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HomeMy WebLinkAbout102649 ROTO-ROOTER DRAIN & SEPTIC SERVICE - PURCHASE ORDER - 9120122City of Collins PURCHASE ORDER PO Number Page 9120122 l of z his number must appear ` �7 on all invoices, packing `t slips and labels. Date: 01/06/2012 Vendor: 102649 Ship To: FACILITIES DIVISION ROTO-ROOTER DRAIN & SEPTIC SERVICE CITY OF FORT COLLINS 637 N HIGHWAY 287 FORT COLLINS Colorado 80524 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket order to cover the cost of miscellaneous labor/materials for clog/clean-outs for fiscal year 2012. All services shall be ordered by City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 1 LOT LS Total Invoice Address: City of Fort Collins $9,000.00 Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Turns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is "crept from state and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Excise Tax Exemption Ccr iftcam of Registry 84-6000587 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 Statutes 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 of the design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifiealiom. either when shipped or due to defects of anv of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may he rcmmed to you for credit and arc not to be replaced except upon receipt Of written purchaser to insist upon strict perfomanee heoeofor any ofils rights or remedies As to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received at accepted, as to any prior or subsequent default hereunder. nor shall any purported cool modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms 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 insult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hmsercr, it is to be nndcrstood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fat home by the Purchaser. Theretofore, for good cause and as consideration for ceccuting this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.B., City of Fors Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the panieular 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 anler. bill most accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments arc made form greater distance. Permits. Seller shall procure at sellers sale cost all ncecssary permits, certificates 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 Fan Collins harmless from and against all liability and loss incurred by them by mason of an ossened Or established violation of any such laws, regulations, ordinances. rules and requircumms. Aullamization. All panics to this contract agree that the representatives arc, 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposed 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 panial late deliveries, shall oremtc as a waiver of this prevision. In the event crony 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 he 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 Gad, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, sears 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 Irtt by reason of the delay. 3. WARRANTY. The Seller wamnts 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 m 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 (I) year or within such longer period of time as may be prescribed by law or by the terms ofnny applicable wamnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim nnda this wairaty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liabilityshall in no event include loss ofpro0ts or loss cruse. 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 temp, other than legal terms, including additions to or deletions from the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due orthe time ofperfarmance 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 progress 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 Seller with respect to any goods which arc the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller ofnny of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment Most be asserted within thiny (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Scllcr..ats 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 goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lasses and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hurtles, 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 written consent of the other party. 10. TITLE. The Scllcr am. ads full. clear and unrestricted title In the Purchaser for all equipment materials, and items furnished in peformance of this agreement free and clear of any and all liens, restrictions, reasn ations, security interest encumbrances and claims Of.thcm. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lithe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser 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. The Seller shall relcasc the Purchaser and its cormorants of any tier from all liability and claims of any nature resulting from the perfommnce of such work. This release shall apply even in the event of fnuh of negligence of the party released and .shall extend to the directors, ofccrs and employees of such party. The Seller's contractual obligations, including wamnry, shall not he docmed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or rivers., 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 preecss in connection with the contract, and shall indemnify the Purchaser for nay 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 nsc of the goods, is in such ,,it 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 equipamnt or parts, replace the same with substantially equal but noninfringing equipment. Or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt make an assignment for the benefit of crcditnN. 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 of toms used or the interpretation ofthe ngreement and the rights ofall panics hereunder shall be construed undo and govemed 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 Sellers Rcpmsentative(s), on the premises ofothets. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the more is fully completed and accepted, and shall. in case of any accident, destruction or injury to the wort: and/or materials before Seller's final completion and acceptance, complete the work ar Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished 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 furnished by the Seller under the order. 18. INSURANCE. The Scllcr shall, at his own expense. provide for the payment of workers compensation. including occupational disease brncfts. 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 Inws 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 in with bodily injury and death limits of at ]cast S300.rton for any one person, SSM.Don for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony. to previdc for such compensation and insurance. Before any of ncm Scllcrs or his contractors employees shall do any work upon the promises of ethers. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such eer ifcates shall specify the date when such compensation and insurance have been provided. Such eenifienres 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 ACCIDENT'S AND DAMAGES. The Seiler hcrcby assumes the entire responsibility and liability for any mad all damage, loss or injury ofnny kind or naurre whatsoever to persons or Property caused by or resulting form the execution ofthe work provided fnr in this purchase order or in connection bemw'ith. 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 pmpeny 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 contractors officers, agents or employees. In ease 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 at, aclion, neglect omission or defin It 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, attorneys fees and other expenses, any and all judgments that may be ittouned by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the propcny of the Purchaser. Or 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 rrecautians, furnish and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safctyand Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010