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HomeMy WebLinkAbout462036 FINISH LINE SYSTEMS LLC - PURCHASE ORDER - 3215212Fort Collins Date: 01/12/2015 Vendor: 462036 FINISH LINE SYSTEMS LLC 2490 KIPLING ST LAKEWOOD CO 80215 PURCHASE ORDER PO Number Page 3215212 tof2 This number must appear on all invoices, packing sli s 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 Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Maintenance - Meters „I4 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 Total Pay terms net 30 days Invoice Address: 15, 000.00 ,41I0 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2of2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Fwlure of the Purchaser to insist upon short pcif rma nun of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado f l ef. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any tights or remedies provided herein or by law, fillare to promptly notify the Seller is the event of a breach, the suceptance eau payment for goods hereunder or approval ofine design, shall rim exlesm the Seller of Good; Rejected. GOODS REJECTED due to failure to meet specifications, either wfim shipped or due to defects of any of the wmmri. or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit may be returned m you for credit and are rot to be replaced except upon receipt of written purchaser to insist upon smct perfarmmce heracfor any of its tights or remedies as In my such good, regardless instmetions from the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waver of my of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchmdoo. se r equipment in response to this order can result in 12. ASSIGNMENT OF ANrITRUST CLAIMS. authemaed payment on the pan of the City of run Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise then in actual economic practice, overcharges resulting from moment ACCEPTANCE is dependent upon completion Ball applicable required inspection procedures. violations are in fan home by the Purchaser. Theresforefor goad cause and m consideration for etacudng this purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter Freight Terms. Shipments must be F.0 B.. City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unleas acquired under federal or state anmrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpermission is given to pep, freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orden bill must accompany invoice. 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 If the Purchaser duvets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest drshobution point m destimer a, and excess freight sill be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inabi liry or unwillingness to comply, the Purchaser shipnew. are made from greater distance, may cause the work to be performed by the mom expeditious means available to it and the Seller shall pay all costs associated with such work. Petmits. Seller shall procure at sellers sole chat all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the state, onmicipaliry, territory or political subdivision where The Seller shall release the Purchaser and its contractors of my her from all liability and clams of my namre the work is performed, or required by any other duly constituted public authority having junsi iction over the work resulting from the performence of such work. of vendor. Seller further agrees to hold Ore City of fell Collins harmless from and against all liability and loss ws by them by reason of an asserted or established violation of my such la, regulations, commoners, roles This release shall apply even in the event of fault of negligence of the parry released and shall extend as the endcared requirements directors. orccers and employees of such parry. Audronntian. All pasta he this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said patties. LIMFLATION OF TERMS. This Purchase Order expressly 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 yew promised delivery dam as noted. Time is of the matte Delivery and astronomer, most be, effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acuptmce of partial late deliveries, shall operant as a waiver of this provision. In the event emy delay, the Purchaser shall have, in addition mother legal and equitable remedies, me 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 ofnegligence, such acts of God, acts of civil or military amhondes, governmental pnonties, fees, strikes, flood epidemics, wars or now provided that notice of the conditions causing such delay is given to me Purchaser within five (5) days of the time what the Seller firs received knowledge therm[ In me event of my such delay, the time of delivery shall be extended for the period equal w the time utually lox be, reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, marmals and work covered by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be Et for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted mandars for work of a similar namre. The Seller agrees to hold the purchaser harmless from any loss, damage m expense which the Purchaser may suffer or now on account of the Sellers breach emanation, The Seller shall replace, repair or nuke good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as, may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptmce of the goods famished hereunder (acceptance not to be memorially delayed), resulting form 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 my claim under this warrmty. Except as otherwise pmvi ded in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warmties 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 SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by whom 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 quantioes originally ordered in the specifications or movie , by verbal or written change order. If any such change reflects the amount due or the time of perfoemance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by eon en chmge order, terminate this agreement as to any or all portions of me good then not shipped, subject to my equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated prafits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of me Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Foremost or the Seller army of their obligations as to my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any clam for adj ummmt most be wormed within money (do) days from the date the charge or termination is Ordered. 8. COMPLIANCE. WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in to,, compliance with all applicable lawn and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Its and regulations required to be nderporned in agreements of this character are hereby inewfamted herein by this reference. The Seller agrees to indemnify and hold me 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 party shal align, transfer, or convey this order, m any monies due or to become due hereunder without the ,romoona et conent wiser dow,cory. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment matimas, and items famished in pedormmce of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and clams of others. The Sellers communist obligations. including waranty, shall not be dented to be reduced, in my way, becztue such work is performed or causedto be pMcrmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of me use of such patented 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 toy time during the prosecmian 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 infringement and me use of sad equipment or pan is enjoined, the Seller shall, at its out expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nownfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If me Seller shall become insolvent or bankrop[ make m assigmnmt for me benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may faMwith be canceled by the Pmchwer without liability 16. GOVERNING LAW. The definitions ofterms coed or the interpretation of the agreement and the rights of all proves hereunder shall be construed under and governed by me laws o£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 Repreamutive(s), on the premises trotters. ❑. SELLERS RESPONSIBILHY. The Seller shall carry on sad work at Sellers own risk until the same is fully completed and accepted, and shall, in use of my accident, destruction or injury to the work =&or materials before Sellers final completion and ac epeu ce, complete me work at Sellers own expense and to the satisfaction of the purchase¢ When materials and equipment are remitted by others for installation or erection by me Seller, the Seller shall receive, unload, stare and handle same at me site and became responsible therefor w though such materials torpor 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 electric benefits, to its employees employed on or in connection arm the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also can, comprehensive general liability including but not limited to, wentractural and automobile public liability insurance with bodily Injury and death limits of at least S300,000 for my one person, E500,000 for my one accident and property damage limit per accident of i400,000 The Seller shall likewise require his crencerectork, if my, so provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work used the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify me dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the entire work is completed and overlord. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby incomes the more neapotaibihly and liability for my and all damage, loss or injury of my cod m nature whatsoever m pshoures or propery caused by or resulting from the execution of the work provided for in this purchase order or in co enedion herewith. The Seller will indemmify and hold harmless me Purchaser and my or all a the Purchasers officers, agents and employe. from and against my and all claims, losses, damages, charges or expenses whether direct or indirect, and whether to persons or property 0 which me 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 Sellers or contractors officers. agents or employees. In case my suit or other proceedings shall be beaught against the Purch ow, or its officers, agents or employees at any time on account or by reason of my act action, neglect omission or default of the Seller of my of his contractors or my of its or their officers, agents an employees as atax ei the Seller hereby agrees . assume the defense mean( and to defend the same at me Sellers own expense, to pay my end ill cos¢, charges, attomrys fen and ocher expenses, my and all judgment that may be incurred by or obtained agalnm me Purchaser or my of its or their ofcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against me property of the 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 discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and instal all guard reactions, for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all trick and regulations issued prosecutor therera. Revised O712014