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HomeMy WebLinkAbout415398 COLORADO EQUIPMENT LLC - PURCHASE ORDER - 3212156PURCHASE ORDER PO Number Page City Of///��� 3212156 1 of 2 `t Col I i ns This number must appear " �7 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 415398 COLORADO EQUIPMENT LLC 125 JOHN DEERE DR FORT COLLINS Colorado 80524-9261 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 1 2012 Blanket Order Utilities q� c3. oi�2s� v City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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: $6.000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions, By statute the City of fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94.60005,97 is minuu red with the Collector of Internal Revenue. 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 Trimmed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Fnhue of the Purchaser to insist upon .strict performance of the Isms and conditions hcrcof, failure or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed n waiver of any right of the purchaser to insist upon strict Performance hercofor any of its rights or remedies as to anv such goods. regardless of when shipped. received or accepted as to any prior or subsect¢nt 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 toots 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. Howcvcr, it is to be anderstrod that FINAL Seller anti the Purchaser recognize that in actual econamic practice, overcharges resulting from antitn0 ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller busby assigns to the Purchaser any and all claims it may now have or hercnncr Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or spte animist laws for such overcharges relating to the noticult r goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepantcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. 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 rsainus parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from, Invoice when Purchnscr and the Seller, and the Seller theouner indicates its inability ounwillingress to comply, the Purchaser shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pry all costs nssoeimed with such work. Permits. Seller shall practice at sellers sale cost all necessary 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 Fort Collins harmless fmm and against all liability and loss incurred by them by reason cf an asserted or established violation crony such laws, regulations, ondinnnces, mles 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 expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or mcor coned herein by reference. Any additional or di Rcrent terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date os noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser., including, without limitation, acceptance Mpartial Irate deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option ofpincing this order elsewhere and holding the Seller liable for damages. Horever, the Scllcr shall not be liable for damages as a result of delays due to causes not rouawbly foreseeable which am beyond its reasonable control and without its fault ofnegligenee. such acts of God, acts ofcivil or military authorities governmental priorities, fires, strikes, flood, 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 such delay, the date of delivery shall be extended for the period equal to the time actually Ion by reason of the delay. 3. WARRANTY. The Seller warrants that all good. 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 cam 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 ar incur oa account of the Scllcrs breach of warranty. The Seller shall replace, repair or make gaol, without cast 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 of any applicable warmaty provided by the Seller aper the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wantonly Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guaranteesbut 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 LEGA I. TERMS. The Purchaser may make changes to legal terms by writers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal term, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperf mane hereunder, an equitable adjustment shall he made. R. TERMINATIONS. The Purchaser may at any time by written change order. Terminate this ngrcrnmcat as to any or all portions of the goods then not shipped, subject to any infusible adjustment bctwwecn the parties as to any work or materials then in progress pmvided that the Purchaser shall not he 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 he made in favor mine Seller with respect to any goods which ram the Scllcrs standard stock. No such mounntion shall relieve the Purchaecr or the Seller of any of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days forms the date the change nr termination is ordered. R. COMPLIANCE WITH LAW. The Scllcr wamnty thus 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 ore subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and egulations required to be incorporated in aEnecreents of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, transfer, or convey this order, or any monies due or to become tine hereunder without the prior written consent of the other party. 10. TITLE. The Scllcrwamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, amnions, security interest encumbrances and claims crashers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance nfsuch wank. This release shall apply even in the event of fault of negligence of the party released and shall extend to the diacritics, officers and employees of -such parry. The Scller's contractual obligations, including wamnty, shall not be doemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchnscr. 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 hamlet the Purchaser fmm nay 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 tiny cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during The prosecution Trailer the completion of the work. In case said equipment, or any pan thereof or The intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the same with substantially equal but nonin fringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of creditors, appoint a receiver or taste, for any of The Set lers property or business, this order may fnnhw'i ill be canceled by the Purchaser without liability. IG, GOVERNING LAW. The definitions oitems used nr the interpretation addle ngeement and the rights ofall panics hereunder shall be construed under and governed by the Imes nfthe State nfColondo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder. including The.senices of Scllcrs Reprcsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall enrry on said work at Seller's own risk until the same is fully cmntpdoed and accepted, and shall. in case of any accidenh destruction nr injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllers own expense and to the satisfaction of the Purchaser. When materials ,anti equipment are famished by others for installation or election by the Seller, The Seller shall receive, unloak store and handle same as the site and become responsible therefor as though such materials and/or equipment were being furnished by The Seller under the order. IS, INSURANCE. The Scllcr shall, at his own expeme, provide for the payment of workers compensation, including ocenpation ll disease benefits, to its cntployecs 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 the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and amamobilc public liability insurance with bodily injury and death limits of at ]cast S300.000 for any one person, S500d0q for any one accident and property damage limit per accident of S400.00n. The Seller shall likewise require his contractors, Fully. to provide for such compensation and insurance. Before any of The Sellers or his contractors employees .shall do any work upon the pmmiscs ofmhers. the Seller shall famish the Purchaser with a eerrificmc that such compensation and insunncc have been pmvided. Such certificates .shall specify the date worn such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance expires. The Seller ngrecs That such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. To. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability feature and all damage, loss or injury ofany kind err manure whatsoever to persons or property caused by or rcsulting from the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and cntployecs from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhascr 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 Scllcrs or contractors officers, agents or cntployecs. 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 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 cony be incurred by or obtained against the Purchnscr or any of its or their officers, agents or employees in .such suits or other procccdings, and in case judgment or other Tien be placed upon or obtained against the prof" 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 Scllcr and his contractors shall take all safety precautions, banish and install all guards necessary for the prevention of accidents, comply with till laws and regulations with rcgnrd to safety including. hilt without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pumntam thereto. Revised 03/2010