Loading...
HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9116697City OfPURCHASE ORDER PO Number I Page Collins9116697 1 of 2 `t CThis number must appear on all invoices, packing slips and labels. Date: 11/07/2011 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS *' CIS " Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colo do 80521 Delivery Date: 11/05/2011 / Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended dered Price PATCH WORK 1413 OXBOROUGH LN 1 LOT LS 7,224.49 56166 Q.9-rx� O✓la-s-Q � 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 $7,224.49 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 f 501 Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchaser to insist alien strict performance ofthe terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised So mics 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 ordue to defects of any of the warintics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be removed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or reined im as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, is to any prior or subsequent default hcrcu ndcr, nor shall any purported oral modi fieatino or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are 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 remelt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procodums. violations are 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 most be F.O.B.. City of End Collins, 700 Wood St., Fen Collins, CO 80522, unless acquired tinder federal or state antitrust laws for .such overcharges relating to the particular goods or services otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchaser pursuant to this purchase ordm bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to career nonconforming or defective good by a date to be agreed upon by the expected from the unrest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser wad the Seller, and the Seller flu matter indicates its inability or umvillingncss to comply, the Purchaser shipments are made fmm greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pemrits. Seller shall procure at sellers sole cost all necessary permits, ecnificans and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, tcmtury or political subdivision is hem the work is performed, or required by any other duly eonstitumd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm 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 requirements. Authouralion. All parties to this contract agree that the representatives are, in fact, ban. fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set finish and any supplcmcnmry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 ofrle 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 dclivcnes, shall operate as a waiver ofthis mvision. In the event ofany delav, 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 Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, firs, strikes, flood, epidemics, wars or rims 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 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 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 want, nty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year ear 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 famished hereunder (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 shall not 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 pmximatcly 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 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. CHANGES IN COMMERCIAL TERMS, The Purchaser may make are changes to the terms. other than legal terms including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written clause order. If any such change affects the amount due or the time of performance 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 goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in prelpms provided that the Purchaser shall not be liable for anv claims for anticipated prefix 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 goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. & COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to of act or evidence compliance. All laws 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 fmm all costs and damages suffered by the Pumhascr as a result of the Scllcrs 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 ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agrarian, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the purchaser and its contactors of any tier from all liability and claims of any nature 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 Seller's continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by se son 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 or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or 'any part thereof or the intended use of the goods, is in such snit 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 pans, replace the same with substantially equal but noninfringing equipment, amodify it so it becomes nonin(nnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of eroditon. appoint a receiver or trustee for any of the Scllcrs pmpcmy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation of the agreement and the rights Mall panics hereunder shall be construed tinder and governed by the laws ofthe State of Columdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represcntative(s). on the premises ofthers. 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 case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of ncc, Purchaser. When materials and equipment am famished by others for installation or erection by the Seller, the Seller shall receive, nalond. store and handle same at the site and become rapansible therefor as though such materials and/or equipment were being famished by the Seller under the order. Ill. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease bcncflts, 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 ofthe state in which the work is to he 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 S300,000 for any one person, S500JI00 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 insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purehuscr with a certifiemc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have becn 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 agar 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. Ins or injury ciliate kind or panne ishatsecrcr to persons or pmpeny caused by or resulting from the execution ofthe work provided for in this purchase order a in connection herex'ith. The Seller will indemnify and hold hatless the Purchaser and any or all of the Purchasers officers, agents and employees Form and against any and all claims, losses, damages, charges or expenses, whether direct a indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellars or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any net, action, neglect, omission 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 assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys 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 Purchases, ear said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention 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 ill rules and regulations issued pursuant Ihcmto. Revised 03/2010