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HomeMy WebLinkAbout471324 ALPINE WORKS INC - PURCHASE ORDER - 3211339PURCHASE ORDER PO Number Page City Of 3211339 ' of z `t Collins OI l' n C This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 03/02/2011 Vendor: 471324 Ship To: WATER UTILITIES ALPINE WORKS INC CITY OF FORT COLLINS PO BOX 1936 700 WOOD ST FORT COLLINS Colorado 80522-1936 FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Buyer: OPAL DICK 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 Ordered Extended Price 2011 ANNUAL BLANKET ORDER 1 LOT LS 5,000.00 2011 ANNUAL BLANKET ORDER 0�� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 $5.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TcnI1S and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions, BY statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-114502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered With the Collector of Failure of the Purchaser to insist upon strict performance of the barns and conditions hereof, failure or delay to Internal Revenue. Dcmcr. Colorado (Rcf. Colorado Revised Starnes 1973. Chapter 19.26, 114 (a). exercise any rights or remedies Provided herein or by lacy, failure to promptly notify the Set let in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due 10 failure to meet speci fieations, either when shipped or due to defects of any of the wammics or abligat ions Of III is pnrchnsc order and shall not be dccmcd a waiver of any right of the damage in transit, ma, be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as In any such gmds, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hercu fact, nor shall any purported call and i fi cation or rose ixsien of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Two Collins. However it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from nmitmst ACCEPTANCE is dependent upon completion of all applicable required inspection pmccalnres. violations arc in fact borne by the Purchnscr. Thcrenfore, for good cause and is considcarion f r executing Ibis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrenner Freight Terms. Shipments must be F.O.D., City of Fort Collins. 700 Wood St., For: Collins CO 90522, unless acquired under federal or state antimat Imes fnr such overcharges renting to the particular goods or services m er-wisc specified on this onlet. If permission is given to prepay freight and charge scpnrntdy. the original freight purchased or ncgaired by the Purchnscr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will ant be accepted. 3. PURCHASERS PERFORMANCE OF SF1JXRS ODIAGATIONS. Shipment Distance, Where manufacturers have distributing points in various pars of thI e country, shipment is f the Purchnscr directs the Seller to correct nonconforming or defective goods by a dote to he agreed npon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therciTcr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cane the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall proenre at sellers sole cost all necessary permits, certificaes and licenses required by all applicable laws, regulations. ordinances and talcs of the state, municipality. territory or political subdivision "here the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, mlcs and requirements. Authorwation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tcros and conditions pmposed by seller are objected too ad hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive can your promised delivery date as noted. Time is of the essence. Delivery and perfomtancc must be effected Within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate is a waiver unfurl provision. In the event of any delay, the Purchnscr shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Scllcr liable for damages. Honevcr. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable Which arc beyond its reasonable control and Willmut its fanll of negligence. such acts of God. acts ofcivil or military mmhodtics, govcmmcntal priorities, fires, strikes, nerd, c1pidcmic . wars or riots provided that notice of the conditions causing such delay is given In the Puehascr within Fret (5) days of the time when the Seller first received knowledge thereof. In the clear of any such delay, lte date of ddivery shall be extended for the Period equal to the fractionally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will confront With applicable drawings, specifications, samples and/or other descriptions given. will be fit for life purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from mr, loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofoaranty. The Scllcr shall replace, repair or make good. without test to the Purchnscr, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wmmnty provided by the Seller after the date of acceptance of file grads famished hercundct (acceptance net to be unreasonably delayed), resulting from imperfect or defective work done of materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver ofany claim under this wmmnty. Except as othernise pm'ided in this purchase order. the Sellers liability hereunder shall extend fail]] damages proximately caused by the breach of any of the foregoing evormnties or guarantees. but .such liability shall in no event include loss of pmfils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchnscr may make changes to legal temu by written change order. S. