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HomeMy WebLinkAbout517306 DISTINCTIVE WELDING INC - PURCHASE ORDER - 3215203City of Fort Collins Date: 01/12/2015 Vendor: 517306 DISTINCTIVE WELDING INC 700 W WILLOX LANE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215203 1of2 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: 01/12/2015 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 uuandty UOM Unit Price Extended Ordered Price 2015 Blanket Order Welding P14 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, PC 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1_ COMMERCIAL DETAILS - Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is I I. NONWAVVER, 98-WS02. Federal Excise Tax Exemption Cenif sine of Registry 84-60ill is registered with the Collector of Failure of the Purchaser to insist upon prim pedomwce of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeces of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in flown, may be returned to you for credit and are not sr be replaced except upon receipt of written purchmeno insist upon strict performancehereofor any of its rights or remedies w to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on amval. hwoof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGN M, Nr OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is ro be understood rho FINAL Seller and the Purchaser recognise that in actual economic practice, o ersonges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in but home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby amps to the Purchaser any and all claims it may now have or hereafter Freight Terms. Ship... met be F.O B., City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, undess acquired order federal or state witurun laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the origtnot freight purchased or acquired by the Purchaser, pursuant to this purchase only, bill must accompany invoice. Additional charges for packing will not be secepral 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vanus pans of the wwtry, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be debrend from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingnes to comply, the Purchaser shlpmen. are made from greater domfors, may cause Me work to be Pen'amed by the most expeditious means available to it, and the Seller shall pay all cons asrociatM with such work. Permits. Seller shall procure at sellers mile cost all necessary pwal cerifieaus and licenses required by all applicable laws, regulations, ordinances and roles ofthe sore, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public mthorly having jurisdiction over the work of vendor. Seller further agrees to bold 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 any such laws, regulations, ordinances, rules and requirements. Authotiaation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonry to bind mid formes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any 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 on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No row of the Purchasers including, without limitation, acceptance of partial late dellvedes, shall operate as a waiver of this provision. U the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option afflicting 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 reawnable control and without its fault of negligence, such acts of Gad, arcs of civil or military authorities, governmental priontia, fires, strikes, food epidemics, wars or foots provided that notice of the conditions causing such delay is given to the Purchaser within live (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 to the dine actually lost m reason of the delay. 3. WARRANTY The Seller warranw 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 nandmds for work of a imilar nature. The Seller agrees to hold the partner harmless from any loss, damage or expense which the Purrhsser may suffer or incur on account of the Sellers breach of rearrow, The Seller shall replace, rtpair or make good, without con to the purchase,, any defers or faults arising within one (I) year or within such longer Ferro i of time as may be prescribed by law or by the terms of any applicable wananry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not be unreawnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser 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 any of the foregoing warranties or guarantees, but sum 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 Now by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the Sperfflemons or duwings, by verbal or wrimor change order. If my such change affects the amount due or the time of,a iormance hereunder, an equitable adjustment shall be ral 6 TERMINATIONS. The Purchaser may at any time by written change order, terminate his agreement as 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 Mat the Purchaser shall not be liable for any claims for anticipated profits on the =completed perform of the goods moor work, for incidmtil or emssequendal damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my grads delivered hereunder. r. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date tin change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict 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 to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller ogees to indemnify and hold the purchaser harmless from all now and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due fiereunder without the prior wriner consent of the otter parry. 10. TTILE. The Seller warrants full, clew and unresmcted title to Me Purchaser for all equipment, materials, and items famished in performance of this agreement, free and cleat of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and is contractors of any tier from all larlabry and claims of any nature resulting firm the performance of mch work. This release shall apply ever in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall nor Joe deemed to be reduced, in my way, because such work is performed or caused to her performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or process covered by letter, paten[ trademark or copyright, the Seller shall indemnify and me, harmless the Purchaser from any and all dims for infringement by relown of the use of such patented design, down, mmenal or process in correction with the commit, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goal is in such suit held to constitute inGtngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its opden, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it as it becomes mninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser withow liability. 16. GOVERNING LAW. The definitions ofterms used or Ore interpretation writhe agreement and the rights of all parries hereunder shall bar consumed coder and govemed 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 Rnowenul on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on card work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction 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 materials and equipment are fomished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same a the site and become responsible therefor u though such materials number equipment were being famished by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefiu, to its employees employed on or in connection with the writs covered by this purchase order, aw/m to their dependens in accordance 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 as contractual and automobile public liability inswmce well bodily injury and death time. of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to Provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate thin such compensation and insurance have been provided. Such certificates Shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and instance expires. The Seller agrees that such compensation and insurance shall be maintained wdl after the antra woh is completed and restrain. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whas«ver 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 indemnify and hold harndess the Purchaser and my or all of the Parthmers officers, agents and employees from and against my and all claims, losses, damages, charges or exparms, whether direct or indirect, and whether to persons 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 Seller, my of his contractors, or my of the Setters or contactors offers, agents or employees. In case any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees at my time un account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid the Seller hereby agree to a.ume the defense thercof and to defend the come at the Sellers own expanse, to pay any and all crow, charges, in,, fees and other expenses, my and all judgments tent may be incurred by or obtained agansr the Purchaser or my of as or their officers. agents or employe« in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be drsselved and discharged by giving bond or otherwise. The Seller and his contractors shall tie all safety precautions, fwnish and install all guards necessary for the prevention of accidents, comply with all laws and reguations with segard so safety including, but without limitation, the Oc<upationzl Safety and Hicalth Act of 1970 and all rules and regulations issued p..t thereto. Revised 0)R014