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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANESOUS - PURCHASE ORDER - 9112460PO PURCHASE ORDER 911246er Page City of PURCHASE 9112460 1 of 2 ' `t Collins Isolhipia; number must appear ` ` �7 ll invoices, packing and labels. Date: 04/29/2011 Vendor: 103941 Ship To: NATURAL RESOURCES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS " CIS " 200 W. MOUNTAIN FORT COLLINS Colorado 80521 Delivery Date: 04/29/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 Raw Water Charges 1 LOT LS 7,410.84 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill It, 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 $7,410.84 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 from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0a502. Federal Excise Tax Exemption Certificate of Registry R41-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomanec of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Starnes 073. Chapter 39-26. 114 far exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of o breach, the acceptance of or payment for good hereunder or approval ofthe Aesig.. shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Transit, may be mummer to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins of when shipped. received or accepted. as to any prior or subsequent default hereunder, nor shall any purponM am1 mrdifk:f ion nr mwissum of this purchase order by the Purchaser operate as a waiver of any of the more; Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Rcccipt of the merchandise, services or equipment in response to this order can result in 12. ASS IG N M ENT OF A NTITR UST CLA TM S. aulhorized payment on the pan of the City of Fort Collins. Hnweveq it is to he understood that FINAL. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. viola11011S ore in fact borne by the Purchaser. Theretofore, for good cause and as considemlion for executing this pmchnse nrdcr, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments most be EO.B.. City of Fort Collins, 700 Wood Si_ Pon Collins. CO 90522. unless acqu irM tinder federal or state antitrust laws for such overcharges rclal i ng to the particular goods or services otherwise specified on this order. If p rain fission is given to prepay freight and charge separately, the original freight purchased or nequ i red by the Purchaser pursuant to this purchase Orticr. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the unrest distribution point to destination, and excess freight will be deducted form Invoice when shipments am made from greater distance Pemits. Seller shall procure at sellers sole cost all necessary permits certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Four 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, rules and ox,mo ments. Authorization. All panics to this contract agree that the representatives arc, in fact, boon fide and possess full and complete authority to hind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional ordifferent tams and conditions proposed 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 of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents a0ached hereto. No acts of the Purchasers including, without limitation, aceepmnea of partial late 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 equitable remedies, the Option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes Rood, 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 of any such delay, the date of delivery shall be extended for the mind equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnta 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 ham from any loss, damage or expense which the Purchaser mov coffer or incur on account of the Scllcrs breach of wamnty. The Scllcr shall replace, repair or make grad. without cost to the purchaser, any defects or faults arising within one (I I year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hocunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goods by the Purchaser shnll not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this parchasc order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of ony of the foregoing wamtwics or guemntces, but such liability shall in no event include loss ofprofits or loss prose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE, SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal m= by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal temrs, including additions to or deletions four the quantities originally Ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperformance hncunder, tin equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written 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 as to any work or matoials then in proucss provided that the Purchaser shall not be liable for any claims for anticipated Parini on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and That no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such Termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods dclivcred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the date the change or termination is orlcrcd. R. COMPLIANCE WITTI LAW. The Seller warrants that all goods sold hercundv shall have been produced, said, dclivcred and fumished 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 lairs and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a 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 hereunder without the prior wrinen consent of the other parry. 10. TITLE.. The Seller were. tax full, clear and unrestricted title to the Purchaser for all equipment. materials, and items fumished in performance of this agreement, free and clear of any and all liens. restrictions, reservations. security interest eacumbmnccs and claims prelims. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability ormwillingvns to comply. the Purchaser may cause the work to be performed by the most expeditions meuns available to it, and the Scllcr shall pay all costs associamd with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, aRcco and employees of such party. The Selicr's contractual obligations, including wamnty, shall not be deemed to be reduced, in a or Yav, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indcnmify and save harmless the Purchaser form any and all claims for in tringcment by reason of the use of such patented design, device, material or process in connection with life contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in suchsuitheld to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense 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 noninfringing equipment. or modify it so it beenntcs noninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver nr trustee for any of the Sellers prrarny or business this order may forthwith be canceled by the Purchaser widonn liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hcrcundcr shall be consumed tinder and governed by the lanes of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hcrcundcr, including the services of Sellers Representalive(s), on the premises of mhos. 17. SELLERS RESPONSIBILITY. The Scllcr xhnll carry on said work at SCIICr'S own risk until the same is filly completed and accepted, and shall. in cite of any awiAcnt, dcsln¢tum Or injury to the work and/or materials before Sellers final completion and acceptance, eonmlem the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or crection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible themfor as though such materials and/or equipment were Facing furnished by the Seller under the order. 19. INSURANCE;. The Seller shall, at his own expense provide for the payment of workers compensation. including Occupational disease b ar mim to its cmployccs employed on or in connection with the work covered by this purchase order. and/or to their dcpcndcnts in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurnnee with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and iasumnec. 0eforc any of life Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnifientes shall specify the date when such compensation and insurance have been provided. Stich eenifcatez shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the critic swok is enmplcmd and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Imrchy assures the entire report ibilOy and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by m or resulting frothe 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 r all of due Purchasers officers, agents and employees from and against any and all claims. fosses. 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 any act, action, neglect, omi,c ion or default on the pan of the Seller, any of his contractors. Or any of the Scllcrs or contractors nffiecrs, 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 Scllcr of any of his contractors or any of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same a1 the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incomd by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the preperty of the Purchaser. or said panics in or as a result ofsaeh suits or other prnecodines. the Seller will al pace cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prcvenion of accidents, comply with all laws and rcgtilations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and rcguhlimis issued porsonnt thereto. Revised 03/20I0