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HomeMy WebLinkAbout106898 FARIS MACHINERY CO - PURCHASE ORDER - 3215288Fort Collins PURCHASE ORDER Date: 01/13/2015 Vendor: 106898 FARIS MACHINERY CO 5770 E 77TH AVE COMMERCE CITY CO 80022-1044 PO Number Page 3215288 1o12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 i 2015 Blanket Order Utilities - equipment rental (I. lf^11 I 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 40,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City ofFort Collins is exempt from state and local taxis. Ow Exemption Number is 98-US02. Federal Excise Tax Exemption Certificate of Registry 94-60o0587 is registered with the Cwlecmr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starutes 1973, Chapter 39-26, 114 (a). Cords Rejected. GOODS REJECTED due to failure r meet specifications, either when shipped or due to defects of damage in trmak may be returned to you for credit and are firm to be replaced except upon receipt of written wearticams from the City aFFon Collins. Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. Final Accepunce. Receipt of the merchandise, services or equipment in response to this order can result in mtharad payment an the pm of the City of Pon Collins. However, it is to he understood thas FINAL ACCEPTANCE is dependent upon cons,huon.fall applicable required inspection procedures. Freight Terms. Shipments must he ROB.. City of Fan Collins, ]W Word Sa, Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Picking will not be incepted. Shipment Distance. Where manufacturers have distributing point in -.am parts of the wunlry, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipmmss are made from granter distance. Peanuts. Seller shall procure at sellers sale bast all necessary permits, oedlficees and licenses required by all applicable laws, regulations, ordnwces and rids of the stare, municipality, territory or political sub&vision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fan 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, rules and requirement. Aumorivation. All parties to Nis contract agree that the representatives are, in for, bona fide and possess full and complete immunity to bind said parties LIMITATION OF TERNS. This Purchase Order expressly limit acceptance to the terms and conditions mated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive oa your promised delivery date as aced. Time is of the essence. Delivery and performance most be effected within the time seed on the purchase order and the documents mother! herein. No was of the Purchasers including, without limitation, acceptance officinal late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, In addition to other legal and equitable remedies, the option cf placing this order elsewhere and holding the Seller liable for damages However, the Seller shell not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, act of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given in the Purchaser within five (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 warrant that all goods, articles, materials and work covered by this order will conform with applicable drawings, spelfications, samples molar other descriptions give, will be fit for the purposes intended, and performed with the highest degree of can, and competence in accordance with uo,tcd standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wanwry. The Seller shot replace, repair or make good, without cost to the purchaser, my defects or faults nosing within one (1) year or within such longer period of time m may be prownbed by law or by the terms army applicable warrmry provided by the Seller after the this, of acceptance of the good Famished hereunder (acceptance not to be w reawnably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use officials by the Purchaser shall not constitute a waver ofwy claim order this warmry. Except as otherwise provided in this purchase order, the Sellers liability, heeunder shall extend a all damages peximarely caused by the breach of my of the foregoing warranties or guarenfax bm such liability shall in no event include loss of profits or loss army. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGESINLEGALTERMS. The Purehaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser an may make any changes to the terms, other Nlegal terms, including additionsor deletions from the quanuuesOriginally ordered in Me apamifunions or drawirp. by verbal or won= changeorder. If any such charge effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumbrow may m my time by written change aide, occommn this agreement as 1. any or all portions of me good then not shipper, subject to my equitable adjustment hetwem the parties as to my work or materials than in p rgess provided man the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sal let of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADfUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the cars the change or nomination is ordered. 8_ COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliancy, with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be corporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENr. Neither parry shill maim, transfer, or conve, this order, or my monies due or to become due hereunder wihoum she poor wanav consent of the other parry. 10. TITLE. The Seller warrant full, clear and announced title to the Purchaser for at equipment materials, and Items fuenoibed in performance of this agreement, has, and clear of any and all liens, restrictions, reservations, security interest encumbrances and clarets of others. 11. NONWAIVER. Feature of the Pwcbaar m insist upon stria performance of the terms and conditions hercef, falure w delay to exeretscroyfighmor remedies provided herein or by law, falure to promptly notify the Seller m the event of a breach the acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waver of any fight of the purchaser to insist upon strict performance hereof or my of its rights or remdies as to my such good, regardless of when shipped received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser epees m a waver of my of the temss herbaf 12. ASSIGN111W. OF ANTITRUSTCLAIMS. Seller and the Purchaser recognix that in actual economic practice, overcharges resulting from anumsst violations are in fact home by the Purchaser. Theretofore, forgoodcause and as bansidesarioa for executing this purchase order, the Seller hereby assigns to the Purchaser my and all clams it may now have or hereafter acquired under federal or store mritnm laws for such overcharges relating m the particular goods or services purchzsai or acquired by the Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcu the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller, and the Seller thereNer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the mom expeditious mews available to it and the Seller shall pay all cos. associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liabi liry, and clams of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall emend to the airmum, officars and employees of such parry. The Sellers contractual obligations, including warrmry, shall not be deemed to be reduced, in my way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Nhmever the Seller is required to use my design, device, material or process covered by letter, pmm, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all clams for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pm thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it own expense and at its option, either procure for the Purchaser the right m continue min, said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes neninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16 GOVERNING LAW. The definitions of terms wed or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA The fallowing Additional Conditions apply only is cases where the Seller is to pedarm work hereundeq including the services of Sellers Representativeli f on the premises ofothers. 19. SELLERS RESPONSIBILITY. The Seller shill carry on said work at Sellers own ask until the same is fully completed and accepted and shall, au of my accidenr, destruction or injury to the work mNor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for moolnion or section by the Seller, the Seller shall receive, unload, more and handle same m the site and became responsible therefor as though such material rwi equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shol, to his own expense, provide for the payment of workers baptismal including occupational disease benefits, le its employees employed an or in connmtion with the work covered by this purchase order, similar to their depmdmt in accordance with the laws of the state in which the work is to to done. The Seller shill also carry comprehensive general liability includin& but cat limited to, contractual and automobile public liability insurance with Firmly injury and dram limit: of at least S300.000 for my one Person, SS.q..n arc coy one accident and property damage limit per arcidmt of SCW,000. The Seller shall likewise require his mancracturs. if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shell famish the Purchaser with a camficam mar such compensation and insurance have been provided. Such cenifiwnes shall specify the date when soot compensation and insurance have been provided Such certificates shall specify the dare when such commensalism and insurance expires. The Seller agrees then such compemation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind r nature whatsoever to persons or property, caused by or resulting from the execution of the work provided form this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and natural my and all clams, losses, damages, charges or expenses, Whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his mentractors, or my of the Sellers or contractors officers, agents or employees. In case my suit to other proceedings shall be brought against the Purchaser, or its omcers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense theaof and to defend me same at me Sellers own expense, to pay my and all casts, charges, amomeys fees and other expenses, my and all judgment that may be inetmed by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said parties in or as a result of such suits or other proceedings, me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors hill take all safety precautions, famish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rvls and regulations issued pursuant therein. Revised 09R014