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HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 9111362PURCHASE ORDER PO Number Page City of 9111362 ' of z Collins This number must appear on all invoices, packing slips and labels. Date: 03/07/2011 Vendor: 289879 UNITED MAILING 4221-B S MASON ST FORT COLLINS Colorado 80525-5964 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/0712011 Buyer: OPAL DICK N ote Line Description Quantity UOM Unit Price Extended Ordered Price POSTAGE & FREIGHT SERVICES 1 LOT LS 10,148.00 5734 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 $10,148.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tanis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tits esempticas. By statute the City of Fon Collins is exempt (rem state and local taxes. Our Exemption Number is 11, NONWAIV ER. 98-04502. Federal Eacisc Tan Exemption Certificate of Registry 846O005R7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure car delay m Internal Revenue Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by lase, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not ndease the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped For due to defects of any of the wamnties or obligations of this purchase order and shall not be theories] a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wriner, purchaser to insist upon strict performance hercofor any of its rights or remedies as m em.such goods, mgmidlcss insnuetienx fmm the City of Fart Collins. of when shipped, received car accepted. as In any prior or subsequent default hereunder, nor shall any purpromd oral mudifiealion or rcwissim, of this purchase order by the Purchaser operetc as a waiver of any of the tcws Inspection. GOODS arc subject to the City of Fart Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However. it is to be understood that FINAL Seller and life Purchaser recognize ihnl in count economic practice, overcharges resulting from intimnt ACCEPTANCE is dependent upon completion ofall applicable required inspection'mecdures. violations arc in fact home by the Purchaser. Theretofore, for 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 Terms. Shipments must be F.O.R.. City of Fort Collins, 700 We.] Sr, Fort Collins, CO 90522. unless acquired under federal or State antitrust Imvs for such overcharges relating to the particular funds or sFrriFa, othcmise specified on this order. If permission is given to prepay freight and charge sepemtely, rife original freight purchased Or acquired by the purchaser pursuant to this purchnsc order. bill must aemmpny invoice. Additinnal charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannfacturcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller In correct nmeonfomming or defective gmds by a dart to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perfommd by the most expeditious means available to it, and the Scllcr shall pay all costs,"n,micd with such work. Pcrmis. Seiler shall procure at sellers sole cast all necessary pemtits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction aver the work of vender. Seiler further agrees to hold the City of Fort Collins fairness, fmm and agninst all liability and loss incurred by them by reason of an steamed or established violation of any such laws. reputations. ordinances, riles and requirements, Autumantion. All parties to this contract agree that the rcprcsentatives arc. in fact, barn fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order csprccly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmu and eunditions annexed hcrctn to incorporated herein by reference. Any additional or different tans and conditions proposed by seller arc obieeted to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance most he effected within the lime slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial laic deliveries, shalt operate ris a waiver of this pmvisien. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsacherc and holding the Seller liable for damages However, the Scllcr shall not be liable for danrogcS as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its Ludt of negligence, such acts of God, acts of civil or military nutheritics, governmental priorities fires, strikes. flood, epidemics, wars or tints provided that notice of the conditions causing such delay is given to fire Purchaser within five (5) days of life time when the Seller first received knowledge thereof In the event crafty Such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order mill amfomm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compefenec in accordance with accepted standards for work of a Similar nature. The Seller agrees to hold the Purchaser harmless front any loss, damage For expense which the Purchascr may suffer ar incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the purchaser. any defects of faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty pmvided by the Set let after the date of acceptance of the goods furnished hercunda (acceptance not to be unreasonably delayed), resulting fecal imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall nor coast item a waiver of any claim under this warranty. Except as aherwise provided in lb is purchase order, the Sellers liability hereunder shall existed to all damages prosimamly caused by the breach of any of the foregoing warranties or guarantees, but such linbi liry shall in no event include Ie< of pro fits or Inca crew. