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HomeMy WebLinkAbout128752 BATH POWER EQUIPMENT - PURCHASE ORDER - 3212144City of art Collins Date: 01/23/2012 Vendor: 128752 BATH POWER EQUIPMENT 1505 TIMBERLINE FORT COLLINS Colorado 80524 f all '11":I_t+9 :K07 PO Number Page 3212144 1 t of 2 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: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order Utilities 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 10,000.00 Total $10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption,. Be station, the Citv of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAI VER. 98-04502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure .,delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Stamta 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 branch, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to nmet specifications, either when shipped or due to defects of any of the worm, "ties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods. regardless instructions from the City of Tom Collins. of when shipped, received or accepted, as in any prior or subsequent default heremdcr. nor shall any purported oral mndification or rescission of this purchase order by the Purehascr operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. However. it is to he understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violation are in fact borne by the Purehascr. Theremforc, for good cause and as considemnon for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Toms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fon Collins, CO 90522. unless acquired under federal or state antitrust Ira .. for such overcharges relating to the particular goods or services otherwise specified an this order. If p.is ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompan)' invoice. Additional charges for packing mill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufn numrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the expected (ram the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ure made front 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. Permits. Seller shall procure at sellers sole cent all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rates 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 loss incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances, mlcs and requirements. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete mnhodty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tennis and emtditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by mferencc. Any additional or different tams and conditions proposed by seller arc objected to and herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa yen, promised delivery date as noted, Time is ofthe essence Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, ,hall operate as is waiver of this provision. In the even of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clsewhcrc 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 are beyond its masonable control and without its fault of negligence. such acts ofG sk acts ofeivil or military authorities, governmental priorities, fires, sinkcs, Bond, epidemics, wars or riots pmvided 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 ofany such delay, the date of delivery .shall be cstended for the period equal to the time actually lost by reason Of the delay. 3. WARRANTY. The Seiler eamnts 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 Sellers breach of wamnty. The Seller shall replace, repair or make good. w'ithasr cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tames ofany applicable w'amnry provided by the Seller after the date of acceptance ofthe good famished hereunder (acceptance nut to he 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 constirdc a waiver ofany claim under this wamnty. 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 wamvtics or guarantees, but such liability shall in no event include loss ofpmfits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumha,cr may make changes to kcal 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 from the quantities originally ordered in the stxeifieatinns or drawings. by verbal or written change over. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may of any time by written change order, terminate this agreement as to any or all portions of the funds then not shipped, .subject to any equitable adjustment between the panics as to any work or ntaterinls then in pmg,m, provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe 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 goods which arc the Scllers .standard stock. No such termination shall relieve the Purehascr Or the Seller ofi ny oftheir obligations ns 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. 8. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been produced. sold, delivered and fumished in strict compliance with all applicable laws and regulations to which The good arc subject The SCBCT 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 hnld the Purchaser hamlcss 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 "'titters consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchneer for all equipment, materials and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbmnees and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature re,nlin g from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, MBcers and employees of such party. The Seller', can", ctnal obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is Performed or caused to he performod 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 harm 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 contmd, 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 ofthe mark. In case said equipment. Or any pan Therco(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 in continue using said equipment or pans, replace the same with substantially equal but Pon infringing equipment, or modify it so it becomes nnninfrfnging. 15. INSOLVENCY. If the Seiler ,hall beconee insolvent or bankrupt make no assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller, property or business, this order may forthwith he canceled by the Purchaser without liability. 16, GOVERNING LAW, The definitions oftcrms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed underand governed by the Imes 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 Represemmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said ,work at Seller's own risk until the same is fully completed and neeepted, 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 Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumid¢d by others for installation or erection by the Scllcr, the Seller shall receive, unload. ,tnrc and handle same at the site and become responsible therefor a, though such materials and/or equipment w'cm being famished by the Seiler under The order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of w'onkcm compensation, including occupational disease hcncfits, to its empinyccs employed on or in connection with the work covered by this purchase order. and/Or to their dependents in accordance with the laws Of the state in which rise work is to he dune The Seller shall also carry eomrehen,ive general liability including, but not limited to, enntraemal and rommobile public liability hmmraec with bodily injury and death limits of as least S300.000 for any one person. S50o,000 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 of the Sellers or his contractors empinyccs .shall do any work upon she premises orations, the Seller shall furnish The Purehascr with a cenifieate that such eon rcusminn and insurance have been provided, Such certificates shall specify the date when such compensation and insurance have been Provided. Such certificates shall specify the dare when such compensation and insurance expires The Seller agrees thatsuch compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind ur nnmre whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss 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 indircd, and whether to persons or pmpcnv 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 emrtractors. or any of the Sellers or contractors officers. agents or employees In case any snit or other proceedings shall be brought against the Pnrehaseq or its officcrs, agents or employees at any time on account or by reason of any act, action, neglect, Omission or default of the Seller of any of his contractors or any of its or their nFecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcuf and to defend the same at the Sellers ova cspcnsc, to pay any and all costs, charges, attonevs fees and other expenses, any and all judgments chit may be incurred by or obtained against the Purchaser Or any of its or ,heir oRcers, agents or employees in such suits or other proceedings, and in use judgment Or other lien he placed upon or obtained against the property of the Purehascr, or said panics in or as a result of such suits or other Proceedings. the Seller will at once came the sane to he dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take Till safety precautions, furnish and install all guards necessary for the prcwention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act Of 1970 and all rules and regulations issued pursuant Ibercto. Revised 03/2010