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HomeMy WebLinkAbout486984 REYNOLDS INLINER LLC - PURCHASE ORDER - 9117194Fort Collins Date: 12/05/2011 Vendor: 486984 REYNOLDS INLINER LLC 7915 CHERRYWOOD LOOP KIOWA Colorado 80117 PURCHASE ORDER PO Number Page 9117194 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/02/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONSTRUCTION 1 LOT LS 30,625.00 MT011-RI EMIGH LATERLA CIPP City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Terni and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt (rang state and Incal taxes. Our Exemption Number is 1 I. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000557 is registered with the Collector of Failure of the Parchascr to insist open strict performance of the tcmw and conditions hereof, falhuc or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval of the 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 wanantics or obligations of this purchase order and shall not be dcemed a waiver of any right of the damage in transit, may be rcmmed to you for credit and am not to be replaced except upon mccipt of written purchaser to insist upon strict PMormance hoer foranv of its rights or remedies re to any such goods, regardless instructions firm 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 operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respotse to this order can result in 12. ASSIGNMENTOF 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, ovemhnrges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne 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 Fort Collins, 700 Wood St., Fort Collins, CO 90522, notes.% acquired under federal or state antitrust Imes 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 or acquired by the Purchaser pursuant to this purchase order. bill most accompany im'nice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactarers have distributing points in various parts of the country, shipment is If the Purchaser dimds the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected farm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter 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 it, and the Seller shall pay all cost, associated with such work. Permits. Seller shall procure at scllas sole cost all nocomary permits, ecnificztcs and licenses required by all applicable laws. regulations, ordinances and talcs 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 Fors 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, toles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This purchase Order exgummly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin 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 ofthe csuvcc. Delivery and performance most be effected within the time stated on the purchase order and the daeumcnts 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 ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaciag this order eLuwhem and holding the Seller liable for damages. However. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foresecable which am beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govcmmenod 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 of any arch delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3.WARRANTY. The Seller wam nts that all goods, articls, materials and work covered by this order will conform with applicable drawings, sposifications, sampls and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can 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 Seller 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 he prcseribed by lawor by the temt%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 (rant imper(ect 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 proximately caused by the breach ofany of the foregoing wamntins or guaranies, but such liability shall in no event include loss of profits or lass 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 any changes to the terms, other than legal terms, including additions to or deletions firm the quantities originally ordered in the specification or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperfanmanee 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 panics as to any work or materials then in pmgmm provided 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 Sella with respect to any goods which arc the Sellers standard stock. No such Icrounation shall relieve the Purchaser or the Seller ofany of their obligations as to any goods del ivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assened within thirty (30) days fmm the date the change or icmnination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that ell goods sold hereunder shall have been produced, sold, delivered and famished 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 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 Purchaur harmless from all costs and damages suffered by the Parchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfcr, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfnrmance of this agreement fine and clear of any and all liens, restrictions, ¢serrunions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims ofany nature resulting farm the pafomtance of such work. This mleave shall apply even in the event of fault of negligence of the party released and shall extend to the dimctors. officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be dcemed 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 process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front 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 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 mid equipment, or any part thereof or the intended use of the goods. is in such suit held to constitute infnnecmcnt 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 In continue using said equipment or pans, replace the same with substantially equal but noninGinging equipment, or modify it so it h ssomcs noninfringing. I5. 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 oftemts used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder, including the services of Scllcrs Representative(,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scller shall carry on said work at Scllcrs 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 Seller's final completion and acceptance, complete the work at Sclleis men expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or crcetion 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 equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shell, at his own expense, provide for the payment of workers compensation, including nccupational disease benefits, to its employees employed on or in connection wilh the work covered by this purchase order. and/or to their dependents 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 insurance with bodily injury and death limits of at least S300.000 for any one person. S500,000 far 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 compensnflon and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the pren.iscs of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance hate 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 be 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 ofany kind or nature w'hatsceret to persens or property caused by or insulting farm the execution ofthe work provided for in this purchase orderor in connection herewith. The Seller will indemnify sad hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and wheher 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 part of the Seller, any of his contractors, 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 employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their oRcem. 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, 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 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 Purchaser, err said parties in or as a result ofsuch 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 preeaulions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regndmions with regard to safety including, but without limitation, the Occupalional Safety and Health Act of 1970 and all mles and regulations issued pursuant therein. Revised 03/2010