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HomeMy WebLinkAbout212133 PORT CITY PIPE INC - PURCHASE ORDER - 9111947PURCHASE ORDER PO Number Page City Of 9111947 1 of z `t Coll` I n �+ This number must appear J on all invoices, packing slips and labels. Date: 04/07/2011 Vendor: 212133 Ship To: STREETS DEPARTMENT PORT CITY PIPE INC CITY OF FORT COLLINS PO BOX 850356 625 NINTH STREET MOBILE Alabama 36685 FORT COLLINS Colorado 80524 Delivery Date: 04/07/2011 Buyer: JOHN STEPHEN 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 MANHOLE RISERS 1 LOT LS 10,000.00 Total $10,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Foil Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rcmmed to you for credit and arc not to be replaced except upon receipl of wrinen instructions from the City of Fort Collins, Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights ar remedies provided herein or by law, failure to promptly notify the Seller in the event or n breach, the acceptance ofor payment for goods hereunder or appmvn] of the design, shall not release the Seller Of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herenfor any of its rights or rcmcdics as to any such goods, regerdlas of when shipped, received or accepted, as to any prior Or subsequent defnull hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the tools 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 Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front nntitmsl ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurcs. violations arc in fact boom by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase .Met. the Seller hereby assigns to the Purchaser any and all claims it may amv have Or hereafter Freight Terms. Shipments most be F.O.B.. City of Fon Collins, 700 Wood St., Fon Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or .services othersv'ise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturcrs have distributing points in various parts of the country, shipment is Ifthe Purchnscr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be Perforated by the most expeditious means mzilahle to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers silly cost all necessary permits, certificates and licenses required by all ,applicable laws, regulations, ordinances and rules of the state. municipality, tcniumv or political subdivision whom the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller further agrees to hold the City of Fort Collins harmless 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. Authoritarian. All parties to this contract agree that the representatives arc, in fact. bona Fide and possess fill] and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fault and any supplementary or additional terns and conditions annexed hereto Or incorporated herein by reference. Any additional indifferent terms and conditions pmposcd by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is critic essence Delivery and performance must be elected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance offartial late deliveries, shall operate as a waiver of this provision, In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplacing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for (]images is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcnee. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. Food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, 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 Icons of any applicable wanamy provided by the Seller a er the date of acceptance critic goods furnished hereunder (acceptance not to be unreasonably delayed). resulting point imperfect or defective work done or materials famished by the Seller. Acceptance or use of gunds by the Purchaser shall not consulate a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of say of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss cruse. 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 written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the femme Other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change Order. If any such change affects the amount due orthe time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment bctwcen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oil the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Pumhaeror the Seller crafty ftheir obligations as to any goods dclivercd hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulmions required to be incorporated in agreements ofthis character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as 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 become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in Performance of this agreement, free and clear of any and all liens. rcsrfctions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and quints of nay nature resulting from the penbrmunce of such work, This release shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be (educed, in any way, because such wark is performed or caused to be perfomted by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design. device, material or princess covered by letter, patent, trademark or copyright the Seller shall indemnify and save 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 o ith the contract and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the nark. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and m its option, either procure for life Purchaser the right to continue using said equipment or pans, replace the same with substantially equal hilt noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temts used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Reprcsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcfs own risk until the same is rally completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final conlplaion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchnscr. When materials and equipment arc furnished by mhos for installation or erection by the Seller the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or cquipnwnt were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own 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. and/or to their dependents in accordance with the laws of the state in which the work ism be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcmh limits of at least $300.000 for any one person. 5500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if oily, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Scllcr shall Finnish the Purchaser with a ccnificam that such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insumnec have been provided. Such cer itieates shall specify the date when such compensation and insurance expires. [lie Seller agrees that such compens pion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respsmsibility, and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the executinn fthe .work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims losses. damages. charges or expenses, whether direct or indirect. and ,Incliner to persons or pmffny' to which the Purchaser may be put or subject by reason array act, action, neglect. omission or default on the pan of the Seller. tiny of his contractors, or any of the Sellers or contractors afters, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees 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 any of its or their officers, agents or employees its, aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, 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 Purchnscr or any of its or their oRecm, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other pmccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors skull take all safety precautions. firmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Ilealth Act of 1970 and all miss and regulations issued pursuant therein. Revised 03/2010