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HomeMy WebLinkAbout416522 KROLL FACTUAL DATA - PURCHASE ORDER - 9140719Fort Collins Date: 01/12/2015 Vendor: 416522 KROLL FACTUAL DATA PO BOX 1534 LOVELAND CO 80539 PURCHASE ORDER PO Number Page 9140719 1of2 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: 01/12/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price z Adding funds in order to pay 1 LOT EA 27.05 December invoice Per email from S.Gallegos. 1/12115 PLJ 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 111 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. COMMERCIALDETAIIS. Tax exemptions. By Imam, the City of Fort Collin is exempt farm state and lad mxea. Om Exemption Number is 9g-04502. Federal Exam Tax Exemption Cmificme of Registry 84.6000587 is registered with the Collected of Internal Revenue, Denver, Colmado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure it, meet specifications, either when shipped or due r defects of damage in transit, may be rammed to you for credit and am not to be replaced except upon receipt of wrinen instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or quipmend in cautious, in this order an result in authorized payment on the pan of the City of Fort Collins However, it is inbe understood castFINAL ACCEPTANCE is dependmc upon completion of all opplicable rryuir d impaction procedures. Freight Terms. Shipments must be F.O.D., City of Fort Collins, ]ad Wood St., Fan Collim, CO 80522, unless oNerwiu specified oa this order. If permission is given to Prepay freight and charge aeparand , the original freight bill most accompany invoice. Additional charges far packing will Out to anapaest. Shipment Distance. Where manufacturers have distributing points in vatious Was of the country, shipment is expected from the crest distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall p.me at sellers sale cost all necessary permits, certificates and licenses rquimd by all applicable laws, regulations, omioence, and rules of the state, municipality, territory or political subdivision when the work is Performed, or r quired by any other duly mnstimted public authority having jurisdiction over the work of vend.,. Seller lunar agrees r hold the City of Fort Collins band. from and against all liability and lass incurred by them by reason of an asserted at established violation of any such Lawn, regulation, minimum, rules and requimnenu. Authoritarian. All parries to this wormer agree Out the represeumoves ate, in fact, bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits accepmnce m the to. and andarin surd herein set forth and any supplementary or additional terms and conditions annexed hereto mummification herein by reference. Any additional m different mans and conditions proposd by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance meal be effected within the time stated on the purchase order and the documents, attached hereto. No sub of the Purchaers including, without limimtion, acceptance of,c tial 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 comedies, the option ofplacing this order elsewhere and bolding the Seller liable for damages. However, the Sella slash art be liable for damages as a result of delays due to cruses not movably foreseeable which rim beyond in reasonable control and without in fault ofnegligeaoe, such was of Gad, tons of civil Or military authorities, govemmmml priorities, fires, sleikes, Rood, aidemies, wars or not, provided that mum of the condition causing such delay is given to the Purchaser within five (5) days of the time who the Seller first received knowledge thereof In the sent of any such delay, the dam of delivery shall he extended for the period qual to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples turbo, other descriptions given, will to Et for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the pummwr harmless farm any loss, damage or expense which the Purchaser any suffer or incur an account of the Sellers breach of warranty. The Sella shall replace, repair of make goad, without cost m the purchases, any defects or faults arising within one (I) your or within such longer period of time a may be prescribed by law or by the tcrrm of any applicable warranty provided by red Seller after the date of acceptance of the good fomishd hereunder foreclosure not m be t meacombly delayed), resulting farm imperfect or defative work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall no, constitute a waiver of any churn under this wa,mnry. Except as otherwise provided in this purchase coda, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of tiny of the foregoing warranties or guamato s, but such liability shall in no rant 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 wrium change Omer. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal terms. including additioe, to or deletions from the quern originally omemd in me specifications or drawings, by varal o —,It- change Omer. If any such change affects the amount due or the time afpatimar ante hereunder, an qunable adjustment shall be made. 6. TERMINATIONS. The Purchaser trey at any time by "an change order, terming¢ this agreement m to any or all potions of Oo goods don at shipped, subject to any equitable adjustment between the Isaaics as to any work of materials then in progress provided that rise Purchaser shall not ba liable for any claims for anticipated profits on the mcom ileted portion of the goods and/or work, for incidental or consequential damages, and that net such djusbnent be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofony of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for aujiumnal must be .,card within thirty (30) tiny, farm the date ,he change of automation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder stall have been produced sold, delivered and fiurdehd in stnet compliance with all applicable laws and regulation to which the good are subject. The Sella shall Outcome and deliver such documents as may be required to flat or evidence complimne. All laws and cousin. criminal to be norpomted in agreements of this thwart art hereby incorporated herein by this reference. The Sella a®as to indemnify out hold the Purchaser harmless farm all toss said damage suffered by the Purchaser a a result of the Sellers failure to amply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all quipment materials, and items fomul d in performance of this agreement. face and clear of any end rill liens, restrictions, mcservationes, security interest encumbrances sad claims orothers. 