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HomeMy WebLinkAbout486984 LAYNE INLINER LLC - PURCHASE ORDER - 9150268Fort Collins Date: 01/13/2015 Vendor: 486984 LAYNE INLINER LLC 7915 CHERRYWOOD LOOP KIOWA CO 80117 PURCHASE ORDER PO Number Page 9150268 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 33918-1 SPLIT BTWN CITY & COUNTY 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 6,020.00 Total $6,020.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt Rom state and load taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of damage in transit may be resumed to you for credit and are not a he replaced except upon receipt of women instructions tram the City of Fort Collins. Irspedion. GOODS art subject to the City of Few Collins hepatica on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on me pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required imitation procedures. Freight Terms. Shipments most be POD, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay fright and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Dutaree. Where trommar, rers have distributing points in swimes pans of the country, shipment is expected from the nearest distribution point to destination, and as. freight will be deducted form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary Panama. c nificites and lic ndee required by all applicable laws, regulations, oMrances and roles of the state, municipally, terrimry or political subdivision wbac the work ¢ performed, or mained by any other duly consumed public authority having jurisdiction over the work of vendor. Sella ffMer agrees a hold the City of Pon Collins harmless from and a,imt all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, toles and requirements. Anda,vation. All parties a this wmran agree that the omesentafivw are, in fact, bons fide and possess Bull and complete authority fro bind said pars a. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp mal conditions sated herein set farm and any supplementary or additional ferns and conditions amcxed hereto or incoporated herein by reference. Any additional w dilferen, sums and cofWnimes proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to while on your promised delivery date as noted. Time is of the scree. Delivery it performance must be affected within the time ardent on the purchase order and the documents attached hacto. No aces of me Purchscrs including, without limitation, acceptance of pmial late delivmes, shall operate u a waiver of this prevision. In the event of any delay, me purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding me Seller liable far dtnages. He., the Seiler shall or be liable for damages as a result of delays due to coves not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence, such acts of God, acts ofeivil or military authorities, govemmenal priorities. Ores, strikes, flood, epidemics, wars or Has provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In me event of any such delay, the Jam of delivery shall be extended forme period ap.I to fie time mtmlly last by reawn of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, Weefflum rs, samples andror other descriptions given, will be fit for the purposes invaded, and performed with the highest degree of are and competence in accordance with accepted nandmds for work of a imihr name. The Sella agrees to hold the purchaser hmnflas from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or NOW arising within one (1) year or within such longer period of time as may be prescribed by law or by the temp ofany applicable warranty provided by the Seller Once the dam of acceptance of the goods Furnished hereunder (acceptance not to be unmmmably delayed), melting from impartial or defective work done or materials famished by the Seller Acceptance or use of goods by the Furthest, shall not constitute a waiver of any 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 my of the foregoing warranties or guarantees, but such liability shall 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 try changes to the corms, other than legal toms, including additions to or deletions from fe grouritics onginnlly ordered in the spainemioru or dmwin,s, by verbal or w'rinen cus', order. If imy such change affects the ammnnt due .,the tiara of performance hereunder, an rynitable adjustmat dutll bo made. 6. TERMINATIONS. The Purchaser may in any time by women change order, terminate this agreement aw to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the miaw,ked portion of the good., and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with reshot to any gaud which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for unarmed most be assured within thirty (30) days from the date the change or termination is ordered. S COMPLIANCE WITH LAW. The Seller warrants that all goods sold hamak er shall have barn produced, sold, delivered and famished in strict compliance with all applicable laws and regolatium to which the goods are subject. The Seller shall exxcu a and deliver such documents ex may he required to effect or evidence compliance. All laws and regulations sustained to be, incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Perchance as a result of the Sellers failure on comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramper, or convey this order, or my monies due or to become due hereunder without the prior written common ofthe other party. 