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HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 3212180 (2)PURCHASE ORDER PO Number Page City Of3212180 ' °f 2 FlirtCollinsThis number must appear CJ ,�-,J`-, ` on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 114084 Ship To: WATER UTILITIES EXPRESS SERVICES INC CITY OF FORT COLLINS 2850 MCCLELLAND DR #1100 700 WOOD ST FORT COLLINS Colorado 80525-2576 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 Total $40,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchnsc Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 9R-04502. Federal Excise Tax Exemption Certificate of Registry 84-64100587 is registered av ith the Collector of Intcmol Revenue, Denver. Colorado (Ref Colorado Revised Smarms 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or dire to defects of damage in transit, ram, be moaned to you for credit and are not to he replaced except upon receipt of written instruction, fmm the City of Fort Collins. Inspection. GOODS arc mhjeet to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist open strict performaacc of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the occ,,tancc efor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he deemed a ssnivcr of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such coeds, regardless of w$cn shipped, received or accepted, as to any prior or subsequent dcmuIt hereunder. nor shall any purported oral mndificalum .r reseisinn of this purchase order by the Purchaser operate as a waiver of any Of the terms hereof. Final Acceptance. Receipt of the merchandise. services Or equipment in response to this order can result in 12. ASSIGNMENTOP ANTITRUST CLAIMS. authorized payment on the pan 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 turnout ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact borne by the Purchaser. Theremfna, 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 hercn0cr Freight Terms. Shipments must be EO.B.. City of Fort Collins, 7M Wood St.. Fort Collins, CO R0522, unless acquired! trader federal or stare antitmst laws for such overcharges relining to the p:micular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight pnrchaucd or required by the Purchamr putsuant in this purchase order, bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manuficmrers have distributing points in various pans of the country, shipment is If the Purchnscr directs the Seller to correct nonconforming or defective goods by a date to he agreed ninon by the expected from the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereaficr indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work m be perfumed by the must cspeditin v, means available to it, and the Seller shall pay all costs ac mialcd with such work. Pennies. Seller shall pmeurc al sellers sole 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 perforated, or required by any other duly eonstitnted public authority having jurisdiction over the work of vond., Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mason of an asserted or established vinlation of any such laws, regulations, ordinances, odes and requirements. Auth rnmtion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchnsc Order expressly limits acceptance to the lemurs and conditions stated herein set forth and any supplementary or additional terms and conditions annexed heeoo 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 you cannot make cloodcre shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time ,rated no the purchasc aide, and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries shall operate n, a waiver of this provision. In the event of any delay, the Purchnscr shall have, in addition to other Icgal and equitable remedies, the option.1'placing this tilde, clsavhem and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such act of Gad, acts ofeivil or military authorities, govemmental priorities, fives. 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 lost by reason ofthe delay. 3. WARRANTY. The Seller Warrants that all goods articles, material, and work covered by this order will condition, with applicable drawings, specification:. sample, 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 standards for work of a similar manic. The Seller agrees to hold the purchaser harmless From any loss, damage or expense which the Purchnscr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or v,ithin such longer period of time as may he prescribed by law or by the mans of any applicable vmrmnty provided by the Seller aficr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Puchaser shall not constiututc a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall c#end to cell damages proximately caused by the breach of any of the foregoing warranties or gurnom ecs, but such liability shall in no event include loss of profits or loss of used NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by w'rincn change order. 5. CHANGES IN COMMERCIAL. TERMS, The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions from ,he qu.maics originally rodercd in the specifications or drawings, by verbal or .vritt change onler. If any such change affects the amount due or the time of performance heicunder. an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, .subject to any equitable adjustment betaven the panics as to any work or matoials then in pmgrcs provided that the Purchaser shall not be 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 aAiustmcm he made in favor of the Seller with ex,peet to any gwo& which arc the Sellers standard .stock No such termination shall relieve the Prnehascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asened within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. Thc Seller 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 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer. or convey this order, or any monies due or to become dire hereunder without the prier written consent of the other party. 10. TITLE. The Seller ..tit, 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, reservations, security interest encumbrances and claim, of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party, The Scllcr', contractual obligations, including w:vranty, shall not he 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 covered by letter. patent. trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser from onv 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 Ptimmscr 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 nOcr the completion Of the work. In ease said cquipnmnl, 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 awn expense and at its option, citlur procure for the Purchnscr the right to continue using said equipment or parts, replace the mate with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Scllcr shall become insolvent or bankmpt, make an assignment for the benefit of crce ilors, appoint a receiver or tmstce for any of the Sellers limitary or business. this order may forthwith be canceled by the Purchaser without liahilim. 16. GOVERNING LAW. The definition, of tents used or the interpretation oflhe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellers Reprcsentativc(s), on the premises ofothers, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accOned. 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 Seller's own expcmc and to the satisfaction of the Purchase, When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were bring furnished by the Seller under the order. 19. INSURANCE. The Seller 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 will, the Inca, of the ,fate in which the work is to be done. The Seller shall also carry comprehensive general liability including, bra not limited to, contractual and automobile public linbility insurance with bodily injury and death limits of at Ica,t S300.000 for any one le—. S50I,MO for any One accident and port damage limit per accident of S400,000. The Seller shall likavise require his contractors. if any, to provide for such compensation and insurance. Before any of the Scllcrs err his contractors employees shall do any work upon the prcmiscs ofmhels, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date When such compensminn and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he o n fumed until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby ussumcs the entire responsibility and liability for any and all durongc, loss or injury ofany kind or nature avhatsocvcr to persons or pmpcnv caused by or resulting fmm the cxceuiinn ofncc work povided for in this purchase order or in connection herewith. The Seller will indenutify and hold harmless the Purchaser and any or all of the Purchasers oRccm. agents and cmployccs fiver 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 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 Sellers or contractors officers. agents or employees. In case any suit or other pmccedings shall be brought against the Purchnscr, 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 tit employees as aforesaid, the Seller hereby agrees to assume the defense thereof nod to defend the same at the Sellers own expense, to pay any and all costs, charge,, attorney, fees and other cxpcnses any and all judgments that may be incurred by or ohmined against the Purchnscr or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchnscr, car said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be die calved and discharged by giving bond or otherwise. The Seller and his eontmeloo shall take all safety precautions, famish and install all guanls accessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but vvilhout limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant Ihercto. Revised 03/2010