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HomeMy WebLinkAbout205020 LARIMER WELD WATER ISSUES GROUP - PURCHASE ORDER - 2208594do City of Port Collins Page Nu 1 City of Fort Collins Date: 12/18/02 Purchase Order Number: 2208594 Delivery Date: 12/17/02 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Oty/Units Description Extended Price 2003 contribution Total This order Is rkthalid over $2000 unless signed by James B. O'Neill ll, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6776 Fax: 970-221.6707 Email: info@ci.fort-ooIIIns.co.us 7,500.00 7,500.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenn and Condition 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of Fat Collins Accounting Division PG. Box 590 Fast Collins, CO 80522 Tex exemptions. By serum the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 984r4502. Federal Exdss Tax Exemption Canificam of Registry 84-6100587 is registered with the Collector of Internal Revence, Drava, Colorado (Ref Colorado Revised Sertums 1973, Chapter 39-26, 114 (a). Goode Rejected. GOODS RRIECTED due m failure to meer specifications, either when shipped or due to &fare Of damage in transit. may be seemed to you f credit and are not to be replaced except upon receipt of written instructions from the City of Pon Collins. Wpection. GOODS am mbjat to the City of Fro Collins inspection on snivel. Final Acceptame. Romptadds. mcmhand'i m services toeququen, in mponue m this under eon result in on un ixed payment on the part of the City of Fort Collins, However, it is to be undenmod that FINAL ACCEPTANCE is dependent upsm compleion of all applicable required inspection premiums, Freight Terms. Shipments mart be F.O.B., City of Fort Collim, ]W Wood St., Pon Collins, CO 90522, unless otherwise specified m this miss. Ifpamission is given to prepay freight and charge separately, the original freight hill most ammepany invoice. Additional charges for packing will not be accepted. Shipment Dletance. Where manufactures have distributing Points in Anions pans of the country, shipment is expected from the nearest distribution point to destination, and =am freight will be deducted from Invoice when shipments are made from greater &Am.. Permlrs. Sella shall prmum at seller ➢-I- con 91 necessary, permits, certificates and licenses required by all applicable laws, regulations, asdimems and rules ofthe stare, municipality, territory or political subdivision where the work se performed, or required by MY when duly cowtiuted public authority having junsdiaim over the work of vendor. Sella further agmnts to hold the City of Fort Collins hamdess from and against all liability and loss incurred by than by reason of an asserted or established violation of any each laws, regulations, ordinances, rules and requirement. Authorisation. All Parties re thu contract agree that the representatives am, in fact, bona fide and pmsese full and complete authority to bind said Farris. LIMITATION OF TERMS. This Purchase Did. expressly times aaeposece to the terns and machines soled herein act forth and any supplementary or addifionul tams ad condifiors amexed hereto or incorporated harem by reference, Any additional or different lams and conditions proposed by seller are objeted to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you re neat make complete shipment to arrive on your premised delivery den as naed 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 ants of the Purchasers including, without limirmim, acceptance ofpartial lee delivvies, dull aperae az awulva of Nis provision. In the event afany delay, the Purchaser shall have, is addition to after legal and equitable mmdise, the optm of plating this ado elsewhere and holding the Sella liable for damages. Howeva, the Sella shall not be liable for damages as a result of delays due to toes rat reasonably Consumable which are beyond is reasonable control and without its fault of negligenm, such acts of God, was of civil or military authorities, govemmeaal piorities, fires, strikes, flood, apt dean or, was or rigs provided that notice Of the conditions tensing such delay is given to the Pachaa within five (5) days of the time when the Sella Rim remival knowledge thereof In the event of any such delay, the daze of delivery shall be amended fa the period equal m the tame actually lost by reason of the delay. 3. WARRANTY. The Sella waranas that all goods, articles, mammals and work covered by this order will conform with applicable drawings, apecificerims, samples mNm Other deecdpias given, will be fit for the purposes intended, and performed with the highest degree acare end competence in accordance with accepted smndards for work of a similes nature. The Sella agree to hold the purchaser harmless from any loss, daiagc a expense which the Purchaser may suffer or more on amount ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, anY deem, or faults ailing within one (1) year or within such longer period of time as may be presented by law or by the tons of sty applicable warranty povided by the Sella after the dam of acceptance of the goods furnished bereunder (acceptance not to be unreasonably delayed), resulting from imperfect or deftive wm), done or remains furnished by the Sella. Acceptance muse of goods by the Purchaser shell am covIntute a waives of any claim under this warranty. Except as otherwise Provided in this purchase Order, the Sellers liability hereunder shall extend to all danw w proximately caused by the brech of any of the foregoing warranties or Resonances, but such liability shall in no event include Ices ofprofit m loss of am NO H&PLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chengs to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaa maY make any cbages to the more, Mho then legal tm e, including sddifiom m m deletias fiom the qualities originally ordered in the specifications or dominge, by verbal Or written change order. If any such change effects the amount due or the time of performance hereander, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at my time by written change order, asmme, this a , mon, an many m all parries of the goads then not shipped, subject to my equitable adjustment between the patio as many work or materiels d m in Progress Provided that the Purchaser shall nM be liable fm my clams for anticipated profit on the uncompleted ponim ofthc goods and/or wmk fa incidental a consequential damages, and that no such adjustment be made in favor ofthe Sella with respect to any goods which are the Sellers standard stock. No such tmedvadm shell relieve the Purchaser or the Sella of my of their obligations as to any goods delivered hereunder. ], CLAIMS FOR ADIUSTMENT, My claim fa adjueonrnt moat be warted widen thirty (30) days from the dam the change or m adoofice is ordered, S. COMPLIANCE WITH LAW, The Sella warrens the all goods sold hereunder shall have berm produced, sold, delivered and famished In sunct compliance with all applicable laws and regulefiom to which the goods are subject. The Sella shall execute and deliver such documenas as may be required an effect m evidence compliance. All laws and regulaiors rmquired to he incomorazed in agmeanms ofthia chamber are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pmchsa hornless Gum all core and damages suffered by the Purchaser as a result of the Seller failure to comply with such low. 9, ASSIGNMENT. Neither parry shall site, traefa, m convey this ado, a mY moles due or to became due hereunder without the prior writs" convent of the otherpay, 10. TITLE. The Sella warranas fail, clear and m ostricted this to the Pachaea for all equipment naterias, and items famished in performance of this agreement free and clear of any and all liens, restricfione, resavader, , smanty interest oncumbrances and claims of others. 