Loading...
HomeMy WebLinkAbout129112 LARIMER COUNTY ENGINEERING DEPT - PURCHASE ORDER - 3215236PO PURCHASE ORDER 321523er Page City of PURCHASE 15236 1 of 2 ' `tCollins` This number must packing V " on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 129112 Ship To: WATER UTILITIES LARIMER COUNTY ENGINEERING DEPT CITY OF FORT COLLINS PO BOX 1190 700 WOOD ST FORT COLLINS CO 80522-1190 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 1 2015 Blanket Order 1 LOT LS 4,000.00 Permit Fees 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 12IMET1 .17-Ai rtCri t'FF7T. tl Page 2 of 2 1. CONIMERCIALDEIAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONW AIVER. 99-04502. Federal Excise Tax Exemption Ceafeta of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hercof. failure or delay to Internal Revenue, Deaver, Colorado (Bar 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 of the design, Shall I not elease the Sal let of Goods Rejected. GOODS REJECTED due. Saluda m men spreeifiwuons, either whm shipped or due to defects of any of the wuranties or obligations of this purchase order and shill not be deemed a waiver of any right of the damage in transit, may be retumai . you for credit and are not in be replaced except upon receipt of wrium pmchmen to insist upon ma. performanm here9f m my of its rights or remedies as to any such goods, regardless instructions from the City ofFour Collins. of when shipped, received or accepted m many prior or subsequent default hereunder, tear shill any purported oral modification or rescission of this purcham order by the Purchaser operate as a waver of my of the terms Inspernon. GOODS are subject to the City affront Collins inspection on moral harder Final Accepwce. Receipt of the merchandise, ser,cas or equipment in response to this order can result in 12. ASSIGN:. NT OF ANTITRUST CLAIMS. anthodaed payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchase recogfae that in actual economic practice, overcharges 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 clams it may now have or hereafter Freight Terms. Shipments must be F.0 B.. City of Pon Collins, 700 Wood St. Fort Collins, CO 90522, unless acquired under federal or state untitnrst laws for such overcharges relating in the pmicdar goods or services otherwise specified on this order. If pentiuion is given to prepay freight and rharge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Addidonil charges for "Skin, will eat be accented. Shipment Distance Where manufacturers have distributing ,mines in vanous parts of the country, shipment is expected fmm the nearest disabuum Point m desuwtion, and excess freight will her deducted from Invoice wbrn Shipments are made fmm greater distance. Permits. Seller shill procure at sellers sole cam all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public aulhonty having jurisdiction over the work Of vendor. Seller fuller agrees . hold the Ciry of Fort Collins harmless from and agwhim ill liability and loss incurred by them by reason of an asserted or establiehed violation of any such laws, regulations, ordnmces, ales and regreir menus. Authorisation. All camas ad this contract agree thin the represmearyes are, in fact, bona fide and possess full ad complete sudhodty. bind said Names. LIMITATION OF TERMS. This Purchase Order expressly limits azcepww to fe terms and conditions mated herein set foM and my supplementary or additional terms and conditions annexed herein or incogwroad herein by reference. Any additional or different trams 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 wave on your promised delivery date es noted. Time ins of the essence. Delivery and performance most be effected within the time sated on the purchase to,, and the documents ma<hed here.. No was of the Purchasers indinha , without limitation, accepwce of partial late deliveree , shill operate as a waver of this provision. In the event of any delay, the Purchaser shill have, in addition. other legal and equitable remedies, the 9pdon of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shill not be liable for damages as a result of delays due. caress not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. Such Is of God, acts of civil or mil, nary authorities govemmemal priorities, fires, strikes, Flood, epidemics, wens or riots provided that notice of the conditions causing such delay is given . the Purchaser within five (5) days of the rime when the Seller firm received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the peck l equal re the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamts that all mes, articles, mamdas and work covered by this order will conform wmf applicable drawings, specifications, samples will other deamptions gven, will be fit for the purposes inconstant, and performed with the highest degree of care and competence in accordance with accepted man"& for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which fe Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, wd1mut cost . the purchaser, my defects or faults arising within one (1) year or ",fin 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 time of acceptance of the gads famished hereunder (acceptance not to be mrreawnably delayed), rewiring from Imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shill not mandate a waver of my claim coder this warmty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend to all damage proximately "used by the breach of my of the foregoing werranuss or guarantees, bed such liability shill 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 terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my chmgm to the terms, ofer than legal re including additions to or deletions from anes the quddoriginally ordered in the spanwin ifiComm or drap, byNil or wrinen change order. If my such charge of rm s the amount due or the mane of performance hereunder, an armlet adjustment shall be made. 6. TERMINATIONS. The Purchaser may as my time by wdnm cbmge order, terminate this agreement as to my or of potions of the goods fin not shipped, subject to my equitable adjustment between the Names es to my work or matmils than in progress provided that the Purchaser shall not be liable for my clams for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller wath respect. my goods which are the Sellers standard stock. No such termination shill relieve the Purchaser or the Seller of ay of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADNSTMENf. Any claim for adjwmmr mum be asymed within fill (30) days form the data the change or temtination is wdemd 8. COSB'LIA.NCE WITH LAW, The Seller wamts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance wild 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 no be incorporated in agreements of this character are hereby iworpmrated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless room all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill magi, transfer, or convey this order, or my monies due or to become due hereunder without fe prior wnnm consent of the other parry. 