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HomeMy WebLinkAbout130122 KING SURVEYORS INC - PURCHASE ORDER - 3215231PURCHASE ORDER PO Number Page CI�/ of PURCHASE 15231 + of 2 ' `t Collins( on all invoices, must appear ` v on all invoices, packing �slips.nd labels. Date: 01/12/2015 Vendor: 130122 Ship To: WATER UTILITIES KING SURVEYORS INC CITY OF FORT COLLINS 650 EAST GARDEN DR 700 WOOD ST WINDSOR CO 80550-3157 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 Ordered UOM Unit Price Extended Price 2015 Blanket Order 1 LOT LS 60,000.00 Surveying 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, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I�IRdtT[;3�7tRi � m _ r r[ffi17S1QfaSai Page 2 of 2 1. COl UAERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Callan, of Failure of the Purchaser r0 insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 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 ofthe design, shall not release the Seller of Croods Rejected. GOODS REJECTED due to failure m men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order artd shall not be deemed a waiver of any right of the damage in transit may be returned in you for credit and are net to be replaced except upon receipt of women purchaser to insist upon strict performance hereofor any ofi6 rights m remedies uto any such goods, regardless instructions from the City of Fort Collins. of when dipped, 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 arc subject o the City of Fort Collins inspection on arrival, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ,undaunted payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and Me Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures 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 any and all claims it may now have or hereafter Freight Terms. Shipments most be F.0 B.. City Of Fan Collins, 700 Wood St. For Collins, CO 80522, onlas acquired under federal or state antitrust laws for such overcharges repair, to the particular goods or ser.dres otherwise specified on this orde,. if pemtission is given to prepay freight and charge separately, the original freight purchased or acquired by the PPmhaur pursuant to this purchase order. bill most accompany invoice. Additional charges for backing will Out be wearied Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the percent distribution point to destirmtion, and excess freight will be deducted (men Invoice when shipments ara made from wearer distance. Permits. Seller shop procure at sellers sole cost all remission, permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where Me work is performed, or required by any other duly mnstitumd public authonry having jurisdiction over the work of vendor, Seller further agrees to hold the City of Fort Colllos fiawless from and against all liability and loss incurred by them by reason of an cozened or established violation of any such laws, regulations, ordinances, rWa and requirements. Awfonvtion. All parties to this contract agree that the representatives are, in Get bona Ode and possess full and complete surname to bind said Estates. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sat forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional Or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carmen make complete shipment to arrive on your promised delivery time in wood. Time is of Me asea. Delivery and pedaommce must be effected within the time spirted on the purchase order and Me documents witched hereto. No was of Me Purchasers including, without limitation, acceptance of partial late delhence, shall operate as a waiver of this provision. In Me event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, Me option affiliating this order elsewhere and holding the Seller liable for damages. However, Me 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 of negligence. such acts of God, acts of civil or military authorities, b veramenta priorities, firs, wakes, Flood epidemics, wars or nuts provided Ma notice of Me conditions causing such delay is given to me Purchaser within five (5) days of Me time when Me Seller first received knowledge thereat In Me event of any such delay, Me date of delivery shall be extended for Me period equal as Me time actually Ion by reason of Me delay. 3. WARRANTY. The Seller warrants Mat all good, articles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other descriptions give, will be fit for me proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar aware. The Seller agrees be hold Me purchaser harmless from any loss, damage or expense which Me Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ter make good, without cost to Me purchaser, any defmts or faults raising within one ( I I year or within such longer Period of time as may be prescribed by law or by the arms of any applicable warranty provided by the Seller after Me data of winegrower, of Me good famished hereunder (acceptance not to he unreamnably delayed). resulting from imperfect or defective work done or materials fumishad by Me Seller. Acceptance or use of good by Me Purchaser shall not mnNtute a waver of any claim under this warrant, Except as otherwise protruded an May puchae order, Me Sellers liability hereunder shall extend to all damages proximately caused by Me breach of any of Me foregoing .1,.as or guarantors, but such lum liry shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FRNESS FOR PURPOSE SHALL APPLY, 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes w Me terms, other Mao legal terns, including additions to or deletions from Me qumtities originally ordered in Me specifications or showings, by carbon or women change nine. If any such change affects the amount due or me rime of perfortnsoce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement any or all puntsof me good Men not shipped, subject to coy equitable adjustment between the parties into any work or materialsin= in progress provided Mat Me Purchaser shall not be liable for any claims for anticipated profits on me uncompleted portion of Me good and/or work, for incidental or consequential cmwga, and that no such adjustment be made in favor of Me Seller with respect to any good which are Me Sellers standard stock. No such termination shall relieve me Purchaser or the Seller of any of mein Obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from Me date Me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warants Mat all good sold hereunder shill have been produced, sold, delivered and famished in steer compliance with al applicable laws and regulations to which Me goads 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 ncorpooted in agreements of this character are hereby incorpemted herein by Mis reference. The Seller agrees to indemnify and hold Me Purchaser harmless from all costs and damage suffered by Me Purchaser as a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry Mail assist, transfer, or convey Mis order, or any monies due or ne become due hereunder without Me prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to Me Purchaser for all equipment materials, and items famished in performance of this agreement flee and clear of my and all liens, restrictions, reservations, security interest ecumb-- and claims of others. