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HomeMy WebLinkAbout116286 POUDRE VALLEY CO-OP ASSOCIATION - PURCHASE ORDER - 3215252PURCHASE ORDER PO Number Page City Of^ 3215252 + of z This number must appear] Collins on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 116286 POUDRE VALLEY CO-OP ASSOCIATION 225 NW FRONTAGE RD FORT COLLINS CO 80524-9265 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 2015 Blanket Order Supplies 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 4,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 110 7=1i10rM nl'irTIM--KIRTe1(iGTiFI Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fog Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Exuse Tax Exemption Cenifirde of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, Ili (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in trend( may be returned to you for credit and are not to be replaced except upon meeipt of written imanowiow from the City of Fort Collins. Inspection GOODS are subject to rise City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in auNoriud payment on the part of the Ciry of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipmanu must be F 0 B., City of Fort Calif., 700 Wood St_ Fort Collins, CO 90522, unless otherwise specified on this order. If pemrission is given co prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will rot be accepted. Shipment Ustmw. Where manufacmuers have diwibuting points in various pans of the country, shtpmmt is expected from rise nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greener distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by s]l applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where de work is performed, or restated by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless form and agars all liability and loss incurred by them by reason of an asserted or established violation les of my such laws, regulations, ordinances, ruand nequiremen.. Authoriraction. All parties to this contract agree that Ne repremmatives are, in fact, bona fide and possess full and complete authority to bind said protests LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and evnditions stated herein set toed and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or Nfferent tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you sweet make complae shipment to sunscreen your promised delivery date as noted. Time is of the eaxnm. Delivery and performance most be effected within the time stand on the purchase order and the documents asached hereto. No acts of the Purchasers including, without limitation, acceptece of pmia late deliveries, sisal operate asa waver ofthis provision. bi the event of any delay, the Purchaser shall have, in addition N other legal and equitable remedies, the option of plating this order elsewhere and holding rise Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays time 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 whomms, gavemments] priorities, fires, strikes, Flood epidemics, wars or riots provided that notice of the a en itions causing such delay is given m the Purchaser within five (5) days of the time what the Seller feat received knowledge therm(. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of he delay, 3. WARRANTY. The Seller warrants that all goods, anodes, 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 standards for work of a similar nature. The Seller agrees to hold rise purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on warranty.Th account of the Sellers breech of warranty. e Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (O year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by Be Seller after the date of acceptance of the goods famished hereunder (acceptance nor in be unreaannably delayed), resulting foam imperfect or defmove 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 wanmty. Except as otherwise provided in this purchase order, the Sellers I lability hereunder shall extend 10 all damages proximately caused by the breach of my of the mm ing warranties 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 SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purdasa may make changes to legal terms by wrnen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to rise terms, other then legal corms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchasor may at any time by written change order, terminate this agreement as to my or all portions of the goads then not shipped, subject to my equitable adjustment bmveen the parties as in my work or materials her in progress provided than the Purchaser shall not b liable for my clams for anticipated profits on the uncompleted Portion of the goods ardor work for incidmta or wrrsequers al damages, and that no such adjustment he made in favor crime Seller with respect to my goods which are the Sellers standard stock. No such tam ination shall relieve the Purchaser or the Seller of any of their obligations as to my goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjusrmmt must be asserted within Ihid, 130) days from the time the change or mrmination is ordered 8. COMPLIANCE WITH LAW. The Seller accuracy that all goods sold hereunder shaft have been produced said, delivered and furnished in atria compliance with all applicable laws and regulations to which the goods are subject. The Seller doll execute and deliver such documms as may be required in effect or evidence compliance All laws and regulations required to be incorporated in agreements of this chatucmd are hereby incurr crated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hornless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry that soup. transfer, or convey this order, or my worries due or to become due hereunder without the prior wrten consent of the other parry. 