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HomeMy WebLinkAbout102606 COLORADO MACHINERY LLC - PURCHASE ORDER - 3212158City of F`ort Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 102606 COLORADO MACHINERY LLC 125 JOHN DEERE DR FORT COLLINS Colorado 80524-9261 PO Number Page 3212158 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: 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 40,000.00 Utilities Cam, c3. o'r�g2 �- 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Foe Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 9R-04502, Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Failure of the Purchaser to insist upon .strict performance of the terms and conditions hereof. feitum 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 lay, 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 foliose the Seller of Goods Rejected. GOODS REJECTED due to failure to race specifications. either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rebuffed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such good, regardless instruction, fmm the City effort Collins, of when shipped, received or accepted, as to any prior or subsequent default hercunda. nor shall any purponM col modificatine 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 result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fen Collins. However, it is to be understood 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 am in fact borne by the Purchaser. Theretof tit. for good cause and as consideration for executing this purchase Order, the Scllcr hereby assigns to the Purchaser any and all claims it may now hove or herea0er Freight Terms. Shipments most he F.O.B., City of Fen Collins. 700 Wood St. Fen Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or scrrices otherwise spceificd on this order. If prnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase made,. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whets manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm 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 am made form greater distance may cause the work to be performed by the most capeditims means available to it and the Seller shall pay all chits t,,nem ed N'Ith such work. Permits Seller shall procure at sellers sole cost all necessary permits, eenifreates and licenses requited by all applicable lards, regulations, ordinances and rules of the slate, municipality, territory or political subdivision where the work is perfomed, or Inquired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements, Authorfmtion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authoriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teens 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 toms and conditions proposed by seller arc objected to and hereby mjccmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is fthe esscnee. Delivery and performance must be effected within the time stated on the purchase order and the documents touched hereto. No acts of the Purchasers including. without limitation, acceptance ofpanitl late deliveries. shall operate as a waiver of this prevision. In the event ofany delay. the Purchascr shall have, in addition to Other legal and equitable rcmedics the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not he liable for damages as n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault afnegligence, such acts of Gnd. acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riots provided that notice of the conditions calming 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 he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work effected by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfomed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hamlcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnry. 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 of any applicable winnow provided by the Scllcr alter the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfcct or defective work done Or materials fumished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this u'aeanry. Except as otherwise pmwided in this purchase rude,. the Sellers liability lice meatier shall extend to all damages proximately caused by the breach of anv of the foregoing aromatics or guarantees, but such liability shall in no event include Ions ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal tcmu by w'rnfca change order. 5. CHANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes In the toms, other than legal toms, including addition, to or deletions from 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 nfperfomanec hereunder. an equitable adjustment shall be made. b. TERMINATIONS. The Purchascr may at any time by written change order. terminate this agreement as to anv Or all portions of the goods then net shipped Object to any equitable adjustment between the panics as to any work or materials then in pmgres, provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/of work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such temtimtion .shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hcrcunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days free, the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller vwamnt, that all good 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 laws and mutilations rcquircd to he incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hemdess from all costs and damages suffered by the Purchascr as a result of the Scllcr 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. Hk TITLE. The Scllcr ummnts full, cicfemal unrestricted title to the Purchascr for all equipment. materials. and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofolher, The Seller shall release the Purchascr and its contractors of any tier fmm all liability and claims oftoy nature resulting from the performance of s ch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofccn and employees of such party. The Seller's contacted obligntions, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is rcquirc(i to use any design, device, material or process 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 process in connection with the contract and shall indemnify the Purchascr for tiny cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or filer 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 pan is enjoined. the Seller shall, at its own expense and at its option. either procure for the Purchascr the right to continue using said equipment or pans, replace the same .with substantially equal but noninfringing equipment, Or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent On bankrupt make an assignment for the benefit Of creditors, appoint a receiver or tm,tec for any of the Seller, property or business, this order may forthwith be canceled by the Purchascr without liability. Ib. GOVERNING LAW. The definitions ufmorn, used In the interpretation ofthe agreement and the right ofall parties homender shall be consumed under and govcmed by the laws of the Statc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hercundcr including the scniecs of Scllcr, Reposcntativc(s), no the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall came on said work at Seller's 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 Sellers final completion and acceptance, complete the work m Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc f umishcd by allies, for installation or crccrion by the Seller, the Seller shall receive. unload, store and handle same at the site and hccomc responsible therefor as though such materials and/or equipment were being famished by the Seller under the under. IR. INSURANCE. The Seller shall, at his own cxpcnsc. provide for the payment of workers compen,ation, including occupational disease herelits. 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 hoes of the state in which the wort: is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and a immadile public liability inenranw with bodily injury and death limits Of A least S300.WO for any one pcnon. S500,000 for any one accident and property damage limit per accident of S40IT000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insomnec. Before any of the Scllcrs of his contractors employees shall do any work apon the prmniscs of others, the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when .such compensation and insurance have been pmvidcd, Such eenilicates shall specify the date when .such compcesalimr and insurance expires The Seller agrees that such compensation and insurance shall be maintained until of cr 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 ofnny kind or nature w'hntsoowcr to persons or pmpcny caused by or resulting from the execution of the work provided for in this purchase Order or in connection heresoith. The Seller will indemnify and hold hamlcss the Purchascr and any or all of the Purchasers officem, agents and employee, fmm and against any and all claims, losses, damages, charges of expenses whether direct or indirect, and whether to persons or pmperly to which the Purchascr may be put or suhicet by reason of any net, action, neglect omission or default on the pan of the Scllcr, any of his coronation, or are of the Sellers or contactors offreers, 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, union, neglect. omission or default of the Seller of any of his contractor 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 Scllcrs own cxpcnsc, to pay any and all cost. charges, attorneys fees and other expenses. any and all judgments that may be incanted by or obtained against the Purchascr or any of it or their officers. agents or employees in such suits or Other proceedings, and in case judgment or other lice be placed upon or obtained ngaiest the pmpcny of the Purchaser. or said panics 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 precautions, furnish and install all guards necessary for the prevention of accidents, comply with nil laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thcteto. Revised 03/2010