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HomeMy WebLinkAbout204060 SIMPLEXGRINNELL - PURCHASE ORDER - 3215264PO PURCHASE ORDER 321526er Page �'.Ity of PURCHASE 3215264 t of z ' `tr oltins Thisnumbermustappear ` V ' 1 on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 204060 Ship To: WATER UTILITIES SIMPLEXGRINNELL CITY OF FORT COLLINS DISTRICT #419 700 WOOD ST 6240 SMITH RD FORT COLLINS CO 80521 DENVER CO 80216-4632 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 10,000.00 Fire Alarm System 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 Total 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. COMMERCIALDEfAILS. Tax exemptions. By statute no, City of Fon Collins is exempt From state and local taxes. Our Exemption Numberis II. NONWAIVER. 98-04502. Federal Excise Lax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hermf failure or delay to In, ... I Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 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 s breach the occurrence of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either room shipped or due to defaces of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in moss at, may he recorded to you for credit and arc not to be replaced except upon rtteipa of wrom purchaser to insist upon strict performance hereof m my of its rights ter remedies as to any such good, regardless instructions from the City of Tom Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shill any Imported and modifcation or rescission of this purchase order by the Purchaser operate as a waver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection an arrival. hereof Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS . authorid payment on e part of the City of FoFortCollins. However, it is to be understand thatFINAL mth Seller and the Purchaser ider, ee tom in actual economic practice, overcharges resulting from entities! ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase order, the Seller hereby assigns by the Purchaser my and all chums it may now have or hereafter Freight Terms. Shipmens mutt be F 0 B., City of Fon Collins, 70) Wood Sr. Fon Collins. CO 90522, unless acquired under feted or rime antitnsa laws for such overcharges relating to the particular goods or services otherwise specified on this order. If Permission is given to prepay fright and charge separately, the original freight purchased or acquired by the Pmchaur pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will rat be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from she nearest distribution poim to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificarre 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 segdred by any other duly nominated public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from add against all liablllry and loss red by them reason by of an asserted or established violation of my such laws, rrgulanow, ordan inces, roles Wanecorequirements. Authorisation. All pares to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to me terms and conditions stated herein set form and my supplementary or additional terms and continuous amrexed herem or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objeered to and hereby rejeaM 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date as noted. Time is of the essence Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal end equitable remedial, me option of placing dis order elsewhere and hold., the Seller liable for damages. However, me Seller shall nor he liable for damages u a result of delays due so causes not ressonably foreseeable which are beyond Its reasonable control and without is fault of negligence, such acts of Cud acts arrived or military Memories. Vvxmmmul priorities, fees, wri Rood trademark wars or riots provided that notice of me conditions waking such delay is given so the Purrhmef within fee (5) days of the time when the Seller first received knowledge thereof In the went of my such delay, the date of delivery shall be extended for the period equal to me came actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be N for the purposes intended, and Performed with the highest degree of care and compermce in accordance with accepted mandard for work of a similar nature. The Seller agrees to hold the purchaser hannleks Form my loss, damage or expense which the ay Purchaser msuffer or incur on seemed of the Sellers breach of wwwry. The Seller shall regard. repair or make good, without cast to the purchaser, my defects or faults arising remain one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by de Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials brother! by me Seller. Acceptance or use of good by the Purchaser shall not conscature is waiver of any claim —der this wor mty, Except as otherwise provided in this purchase order, the Sellers liability here -der shall extend on all damages proximarely caused by the breach army of the foregoing wunmdes or guarantees, bra such liability shall in no event include loss arprofits 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 written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including addrions to or deletions from Me measures originally ordered in me specifications or drawings. by verbal or written change order, If any such change aliens the amount due or the time of performance hereunder, an equitable adjummmt shill be made. 6, TERMINATIONS. The Prourchasser may at any time by women change order terminate this agreement as to any or all portions of the good then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that we Purchaser shall not be liable for my claims for an rcipated pmfirs on the uncompleted portion of the goods and/or work, for incidents] or mosequennal damages, and that no such adjustment be made in favor of the Seller with respect to my goods which ere the Sellers standard stock. No such termination shall relieve Me Purchaser or the Seller of my of dear obligations as to my goods delivered here —der. T. CLAIMS FOR ADJUSTMENT. Any clam for adjunmert mesa be warned widin dirty (30) drys from the daze the change or remnnumen is ordered. 