10 TFFLE. The Seller warmds full, clear and unresmcied title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, tree and clear of my and all liens, restrictions, reservations, security interest encumbrances and clams i f others. 11. NONWAIVER. Falure of the Purchasersist upon strict performance of the terms and conditions heren, frour or delay to 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, shill not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser to insist upon grin performance hermf or any of its rights or remedies as to any such goods, regaddles of when shipped received or airs ed, as to my prior or subsequent default hereunder, nor shall any protruded oral modification or rescission of this purchase order by the Purchaser operate az a waver of any of rise terms herself 12. ASSIGNMENT OF AN71MUST CLAIMS. Seller and the Purchaser mbognin that in actual anon, practice, o erarges chresulting from antitmat violations are in fact home by the Purchaser. Thermally, for good cause and as consideration for executing this purchase order, the Seller hereby amps to the Purchaser any and all clams it may now have or hereafter acquired under federal or sate antitrust laws for such overcharges delving to the particular goods or services purchasad or arquord by the Purchaser pursuant to dig purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs rise Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mews available to it and the Seller sisal pay all cos. associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and clams of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry, othssed and shall emend to the Nrecmm. officers and employees of such parry. The Seller's contractual uldhit tiros, including wommty, shall nut be deemed to be reduced, in my way, because such work is performed or caused to IN performed by the Purchaser. Iq. PATENTS. Whenever the Seller is required to use my danger, device, material or process covered by later, pared, trademark r copyright, the Seller shall indemnify and save handless the Purchzver from my and all claims for infringement by reams of the use of such patented design, device, twtenal or process in coextion with Be comma, and shall indemnify the Ferriage for my cos, expense or damage which it may be obliged to gay by reason of such indisposed at any time during the prosecution or after the completion of the work. In can said equipmm, or my per thereof or the immded use of the goods, is in such suit held to constitute infringement and the use of sad equipment or pan is imported. the Seller shall, as its own 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 noninfringing equipment, or modify it se it becomes nomnfringing. Is.INSOLVENCY. If the Seller shall become insolvent or bmkrrq, make an assignment for the bmalt of credimrs, appaim a Teverver or antstce for any of rise Sellers property or bualres, this order may forthwith b, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the right of all parties hereunder shall he construed under and governed 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 Bard eas of Sellers Repmmntadve(s), on the premises ofotlre s IT SELLERS RESPONSIBILITY. The Seller shall carry, on said work ad Sellers own risk mul the same is fully completed and accapted, and mall. in rase of my accident, destruction or injury to rise work andror materials before Seller's fatal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become 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 Be payment of workers compensation, including occupational disease benefits, in its employees employed on or in wmection with the work covered by this purchase order. and/or 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 limited or, conomual and automobile public liability insurance with bodily injury and death limits of at lead 100g000 for my one person. S50o000 for my one accident and propey, damage limit per accident of S100,000. 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 cestif corn Nat such compmmtlon and insurance have been provided. Such certificates shall specify the dais when such compensation and insurance have been provided. Such candidates ates shall specify due dare when such compensation and insurance expires. The Seller agrees that such con,wastion and iwmance shall b, maintained until after the more work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Set let hereby assumes the entire responsibiliy and liability for any and all damage, lass or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in mmeaion herewith. The Seller will indemnify and hold handless the Purchaser and my or all of the Purchasers officers, agmu and employees form and aganst my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether 1. parsers, or propay to which the Purchaser may be put or subject by reason of my re, actions, realest omission or defnalt on the For of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In use my suit or other proceedings shall be brought agalwl the Purchaser, or its ofRcars, agents or employees many time on account or by reason of my act, anion, 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 in assume the defense thereof and m defend the same at me Sellers own experts, to pay my and all cos., charges, anomeys fees and other expense, my and all judgment, that may be incurred by or obtained against rise Purchaser or my of its or their officers. smarts or employees in such sums or other proceedings, and in case judgment or other lien be placed upon or obtained against the proper, of the Purchaser, or said parties in or as a result of such suits or other proceedings, he Seller will in once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contracmrs shall take all safety precautions, fomiah and instal all guards necesssry for the prevention of recidm., comply with al laws and regardless with regard to safety including, but without herniation, the Occupations] Safety and Health Act of 1970 and al wiles and regulations issued ptrrsumt therein. Revised (OnO10