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HomeMy WebLinkAbout103834 BOYLE EQUIPMENT CO - PURCHASE ORDER - 3212148PURCHASE ORDER PO Number Page City Of 3212148 t of z ' 6rt Collins OI li ns This number must appear v {� 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 103834 Ship To: WATER UTILITIES BOYLE EQUIPMENT CO CITY OF FORT COLLINS 7550 DAHLIA ST 700 WOOD ST COMMERCE CITY Colorado 80022 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 1 LOT LS 25,000.00 Water Utilities C3. 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 Invoice Address: $25,000.00 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 locol taxes. Our Exemption Number is 984'A502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Internal Rr%dow, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hemof. failure or delay to exercise any 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 ofthe design, shall not release the Sella of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfomancc hacofor any of its rights or rcmcdics as to any such goods, regardless of when shipped, red ivcd or accepted, as to any prior or subsequent default hercanda, nor shall any purpnnnl oral modification or rescission of this purchase order by the Purchaser operate as a waiter of any of the terms hereof. 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 pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antimist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as considcmtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nmv have or herezRer Freight Terms. Shipments must be F.O.N., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless acquired under federal or ,state antitrust Imes for such overcharges relating to the particular goods or Services otherwise specified on this order. If pamission is given to prepay freight and charge separately, the original freight purchased a ncipthed by the Purchaser pursuant to this purchase order. hill 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 Purchascril rects the Seller to correct nonconforming or defective good by a date to be agreed upno by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Parchascr and the Seller, and the Seller Ihercafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made (ram greater distance. may cause the work to be perfomed by the most expeditious means available to it, and the Seller shall pay all cost, nsaocimcd with such work. Permits. Scllcr shall procure at sellers sole cast all necessary permits, eenificates and licenses required by all applicable laws, regulations. ordinances and mlcs of the state, municipality, territory or political subdivision where the work is perfomed, or rcquimd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fort Collins handle. from and against all liability and Inc incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, mlcs and requirements. Authmimtioa. All panics to this contract agree that the representatives are. in fact bona lide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions mated hacnn set forth and any supplanentary or additional tans and conditions annexed facto or incorporated herein by reference. Any additional or different terms and conditions Proposed by seller arc objected to and hacby 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 pMondance 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 of partial late deliveries, shall operate as a waiver of this provision. In the event ofnny delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplocing this order elsewhere and holding the Seller liable for damages, However, the Seller shall not be liable for damages as a rcadl of dclay:s due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault nfnegligence. such act, of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics. an. Or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knouiedgc thereof. In the event of any such delay, the date al -delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants, that all funds, 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 himlcss from any loss, damage or expense which fl c. Purchaser may suffer or incur on account of the Sellers breach of wamnty. 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 be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Sella after the date of acceptance of the goods famished hacunda (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 ofnny claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers linbility hcrcundcr shall extend to all damages proximately caused by the breach of any of the foregoing warn, macs, or guumntees, but such liability shall in no event include loss ofprofts or loss refuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tcmis by waincn 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 form the quantities originally ordered in the specifrcatixam or dmovinga. by verbal or written change Order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by waittca change order, tcmimim this agreement as to any or all ponions of the gads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrc. provided that the Purchaser shall not be liable for any claims for anticipated prolds 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 lamination shall relieve the Purchaser or the Seller of any of their obligations as to any good, delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be accrued within thirty (30) days form the date the change or tcminalion is ordered, R. COMPLIANCE WITH LAW. The Seller warms that all goods sold hereunder shall have ban produced, sold, delivered and furnished 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 rcgnimd to be incorporated in agrccments of this character are hacby inmrpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamticss from all costa and damages suffered by the Purchaser as a result of the Sellars fnilum to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior wrircn consent ofthe other parry. 10. TITLE. The Sella wamnty full, clear and unrcstrietcd title to the Purchaser for all cquipmcnt, mmaiah, and items furnished in performance of this agreement, free and clear of any and all liens restrictions, rescrvntions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsach work. This ruler c 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', contractial obligations. including warn my. shall not be deemed to be reduced. in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whcncra the Seller is required to use any design, dq'icc, material or process covered by letter, patent tradcmad: or copyright the Set let shell indcnmi fy and save harmless the Purchaser from any and all claims for infri ngcmcnt by reason of the use of such patented design, dcvicc, material or process in eormati on with the contract, and shall indcnmi fy 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 ana the completion of the wark. In case said cquipmcnt. or any pan thereof ar 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 Parchascr the right to continue using said equipment or pans, replace the same with substantially egnnl but anninfringing cquipmcnt, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assiremcnt for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Parchascr without liability. 16. GOVERNING LAW. The dermitions of terms used or the interpretation of the agreement and the rights of all panics hcrcundcr 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 to perform work hereunder. including the services of Shccrs Rcprcscatativc(s). on the premises ofothem 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Shccrs own risk until the some is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Sclld's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment are fiunishcd by others for installation or erection by the Seller, the Seller shall receive, unload, more and handle same at the site and become responsible therefor as though such materials and/or cquipmcnt were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his men expense, provide for the payment of warkcrs compensation, including oeamntion it disease benefits. 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insnnnee with Mdily injury and death limits of at Ices, S300.000 for any nnc person. SSo0.000 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 Shccrs or his contractors cmployccs shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such anipcnsmien and insurance have bccn provided. Such cer ilieatcx shall specify the rime 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 issmmcx the entire responsibility and liability for any .and ,It damage. Ins, or injury Of any kind or nature whatwo%cr to persons or property caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlc. the Purchaser and any Or ell 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 pmpary to which the Parchascr 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 oRcas, agents or employees. In case any suit or other pmcccdings shall be brought against the Parchascr, or its officers, agents or employees at any time on account nr by reason of any act. action, neglect omission or default of the Seller ofnny 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 fca and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices. agents or employees in such suits or other pmcccdings and in case judgment or other lien he placed upon or obtained against the property of the Purchaser. or said panics in or as a result ofsach suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othenviec. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with mgnrd to safety including but without limitation, the Occupational Safety and Ilcalth Act of 1970 and all talcs and regulations issued pursuant thereto. Rcviscd 0312010