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or (frictions final the quantities originally ordered in the specifications or drawings, by verbal or written chnngc order, If any such change affects the ammat due or the time ofperfo nalacc hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may cat any time by a itten change order, terminate this agreement as to any or all portions of the goods Then not shipped, subject to any equitable adjustment between the panics is in any Work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfutx on the uncompleted portion of the goods, and/or work, for incidental or consequential damages, and that no such adjustment be made in faro, of the Seller with respect to any good which am the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change of temination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have 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 required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement; of this character ire hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamdcss from all costs and damages suffered by the Purchaser is a result of the Scllcrs failure to comply with rich Inv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or In become dne hereunder with cad the pear written consent of the other parry. 10. TITLE. The Seller warms full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in Performance of this agreement. free and clear of any and all liens, restrictions. reservations. security interest encumbrances and claims of others. The Seller shall release the Purcllascr and its contractors of any tier form all liability and claims of any crime resulting front the Performance of such work. This relcace shall apply ewen in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Shccfs cnntmetnal obligations, including warnnry, shall not he declared in be reduced, in any way, because such work is performed or caused to be perfonacd by the Purchaser. 14. PATENTS. %Vhcnevcr the Seller is required to use any design, device, material or pmcess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement be reason of the use of such patented design, device, material or pmcess in connection wall the contract and shall indemnify the Purchaser for any cost. expense Or damage which it mile be obliged to pay by reason ofsuch infringement at any time dining file prosecution or after the completion ofthe Work. in case said equipment Or any pan thcrenf or the intended use of the goods, is in such suit held to constitute in Gingcnent and the use of said equipment of part is enjoined, the Scllcr shall, at its own expense and at its option, either Proeurc for the Purchnscr, the right to continue o,Sing said equipment or parts, rcpincc the same with substantially equal but noninfringiag equipment. or ondify it so it beconms noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bnnkmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs Property or business, ill is order may forthax uh be canceled by the Purchaser without linhi lit,. 16. GOVERNING LAW. The definitions of terms used or tie interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The folloevine Additinnal Conditions apply only in cases where the Seller is to Perform work hereunder. including the services of Scllcrs Rcpmsentill"c s), no the Premises nfolhirs. 17. SELLERS RESPONSIHILDY. The Seller shall carry on said work at Seller's own risk until the same is filly completed and accepted, and shall. in case of any accident. destruction or injury, to the work andlOr materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of life Pnrchnwr. When materials and equipment arc famished by others for installation or erection by the Scllcr, the Seller shall receive, unload. stare and handle more at the site and become responsible therefor is though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its emmployees employed al or in connection with the work covered by Ibis Purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is In he done 'file Seller shall also carry comprehensive general liability including, but not limited In, contractual and automobile public liability insurance with holily injury and death limits of at least S300,MO for any one person. S500.000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Debate any of tlIC SCnCrs or his contractors employees shall do any work upon tine pmmims ofobers, the Seller shall famish the Purchnscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify file date when such compensation and insurance have been pmvidcd, Such certificates shall specify the date when such compensation and insurance expires. The Scllcr ngrccs that such compensation and insurance .shall be maintained and after the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or naive whatsocrcr to persons or property caused by or resulting from the execution of the work Provided for in this purchase order or in connection herewith. The Seller Will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers. agents and cnmlovccs from and against any and all claims, losses, damages. 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 nay act, action. neglect omission or default on the pat of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees, In ease any suit or other pace dings shall be brought against the Purchaser, or its officers, agents or employees many time on acenunt or by reason of any net. action, neglect, omission or default of the Seller of any of his contmctms or any of its or the it of0 cers, agents or employees as nfnesa id, the Scllet hereby agrees to awnne the defense Iheart, f and to defend the mnmc at the Scllcrs tarn ccpcnsc, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Pnalhuscr or any of its or their officers, agents or employees in sloth .Stills or other pmwnlings, and in ease judgment or other lien be placed open or obtained against the property of Ibc Rvchiser. or said panics in or is a resalt ofsuch .suits or other proceedings, the Seller will at once cause the sane to be dissolved and discharged by giving bond or otheollw. The Seller and his contmmnrs shall take all .safety preciu6ons, banish and install ill guards necessay for the prevention of accidents. comply with all laws and regulations With regard to safety including, bill without limimlial, the Occupational Safety and Health Act of 1970 and all odes and mireirtions issued pursuant therem. Revised 01/2010