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HomeMy WebLinkAbout119019 INTERMOUNTAIN SALES OF DENVER INC - PURCHASE ORDER - 3215224PURCHASE ORDER NumberPO Page City of PURCHASE 321522215224 1012 CollinsThis number must a V on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 119019 INTERMOUNTAIN SALES OF DENVER INC. 3792 S LIPAN ST ENGLEWOOD CO 80100-3454 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 1 2015 Blanket Order Service 8 Supply 1 LOT LS 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. 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 ICI 111 IP 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6WO587 is registered with the Collector of Internal Revenue, Denver, Colorado tRef Colorado Revised Statutes 1973, Chapter 3946 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tannic may be returned to you for credit and are tat to he replaced except upon receipt of written instructions from the City ofFort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, muivires or equipmnt in response to this order con r esult in aathorimd payment on the pan of the City of Fan Collins. However it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fan Collins, 7W Wood Sr, Fan Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separnely, the original freight bill most accompany invoice. Additional charges for tacking-11 tut be accepted. Shipment Distance. Where manufacturers have distributing points in various part of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice whom shipments are made from greater diwame. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the stare, 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 screw. Seller Lumber agrees to hold the City of Fan Collins hamdess from and against all liability and loss incurred by them by reason of an asssred or established violation of any such laws, regulations, ordinances, area and rm air menm. Annunciator All parties to this contact agree that the ormesmutives are, in fan, bona fide and posses full and eomplue authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limps acceptance to the terms and conditions stated herein set foM and my supplementary or additional turner and conditions annexed hereto or incorporated herein by reference. Any additional or different owns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve On your promised delivery data w noted. Time is of Me essence. Delivery and perfoemance most be effected within the time stated on day, purchase order and the documents attached hereto. No arc¢ of the Purchasers including, without limitnuou acceptance of partial late deliveries, shall operate asa waiver of this provision. In the event of my delay, the Purchazer shill have, in addition m other legal and equitable remedies, the opuon of planing 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 forettmble which are beyond its reasonable vernal and without its fault o£negligence, such errs of Gad acts of civil or military aNhormes, governmental prionties, fines, strikes, food epidemics, wars or mars provided that minis¢ of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof In the event of my 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 assurance, that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andsor other descriptions giver will be fit for the purposes intended, and Performed with the highest degree of care and compereace in accordance vuh accepted standard for work of a imilar nature. The Seller ogees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on mwmt of the Sellers breach of watery. The Seller shall replace, repair or make good without cost to the purchaser, my defects or faults arising w,thln one (1) year or vathin such longer penod of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after me date of (acce acceptance of the goods furnished hereunder ceptannot to be unreasonably delayed), resulting from imcerfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not vnstimte a waver of any claim ander this waranry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of my of the foregoing warantia or guarantees, but such liability shall in no event include loss of probes or nos 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 turns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchazer may make my changes to the terms, other than legal terms, including additions to or deletions from the quantifies aiyinally ordered in me syecifcations or drawings, by verbal or written change order. If any such change aHmts the amount due or the lime of performance hereunder, an equitable adjustment shall be made. 6. TERIBNATIONS. The Purchaser may ar any time by written change order, terminate this agreement as to my or all portions of the good that not shipped subject to any equitable adjustment between the parries as to my work or materials then in progress provided Mat the Purchaser shall not be liable for my claims for anticipated profits con the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller woh respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be aaerted within Min, (30) days from the dam the charge or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and furnished in strict wmplimce with all applicable laws and regulations to which me goods are subject The Seller shall execute and deliver such documents M 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 agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers falum to comply with such law. 9. ASSIGNMENT. Neither parry shall assist, transfer, or vnvq this order, or my marries due or in become due hereunder without the prior wnnm consent oldie other parry. 10 TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and ell liens, restrictions, reservations, swunty interest encumbrances and clams of others. 11. NONWAIVER. Failure of the Purchaser to insist upon grist performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event as breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not elease the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a w9iver of any night of the purchaser to insist upon stria performance hemofor any of in rights or remedies as to any such gwds, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported Orel modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp heater 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puthrogur ruagnlae that actual economic practice, overcharges r suiting from antitrust violations are in fact home by the Purchaser. Theretofore for 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 hereafter acquired under federal or state antiuust laws for such overcharges renting to the particular goods or services purchasedor acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thermlter indicates in inability or unwillingness to comply, the Purchaser may cause the work to be performed by the man expeditious means available to it, and the Seller shall pay all vests associated with such work. The Seller shall release the Purchaser and its contactors of my tier from all liability and claims of my nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dirocmrs, officers and employee of such parry. The Sellers contractual obligations, including warranty, shall not be dremed in be reduced in my way, because such work is performed or caused m Is, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, manual or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such wormed 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 my time during the prosecution or alter the completion of the work. In case said equipment, or my pan thermf or the intended use of the good, is in such suit held in tworn me infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pars, replace an, same with substantially equal but nownfringing Nopment, or modify it so it becomes mninGnging. 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, this order may foMwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms wood or the interpretation of the agreement and the rights of all parties hereunder shill be consoued coder and governed by the laws of the State of Colorado, USA. The following Additional Condiments apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprrguarivels), on the premises of others. 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 any accident, destruction or injury to me work and/or matenals before Sellers Baal completion and acceptance, complete the work at Seller's own expunge and to the satisfaction of the Purchaser. Whom materials and equipment are furnished 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 as though such matenals and/or 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 occupadanal disease benefits, to its employees employed on or in connection with the work covered by this purchase order. mdlor to their dependents in accordance with the laws of the some in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not Iuntim as contractual and automobile public liability insurance wiN bodily injury and deem limits of se lcam E300,008 for any one person, $500,00U for any accident and property damage limit per accident of 5400,000. The Seller shall likewise cram. his conarramory, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall Famish the Purchaser with a certifcate Chat such compensation and insurance have been provided. Suds certificates shall specify the date when such compensation and insurance have been provided. Such cenlficares shall specify the dare when mach compensation and insurance expires. The Seller agrees that such compemation and insurance grail be nommined now after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of my kind or nature whaunner to persons or property caused by or resulting from the execution of me work provided for in this purchase order or in connection herewma The Seller will indetruefy and hold harmless the Purchazer and my or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirett and whether to persons or property to which the purchaser may be put or subject by reason of my act, action, neglat omission or default on the pan of the Seller, my of his contactors, or my of the Sellers or contractors officers, agents or employees. In cue my suit or other proceedings shall be brought against the Purchase or in officers, agents or employees at my time on cocoon or by reason of my act, action, neglect, omission or default of the Seller of my of his stationary or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay my and all costs, charges, attorneys 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 other proceedings, and in cue judgment or other lien be placed upon or obraned against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once raise the same m be dssolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, banish and install ill guard necessary for the prevention of arcidmts, comply with all laws and regulations with regard to safety includin& but Vmww howellon, the Occupational Safety and Health Act of 1970 and all rule and regulations issued pursues thereto. Revised 07I2014