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to aonect nonconforming or defective goods by a daze by be agreed upon by the Purchssa and the Seller, and Me Seller thereafter indicates its inability or unwillingness to comply, Me Purchaser may cause the work to be performed by me most expeditious means available to it and the Seller shall pay all cows associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and clams Of any nature resulting from the performance of such work. This release shall apply eve in the even of fault of negligence of the party released and shall extend to the directors, oRcers and empGyees of such parry. The Settees commema obligations, including warranty, shall not be deemed ra be redound, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. NMenever the Seller is required muse any design, device, battered or process covered by letter, patent, trademark or copynghl.the Seller doll indemnify and save harmless Me Purchaser from any and all claims for infringement by reason of Me use of such papered design, device, mverial or process in wrmection with the contract, and shall indemnify me Purchaser for any cost, expanse or damage which it may be obliged to pay by reason of such infringement at any Gee during Me prsecution or after the completion of the work. In case said equipment or any pan thereof or the Intended use of the geed, is in suds salt held to ..a., arrangement and the use of said equipment or pan is enjoined, Me Seller shall, at its oven expense and at its option, either procure for Me Purchaser Me right in continue using said equipment or parts, replace Me same with subsmndally aqua but noninfringing equipment, or modify it so it becomes nonirminging. 15. INSOLVENCY. If Me Seller shall become insolvent or bankrupt, make an assignment for Me benefit of creditors, appoint a receiver or Income for any of Me Sellers property or business, this Order may formwlM be canceled by Me Purchaser without liability. 16. GOVERNING LAW The definitions of moms used or Me interpretation of Me agreement and Me rights of all parties hereunder Ball be construed under and governed by Me laws of Me State of Colorado, USA. The following Additional Conditions apply only In ewes where the Seller is to perform work hereunder, including the servicesof Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on sad work an Sellers own risk until Me $ame is fully completed and accepted, and shall, to au of any accident destruction or injury to Me work and/or materials before Sellefx final completion and weepwce, complete Me work at Setters own expense and by me satisfaction of Me Purchaser. When mantas and equipment we furnished by others for installation or erection by the Seller, Me Seller shall receive, unload score and handle same at Me site and become responsible therefor as Mouth such maenals and/or equipment were being famished by Me Seller under Me order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational disease bmarin. is its employees employed an or in connection wruM Me work covered by this purchase order, and/or to their dependents in accordance wiM Me laws of the spite in which Me work is to be Mane. The Seller shall also carry comprchesive general liability includin& but not limited to, communist and automobile public Habit, announce sum bodily injury and Beam limits of at leent 1000.000 for any one person, s500,000 for any one accident and property damage limit per accident of Sf00,000. The Seller dell likewise require his wormanors, if any, to provide for such compensation and insurance. Before any of ere Sellersor his conpanors employees shall do any work upon Me premises of omen, me Seller shall famish me Purchaser w.M a cestificate mat 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 insurance expires. The Seller agrees that such compensation and insurance dell be maintained until after Me snare work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me court rea,mi ibiliry and liability for any and all day,,1 ss or injury of any kind or nature whatsoever to persons or property caused by or resulting from Me execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Me Purchaser and any or all Of Me Purchasers officers, mamrs and employees from and against any and all always, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property no which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Me part of the Seller any of his contractors. or coy of Me Sellers or contractors officers, agents or employees. In case any suit or other proceedings seal be brought agaml the Purchaser, or its officers, agents or employees at any time on account m by resort of any act, action, neglect omission or default of Me Seller of any Of his contractors or may of its or Mein officers, agents or employees as aforaad, Me Seller hereby W. to assume the defense Maef and no defend Me same at Me Sellers own expense, to pay any and all costs, charges, momeys fees and other expenses, any and all judgments Man may be occurred by Or obtained against Me Penchssa or my of in Or their officers, agents Or employees in such suits or other proceedings, and in cue judgment or outer lie be placed upon or obtained against Me property of the Purchaser. or sad pama in or on a result of such arms or other proceedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or omenwise. The Seller and his contractors mall take all safety precautions, famish and instal all guards necessary for Me prevention of accidents, comply with all laws and regulations with regard to safety including, but w.lhout limiltio, Me Occupational Safety and Health Act of 1990 and all pules and regulations issued pursunt Meom. Revised 07aO14