Loading...
HomeMy WebLinkAbout128752 BATH POWER EQUIPMENT - PURCHASE ORDER - 3215279PO PURCHASE ORDER 321527er Page City of PURCHASE 3215279 tot z ' `t( OI lI ns This number must appear ` V ` on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 128752 Ship To: WATER UTILITIES BATH POWER EQUIPMENT CITY OF FORT COLLINS 1505 TIMBERLINE 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Utilities - equipment rental 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 10,000.00 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 Cond t-Dns Page 2 of 2 L COMMERCIALDETAILS. Tax exemption. By statute the City of Fort Collins is exempt from stare and local taxes. Om Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption C,reficae of Registry 84-600p587 is registered with the Collector of Fvlure of the Purchaser to insist upon strict performance of Me terms and conditions hereof, failure or delay to Imam.[ Revenue, Denver, Colombo (Ref Colorado Revised Stamm, 1923, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmpdv notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall net elease the Seller of Cords Rejected. GOODS REIECTED due o failure omen s,ecifcadon, either whim shipped or due to defects of any of the wommmies or obligdons of this purchase order and shall not be deemed a waver of any right of the damage in transit may be retuned to you for credit and are not o be replaced except upon receipt of written D rehaser to rosin upon suet performance harbor., any of us rights or remedies as o any such goods, regardless, instructions form the City of Forst Collins. of when shipped, rwelved or accepted, as to my prior or subsequent default hereunder, now shill any Maligned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspecrom GOODS are subject a the City of Fon Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, Services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, awhorind payment on the pan of the City of Fog Collins. However, it is to be understood that FINAL Seller and the Purchaser recognim that in actual economic practice, overcharges resulting from mtivust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact theme by the Purchaser. Theretoforfor goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be TO B., City of Fog Collins, 700 Wood Sr, Fen Collins, CO 80522, unless acquired order federal or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified on this order.Ifpermismon is given to prepay freight and charge separately, the original freight purchased or acquired bythe Purchaser pursuanrlo this Marsha¢order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manbeggers have distributing points in various pans of country, shipment is Ifthe Purchaser directs the Seller o correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or=willingness to comply, the Purchaser shipments are made from greater distance may cause the work in be performed by the most expeditious means available to It and the Seller shall pay all cast asociared with such work. Permits. Seller shall pr«tire at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly connitumd public authonty having jurisdiction over Me work of carder. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, mitts requirement. Authonvtian. All pmia to this contract agree that the representatives are, in Get, Sena f de and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the image and wndowas stated herein at foM and my supplementary, or additional remrs and conditions annexed he. or incorporated herein by reference. Any additional or different terms and condlnon proposed by seller are objected to and hereby ragwarl 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcedwely ifyou conn.t make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No arts of the Purchasers including, without limitation, acceptance oformal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable font damages. Heweve, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and whom it fault of negligence, such aces of God, act of civil or military euthenics, govemmentel priorities, fires, strikes, Flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gwds, articles, matenals and work covered by this order w,ll conform with applicable drawings, specifications, samples makor other detentions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in mistreat with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form my Iasi, damage or expense which the Purchaser may suB9r or incur on account of she Sellers breach of watrmry. The Seller shell replace, repair or make goad, without cost o the purchase, my defects or fault arising within one (1) year or within such longer period of time as may be, prescribed by law or by the terms ofany applicable winanry provided by she Seller after the date of accepmance of the goods furnished hereunder (acceprmce not of be unreasonably delayed), resuhing from imperfm or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not committee a waiver of my dam order this worrenry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend o ill damages presumedly caused by the breach of my of the foregoing warranties or guaranies, ban such liability shell in no event include loss 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 may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes in the terms, other than legal terms, including additions to or deletion from Me crime ties originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time of performance hereunder, or equitable art ustrawn shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change oide, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable djatment between the parries as to my work or mmeoals then is progress provided that the Purchaser shot not be liable for any claims for anticipated proNs on the uncompleted portion of the goods mdbor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to my goods which are the Sellers standard sock. No such termination shot relieve the purchaser or the Seller of any of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADIUSTlEHL Any claim for ad,.., must be, asserted onduto thirty (30) days from the data the charge or omtination is ordered 8. COMPLIANCE WITH LAW, The Seller warrant them all goods sold hereunder shall have been produced, sold, delivered and furnished in sancta Compliance with ill applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such document as may he required 0 effect or evidence compliance. All laws and regulations required o be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees o indemnify and hold the purchaser harmless from all Costs and damages suffered by the Purchaser as a Cych of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither parry shol assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior wnnen consent of the other parry. 