11. NONWAIVER. Failure of the Purchase to insist upon strict performance of the tees and conditions hereof, fsilum or delay to exercise any fights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment f goods hereunder or approval of the design, sbell nor release the Sella of any of the warranties or obligations of this parchase order and shall not be domed a waive of any right of the purchase to insist upon mict performance hamf or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, s to my prior or subse mot default hereunder, am shall any purported ON modification or raciesion of this purchase order by the Purchaser operate as a waiver of any of the tams hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual mmomic practice, machages resulting from anfitmst violations are in fax bone by the Purcbaar Thereof., her good cave and as considered. for aauring this purchase ceder, the Sella hereby assigns in the Purchase any and all dairra It may now, have or hereafter acquired under federal or state antitrust laws for such overcharges relating m the particular goods or services purchased or acquired by the Pambwor moment to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser trey cause the work to be prfamed by the =at expeditious mess available to it and the Sella shall pay all Cots ummued with such work. The Sella shall release the Purchma and its contractors of any Ina from all liability and claims of any nature resulting from the performance of such work. This release shill apply even in the event of fault of negligence ofthe party released and mail extend re the climates, oRcas and employees ofsuch party. The Sellers contracwal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Interment a caused to m performed by the Purchase. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lens, patent, trademark or copyright, the Sella shall indemnify and me hamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, devier, maenad or process in connection with the contract, and shall indemnify the Purchaser for any and, expense or damage which it may be obliged at pay by reason of such infringement at any time daring the prosecution m after the cumpletion ofthe work. In care said equipment or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the are of said equipment or pan is enjoined the Sella shall, at it own apense and a its option, ether procure fa the Purchaser the right to continue using read equipment or pats, replace the same with substantially equal but non-inf fi grog equipment, a modify it so it he oma non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt make m assignment for the benefit ofaedium, appoint a receive a make for any ofthe Seller property or business, this mda my forthwith be caraeled by the Prelmor without liability. 16. GOVERNINGLAW. The definitions of tams need or the interpretation of the agreement and the rights of all patties hereunder shall be consisted under and governed by the laws of the Sam of Colorado, USA. The fallowing Addimaal Condifiew apply rely incases where the Sella is to pert work heeunda, including the services of Sellers Romminsdive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk and] the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and accWtanec, complete the work a Sellers own expeare and to the satisfaction of fie Purchase. What unstable and equipment am fire ished by others for imusllaion or market by the Sella, the Sella shall receive, unload, state and handle sane a the site and become responsible therefor at though such materials and/or equipment was being famished by the Sella under the order. I8. INSURANCE, The Sella shall, az his own expense, provide for the paymens of workers compensation, including occupational disease benefits, to is employees employed an or in connection with the work covered by this purchase order, and/or to their deleterious in acadance with the laws of the state in which the work is to be done. The Sella shell Olson tarty comprehensive genmal liability including, but net limited to, antra h d end mtomobile public liability insurance wish bodily injury and death Tunis of a lead S300,0W for any one perm, S500,000 fa any me accident and property damage limit per incident of S40LDIN. The Sella shall likewise require his contractors, if any, to Provide fen such compensation and insaems, Before any of the Seller m his contractors employes shall do my work upon the Praise of arms, the Sella shill famish the Purchase with a certificate that such mo musion and insurance have berm provided. Such certificates shall specify the deco when such compensation and insurance have ban provided. Such certificates shall specify the dam when such compewation and insurance expires. The Seller Was that such compensation and insurance shall be maintained until oftr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby msumes the entim responsibility and liability fo my and all centralist, has or injury of any kind or nature whatmva to posom or properly caused by or resulting from the execution of the work Provided fa in this purchase order or in connection herewith. The Sella will indemnify and hold brooders the Parchaea and any or all of the Purcha a officers, agents and employees from and against my and all chime, lose, damages, charges or expenses, whether direct or indirect, and whether to parents a Property to which the Purchase may be put or subject by easm ofmy era, nctim, neglect, omission or def It on the In of the Seiler any of his comment,a any ofthe Seller or cart earns officers, awns or employes, In case any suit or other proceedings shell Im brought worst the Purchaser, or is officer, agents or employes at any time on incount or by reason of any act. wader, neglect, nowt ins or default ofthe Sella of any of his contr rms, Or my of is or thew office, ages o employees a aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Seller own manse, to pay my and call costa, charges, attorneys fees and other exposes, any and call judgments that may be imared by or obtained against the Purchea or any of is or their officers, Meant or emplayee in such its or other proceedings, and in case judgment or other lien be placed upon as obtained Moral the Property of the Furtherer, or said pa des in Or as a result of such mis or mar proceedings, the Sella will a once cause the same le be dissolved ad discharged by giving bond or otHawise. The Sella and his cmtrinlas shall take all safety passions, furnish and install all guada necestary fun she prove bee Of men arse, comply with all laws and regujume with regard or safety including, but without limiertim, the Occupational Safety and Health Act of 1970 and all rules and regulations insured pursuant thereto. Revved 11/9