of wammty. The Sella shall replace, repair or make good, without cost to the purchaser, any de@ds or faults arising within one (1) year or within such longer period of time as may be puscribd by law or by the terms of any applicable warranty provided by the Seller infer the date of acceptance of the goo& famished hereunder (acceptance not to be unreasonably delayed), resulting fmm unperf t or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shut] not common a waiver of any claim under this warranty. Except as otherwise prodded in this parlance order, the Sellers liability hereunder shall extend to all damages proximately caused by the broth of any of the foregoing werrmnlies or guarmtees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mmry make conga an legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Pummuser may make any changes to the temmm, other Nan legal laws, including additions to in deletions from me quantities originally ordered in the specifications or drawings, by verbal or written range order. If my such change efeca fire amount due or the time of perfommnce henunda, an equitable djntment shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by written change order, terminate this mincemeat as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the ponies as to any work or mateials then in progress provided Nat the Puchaser wall not be liable for any claims for anticipated profits on the uncompleted ponim of the goods not work, for imidental or consequential damages, anal that no such adjustment be made in favor of the Seller with respect to any goad whch are the Sellers standard stock. No such Irradiation shall relieve Ne Purchaser or Nc Seller of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered - I. COMPLIANCE WITH LAW. The Sella warrants tat all goods sold hereunder small have been produced, sold, delivered card famished in strict ..,liana with all applicable Laws and regulations an which the goods are subject. The Seller shall execute and deliver such documents as may be required to effort or evidence compliance. All laws and regulation required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from sll asts and damages suffered by the Purchaser as u result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither not mall assign, transfer, on convey, Nis order, or any maoies due or an became due herenMa must Ne prior unnm coment ofthe other puny. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, maunals, and items fumiabd in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest emmewnbmnce-scab claims of others. The Seller shall release the Purchaser and its contractors of any tier Trans all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the on, of fault of negligence of the parry released sal shall extend to the directors, officers and employees ofsuc6 party. The Seller's mntmctml obligations, including wamnty, small ens be, droned to be trained, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, line Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by morn of the sex of such patented design, device, material or process in connection with the eono-ea, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m Pay by coon of such infringement at my time during the Frustration or s0er the completion of the work. In case said equipment, or my pan thereof or the intended ace of the goods, is in such suit held to carelimte infringement and the ace of said equipment or pan is enjoined, line Seller shall, m its own expense and at its option, either Fortune far the Palmer the right to continue using said equipment m pail, replace the name with substantially equal but noninfringing equipment, or modify it so it becomes nonlnfrlging. 15. INSOLVENCY. If The Sella shall become insolvent or bankmpt, make can mangnmem for the benefit of acducas, appoint a ourciver or trustee for my of Nc Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms led or the interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by the laws of the Sale of Colorado, USA. The following Additional Conditions apply only in taus when the Sella is to perform work hereunder, including to services of Sellers Reprommonve(s), m the Immune ofotFers 12. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury to the woh radar materials befnce Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pmmrchaxr. When materials and equipment K furnished by stars far installation or erection by the Sella, the Sella mall receive, woad, stop and handle same al the sin and become rmpommsible therefor u though such materials torpor ey.Man wen being fumishd by to Sella under ache order. I& INSURANCE. The Seller shall, at his own expense, provide for the payment of workers arrmpensmVon, including occupational disease benefits, ro its employees employed on or in connection with the work cavered by this purchase order, anNor m their dependants in accordance with the laws of the state in which the work is to be done. The Sella wall also eany wmpahensive general liability isalding. but not limited W. cmuactual and autommbile Public liability insmmce with usably injury and death limits of at least S30o,000 for any me Person, S500,000 for any one accident and pmpeny damage limit per accident of S400,000. The Seller call likewise require his contractors, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Sella wall fumisn the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data what such ompemation and inumnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and inumnce shall be maintained until after the entire woh u completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold armless the Purchaser and any r all of me Powhasers afters, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or india ct and whether to persons or property to which the Purchaser may a put or subject by reason of my act, action, action, omission or default on me part of the Sella, my of his contractors, or my of the Sellers or mntmctors officers, agents or employees. In case my suit in other proceedings will be brought against the purchaser, or its ulcer, agents in employees in my time on account or by rearm of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their oMo., agents or employees n aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, auomeys fees and other expenses, any and all judgments that may be incommd by or obtained agmost the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, ad in case judgment or other lien be placed upon or obtained against the prepay, of to Pumhaur, or said parties w or m a result ofsuch suits or othar proceedings, to Sella will at one arse the same to be dissolvd and divarged by giving bond or otherwise. The Seller ad his contractors sell take all safety precaution, furnish and (tall all gumL naessary for the prevmlon of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1920 and all rates anal regulations issued pursmun therem. Revised 09Q014