10 TITLE. The Seller warrant full, clear and =remmeted tide to the Purchaser for ill equipment, materials, an l items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest mcumbrences and clams of.thus. The Seller shall release the Purchaser and its contractors of my net from all liability and claims of my nature regaling from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contacr" obligations, including warranry. shall not be deemed to he reduced, in my way, became such work is performed or caused to be performed by the Purchaser_ 14. PATENTS. W copwri a de Seller is "iri d m use an design, device, mmerio or process covered by Inver, punt nademark r w— of me Seller such indemnify and save harmless the Purchaser hum any and all clams for infringement by reason nithe use of such parented design, device, means hi process in connection with the roman of, and shall indemnify she time uri for any cam, tiManse or damage which it may be obliged to pay by rcawn of such my pact thereof any time during the prosecution err afler she wmpleld t of the work. fir nge said equipment or my part pmentor she is Coded use .f the goods, is in such sues held o and misuse infringement and she use e Said equipment or pan is enjoined, the Seller Shall, nt its own expense and at it option, either procure for the Purchaser the right a wnrimo using said equipment in parrs, replace the same with substantially equal bed noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fonherh be canceled by the Purchaser without liability. 16. GOVERMNG LAW. The definition of terms used or the interpretation of the agreement and due rights of all parties hereunder shill be onstrud under and govent by due laws of the State of Colorado, USA The fallowing Additional Conditions apply only in cases where the Seller is in yedorm work hereunder, including the services of Sellers Represenutive(s), on the premises ofothert 17. SELLERS RESPONSIBILITY. The Seller shill carry, on said work m Sellers awn risk until the same is fully Completed and accepted, and shall, in csse of my accident, destruction or injury to den work maker materials before Seller's Mil Completion and weepunce, complete she work at Sellers own expense and o the satisfaction of the Purchaser. When masemils and equipment are famished by others for installation or erection by the Seller. the Seller shill receive, =lad, store and handle same at the site and become responsible therefor as enough such maredals mdbor equipment were being furnished by the Seller under she order. IS INSURANCE. The Seller shill, at his own expense, provide for the payment of workers mmpersation, including occupational disease benefits, to its employees employed on or in Connection with the work Covered N this purchase order, and/or to their dependents in accordance with the lases of the state in which the work is to be done. The Seller shall also carry comprehensive general lisol it, including, but not limited to, vennactual and automobile public liability insurance with budily injury and death limits of at least E300,W0 for my one person, $500,000 for my maccident and property damage limit per accidem of E400,000. The Seller shall likeweq ise ruire his neractory, if my, to provide for such compensation and Insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall forrish live Purchaser with a certificate Cher such compensation and insurance have been provided. Such certificates shill specify the date when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after the miles work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, lose or injury of my kind or nature whatsoever to pawns or propeM caused by or reasoning, from she execution of the work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold houg es the purchaser and my or of of the Purchasers officers, agent and employee form and againen my and all claims, losses. damages. charges or expenses, whether direct or indirect, and whether to persons or popery o which the Purchaser may be put or subject by reason of my act when, neglect, omission or default on the pan of the Seller, my of his contactors, or my of the Sellers or Conrmemrs officers. agent m employee. To cue any suit M other proceedings shall be brought against the Purchaser, or its officers, agent or employees in any nine on emblem or by reason of my act action, neglect, omission or default of the Seller of any of his contractors or my of it or their officers, agent or employees as.brand, the Seller hereby agree to assume Me defense themf and to defend the same at the Sellers own expanse, to pay my and of cost, charges, m.meys fees and other expenses, my and all judgments that may he incurred by or obtained against the purchaser or my of it or their officers. agents or employees in such suits or other proceedings, and in case judgment or other Jim be placed upon or obtained against the property of the Purchaser, or said parries in or as a result of such suit or ether proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contmtot shall take of safety precautions, furnish and install of guards necessary for the prevention of accidental comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised y7Ro14