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HomeMy WebLinkAbout357006 ALL AMERICAN BACKFLOW - PURCHASE ORDER - 9112452PURCHASE ORDER PO Number Page City of 9112452 1 of 2 `t Collins OII i ns This number must appear {,{, 1 on all invoices, packing slips and labels. Date: 0412812011 Vendor: 357006 Ship To: PARK MAINTENANCE ALL AMERICAN BACKFLOW CITY OF FORT COLLINS 215 E 2ND ST 413 S BRYAN LOVELAND Colorado 80537 FORT COLLINS Colorado 80521 Delivery Date: 04/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Backflow testing in Parks 1 LOT LS 3,000.00 PER WORK ORDER #P11-10 2 Backflow testing Downtown 1 LOT LS 500.00 3 Backflow testing in Medians 1 LOT LS 4,500.00 U 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 Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total 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 stable the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-04502. Federal Excise Tax Exemption Certificate of Registry 94-60110587 is registered with the Collector of Failure Of the Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised Stables 1973, Chapter 39.26. 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of nay of the warranties or obligations of this purchase order and shall not be deemed 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 wrivan purchaser to insist upon strict performance hercofar any of its rights or ramedics 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 purported oral modification or rescission of this purchase order by the Purchaser opaum as a waiver of any of the turns Inspection. GOODS arc 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 pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fad 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.B.. City of Fact Collins, 7W Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased at acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice rvhca shipments arc made from greater distance. Permits. Seller shall picture at sellers sole cost all necessary permits. catificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where 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 harmless from and against all liability and lac incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rides and requirements. Authorization. All parties to this contract agree that the representatives am. 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 tcmw and conditions stated herein act path and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 premised delivery date as noted. Time is of the essence. Delivery and Performance must be affected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Sella 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 of negligence. such acts of God, arcs ofeivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthc time when the Seller first received knowledge thearcof. In the event of any 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 Seiler 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 ftl for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defers or faults arising within one (H year or within such longer period of time as may be prescribed by law or by the terms ofanv applicable warranty provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the SclIcr. Acceptance or use of galls by the Purchaser shall nor constitute 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 any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lcmms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tells, other than legal toms, including additions to or deletions from 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 ofpMormancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then net shipped. subject to any cgnit.blc adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages. and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seiler of any of (heir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fen adjustment most be assured within thirty (30) days from the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Seller watmnL that all grads sold hereunder shall have been porduced, sold, delivered and furnished 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 orevidcncc compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated harm by this rcferena. The Seller agrees to indemnify and hold the Purchaser harmless firm 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 written consent of the other party, 10. TITLE. The Seller warrants full. clearand 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, restrictions, rcsemations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, film Purchaser directs the Seller to correct nnaconfomming or defective goods by a date to be agrccd upon by the Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all cost., associated with such work. The Seller shall release the Purchaser and its contractors of any tier 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 parry released and shall extend to the dircetan. affect, and employces ofsuch pany. The Scllcrs contractual obligations, including warranty, shall not be decreed to be reduced. in any way, 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 pmecss covered by lever, patent, trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such paten tad design, device, material or process in connection with 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 work. In case said equipment. or any pan 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 at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but naninfringing equipment. or modify it so it becomes noninfringeg, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of routines. 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 terms used or the interpretation of the agreement and the rights of all parties hereunder shall be constmed under and premed by the Imes of the State of Colomdo. USA. The following Additional Conditions apply Only in cases where the Scllcr is to perform work hereunder, including the services of Scllcrs Representativc(s), on the premises ofobco. 17. SE: LLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall. in ease of any accidcnt, destruction Or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the sntisfaetion Of the Purchaser. When materials and equipment arc furnished by others for insmllminn or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therefor is though such materials and/or equipment were being Tarnished by the Seller under the order. 19. INSURANCE. The Sellashall, 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. andler to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least SAW," for any one person. S500.000 for any one accident and pmr" damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insurance Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when .such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall he maintained until 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 of any kind or nature whatsoever to persons or property caused by or resulting point the execution ofthc work provided for in this purchase orclaor in connection herewith. The Seiler 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 whether to persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employces at any time on account or by reason of any act. action, neglect, omission or default of the Seiler 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 at the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses. any and all judgments that may be incurred 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 Property of the Parchaseq Or said panics in or as it result of such suits or Other, proceedings. the Seiler will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gunot necessary for the prevcmion of accidents. comply with all laws and regulations with regard to safety, including, but without limitation. the Occupational Safery and Health Act of 1970 and all rules and regulations issued pursuant theey. Revised 03/2010