8. COMPLIANCE WITH LAN'. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sfnct compliance with all applicable laws and regulations ed 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 to be ncorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees m indemnify and hold no Purchaser heragess fmm ill costs and damages suffered by the purchaser as a result of de Sellers falme to comply with such law. 9. ASSIGNMENT. Neither pray shall group, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of me one, party. 10. TITLE. The Seller warrants full, clear and arum a ed title to me Purchaser for ill equipment, materials, and items Famished in perfmmance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest rncumbrmces and claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dines the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller dueafler indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all mats associated with such work. The Seller shall release the Purchromr and is contractors of my net from all liability and claims of any nature ,awing fmm the performance crouch work. This release shall apply even in the event of fast of negligence of the parry released and shall extend to the directors, officers and employees of suit parry. The Sellers contranua obligations, including want shall not be deemed te, be reduced, in my way, because such work is performed or caused to be performed by we Purchaser. 14. PATENTS, or Wltrnever the Seller required so nee ad design, device, material ar rims covered by levier, parrot trademark copyright, the Seller shill indemnify and save hatless she Purrhsroc firms any -d all clams for impingement by reason niche use of such for my design, device, mmage hi process in eobliged n with y r coon Mr, and shall indemnify the nine during far any war, expense or damage whicheamay he obliged pa c pay by reason of such my pan at any rime during use prosecutions, after she co it helm of she work. fir case said equipment, or my pm thereof r an intended use of e she good, is in such suit held to constitute infringement and the ore e said haler the or pan is untie us ng Seller shall, nt ors own wprnse and at its option, timer pronre for me Purchaser she quip a t. or using said equipment ie parts, replace the same with substannuly equal but noninfnnging egurpmmt or rrwdify is m is becomes roninfnnging. 0. INSOLVENCY. If she Seller shall become insolvent or bankrupt make an responded for the benefit of common, Vacant a receiver or vuriem e for my of de Sellers property or business, this order ay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or me interpretation of the agreement and de rights of all parties hereunder shall be examnoed —der and gdoemeed by me laws of me 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 Repreantmivch), 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, rid shall, in e of my accident, destruction or injury to me work and/or materials before Seller's final completion and acceptance, complete de work at Sellers own expense and to the satisfaction of the Purchaser. Wher materials and equipment are fumished by others for mediation or erection by the Seller, the Seller mall revive, unload, store and handle same at the ate and become responsible therefor as dough such materials and/or equipment were being fumished by the Seller under the order. 19 INSURANCE. The Seller shall, a his own expense, provide for the payment of workers compensation, including occupational disease bmefid, to its employees employed on or in connection with the work covered by this purchase order, and/or m their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited ro, contractual and aumrnbile public liability, insurance was bodily injury and death limits of at least 5300,OW for any one persoq 5500,OW for my one accident and property damage limit per accident of 140FOW. The Seller shall likewise require his contrackors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contracmrs employees shut do my work upon the premises of omen, the Seller shill famish the Purchaser with a certificate that such compensation and insurance have bear provided. Such cenifcetes shill specify me time when such compensation and insurance have been provided. Such tw ifcates shall specfy the date when such compensation and in expires. The Seller agrees that such compensation and insurance shall be manded nnow after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my and all damage, loss or injury of any kind or nature wharserever to persons or properly caused by or resulting Farm the execution of the work provided for in this purchase other or in connection herewith. The Seller will indemnify and hold hatmless the Purchaser end my or all of the Purchasers oRcem, agents and employees form, and a,aar my and all claims, loose, damages, charges or expenses, whether direct or indren and whether to persons or propem to which the Purchaser may be par or subject by noon of my act, acnoq neglect, omission or defmh oa the pan of de Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees, In case any suit or other proceedings shall be brought against the Landrum, 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 any of his comments or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and w defend me same ter she Sellers own expense, to pay my and all was, charges, attorneys fees and other expenses, my and ill 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 more judgment or other him be placed upon or obtained against the property of the Fragment, or sad parties in or w a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and inrtall all guards necessary for de prevention of accidents, comply with all laws and regulations with regard to safety including, but widout limitation, the Occupational Safety and Health Act of 1970 and of now and regulations issued pursuant dereto. Revised 07=4