11. NONWAIVER. Failure of the Purchaser to hat upon strict Mimi of the lama and conditions hereof, failure or delay to exam . so any nghm or remedies provided herein or by law, failum to promptly artily the Seller in the event of a breach the acceptance arm payment for goods hereunder or approval m the design, shall not release the Seller of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or comedies as to any such gad, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any taciturn oral modification or rescission of this purchase order by the Purchaser .paste as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in action economic practice, overcharges resulting farm antitrust violations are in fact home by the Purchaser. Theretof , for good are and as consideration for exrcufing this purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter mquad under federal or sum antitrust laws far such ovacharga relating m the particular goods or seances purchased or mquird by the Paxlessar pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diners the Seller in correct nonconforming or defective gaud 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 the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release rise Purchaser and its commcton of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even ht the evert of fault of negligence of de party releasN and shall extend W the directors, options and employees ofsuch party. The Sellers communal obligations, including warrdnry, shall not be domed to be reduced in any way, because such work is perfomred or amed to be performed by the Purchaser. 14. PATENTS. Wbeneva the Seller is required to use any design, device, malarial or process covered by later, patent, trademark r copyright, the Seller shall indemnify and save harnless the Purchaser from any and all claims for iwin,cmem by reason of the use of such painted design, device, material or process in connection with the contraer, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said quipment, or any pat thereof or the intended use of the good, is in such suit held to consume infringement and the use of said equipment or pat is enjoined, the Sella shall, at in owm expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pots, replace the same with substantially peal but nanin(ringing equipment, on, modify it m it becomes monfnnging. 15. INSOLVENCY. If the Sella shill become insolvent or baNmpt sake an assignment for the benefit of creditors, appoint a receiver or Trustee for any of the Sellers parpay, or business, this order may forthwith he canceled by the Purchaseswihoul liability. 16. GOVERNING LAW. The definitions oftemn user m the interpretation of the agreement and the rights of all parties hereunder shot) be commied under and get, mid by the lows oFthO Sarre of Colorado, USA. The following Additional Conditions apply only in main where the Sella is to perform work hereunder, including the services of Sellers Rrpmuntative(s), oa the premises of others. . 19. SELLERS RESPONSIBILITY. The Sella shall carry an said work at Sellers own risk wti1 the more is fully completed and accepted, and shall, in case of any accident, detraction or injury to the work a aknor marmots before Sellers final completion and xe'ust e, complete the work in Sellers own expense and an the mdsfac um of dre Purchaser. When materials and ampmrnl aft Famished by orders far installation Or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor res though such materials author equipment were being fumishM by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but no, limited to, contractual and automobile public liability insumnce with bNay injury and death limits of am lent 53m,con for any one person, $500,00s) for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conaractors, if any, to provide for such rearWasurrion and inarunr. Before any of the Sellers or his contractors employees smil do any work upon the premises of orhers, the Seller shall fumish the Parnmer with a eeniecate than such —Formation and insurance have ban provided. Such atifrestes shall specify the date when such compensation and insurance have been provided. Such certifa,es shall specify the date whom such compensation and insurance expire. The Seller egret that such compensation and insurance shall be mainuiad total after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Sella hereby In.. the entire responsibility and liability for any end all damage, loss or injury of any kind or more whatsoever to 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 homeless the Purchaser and any, r all of the Purchasers officers, agents and employees farm and against any and all claims, losses, damages, charges or expenses, whether direct in indical, and whether to pormen or parperry to which the Purchaser nary he put or subject by reason of any an, action, neglect, omission or default an the part of the Seller, any of his antmetora, or any of the Sellers or contractors officers, agents or employees. In rase any sea or other proceedings shall be brought against the Purchaser, or in aRcas, agents of employees at any rime on account or by ramn of my act action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as of rmmid, the Sella hereby again to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and ell costs, charges, mumeys fees and.rise, expenses, my and all judgments dial may be incurred by in obtained against the Purchaser or my or its or Oust officers, agents or employees in such suits in other proceedings, and in case judgment or other lion be placed upon or obtained against the property of the Purchase, or said Isnrries in or in a moult of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gourd necesmry for the prevenlum of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatioal Safety and Health Act of 1970 and all miss and regulations issued pursunnt thereto. Revised 07n014