10. TITLE The Seller waters full, clear and unrestricted title. the Purchaser for ill equipment materials, and items famished n perommuscor. of this agnowre r, free and dear of my and all hens, rasmnions, reservations, security interest encumbrances and clams of.dims. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cart«t nonconforming or defeeerve goods by a date. be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or wwillingnes0 comply, the Purchaser may cause the work to be performed by the mom expeditious means available to it and the Seller shill pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature resulting fmm the performance of mch work. This release shall apply even in the event of Each of negligence of the parry released and shall extend in the drmmrs officers and employees of such parry. The Sellels contractual obligations, including waramm. shall not be deemed to be reduced in any way, became such work is performed or "used a be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, maternal or Wocess 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 the 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 he obliged to pay by reason of such infringement at any time during the prosecudon or after the completion of the work. In case sad equipment, or my pa ferwf or the intended use of the goods, is in such Said held to conmtitute infringement and the use of said equipment or pa is enjoined, the Seller shall, at its own expetase and at its option, either procure for the Purchaser the right to continue using sad equipment or parts. replace the same with wbswtiilly equal but noninfnnging ecuipmenL or modify it on it becomes rtoninfringing. IS.INSOLVENCY. If the Seller shall become insolvent or bankmpt make m assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwmf be canceled by fe Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of ill parties hereunder shill be conswM order and govemed by the laws of the Stine ofColorndo, USA. The following Additions] Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on sad work at Sellels awn risk until fe same is Polly completed and accepted, and shall, in e of any accident, destruction or injury to the work andfor materials before Seller's final completion and acceptance, complete the work ar Sellels own expense and to the satisfaction of the Purchaser. Whom materials and equipment are famished by others for installation or Stamm by the Seller, the Seller shall receive, unload store and handle same n the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order, 19 INSURANCE. The Seller shall, at his own expense, provide for the payment mworkers compensation, including occupational disease benefits, to its employees employed on or in connection wdth the work covered by this purchase order, and/or are their dependents in acwrdmce w.th the laws of the state in which the work is to be done. The Seller shall War carry comprehensive general liability includng but not limited to, contractual and automobile public liability inurance with bodily injury and death limits of m least $300,O03 for any one person, $500,000 for my one accident and property damage limit per accident of SfOQ000. The Seller shall likewise require his conummrs, if any, m provide for such compensation and imwmce. Before my of the Sellers or his comrmmrs employees shill do my work upon the premises of riders, the Seller shill famish the Purchaser with a ceruficle that such compensation and imparance, have been provided. Such certificates shall specify the date warm such compensation and insurance have been provided. Such certificates shall specify the date when such emotionalism and insurance expires. The Seller agrees that such compensation and madear a shill be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the were responsibility and liability for my and all damage, loss w injury of my kind or nature whatmever to persons or property, caused by or resdnng from the execution of the work provided for in this purchax order or in "inaction herewith. The Seller will indemnify and had handless the Purchaser and my or ill of fe Purchasers tdffi agen¢ and employees from and agaimt my ad all claims, losses, damages, charges or eapmses, whether drat or indren, and whether to persons or property m which the Purchaser may be put or subject by raamn of my can, action, neglect omission or def en t on the pa of the Seller, my of his contractors, or my of the Sellers or commerce, officers, agents or employees. In cause my suit or other prmceednp shall be brought against the purchaser, or its officers, agents or employees at my 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 or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, armnnys fees and other expenses. my and all judgments fat 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 case judgment or other lim be placed upon or obtained Maim, the property, offe Purchaser, or said ponies in or as a result of such suits or other proceedings the Seller wdl so once ease the come to be dissolved and dsrharged by giving bond or otherwise. The Seller and his Summary shill take ill safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupations] Safety and Health Act of 1970 and all ales and re,fafiuns issued pursuant Sere.. Revised 07R014