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HomeMy WebLinkAbout111385 WILLIAMS EQUIPMENT CO - PURCHASE ORDER - 3215273Fort Collins Date: 01/13/2015 Vendor: 111385 WILLIAMS EQUIPMENT CO PO BOX 340 HENDERSON CO 80640 PURCHASE ORDER PO Number Page 3215273 1of2 This number must appear on all invoices, packing sli s and labels. 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 Orderpd Prim 1 Blanket Order - 2015 Misc. 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@fogov.eom 1 LOT LS 10,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins u exempt f state and load taxes. Our Exemption Numbs is 9804502. FWeml Excise Tax Exemption Certificate of Registry ge-6000587 is egisterad with the Collector of Internal Revenie Denver, Colorado (Ref. Colorado Revised Saadma 1973. Chapter 39-26. 114 (a). Goods RejectM, GOODS REJECTED due to failure to more, specification, either when shipped or due to defaces of damage in brawn, may be mowed to you for credit and are not to be replaced except upon receipt of wri wn Iwwctions tram the City of Fort Collins. Inspection. GOODS arc subject to the City of Fon Collins inspection on etrival. Fowl Acceptance Receipt of the merdaMi., services or equipment in response to this order ran result in nuthoried payment on the pan of be City of Fort Collins. However, it is to In understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection p urridees. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless effaw. specified oa this order. Upemission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be arentod. Shipment Distance Where manufmmrers have dktributing points in us parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dNumnl from Invoice when shipments are made farm gcdaf distance. Pamits. Sella shall procure at sellers sole cost all necessary permits, a nifintw and licenses required by all applicable laws, regulation, ordinances and rules of be state, municipality, territory or political subdivision where the work is performed, or required by any other duly constimtd public authority having jurisdiction over be work of vendor. Seller further agrees to had the City of Fon Collim harmless tram and against all liability and loss incurred by them by rea.n of an aaened or established violation of any such Laws, regulations, mdiwnces, rules and nNuic annow. Authorization. All ponies to this conduct agree but be Marsentitives art, in bet bans fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purebsse Order expressly limits acceptor m the arms and conditions sated herein set forth and any supplementary or additoml terms and wnditiow mmexed hereto or imorpomted herein by reference. Any additional or differrnnerms and conditions proposed] by sells are objected to and hereby mjeaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carton make complete shipment to arrive on your promised delivery dam in noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase aNer and the documents attached hereto. No arts of the Purchmem including, wiboul 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 to other legal and equitable remedies, the option affiliating this order elsewhere and bolding the Seller liable fir damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reumwbly fureaeeable which are beyond its reasonable control and without its fault of negligence, such aura of God, an; of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the pedd equal to be time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples source other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in uwrdonce with accepted Standards for work of a similar rmme. The Seller agrees to hold the purchwer barniws from any loss, damage or expense which the Purchaser may suffer or incur on account arrive Sellers breach ofunial The Sella shall replace, repair or make good, without eat to the pumhsser, any defects or faults arising within one (1) year an within such longer period of time as may be prescribed by law or by the tears of-, applicable warranty provided by Ne Seller after the date of resonance of be goods famished haeuMer (acceptance not to he umeawrably delayed), resulting fmm imperfect or defective work done or materials fmishd by be Seller. Accepacce or use of goods by the Purcbam shall not constimle a waiver of any claim unda this warranty. Except w cabins. provided in this puehange mile, the Sellers liability hereunder shall extend to all damages proximately nosed by be breach of my of be foregoing wamnties or gwrontces, but such liability shut] in no want include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal renew by women change coda. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the wants, other than legal terms, including additions to or deletions from be 9runtin s. originally ordered in the specification, or dmwiny, by verbal or written change order If any such change affects the amount due or the time ofperfotmares hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Ile Purchases may at any time by veramen change order, terminate this agreement ns to any or all damons of the goods then not shipped, subject to any equitable adjustment between the at,, in to my work or materials then in progress provided that the Purchaser shall not be ]Ohio for any claims for anticipated part,. on the uncompind Portion of the goody entllor work, for incidental or consequential damages, and that no such adjustment he made vt favor of the Seiler with respect to any goods which are be Sellers smmlard stock. No such termination shall relieve be Purchase, or be Seller army of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. A, claim far Wjustntmt in be assured within thirty (30) days from the date be change or aromatic- is ordered. 8. COMPLIANCE WITH LAW. The Sella warena that all good sold harunda shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which be good dart subject. The Seller shall execute and deliver such documents in may be required to effectors evidence compliance. All lawn and regulaiom required to be incorporated in agreements of this character me hereby uncrowned had. by this reference. The Seller tigers to indemnify and hold the Purchaser harmless from all rests and damages suffeed by the Pmchwa as a result of the Sellers failure to comply with such For. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other perry. 10. TITLE. The Seller warrants full, clam and intramural tide as the Encloses for al calulpmem, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of other. 