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HomeMy WebLinkAbout548703 PIPE INDUSTRIES - PURCHASE ORDER - 9146926PO PURCHASE ORDER 914692er Page City of PURCHASE 46926 1 of z Flirt Collins( This number must appear !"_`�,/`' ` V " on all invoices, packing sli s and labels. Date: 01/21/2015 Vendor: 548703 PIPE INDUSTRIES 5840 E 77TH AVE COMMERCE CITY CO 80022 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/21/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add addtl funds per S.Gallegos' email 1/21/15 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.mm 1 LOT EA 11.87 li9-YA Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Toms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from ram and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Failure of the Purchaser to insist upon $islet performance of the terms and conditions hereof, failure or delay to mainall Revenue, Denver, Colorado (Ref. Colorado Revised Statums 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance ofor payment for gooks hereunder or appoval of the design, shall not release the Sella of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in fiamit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to build upon stria performance formfor any of its rights or remedies as to any such goods, regardless imvumions from the City of Fort Collins. of when shipped, received or aaepted, as to any prior or subsequent default hereunder, or shall any purported oral modification or rescission of this purchase older by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of For, Collins inspection on unreal. hater. Final Acceptance. Receipt of the merchandise, movices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it ism be, understood that FINAL Sella end the Pmchmer recognize that in at.[ a is practice, overcharges resulting fmm anntmm ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations art in fact home by dmaM te Purch. Thenfore,nfor 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 Terror. Shipments mutt be F.O.B., City of Fort Collins, T00 Wood St, Fort Collins, CO 80522, unless acquired under federal or sate entitrvsl laws for such overcharges reining to the particular goods or serrica otherwise specified on this candor. Vpermission is given no prepay freight and charge separately, the original freight purchased or tecti ll by the Purchaser pursuant m this purchase mcla. bill mutt eccdmmny invoice. Additional charges for Backing wif] net be accepted. Shipment Distance. Where manufacturers have dstributing points in varkedus pail of the country, shipment is expected from the nwrat distribution point m dedication, and excess freight will be deducted fmm Involve when shipments are node fmm greats distance. Petunia. Seller shall procure at sellers sale cost all nacssory permits, ceoifiwus rand licenses required by all applicable laws, regulations, industries and roles of the same municipality, territory or political subdivision where Me work is performed, or required by any other duly costhuted public aolhoriry having jurisdiction ova she work of vendor Seller further agrees to hold the City of Fan Collins harmless from most against all liability and Ins incurred by them by repmr of an covered or established violation of any such laws, regulation, ondinartces, cola and re, irernents. Autho6-6on. All parties to this contract agrte that the mpreunativa are, in fact bona fide and possess full and complete authority to bind said pmies. LIMITATION OF TERMS. This Purchase Order apressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional mutts and conditions annexed hereto or imrorymnta l herein by reference. Any additional or different terms and condition proposed by seller see objected to and hereby djated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the wsesee. Delivery and pert tame most b effected within the time sated on the Purchase other and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial him deliveries, shall opeam as a waives if this provision. In the event ofany delay, Me Purchaser shall have, in addition to other legal and equable remedies, the option of plaring this onda elsewhere and holding the Seller liable for damages. However, the Seller sball cat he liable for damages as a tauh of delays due to causes not reaawnably foreseeable which an, beyond its reawnabk control and without its fault of negligence, such aces of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or rids provided Had notice ofthe conditions casing such delay is given to the Purchaser within five (5) days of the time when the Sella plot received knowledge thereof. In the went of any such delay, the date of delivery shall be extended for the period equal to the time usually lost by mason afMa delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmwinp, specifications, samples andsor 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 rwmre. The Seller agrees to hold the purctaur harmleas fmm any loss, damage or expense which the Purchaser may suffer or mention account of the Sellers breach of warrmty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the amu affray applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials banished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except an, otherwise provided in this purchase order, the Selers Liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamnnia or guarantees, but such liability shall in no event include loss of profits a loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purehsa may make changes to legal lens by won. change oda. 5. CHANGES IN COMMERCIAL TERMS. The Purchasrmay make any changes to the temp, other than legal terms, including additions to or deletions from the quantities originally ordered in the spexi ficatiom or drawings, by verbal or written change order. If any such image affects the money due or the time ofperfao mice hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by written change nNer, terminate this agreement