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HomeMy WebLinkAbout212133 PORT CITY PIPE INC - PURCHASE ORDER - 3215153Fort Collins Date: 01/12/2015 Vendor: 212133 PORT CITY PIPE INC PO BOX 850356 MOBILE AL 36685 PURCHASE ORDER PO Number Page 3215153 left This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2015 SUPPLIES 1 LOT LS 30,000.00 Total $30,000.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By arwute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. SONW AIVER. 9"502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions bean[ failure or delay m Internal Revenue, Drover, Colorado OUT Colorado Revised Statutes 1973. Chapter 39-26. 114 fa) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specificatior, either when shipped or due w defects of any of the warranties or obligations of this purchase order and shall not be deemed a mover of any night of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser tre insist upon strict performance hereofor any of its rights or remedies as many such goods, regardless instructions from the City offon Collins. of when shipped received or accepted, u to any prior or subsequent default hereunder, nor shall my purponed oral modif cation or rescission of this purchase order by the Purchaser operate u a waver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hermE Final Acceptance. Rereipt of the merchandise, services or equipment in resparttt to this order ran resatt in 12. ASSIGNTMEIT OF ANTHRUSTCLALMS. amhrdaed payment on the pan of the Ciry of Pon Collins. However, it is no be understood that FINAL Seller and the Purchaser recognise that in actual ern uric practice, overcharges resulting Be. antimusr ACCEPTANCE is dependent upon completion ofall applicable dal inspection procedures. violations are in fact home by the Purchaser Theretofore, good 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 hansa ter Freight Terms. Shipments most be F O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO $0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this crew. lfpetmission is given to prepay freight and charge separately, the odgmal freight purchased or acquired by the Purchaser pursuanuo this purchase order, bill must zecompmy invoice. Additional charges for lacking -11 no, be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dombum,pomp in various pate of the country, shipment is If the Purchaser diners the Seller to combat nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution prior to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance may cause the work w be performed by the most expeditious means available to it, and the Seller shell pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permirs, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly conssimted public authorry havingjuriadiction over the work of aendor. Seller further agrees to hold the Ciry of Fan Collins harmless Gam and against all liability and loss endtared bas y them by reason of an asserted or established siolation of any such laws, regulations, ordinances, tulas requirements. Authrtiacrom All parties to this cono-mt agree that the representatives are, in fact born 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 sawed herein set (oM and any supplentmary or additional arms and conditions annexed herein of incorporated herein by reference. Any additional or chi fermuerms and conditions proposed by salter are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be efTectal within the time stated on the purchase order and the documents arched herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall apware as a mover of this pre, sion. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpluing 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 central and without its fault of negligence, such acts of God, acts 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 to the Puachaer within five (5) days of the time whom the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal w the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, matanals 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 imdar nature. The Seller agrees to hold the purchaser harmless from my loss, damage to expenze which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cost in the purchaser, my defmrs or faults seising within one (1) year or within such longer pariod of time as may be prescribed by law or by the terms of my applicable warrmry provided by the Seller after the date of eceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except a otherwise provided in this purchase order, the Sellers liability hereunder shall mend in all damages proximately caused by the breach of my of the foregoing wammties 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. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities o igmally ordered in the specifications or drawings, by verbal or woman change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as W my or all punions of the goods then not shipped between subject to my equitable adjustment beeen the parties as to my work or matenalsthen in progress provdied that the Purchaser shall not he liable for any shins, for anticipated profits on the uncompleted portion of the goods harper Work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o my goods which at de Sellers standard sock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADfUSThIENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warren that all goods sold hereunder shall have been produced, sold, delivered and famished in and compliance 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 ro be incorporated in agreements of this character are hereby incorporaed herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, Or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. Io. TITLE. The Seller warrants fill, clear and unrestricted tide no the Purchaser for all equipment materials, and items fumiahed n performance of this agreement, free and clear of any and ill liens, reanetions, reservations, second, interest encumbrances and claims ofothers. The Seller shall release the purchaser and its contractors of my net from all liability and claims of my come record., from the perbmance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall exand to the directors, Oliaers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to he perfoamed by the Purchaser. It PATENTS. Whenever the Seller is required to use my design, device, material or Woeess covered by letter, patent, trademark r copyright the Seller sholl indemnify and save harmless the Purchaser from my and all dalms for infdngemand by reason of the use of such paremed design, device, material or process in connection with the contract, and shall indenmi fy the Purchaser for my cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completien of the work. In cue said equipment or any part thereof or the intended me of the goods, is in such suit held to constitute infringement and the use Of said equipment or pan is enjoined, the Seller shall, a its own extreme and at its option, either procure for the Purchaser the right 0 continue using said equipment or pare, replace the same with substantially egad but noninGtnging equipment, or modify it so it becomes noninfHnging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, swans, a restorer or mete for my of the Sellers property or business, this order may foMwlth be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms 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 State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of sellers Represenative(s), on the premises Orman, 19. SELLERS RESPONSIBILITY. The Seller shall carry on sod work at Seller's own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Sellers fatal completion and acceptance, complete the work at Seller's own expense and w the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materiels and/or equipment were being famished by the Seller under the order. 18. INSURANCE, The Seller shall, at hit awn expense, provide far the paymentofworken compensation, including occupational Intense benefits, to its employees employed on or in connector, with the work covered by this purchase ordeq and/or to their dependents in accordance with the laws of the only in which the work is to be done. The Seller shill also carry comprehensive general liability including, but not limited to, conmmrual and automobile public liability insurance widr bowy word, and death limits of ar leas s300,000 for any one person. s500,000 for my one accident and property damage limit per accident of 000.01 The Seller shill likewise require his comacwrs, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and ansureace have been provided. Such certificates shall specify the date when such compensation and Insurance have been provided. Such certificates shall specify the date whm such compensation and Insurance expires. The Seller agrees that such compensation and insurance shall be maimdned until after the come work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting brain the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my cr .[I of the Purchasers of5ts anan cers, agend employees from and against y and all claimlasses, s, damages, harges or expenses, whether direct or indireq and whether be persona or property to which the Purchaser may be put or subject by reason of my act action, neglect, omission or default on the pan of the Sell, my of his contractors, or my of the Sellers or conduction officers, agents or employees. In case my surf or Other proceedings shell be brought against he Purchaser, Or its officers, agents or employee at my time on account or by reason of my act, action, neglect, omission Or default of the Seller of any of his contractors or any Of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained stands the Purchaser Or my of its or their officers, agents m employees in such suits or other proceedings, and in cue judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or in a result of such suits Or other pm dings. rue Seller will at once cause the sane to be disolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and instal all guards necessary for the preventon of accidents, comply with all laws and regulations with regard to safety including, but without Iimirstlon, the Occupational Safety and Health Act of 1970 and all rates and regulations Issued pursuant therein. Raised 072014