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HomeMy WebLinkAbout103009 PORTER INDUSTRIES - PURCHASE ORDER - 3215294City of Fort Collins Date: 01/13/2016 Vendor: 103009 PORTER INDUSTRIES 5202 GRANITE ST LOVELAND CO 80538-1622 PURCHASE ORDER PO Number Page 3215294 1012 This number must appear on all invoices, packing slips; 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 1 2015 BLANKET ORDER UTILITIES City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $6000 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 20,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80622-0580 6Ir Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Cenif,we of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the arms and conditions her.( failure or delay, to Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, Failure to pmmDtly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval fthe design, shall notrelezae the Seller of Cmads Rejected. GOODS REJECTED due to failure m meet specifiea macs, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of my night of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon strict cerfmmance hereofor my of its rights or remedies On to my such goods, regardless insauctions from the City airport Collins. of when shipped, received or accapmtk as to any prior or subsequent default hereunder, nor shall my purported and modificamen or rescission of this purchase order by the Purchaser agents in a waver of my of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. fiermf, Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. autlwnud payment on the pm of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser xxognis that in actual exanornic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fan borne by the Purchaser. Therewbor, for good cause and in consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and ill clams it may now have or hereafter Freight Terms. Shipments most be F O B., City of Fort Collins. 7Oct Wood 5t, Fon Collins, CO 80522, unless acquired under federal or wade mtimat laws for such overcharges relating m the particular goads or services otherwise specified on this order. Ifpamissim is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill raw accompany invoice. Additional charges for packing will Out be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distnbming pointsmvariant pans of the country, shipment is Ifthe Purchaser directs the Seller to extract nomminfomongor defective goods by a dam to be agreed upon by the expected from the nowat distribution point to destination, and excess freight rill be deducted from Inmate when Purchaser and the Seller, and the Seller thereafter indicates in inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be ceeftwms by the mot expeditious means available an it, and the Seller shall pay III costs ass«ited with such work. Permits. Seller shall procure at sellers vole cot all necessary permits, cenificande and Ingregs required by all applicable laws regulations, ordinances and roles of the sate, mmticipaity, territory or political subdivision where The Seller stall release the Purchaser and in contractors of my net from all liability and claims of my nature the work is performed or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller fuller 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, rules This release shall apply ever in the event of Fault of negligmce of the parry released and shill extend m the and requirements, directors, officers and employees of such parry. Authoritarian. All panic to this contract agree that the representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warmnry, shall not be deemed to be reduced, in my way, because complied authmiry to bind said games such work is performed or caused to be perfomeed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expnassly limits acceptance to the terms and conditions stated herein set form 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 to arrive an your promised deliverydate as noted. Time is of the esunce. Delivery and cerformeace must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pmial late deliveries, shill operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, 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 without its fault of negligence, such acts of God, acts of civil or military authorities, govemmeadd prionties, fires, sanity, food, epidemics, wars or riots provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of wanmty. The Seller shell replace, repair or make good, without cost Io the purchaser, my defects or faults arising within one (U year or within such longer perod of time as may be prescribed by lower by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materas furnished by the Seller Acceptance or tax of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wraanties or guarantees, but such liability shall in no event include loss of prefix 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 woven change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make my changes to thms mgal e terother thleterms, including account,or deletions from the qumdtiesoriginilly ordered in the specifications or drawings, by vernal or wren change order. If my such change affects the amount due or the time of performmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminus this ageemeat as to any or all potions of the goods than not shipped, subject to my equitable adjustment berwevr the games On to my work or materials ther in progress provided Nat the Purchaser shall no be liable for my clams for anticipated profits on date uncompleted portion of the goods and/or work, for incidental or consequential damage, 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 Purchdow In the Seller army a(their Obligations as as my goods delivers hereunder. T. CLAIMS FOR ADfUSTMENr. Any claim for adjustment most be asserted within thin, (30) days from the dam the change or termination is orders. 8. COMPLIANCE WrrH LAW. The Seller warrants dead all good sold hereunder shall have been produce, sold, delivered and furnished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall mecum and deliver such documm%as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character an, hereby incorporate 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 the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, tmnsfeq or come, this ordex or my monies due or to become due hereunder without the prior writen consent of the other parry. 10 TITLE The Seller warrants Poll, clear and unrestricted tide in the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Wheneverthe Seller is required to use any design device, material or peccess covered by ]met. parent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the we of such pstmted 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 persimmon or Met the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute infringement and date use of said equipment or pan is enjoined the Seller shall, at in own expense and at its option, either procure for the Purchaser the right to continue using said equipment or peas, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes nomnfnnging. 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 foMwiten be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tents used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the servos of Sellers Representatives), oa the premises of others, ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in e of my accident, deen ction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When centrals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same a the site and became responsible therefor as Ihough such materials andor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own 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, miller tu their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive gmeril liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of ar least S30o,000 for any one person. I500.000 for any one accident and property damage limit per accident of I100,000. The Seller shall likewise require his connacmrs, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shill do my work upon the premises of others, the Seller shall famish the purchaser with a certificale that such exmpersauon and insurance have been provided. Such ceroficares shall specify the dam whin such compensation and insurance have Eem provided. Such certificates shill specify the dam whom such compensation and inurantt expires. The Seller ogees than such rompemadon and irrsarance shill h maintained until after the .on work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the more responsibility and liability for my and all damage, loss or injury of any kind r nature whntsoever 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 inderne y and hold harmless the Purchaser and my or all of the Purchasers officers. agmm and employees fmm and against my and all claims losses. damages. charges or expenses, whether direct or indirem and whether re persons or property m which the Purchaser may W par or subject by reason of any up action, neglect omission or default on the pa of the Sellea my of his nomination. or my of the Sellers or contractors officers, agents or employes. In case my suit or other proceedings shall he, brought against the Purchaser, or its officers, agents or employees at any time an accouet or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or emplovees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the sate at the Sellers own eapevse, as pay my and all costs, charges, attorneys fees and other expentts, my and all judgments that may be incurred by or obtained against the Parehuer or my of its or their officers, sg.ts Or employees in such unit or other Emcee imp. and in case judgment or other lim be placed upon or obtained against the propen, of the Purchaser, or said parties in or as a result of such suits or other pro xxx ings, 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 Investment, fort and install ill guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, Ne Occupational Safety and Health Act of 1990 and all rules and regulations issued pursuant thereto. Revised 07/2014