11. NONWA VER. France of be Purchaser b insist upon strict pabomination of be terms and combustor hereof, failare or delay to examise any rights or remediea provided herein an by law, failure to promptly notify the Seller in the event of a breach, be acceptance ofor payment for goods beeuMer or approval of be design, shall not elown de Sclla of any of the w hadmia or obligations of this purchue order and shall sot be deemed a waiver of any right of the purchaser b insist upon strict performance hereofor any of its rights or remains as in my such goods, regardless of when shipped, received or scceplcd, w to any prior or subsequent default brremdee aor shall any puryoned am] modification or rescission of this purchase order by be Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser rtognize that in actual economic es France, overcharges rulting from antitrust violation are in fur home by the Purchuer. Theretofore, far .it cause end w wmidemtion far executing this purchase order, the Seller hereby maligns to the Purchaser any and all claims b may now have or Ferrara uquired under federal or state antitrust laws for such reachages relating to the particular goods or svrvirta purchased or respond by the Purchum, pursuant to this purchase order. 13, PURCHASERS PERFORMANCE 01; SELLERS OBLIGATIONS. If the Purchaser direct, the Seller o correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness to comply, the Potchwer may cause the work to be performed by the must expeditious meow available to it, and the Seller shall pay all rusts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my =two msultmg from the paf io atic of such work. This release shall apply even in the event of fault of negligence of the party released dual shall extend to the directors, officers and employees client Pang. The Sellers communist obligations, including wammsry, shall Out be domed to be aboard, in any way, because such work a perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is retained,. use any design, device, material or process covered by later, pan, mdemark or copyright be Seller shall indemnify and save hornless the Purchaser from any and all claims for infringement by reason of the use of such yaeneJ design, device, mmmal or process in connection with the contract, and shall indemnify be Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the Transaction or after be completion of be work. In case said equipment, or any prat thereof or the intended use of the goods, is in such suit held an wnstimm infringement and the use of said equipmenl or pan is enjoined, the Seller shall, in its awn expense and at its option, either procure for the Purchaser be right to continue using said equipment or purls, replace the same with substantially equal but nonlnfrioging equipment or modify it se it becomes noninGtnging. 15. INSOLVENCY. If the Seller shall become insalvent or bankrupt, make not assignment for the benefit of creditors, ap,ml a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of teem used or the interpretation of the agreement and be rights of all ponies hereunder shall be cowhued under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases when the Sella is to perform work hertunda. including be or. fSell. Bryre.natin(s), an be premises ofothers. 17. SELLERS RESPoNSIBILITY. The Seller shall wry on said ..,it m Sellers own risk until the same it fully completed and ucepted. and sbar. in case of any accident, destruction or injury to the work andrm materials before Sellers finial completion dud revolutions, complete the work at Sellers own expense and to the satisfaction of be Friedman. When materials and equipment are fm6hd by others for installation or erection by be Sella, be Seller shall receive, unload, store and bundle same at the site and become responsible therefm as bough such materials and/or equipment were being fmished by be Seller under be order. I S. INSURANCE. The Seller shall, in his own expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with be work covered by this purchase order, andlor to their dependank in accordance with the laws of the state in which be work is to be done. The Seller ,hull also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of in lend $300,000 for any one person, E500,000 for tiny accident and propeny damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers m his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purehwer with a certificate that such compensation and insurance have been provided. Such eenifirstes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and firmarre expire. The Seiler agrees that such wmpensetlon and imuaw, shall be maintained until after the entire work is completed and scarred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller nearby assumes the entim mpowibilily and liability far any and all damage, lass or ra,my of any kind or name whatsoever to persons or papery caused by or resulting from the execution of be work provided for in this purchase aNer or N sua lion herewith. The Seller will indemnify and hold harmless be Fractions and any r all of be purchasers officers, at. and employees from and against any and all claims, I., damages, charges or expanses, whether direct or indirect, and whether to pasom or pmlaeny to which the PNucham may be put or subject by mason of any act, action, railcar, omission or default on be past of the Sella, any of his contractors, or any of the Sellers or contactors officers, agents m employees. In cove any suit or other procedup shall be brought against be Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, nigher, omission or default of be Sella of any of his contractors or any of its or their ofirow, agents or employees as aforesaid, be Seller hereby agrees to assume be defense thrreof and an defend be same at be Scllers own expense, to pay any and all tins, discga, attameys fors and other expenses, any and all judgments that may be incurred by or obtained against be purchaser or any of its or their olficas, agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or obtained against the property of the Purchuer, or said parties in or w a mail of such suits or other proceedings, ,be Seller will at once cause the same to be dissolved and discharged by giving bond or oberwi.. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all Incas and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant heeto. Revised O712014