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addirines to or deletions from the quami Iic, nr',ginaIIy ordered in the s,w6ficaiafix or drawings. by verhal car written change order. If mry such change affects the amount due or the time ofperfer mance hereunder, an equitable adjustment Shall be node. S.TERMINATIONS. The Purchaser may at any time by wrincn change order. tcmminatc this agreement as to any or all ponions of the gmds then Of shipped subject to any equitable adjustment between the panics a, to any work err materials then in progress provided that the Purchaser shall not be liable for any claims for antieipled profits can the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in (aver of the Seller .with respcet to any good ,which arc the Sellers standard stock. No such tercomntion 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 wsscncd within thirty (30) days from the date the change or termination is Ordered. R. COMPLIANCE WITH LAW. The Seller warrans that all goods Sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchascr harmless front all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lam. 9. ASSIGNMENT. Neither party shall assign, transfer. or conmcy this order, or any monies due or to become due hereunder without the prior written consent ofthc other party. 10. TITLE. The Seller warrants full, clear and tomestriocd till, to the Purchaser for all equipment, materials, and hems fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations. Security interest encumbrances and claims ofothcrs. The Scllcr shall release the Purchaser and its contractors of any licr From all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officersand employees ofsueh party. The Sellers contractual nbligminn, including wrrimy, shall not be deemed to be reduced, in any may. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process Sneered by letter, patent trademark or copyright, the Seller shall indemnify and sate harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device material or process in connection milli the contract and shall indemnify the Prnchaser for any cost expense or damage which it may be obliged to pay by reason nFsuch infringement at any time during life prosecution or after the completion of the work. In case said equipncnt or any part thereof or the intended use of the goods, is in such Suit held to constitute infringement mad the use of said equiPnrenf err pan is enjoined, life Seller shall, of its own "'case and a its option, cithcr procure Inv the Purchaser the right to contimac using Said equipment or pans, replace the sonic with substmatially equal but nuninfringing equipment, or modify it Se it hecmnes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hanknmq make can assignment for the beri of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcma used or the interpretation rufl a agreement and the rights ofall parties hersndcr shall be construed under and governed by the lams critic Slate of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform mnrk hereunder. including the services of Scllcrs Represcourfmc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seler's own risk until the roc is fully complmcd and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Shccr's final completion and acceptance, complete the work al Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, ,lore and handle same al the site and become respnnsible therefor as though such materials and/car equipnent were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide For the payment of markers compensation, including occupational discase benefits to its anployces erupleycd on or in connection with the work mveml by Ihis purchase order. mad/or to their dependents in reconloncc will, the laws of the state in which the rwrk is to be dene. The Seller slmll calm carry eonaprelmOSivc general liability including, but not limited to. eontmetOM and automobile public liability insurance with hnlily injury nits] dead, Iimns of at leas) 5300,000 for any one person, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seiler shall likewise require his contractors. if any, to provide for such compensation sation and insurance. Before any critic Sellers or his enmmoer, employees shall do any work upon the premises ofuthers, the Seller shall Finnish the Purchaser with a ecnifiemc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvided. Such ecnificates shall specify the date when such emnpencstion and insurance expires The Seller agrees that such crnnpensntion and insurance shall be maintained until after the entire swrk is mmplcted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility cad liability for any and all damage. loss car injury ermay kind or cou"a whatsoever to renames or property caused by or resulting from the csecmion of the work provided for in ibis purchase under or in connection herewith. The Seller mill indemnify and hold fireless the Purchaser and any or all of life Purchasers effects. agents and employees From and against any and all claims. losses, damages. charges or expenses, whether direct or indirect, and whcrher to persons Or progeny to which life Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller. any of his contractors or any of the Sellers or contractors officers. agents or employes. In case any suit or other proceedings shall be bought against the Purchaser. or it, off eers, crews or employees at any time On neeutnn Or by reason of wry act action, neglect, nmission or default of the Seller of any of his contractors or any of its or their officers, agent or employees as nforesoid, the Scllcr hereby agrees to assume the defense Ihemof and to deltud the same cat the Sellers own expense, to pay any and all costs, charges, attorneys fees nod other expenses. any and all judgments that nmny be incurred by or obtained against the Purchaser or any Of its or their oRcers, agents or cntployces iu such suits or other proceedings, and in cost judgment or other lien be placed upon or Obtained against the property of the Purchascr, or said panics in or as a result of slch suits or other proceedings. the Seller will an once cause tare smile In be'If"olmed and discharged by riving bund Or olbcnvisc..'tic Seller and his contractors shall take all safety pumnotions, furnish and install all goards necessary for the prevention of accidents, corepdy milli all lams fit([ regulations with regard to safety including. but mithout limitation, the Oeeupatiomal Safcty and Health Act of 1970 and all rides and regulations issued pursuant thereto. Revised 03/2010