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HomeMy WebLinkAbout211778 CRYSTAL SAW CUTTING - PURCHASE ORDER - 3212165City of Fort Collins Date: 01/23/2012 Vendor: 211778 CRYSTAL SAW CUTTING PO BOX 270688 FORT COLLINS Colorado 80527 PURCHASE ORDER PO Number Page 3212165 1 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 1 2012 Blanket Order Saw Sharpening 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 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 i, exempt From stain, and Inca) taxes. Our Exemption Number is 99.04502. Federal Excise Tax Exemption Ccnifieate of Registry 94-6000587 is mllistncd with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rearmed to you for credit and arc not to be replaced except upon receipt of written instructions from, the City effort Collins. Inspection. GOODS are subject to the City of Fain Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to exercise any rights or remedies pmvidcd hcrcin or by to,, failure to promptly notify the Seller in the ,rent of a breach, the acecptancc Ofor payment for goods hcrcunda or approval critic design, shall not release the Seller of any of the warranties or obligations of this purchase Order and shall not he deemed a waiver of any right of the Purchaser to insist upon strict perfomancc hereoforany of it rights Or remedies as to any such goods, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, not shall any purponcd a.I modification or reseission of this purchase order by the Pnichnscr opemte is a waiver of any of the terms hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. euthorimd payment on the part of the City of Fort Collins. However, it is to be understmd that FINAL Seller and the Purchaser recognize that in actual economic practice, merchargcs resulting Farm antitrust 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 hereby assigns to the Purchaser any and all claims it may now have or hcrea ter Freight Terms. Shipments from be F.O.R., City of Fan Collins, 700 Wood St.. Fort Collins, CO R0522. unless acquired under rodent or state antitrust laws for such overcharges relating to the particular grads or services otherwise specified on this order. If perrnisvion is given to prepay freight and charge separately, the original freight purchased or acquinxl by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charge., for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacmrcrs have distributing points in vinous pan, of the carnally. shipment is If the Purchaser directs the Seller to carted 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 fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to il, and the Seller shall pay if costs associated with such work. Permits. Seller shall procure at whom sole cent all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, retriiary or political subdivision where the work is perfomcd, 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 hamles fmm and against all liability and loss incurred by them by reason craft asserted or established violation of any such laws, regulaions, ordinances. roles and requirements. Authorimtion. All panics 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 lerm, and conditions stated herein set tomb and any supplementary or additional to= and conditions annexed hocto or incognmtcd hcrcin by reference. Any additional or different terms and conditions pmponed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive m your promised delivery date as noted. Time is ofihc essence. Delivery and performance must be effected within the time stated on the purchase order and the dmumenla 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 of any delay, the Purchaser shill have, in addition to other legal and equibahlc remedies. the option of placing This Oiler Oscwhcre and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to ,muses not reasonably foreseeable which arc beyond its reasonable control and without its fnult of negligence. such acts of Gad, acts ofcivil or military authorities, governmental priontics, fires, strikes, bond, epidemics. wars or riots Provided that notice of the conditions cmuing such delay is given to the Purchaer within five (5) days of the time when the Seller first received know lodge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller wannum that all gad, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fro for the purposes intended, and performed with the highest degree of came and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may snffcr or incur on account of the Scllcrs 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 of any applicable waronty provided by the Seller fir the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gmds by the Purchaser shall not constitute a waiver ofany claim under this wumnty. Except as otherwise Provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach crafty of the foregoing wamntics or guarantees, but such liability shall in no event include Inns nfpmfit, or loss orate. NO IMPLIED WARRANTY ORMERCHANTABILITY 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 hems, other than legal hems, 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 or the time ofperformance hereunder. an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change onler. Terminate this agreement as to any or all portions of the goods then not shipped. ,object to ,a, equitable ndjustment between the panics as to any mark or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits can the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such ndjustment he made in favor of the Seller with respect to any gad which arc the Scllcrs standard stick. No such termination shall relieve the Purchaseror the Seller of any of fl cir obligations as to any gad delivered hcrmmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thin (30) days from the date the change or termination is ardcrcd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivercd 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 required to be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. q'he Seller agmcs to indcmnifv and hold the Purchaser hamlet fmm all cost, and damages suffered by the Purchaser is a result ofihc Scllcr, failure to comply with such Inv. 9, ASSIGNMENT. Neither party shall assign, transfer, or convey this order, crony monies due or to become due hereunder without the prior wntten consent critic other party. 10. TITLE. The Selicro amnts full, clear ail armstricicd title to the Purchaser for all equipment, materials, and items famished in perfomancc of this agreement. free and clear of any and all liens, restrictions, resetvunions, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of nay Tier from all liability and claims of any nature resulting Trans the performance ofsnch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. Mfocrs and employees Ofsuch puny. The Sciler's contractual obligations, including wamnty. ,hall not be deemed to be reduced, in any way, because such work is performed Or caused to he performed by the Purchaser. 14. PATENTS. \4'henevcr the Scllcr is required to use any design, device, material or process covered by letter. patent, trademark or copyright. he Scllcr shall indcmnifv and save harmless the Purchaur fmm any and all claims for infringement by reason of the use of such patented design, device, material or pmecss in connection with the contract. and shall indcmnify the Parchriscr for any cost, expense or damage which it may be obliged to pay by reason ofsnch infringement at any time during the prosecution or after the completion Willis work. In case said cquipmcnl. ar any part Ibercuf fr the intended use of the goads, is in such ,nit held to constitute infringement and the use of %aid equipment or part is enjoined, the Seller shall, at its man expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insalvent ar bankmpn, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaur withmrt liability. to. GOVERNING LAW. The definitions oftems used or the interpretation ofihc agreement and the rights ofill panics hemander shall be construct] under and governed by the laws ofihc State of Colorado, USA. The following Additional Conditions apply only in case, where the Seller is to perform work hereunder. including the sets ices of Scllcr, Rcpresentause(s), on the prcmi,scs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry 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 old/or mnuaials before Seller's final completion and acceptance, complete the work cat Seller', own expense and a the satisfaction of the Purchase,. When material, and equipment arc fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle came m nhc site and become responsible therefor as though such materials and/car equipment were being furnished by the Seller under the order. 01. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of workers, compensation, including Occupational 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 of the state in which the work is to he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with badily injury and death limits of cat least S300,0go for any One person, S500.009 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to pmvidc for such compensation and insurance. Bcbmc any of the Sellers or his contractor, employees shill do any work upon the premises of others, the Seller shall furnish the Purchaser with a ccnificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until abet the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herehy assumes the entire responsibility and liability for any and all damage. lass Or injury ofany kind or nature whatsoever to persons or pmperry, caused by or mulling form the execution ofihc work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hamlcss the Purchaser and any at 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 property to which the Purchaser may be put or snhiect by reason of any act. action, neglect. omission or default on the part of the Seller. any of his contractors, or any of the Scllcrs or contractars officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRecm. agents or employees al any time on account or by reason crafty net. action, neglect, omission or default of the Seller alms, of his contractors or tiny of its or their officcm, agents or employees as aforesaid, the Seller hereby agrees toas umc the defense thcrcof rand in defend the same m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceeding., and in ease judgment or other lien be placed upon or obtained against the Property ofihc Purchaser, or said parlic% in or as i result of such suits or other proceedings, the Sellerwill at once cause the same to be dissolved and discharged by giving bond or othcmisc. The Sellerand his contractors shall lake all safety precautions, furnish and install rill guards necessary for the prevention 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 mles and regulations issued pursuant thereto. Revised 0312010