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HomeMy WebLinkAbout119773 DISTINCTIVE WELDING INC - PURCHASE ORDER - 3212173City OfPURCHASE ORDER PO Number I Page 3212173 11 of 2 Collins This number must appear Flirt C ,�—J`-' ` on all invoices, packing slips and labels. Date: 01 /23/2012 Vendor: 119773 Ship To: WATER UTILITIES DISTINCTIVE WELDING INC CITY OF FORT COLLINS 700 W WILLOX LN 700 WOOD ST FORT COLLINS Colorado 80524 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 Utilities City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill It, 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6(M537 is registercd with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or dclav to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein Or by law, failure to Promptly notify the Seller in the rent of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the w'armatics or obligations of this purchase order and shall not be deemed a vraivcr of any right of the damage in toamit may be rcrumcd to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perficammec he cefor any ofits rights or remedies as mine such good,. regardless instructions floor the City of Fort Collins. of When shipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purported end mudification or rescission of this purchase order by the Purchaser operate ns a waiver litany of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on anneal. hereof. Final Acceptance. Receipt of the merchandise. .services or equipment in response to this order can restdt in 12. ASSIGNMENT OF ANTITR UST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by'the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claim% it may now have or hereafter Freight Tcrms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to pmpay freight and charge separately, the original freight purchased or acquired by the Parchnser 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 parts of the country, shipment is If the Purchaser directs the Scllcr In correct nonconforming or defective goods by a date to be ngreed upon by the expected front the clearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance, may cause the Work to he performed by the most expeditious means available to it. and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers .sale cost all necessary permits, certificates and liccncs required by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political sdxlb ision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Scllcr further agrees to held the City of Fart Collins harmless from 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. Authorization. All parties to this contract agree that the representatives are, in fact, bona Fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order exp vwly limits acceptance to the terms 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 terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if von cannot make complete shipment to active on your premised delivery date as anted. Time is ofthc esenee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparial late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God. acts ofcivil or military authorities, groeromental priordica rims, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser wilhin fire (5) days of the time when the Scllcr 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. }.WARRANTY. The Seller warrants that all goad, anichn. materials and Work covered by this order will conform with applicable drawings, specifications, samples and/or .,her 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 harmless from any loss, damage or expense Which the Purchaser mzv sufTa or incur on account of the Scllcrs breach of warranty. The Scllcr shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) Year or within such larger period of time as may be prescribed by law or by the terms of tiny applicable warranty pmvidcd by the Scllcr after the date of acceptance of the goods famished hereunder (acceptance ram to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warranties or gummnces, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions form the quantities nrquidly ordcled in the specification or drawings, by verbal or written change older. If any such change affects the amount due or the time ofperformance 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 grads then net shipped. subject to any equitable adjustment berwecn the panics as to any work or materials then in pmgrct provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted Penton of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scller with respect to any good which are the Sellers standard stock. No .such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for a1justmcat must be asserted within thirty' (30) days from the date the change or lermination is onlcred. S. COMPLIANCE WITH LAW, The Scllcr warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good 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 he incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hmntless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or com'cy this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr warrants full. clear and unrestricted title to the Purchaser forall equipment, mamrials, and items furnished in perfomance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances nod claims of others. The Seller shall release the Purchaser and it contractors of any tier fmm all liability and claims of any nature resulting from the perfmnu mee of soch work. This rcicase shall apply even in the event of fault of negligence of the party released and shall extend to the ditcclars. officers and cmployecn of such party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any Way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process entered by letter. patent trademark or copyright, the Scller shall indemnify and save harmless the Purchaser firma any and all claims for infringement by reason of the use of such patented design, device, material or pmces 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 ofsuch infringement at any time during the prosecution or after 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 mid equipment at pan is enjoined. the Scnet shall. at its own expense and at its option, either procure for the Parchamr the right to continue using said equipment or pans, replace the same With substantially equal but norrafringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Scllcr shall become insolvent or bnnkmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for ally of the Sellers property or businns, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used m the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the lams ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Scllcr is In perform work hereunder. including the seniecs of Scllcrs Reprcscntative(s), on the pmmiscs ofothcrs. 17. SELLERS RESPONSIBILI TY. The Scllcr shall carry on said work at Scllcr'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 Seller's final completion and acceptance, complete the Work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Scllcr, the Scller shall receive, unload, store and handle mme at the site and become responsible therefor as though such materials and/or equipment wire being furnished by the Scllcr under the order. 19, INSURANCE. The Scllcr shall. at his two expense, provide for the payment of earkers compensation, including occupational diserve benefits, to its employees employed on or in ennncetion With the Work covered by this purchase order. and/or to their depcodcrrs in accnrdancc with the laws of the state in which the Work is to be done The Scllcr shall also cam' comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bMily injury and death limits of at Icast S306.000 for any one person, S50 m,W0 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 Scllcrs or his contractors employees shall do any work upon the premises ofothcrs, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date When such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expire.,. The Scllcr 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 Scllcr hereby as. ume, the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature Whatsoever In person or property eanscd by or msmlling fmm the execution nfthe work provided for in this purchase order or in connection hermvith. The Scllcr Will indemnify and hold homeless the Purchaser and any r all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or induccl. and whether to persons or property to which the Purchaser may he put or subject by reason of any act action, neglect omission or default on the pan of the Scllcr. any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other proceedings shall be bmaght against the Purchaser, or its officers, agents or employees at any time oa nrecent or by reason of any act, action, neglect omision or default of the Scllcr of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the dcfcnse thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charge, attorneys fee and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their oRcers, agents or employees in such suits or other pmecedings. and in case judgment car other Tien be placed upon or obtained against the pmpcnv of the Purchaser, or mid panics in or as a result ofsuch suits or other proceedings. the Scllcr will at once cause fire same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all .safety precautions. furnish and install all guards necesmy for the prevention of accidents. comply With all laws and regulations with regard to m fety including, but without limitation. the Occupational Safety, and Health Act of 1970 and all mics and regulations issued pursuant thereto. Revised 0312010