as m my or sell pcomm. of the goods then not shipped, subject to any equitable adjustment between the parries as, m any work or materials then in progress pravided that the Familial, shall not be liable for any claims for onticipmed prefix on the uncomplem l portion of the gook and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Pumhster or the Seller ofany of their obligations as to any goods delivered hacienda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is Ordered. I. COMPLIANCE WITH LAW. The Seller wmants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which she goods are subject. The Seller shall execute and deliver such da omit s ns may be required to effect or evidence compliance. All laws and regulation included to be ncorponted in agreements of this chancier are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser s a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to handle due hereunder without the, prior written consent of the other party. 10, TITLE. The Seller watraats fall, clear and wrai icam! tide to the Purchaser for all equipment, materials, road items f island in performance of this optimal, f and clear of any and all liens, mandamus. reservations, security interest encumbrance and claims o f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchmes directs the Seller an correct nonconforming or defective goods by a date to he agreed upon by the Purchaue and the Sella, and the Sella thereafter indicates its inability or unwillingness m comply, the Eurchmef may cause the work to he performed by the most expedition mean, available to it, and the Sella shall pay all tests aaxociated wish such work. The Sella shall release the Purchaser and its contraction of any tier from all liability and claims of any naure reaching from the performance ofsuch work. This release shall apply even in the went of fault of negligence of the parry released and shall extend to the directors, aRcal and employees ofsuch parry. The Sellces contractual obligations, molding warranty, shall not be deemed to be reduced, in any way, bazse such wort is performed Or caused to be performed by the Purchaser. 14. PATENTS. Wheneva the Sella is requited to use any design, device, material or process covered by letter, patent trademark Or Copyright the Sena shall indemnify and save hated. the Punches from any and all claims for infringement by mason of the use of such paternal design, device, material or prmess in coanafon with the contmct and shall indemnify, the Purchaser for any con, expense or damage which it may he obliged to pay by reason of such infringement at any time during time prosecution or after the completion of titre work. In use said equipment, or any pan thereof or the intended use of time goods, is in such suit held w comtimte infringement and the use of said equipment or pain is enjoined, the Sella shall, at its own expense and at its option, eith,, procure for the Particular the right to continue using said anagram or parrs, [¢plasm the same with substantially equal but noun fringing equipment, or modify it so it baomm noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receives or tnanee for any of the Sellers property m bsma ineso, this order y forthwith be angled by the Purchases without liability. 16. GOVERNING U.W. The definitions ofit. used or the interpretation ofibe agreement and the rights of all plows hereunder shall be ostmed under and governed by the laws of the Sore ofColondo, USA. The following Additional Conditions apply only in cans where the Sella ism perform work havorsta. including Me services of Sellers Ropromenative(s), on the premises ofothen. It. SELLERS RESPONSIBILITY. The Sella shall carry on said ..,it at Seller's awn risk wart the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work andior materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchses. When materials and equipment are f mished by others for installation or erection by the Sella, the Sella shall receive, unload, store and handle some at the site and become responsible therefor sa though such materials andim equipment were being famished by the Sella unit,, the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andku to their dependens in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, command and automobile public liability connote nter nwith bodily injury and death limits of at last 5300,000 for any one person $500,000 for any e accident and property, damage limit per accident of S400,000. The Seller shall likewise require his nntrames, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employces shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cemeoates shall apairy the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained anti[ after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmes the entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsoever to person or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and held harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may he put or subject by reason of my act, action, neglect, monistical or default on the part of the Seller, any influx commcmrs, or any of the Sellers or contractors officers, agents or employees. In cam my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any 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 expose, to pay any and all costs, charges, attomrys fees and offer expenses, any and all judgment Nat may be incurred by or obtained against the Purchase or any of its a they officers, agents or employees in such suits or other proceedings, and in use judgment or other lien be placed upon or obtained against Me property of the Purchaser, or said panic in or as a result ofsuch suits in other proceedings, the Sell. will an once cruse Me same m be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall coke all safety, precmtiara, mouth and team[] all guards neecssary for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all cola and regulations dosed pursuant Made. Revised 072014