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HomeMy WebLinkAbout104378 CUES INC - PURCHASE ORDER - 3212167PURCHASE ORDER PO Number Page City Of///��� 3212167 1 of z Flirt Collins This number must appear //_'',�=`J-' ` ` on all invoices, packing slips End labels. Date: 01/23/2012 Vendor: 104378 Ship To: WATER UTILITIES CUES INC CITY OF FORT COLLINS 3600 RIO VISTA AVE 700 WOOD ST ATTN: PAUL STENZLER FORT COLLINS Colorado 80521 ORLANDO Florida 32805 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 (REQ #19069) 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tem3s and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax excmptinns. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-W562. Federal Excise Tax Exemption Cenifieam of Registry 84-61N10587 is registered with the Collector of Intemxl Revenue, Den, cq Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to weer specificitinrw, either when shipped or due to defects of damage in tnnait. may he resumed to you for credit and arc not to be replaced except upon receipt of written instructions foam the City of Fon Collins. Inspection. GOODS arc subject to the City ofFort Collins inspection on arrival. 11. NONWAIVf:R. Failure Of the Purchaser to insist upon strict pefomarec of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of n breach, the acceptance ofur payment for goads hereunder or approval nfibe design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser m insist upon strict performance hercoforany of is 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 purported nml madificminn or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrmf. 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 he undcrstoad that FINAL Seller and the Purchaser recognize that in actual economic pnctice. Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdnrc,. 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins 700 Wood! St., Fort Collins, CO 80522. unless acquired under federal or state antitrust haws for such overcharges relating to the particular goods or services otherwise specified oa this order. If permission is given to pmpny freight and charge separately, 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 various pans of the country. shipment is tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed morn by the expected foam the nearest distribution point to destination, and excess freight will be deducted foam Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ate made foam greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable Inns, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is Performed. or rcquimd 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 i ncumd by them by reamn of an asserted or established violation of any such laws, regulations, ord inane, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order cxpmssly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hcrcto or incorpurated herein by reference. Any additional Or different tans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the tint, stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpa tial late deliveries. shall operate as a waiver of this prevision. In the event crony delay. the Punhamr shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsewhcre 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 reasonable control and without its fault of negligence. such acts of God, acts o(civil Or military authorities governmental pan conics, rites, strikes. Rand, epidemic,. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) days of the time when the Seiler 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 lost by reason of the delay. 3. WARRANTY. The Seller wvmnis 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 standarts for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser cony suffer or incur on account urine Sellers breach of wamnty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year Or within such longer period of time as may be prescribed by law or by the terns ofmw applicable warranty provided by the Seller inner the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting imam imperfect or defective work dune Or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach crime of the foregoing wamntics or guannices, but such liability shall in no event include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions form the quamitia originally ordered in the speeifications or dmwings, by verbal or wTmen change order. 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 at any time by written change order, terminate this agreement as to any or all portions of the goods then no shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgrcc 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 be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv Clain, for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, mid. 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 regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers Lxilurc to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent infirm other party. 10. TITLE. The Sdicr ssamnis full, clear and unre,tricted title to the Purchaser 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 Of others. The Seller shall release the Purchaser and its contractors of any tier foam all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pany released and shall extend to the directors. Officers and emplovees ofsueh party. The Seller', commmnul obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is t erfommd or caused to he performed by the Purchaser. 14. PA TEN VS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark Or copyrighl, 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 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 of the work. In case said equipment, or any part 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, wither procure for the Purchaser the right to continue using said equipment or pans. replace the seam, with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent Or bankrupt, make an assignment for the laced of creditors, appoint a receiver or tmsice for any of the Scllcr, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, of tans used or the interpretation critic agreement and the rights ofall panics hereunder shall be eon,stmed under and governed by the laws ofthe Stale of Colmodo. USA. The following Additional Conditions apply only in cases where the Seller is to perfmmt work hereunder. including the services of Sellers Representalivefs), on the premises of Others. 17, SELLERS RESPONSIBILITY. The Seller shall carry no ,aid work at Seller's own risk until the same is fully eomplded and accepted, and sha1L in use of any accident. de,toretion or injury to the work and/Or materials before Seller's fart completion and acceptance, cmnplete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Scllcr shall receive, unload. ,lore and handle same at the site and become responsible therefor as (hough such materials and/Or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seiler shall, at his own expense, provide 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 be drum. The Seller shall also carry comprehensive general liability including, but not limited to. eormou ual and automobile public liability insurance with bodily injury and death limits of m Iraq S300,000 fat any one person, 5500,000 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 employees 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 pmvided. Such certificates shall specify the date when such counpensatina and insurance have been provided. Such cer ifcata shall specify the date 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 assumes the entire responsibility and liability for any and all damage. loss or injury ofmy kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in ,his purchase orderor in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and agninst any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser cony he pot Or subject by reason of any act, action, neglect omission or default on the Pan Of the Seller, any of his contractors Or try of the Sellers or contractors officers, 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, 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 Seiler hereby agrees to asnme the defense thereof and to defend the same at the Seller; own expense, to pay any and all costs, charges attomcys fees and other expenses, any and all judgments that may be ineuned by or obtained against the Purchaser or any of its or their officers, ,agents or employees in such suits or other proceedings, 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 of such suits or other proceedings. the Seiler will at once cause the same to be dissob.cd 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 pmvention of accidents, comply with all law, 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 therein. Revised O0/2010