HomeMy WebLinkAbout277522 CED FORT COLLINS - PURCHASE ORDER - 9150553City of
FF6rt Collins
Date: 01/23/2015
Vendor: 277522
CED FORT COLLINS
PO BOX 1516
1717 HEATH PARKWAY
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9150553 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 01/22/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 2015 Blanket acct/18E Sup's
1 LOT LS
5,000.00
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
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
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. COMMERCIAL DETAILS.
Tax exemptions. By resume the City of Fort Collins is exempt from store and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-600o587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Interval Revenue, Denver, Colorado (Ref. Colomda Revisal Sodium 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 ofor payment for goods hereafter or approval of the design, shall not relex the Seller of
Goods Rejected. GOODS REJECTED due to failure ro meeupecifcations, eiher when shipped or due to defects of
any of the wammdis or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in ddmit, may be tetumed to you for credit and are not to be mulaced except upon receipt of written
parchaser to insist upon strict pert once screofor any refits rights or remedies m to any such goods, regardless
mountains from fie City of Fan Collins.
of when shipped, received or accepted, as to any prior or fir Import, Emuh hereuMer, nut shall my p"nal
oral modifimtion or sracissian of this purchase order by the Purchaser operate as a waiver of any of the mans
Inspecting. GOODS are subject to the City of Fan Collins inspection on amval.
hereof.
Final Acceptance. Receipt of the cardboards., arnica or tyuipmmt in crsponse to this ardor can esuh in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
amhoriaed paymert an the part of the City of Fort Collins. However, it is to br understood but FINAL
Sella am the Puchma rmognix that in actual m is practice, overcharges reaching from antitrust
ACCEPTANCE is dependent upon completion ofall applicable requited inspection procedures.
vlolatioa me in fact Same by fihTh e Purcaser. eretofors ,for good eatex and as consideration for executing this
purchase order, the Seller hereby msigm to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments mat to, F.O.D., City of Fog Collins, 700 Wood St., Fog Collins, CO 80522, unless
arquixd under federal m state reduced laws for such overcharges relating to the particular goods or services
ofetwise specified on this order. Upermission is given To prepay freight and charge seer amly, fie original fright
purchased or acquired by the Purchaser pursuant to this purchax order.
bill must accompany invoice Additional charges for Parking will not be, aceepred.
Shipment Distance. Where ...fact.. have distributing points in carious pans of be country, shipment is
expected from be nearrsl distribution point Iw destination, and amass f d ho will be deducted from Invoice when
shipmrnu are made from greater distance.
Permies. Sella shall procure at idlers sole cat all necessary permits, certificates tom licenses requirai by all
applicable laws, regulations, ordinances and toles of the stoic municipality, aarimry or Political subdivision where
be work is performed, err required by any other duly constituted public authority havingpinsdiction over be work
of vendor. Seller fabler agrees to hold the City of Pon Collins harmless from and against all liability and for
incurred by them by reason of an arsened or established violation of my such laws, regulations, subsumes, toles
and amarsa ores.
Automation. All parties to this contract ogrce that be represenlatives are, in fact, bona fide and possess full and
complete authority to bind said patties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein sea forth and any srpplemernary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tears and conditions pmpaed by seller ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immrdiately ifyou cannot make complete shipment to arrive on you,
promised delivery date as noted, One is of the assort. Other, and pmformance must be effected within the time
stated on the purchase order and the docunmok attached hereto. No acts of doe Purchasers including, wlthom
limitation, acceptance of partial hoc 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 rumble remedies, the option of placing this aide, elsewhere
and holding the Seller liable for damages. however, the Seller shall not be liable for damages m a result of delays
due to causes not reasonably forcsta ble which are beyond its reasonable control and without its fault of negligence,
such acts of God, was ofcivil or military authorities, govermmental priorities, fires, strikes, flood, epidemics, wars ar
,lots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of be
lime when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for ode period egml to fie time actor lly 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
showings, specifications, samples -Noe other description given, will be fit fro be purposes intended, and
Parforated with the highest degree of care and competentt in accordance with accepted standard for work or a
milar more. The Seller agrees to hold fie purrime, harmless from any loss, damage or expence warm the
Pachaser may suffer m incur on account ofthe Sellers breach of watmnty. The Seller shall replace, repair or make
goad, without cost to fie purchaser, my defects or faults arising within one (1) year or within mch longer period of
time as guy br prescribed by law or by the terms of my applicable warmnry provided by be Sella ads the date of
acttprmrce of be goods rumished hereunder fragmmce not to be, umcamreSly delayed), resulting from impaf er
or defemve work dare or materials f ishrd by the Seller. Acceptance or sure of good by the Purchaser shall not
combine e a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, be Sellers
liability hereunder shall extend to all damages Immaturely aturely tattered by the breach of my of the foregoing warranties
m gramgtres, but such liability shall in no event include lass of profits or loss of tax. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may rake changes to legal terms by wrigen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal terms, including addition to or deletion from
be enmities onginally ordered in the speeifcaniom or drawings, by verbal ar written change order. If any such