10, TITLE. The Seller warrants full, clear and committed title tome Pmchsser for all equipment, materials, and items fumished in performance of this agreement, free and clear of my and all liens, restriction, reservations, security interest mumbrdmes and claims ofothers 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the hawas and conditions hereof, failure or delay to any rights or remedies provided herein or bylaw. failure to promptly notify the Seller in rise event of a breach, the nealso a of, payment for goods hereunder or approval oftbe design, shall not release the Sella of my of the warranties or obligations of this purchase order 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 remedies to to my such goods, regardless of when shipped, received or comsed, as to any prior or subsequent default hereunder, nor shall any p r lamed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fie Purchaser reeognae that in actual economic practice, overcharges resulting from antitrust violations are in fact fom<by the Puchaer. Theretofore, for good cause and as consideration fro execudng this purchase order, the Seller hereby assigns to the Purchases my and all claims it may now have or hereafter acquired under feleml or state mtitrnst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchases pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchzaer direes the Seller to correct nonconforming or defective go rdi by a date to he agreed upon by the Promisee and the Sella, and the Seller thereafter indicants its inability or unwillingness to comply, the Purchaser may cause me work an be performed by the m0n expeditious meant available to it, and fie Sella shall pay all cots associated with such work. The Seller shall release the Purchaser and its mansw ors of any net farm all liability and claims of any vrvre resulting from the performance crouch work This science shall apply even in the event of fault of negligence of the party released and shaft earned to the directors, officers and employees ofsuch parry. The Sellers communal obligations, including warranty, shall tot be deemed to be reduced, in any way, because such work is performed or caused a he perfofmod by rise Purchsser. 14, PATENTS. Whenever the Sella u raptured so use my design, device, fomerial or process averred by letter, patent, trademark, r copyright, the Seller shall indemnify and save harmless fie Purchase, from any and all claims for infringement by remora of the use of such parented design, device, mmenal or process in owita ion wits the anvmn, and shall indemnify fie Pmcbaser for my can, expense or damage which it may be obliged a pay by reason ofsuch infringement ar any time during me prosamion or aRef the completion of me work. In rase said apm mat or any pan thereof or the intended use of fe good, is in such suit held to connotes, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its owns expense and in its option, eiher procure far the Purchaser the fight to combine using said equipment or pares, replace fie same wins substantially equal but noninfdnging equipment, or modify it so it becomes nownGnging. 15. INSOLVENCY. If the Seller shall become insolvent on, harrowed, make an assignment far the bereft of crediars, appoint a rectiver or trustee for any of the Sellers prapary or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deffainwas ofrerms caned or the interpretation Fthe agreement and the rights of all ponies hereunder shall Inc consumed 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 R rpresentativess), an me premises ofomers ❑. SELLERS RESPONSIBILITY. The Seller shall can, on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in see of any accident, destruction or injury to he work and/or matefals before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of me Purchase, When materials and equipment we handstand by ethers for installation or erection by the Seller, one Sella shall receive, unload, stare and handle same at the site and became responsible therefor as though such materials mdlor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sella 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, and/or to their dependents in sccardance with the laws Of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imuuane, with bodily injury and death limits of at Icaat $300,000 for any one person, S54m.wo for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provde for such compensation and insurance. Before any of me Sellers or his contractors employees shall do any work upon he premises of ushers, the Salle, shall furnish the Purehsa with a cenffiew. that such compensation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expircs. The Seller agrees that such compensation and insurance shall h maintained until after the enrife 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 a injury of any kind r nature whensoever to persons w prepay caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against my and all claims, 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, negiat, omission Or default on the pan of the Sella, my of his contractors, or any of the Sellers or camorefors Officers, agents or employees. In case any suit or other proceedings shall be brought against the Puahser, or as options, agents ar employees at any time on account or by reason of any act, ration, neglect, omission or default of fe Seller of my of his contfmmrs or my of its or their officers, agents or employees as aforesaid, me Seller hereby agrees to assume the defense therof and to defend the same at the Sellers own expeffse, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against fie Porchsse, or my of its or fieu officers, agents or employees in such suits or other proeedings, and in cse judgment or other lint be placed upon or chained against the prepeny of fe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischar,c l by giving band or atherw The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws anal regulations with regard is safey including, but wifiaut limitamn, me Occupational Safety and Health Act of 1970 and ail roles and regulmarm issued pursuant thereto. Revised 07nO14