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HomeMy WebLinkAbout133424 COLORADO WASTEWATER UTILITY COUNCIL - PURCHASE ORDER - 9112704PURCHASE ORDER PO Number Page City OfCollins ��� 9112704 ' of s `t Coll` I ns This number must appear J on all invoices, packing slips and labels. Date: 05112/2011 Vendor: 133424 COLORADO WASTEWATER UTILITY COUNCIL C/O PAUL FERRARO 4 MOURNING DOVE LANE LITTLETON Colorado 80127 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/12/2011 Z/ Buyer: OPAL DICK Note Line Description Quant4 UOM Unit Price Extended Ord ed Price MEMBERSHIP LOT LS 2,875.00 DEC 09-DEC 10 MEMBERSHIP 2 MEMBERSHIP DEC 10-DEC 11 MEMBERSHIP 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 1 LOT LS 2,875.00 Total $5,750.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I1. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-W W587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delav to Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statues 1973. Chapter 39 26. 114 (a). exercise now rights or rcmcdics pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthc 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 any of the w'atmntics or obligations of this purchase order and shall not be deemed a waiver oCzny right of the damage in transit, may be rammed to ,you for credit and arc not to be replaced except upon rceeipt of wTitten purchaser to insist upon strict performance hamfor 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 purported oral mMi fieatiou or omission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hercoC 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 Fun Collins. Howa'er, it is to be understood that FINAL Seller and the Purchaser recognize that in achml economic practice. overcharges resulting from antitmst ACCEPTANCE is dgtenclent upon completion ofall applicable required inspection pmccdures. 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 Purchascr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fan Collins, 700 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 cr acquired by the Purchaser porsount 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 manufacturers have distributing paints in various pans of the country, shipment is If the Purchaser directs the Seller to coned nonconfoming or defective goods by a date to be agreed upon he 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 11wouncr indicates its inability or unwillingness to Comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to its and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers role cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and mles 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 form and against all liability and loss incurred by them by reason of an asserted or established violation of any such Imrs, regulations, ordinances, orles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bindmid 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 heroin 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 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event Tiffany 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 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, acts Ofeivil or military amhon ies, governmental priorities, rims, strikes, food. epidemics, wars or hots pmvidcd 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 therm( 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 ofthc delay. 3. WARRANTY. The Scllcr warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, sad peformed 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 any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wananry. The Seller shall replace, repair or make gad, without cot to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed bylaw or by the terms of any applicable warmary provided by the Seller after the date of acceptance of the gads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done we ormcnzls furnished by the Seller. Acceptance or use of goals by the Purchaser shall not eca stimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hercunda shall caked to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability sball in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal more; by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms. including additions to or dclelions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any %rich change affects the amount due or the time of performance hereunder. an 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 parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered bactudet. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, 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 or c%idence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmaalcc from all costs and damages suffered by the Puncher. r as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this orAca or any matters due or to become due hereunder w'ithmn the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the purchaser for all equipment, materials, sad items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier From all liability and claims of any natom resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The SclIces contractual obligations, including warm nty, shall not be deemed to be reduced. in any way, because such work is performed or ceased to he perfonncd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material Or Process covered by letter, 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 patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense ordamage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthc work. In case said equipment. or any pan thcrenf or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or pun 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 nnninfringing equipment or modify it so it becomes no unfr:nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignmcm for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Mtemw used or the interpretation of the agreement and the rights ofall panics hereunder shall be censured under and governed by the laws of the 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 Repmscnrative(s). on the pmmiscs fothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in ease crony accident. destruction or injury to the work and/or materials before Scllefs final completion and acceptance, complete the work M Scllefs own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others 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 cquipmcnt acre being furnished by the Seller under the order. 18. INSURANCE The Seller shill, at his own expense, provide for the payment of workers compensation, including oocupational disease benefits, to its employees employed no or in connection with the work covered by this porchasc order, and/or to their dependents in accordance with the Ievs of the state in which the work is to be done. The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liahility insurance with bodily injury muf death limits of at least s1OO.000 for any one person, S500.000 for any one accident and property danmge limit per accident of S400.000. The Seller shall likewise require his contracturs, if any, to provide for s ch compensation and irwimmeC. Before any of the Scllcrs or his contractors employees shall do any work upon the nrcouscs Of mhecs, the Seller shall furnish the Purchaser with a cenilicmc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pro ided. Such ecnificates shall specify, the date when such Conrpcnmtinn and insurance expires The Scllcr agrees flintsuch compensation and insurance shall be maintained until after the "tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire nspnnsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in eonnemion herewith. The Seller will indemnify and hold hamdca the Purchascr and any Or all Of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damngee, 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 omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commOors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchascr, or its officers. agents or employees at any time on account or by reason of any act, action, neglect. emission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assumC 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 Purchaser or any of its or their of mcrs. agents or employees in such suits or other proceedings, and in Care judgment or other lien be placed upon or obtained against the progeny, of the Purchaser, or said panics in or as a result ofmch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othem,isc. The Seller and his contractors shall take all safety precautions, Tarnish and install all guard necessary for the pre%cinion of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010