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HomeMy WebLinkAbout113014 CRIDER & COMPANY - PURCHASE ORDER - 3215197PO PURCHASE ORDER 321519er Page City of PURCHASE 3215197 ' or z ' `t Collins Ins This number must appear V ` on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 113014 CRIDER & COMPANY 2625 REDWING ROAD SUITE 130 FORT COLLINS CO 80526 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 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 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fnderel Exci.e Tax Exemption Certificate of Registry 84-600058i is registered with the Collector of Failure of the Purchaser W iwst upon gnct performance of the terms and conditions harbor, failure or delay to Internal Revenue, Denver, Colorae (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise a w rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a beach, the aecmtance ofor payment for goods hereunder or approva of the design, shall not release the Seller of Goods Rejected GOODS REJECTED one to failure an meet specifications, either when shipped or due W defects of any of she xarran is or obligations of this purchase order and shall not be deemed a waver of any right of the damage In transit, may be returned to you for credit and are not an be replaced except upon receipt of written Purchaser to insist upon stnet performance harmfoiany ofirs rights or remedies az to mysuch goods, regardless insWetiwS from the City of Fon Collins. of when shipped, received or accepted, as in my prior or subsequent default hereunder, nor shall any pmpottnd oral modification or rescission Of this purchase order by the Purchaser operate as a waver of any of the terms Impection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, servitors or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wdionaed payment on the part Of the City of Too Collins. However, it is to be orlasped thatFINAL Seller and the Purchaser recognize that is actual ocomans, practice, overcharges resulting from .,limit ACCEPTANCE is dependent upon component of all applicable required inspection procedures violations are in fact home by the Purchase, Theretofore, for good came and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser my and all clams it may now have or hereafter Frelghl Terms. Shipments mum be F 0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquire ender federal or gate moment laws for such overcharges relating to the Fornicator good or services otherwise specified on this order. If permission is new to prepay freight and charge sryarasely, the original freight purchased or acquired by the Pmchasr pursomno this purchase order. bill must accompany credits. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment Is I f the Purchaser directs the Seller or, correct nonconforming or defective goods by a date an be agreed upon by the expected from the nearest distribution point to destination, and excess freight will b deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or weillingness to comply, the Purchaser shipments are made from greater distmce may cause the work 0 be performed by the most expedition' mews available Wit and the Seller shill pay all cos. associated with such work. Pend.. Seller shall procure at sellers sole war all necessary permits, emlGezles and licenses require by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fonher agrees to hold the City of Fon Collins harmless from and against all liability and loss tined by them by reason of an awned or established ws violation of my such la, regulmions, ordinces, anmas mounted aw ri remenrs. Audtornation. All parties to this contract agree that the represenurivn are, in fact, bona fide and possess full and complete summdry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foe and my supplementary or additional terms and conditions annexed hereto or inwryorated herein by referee ee. Any additional or different terns and conditions parapeted by seller 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 at, noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents =ached hereto. No acts of the Purchasers including, without limitation, acceptance of pmial late deliveries, shall operate as a waver of this paryourn. In the event army delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option of planing this order elsewhere and bolding the Seller liable for damages. However, the Seller shill not be liable for damages as a result of delays due or causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, wit of civil or military authorities, governmental priorities, fires, stakes, Bond, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge therwf In the event of any 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 goods, ardcks, nationals and work covered by this order will conform with applicable drawings, specifcadons, samples and/or other descriptions given, will be for 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 W hold the purchaser harmless from my loss, damage or expose which the Purchaser may suffer or incur em mcount of the Sellers breach of mtrwry. The Seller shall replace, repair or make good, without cast W the purchaser, my defects or faults arising within one (I ) year or within such longer period of time as may be prescribed by law or by the terms of my applicable macrame provided by the Seller after the date of acceptance of the goods furnished hereunder (accepance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shot l not constitute a waiver ofany claim under this warmans Except asotherwise provided in this purchaseorder, the Sellers liability hereunder shall extend Wall damages pm ansubly caned by the breach of my of the foregoing ..ales or guarantees, bur such liability shall in no event include loss of prof. or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. The Purchaser may make changes to legal terms by women change order 5. CHANGES IN COMMERCIAL TERMMS. The Purchaser may make my changes W the farms, other than legal terms, including additions to or deletions from the quantities ongiomly ordered in ore speci(¢ations or drawings, by varied