change affects be mount due or the time ofperformance hereunto, an equitable edjatment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change aides, terminate this agreement as to any or all panimrs of the
goods then not shipped, subject to any equitable adjustment between be panic as to any work or materiah then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplaed
Portion offs goods dollar work, for incidental or consrqurrand damage,, and that no such afrogr errt be made in
favor of be Seller with respect to any good which are the Sellers standard stack. No such termination shall relieve
the Purchaser or be Seller of any of their obligation m to any goods delivered haeanda.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be essmed within thirty (30) days farm the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall love been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be requital to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby smorpomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harraless from oil cask and damages suRered by the Purchaser m is result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due heremder without the
prior written cogent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unravicted title to the Purchaser for all equipment, materials, and items famished
in furthermore of this agreement, face and clear of my and all liens, restrictions, reservations, security interest
encumbrances sad claims Ifothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to mncct noncobgraing or defective goods by a date to To agreed upon by fie
Purchaser and fie Seller, mad be Seller thereafter irtdiata its nubility or unwillingness to comply, be Purchaser
may cause be work to be performed by be most expeditious merge, available to it, and the Seller shall pay all
cats maowu ed with such work.
The Seller shall relase the Purchaser and its contractors of any tire from all liability end claims of any vamre
mashing tom he pert ante ofsuch weak.
This release shall apply even in the event of fault of negligence of the party seleasm and shall extend to the
direcfm, officers and employees of such party.
The Seller's commercial obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is pert amN or mused on be performed byline Purchaser.
14. PATENTS.
Whenever be Seller is required m use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaa from any and all claims for infringement
by come of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Prrchow, For any cent, expense or damage which it may be obliged as pay by reamn of arch
afrngemenl at any time during the proman w. or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its awn expanse 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
comedienne equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If be Seller shall Same inimical or bankrupt, make an assignment for the benefit of creditors, appoint is
receiver or tmstee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterrm used or the interyrthition ofthe agreement and the sights of all parties hereunder shall b,
construed coda and gmerged by the laws of the State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work brrtuttto,
including be xrvicer of Sellers Represenhidivold, on the premises ofothers.
17, SELLERS RESPONSIBILITY.
The Seller shall tarry on said wok at S<Ilers wart risk ..,it fie same is fully completed and accepted, and shall,
an case of any accident, destruction or injury w the work and/or materials before Sellers fund completion and
accep., emblem the weak or Seller own expense and to the satisfaction of fie Purchaser. When materials
and equipment art fijdmdd by others far iatallatian or erection by the Sella, be Sella shall receive, enlad
store and harMle same at be, site aod become tespomible therefor m Haugh such matemods mNm components
were bring finished by the Sella under be order.
18.INSUIG NCE.
The Sella shall, al his own experne, provide for be payment of workers compamatim, including oragrad girl
remove bmefk, to to employees employed on or in connection with be weak covered by this purchase order,
and/or to their dependents in accordance with be laws of the shim in which the wok is to be done. The Seller
shall also warty, comprehensive general liability including, but not limited to, fUndacroel and automobile public
liability muance wit bodily injury and damn limits of at leaert S30k," for my one perm, $500,000 for any
naccident and property damage limit per accident of S400,0l The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premiss of others, the Sella shall famish the Purchaser with a manicure
that such compensation and imumnce have ban provided. Such cer iaates small specify fie date when such
compenmfion and insurance have been provided. Such cenifmtes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until once be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assuma the entire mpaaibiliry and liability far any and all damage loss or injury fany kind
or nature whatsoever to Persons or property caused by or resulting from the execution of be work provided for in
this purchau order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers oRcas, agents and employees from and against my and all claims, lases, drmagm ,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on fie pan of the Seller, any of his
contractors, or any of the Sellers or ontractors Officers, agents or employees. In case any Said or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reamn of my act, action, neglecd, omission or default of the Seller of any of his conductors or any of its or
their officers, agents or employees as thousid she Seller hereby agrees to assume the defense thereof and to
defend be same at the Sellers awn expense, to pay any and al I costs, charges, attorneys has and offer expenses,
any and all judgmem that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or office proceedings, all in case judgment or office lien be, placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result msuch suits or other proceedings,
be Sella will an once muse the come to be dissolved and discharged by giving bond or otherwise. The Seller and
his contactors shall take all safety precautions, furnish and iatall all guards necessary for be prevention of
accidents, comply with all laws and regulations wish regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all toles and regulations immxI Famous thereto.
Revised 07nO14