or wdnen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shal I be made. 6. TERMINATIONS. The Purchaser may an my time by women change order. terminate this agreement as to my or all potions of the goods then not shipped, subject to my equitable adjustment h dwassn the parties as to my work or materials thin in progress provided that the Purchaser shall not be liable for my claims for anticipated profts can the wwmplanal pmNmn of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in Favor of the Seller wish remect to any goods which are the Sellers standard stock. No such anne out shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any clam for adjunnnew most be asserted within army (30) days from the done the change or annunciator is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced sold, delivered and furnished in time, compliance wit all applicable laws and regulations W which the gaud are subject The Seller shill execute and deliver such dacwmenss as may he require W effect or evidmee compliance. All lawn and regulations require to be incorporated in agreements of this character are hereby ince" algid herein by this reference. The Seller agras 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 win such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or movey this order, or my mouies due or W become has hereunder without the prior wiimm consent of the other party. 10 TITLE. The Seller warrants full, clean and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomance of this agrerrenp free and dear of any and all liens, restrictions, reservmions, secunty interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of my her from all liability and claims of my nature resulting from the perfomnance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, officers and employees of such parry. The Sellers contractual obligations, including wanmry, shell not be demand to be reduceek in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Nbenever the Sellers required 1. tie any design, device, nowerial or process covered by liner, parent trademark or copyright, the Seller Stull indemnify and eve harmless the Purchaser from any and all clams for infringement by reason of the use of such parented design, Mice awenal or proces in computation with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be oblige to pay by reason of such infringement at my time during the prosecutor or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the good, is in such suit held to constitute infringemml and the use of sad equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right m continue using said equipment or par., replace the same with substantially appal bur no unfrimging equipment, or modify it so it becomes wninfnnging. 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,M this order may fowith be canceled by the Purchaserwithout liability. 16. GOVERNING LAW. The definitions of arms rind or the inteRreution mf the agreement and the rights of all parries hereunder shall be onstme under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in caso, where the Seller is to perform work hereunder, including the emices of Seller Represenutive(s), on the premises cinders, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work mdlor materials before Seller's now 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 meman by the Seller, the Seller shall receive, wloa L store and handle same at the sire and became responsible therefor as though such mmenals and/or equipment were being fumishe by the Seller order the order. Ise. INSURANCE. The Seller shall, at his own expense, provide for ore payment of workers compensation, including occupational chance benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or W their dependents in accordnce with the laws of the state in which the work is to be done. The Seller shall also may comprehensive gwerel liability including, but not limited m, wmtrmtual and autonsobile public liability insurance win bodily injury and death limits of as Ieaat S300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $100,000. The Seller shall likewise require his contractona, if any, to provide for such compensation and insurance. Before wy of the Sellers or his contractors employees shall do my work upon ore premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provide. Such certifirmas shall specify the date when such compensation and insurance have hew provided. Such certificate shall specify the dare when such compensation and insurance expires. The Seller agrees that such cempe^s won and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the codas responsibility and liability for my and all damage, loss or injury of any kind or manure whatsoever to pecans or property caused by or resulting from the execution of the work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold harmlees ore Purchaser and my or all of ore Purchasers mfficers, egmris and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny W which ore Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my Of his contractor, or my of ore Sellers or contractions officers, agents or employees. In case my suit or other proceedings shall he brought Manor the Purchaar, or its officers, agents or employees at my time an account or by atrium of any act, anion, neglect, omission or default of the Seller of my of his comano ors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agree W assume the defense therm( and in defend she same. the Sellers own expense, m pay my and all costs, charges, amomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or arbor proceedings, and in case judgment or other lien be placed upon or Obtained] against the property of the Porchascr, or said parties in or as a result of such suits or other proceedings, the Seller will in once cane the same to be dsw erso and discharged by giving band or otherwise. The Seller and his comlrazmrs shill also all safety precautions, furnish and install ell guard necessary for the prevention of accidents, comply with all laws and regulations win regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07n014