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HomeMy WebLinkAbout200297 FIRST AID 2000 - PURCHASE ORDER - 3212185PURCHASE ORDER PO Number Page City OfCollins ��� 3212185 1 °f z Fort COIL I n CJ This number must appear ron all invoices, packing slips and labels. Date: 0112312012 Vendor: 200297 Ship To: WATER UTILITIES FIRST AID 2000 CITY OF FORT COLLINS 1554 RIVERSIDE AVE 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Ordered Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Utilities Total $10,000.00 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 Il, 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 95-0,1502. Federal Excise Tax Exemption Certificate of Registry 54-6000597 is registered with the Collector of Failure of the Purchaser to insist opon strict pufor namoc of the It., and condition, hereof, (allure or delay to Internal Re, cane, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (A). escuum any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the Acceptance ofor payment for goods hcmunder or approval ofthe design, shall not release the Seller of Goals Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of Any of the warranties or obligations of this pnchase order and shall not be deemed n waiver of nay right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict perfor iancc hercof m any of its rights or remedies is to nny such goods, rcgnrdlcss instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p imutird on1 nullification or ne,cision of this purchase order by the Purchaser operate as a waiver ofany write terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hercnf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcmdl in 12. ASSIGNMENT OF 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for exeeming this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercnfier Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wail St.. Fon Collins, CO 50522, unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods or services otherwis<specified on this order. If Permission is given to prepay freight and charge separately, the original (eight 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 SEI.LrRS OBLIGATIONS. Shipment Distance. Where manufaetumis have distributing points in various pans of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by A date to be agreed upon by the cspceRd from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr And the Scllcq 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 expeditious means available to it and the Seller shall pay All costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary pernits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, 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 harmless from and against all liability and loss incurred by them by mason 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 arc. in fact bona file and pesse,s full and complete authority to bind said panic . LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or di@rent corms and conditions Pmpoeed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to Arrive oa your promised delivery date as noted. Time is ofthe essence. Delivery and perfomtance must be eReeted within the time stated on the purchase order and the documents couched hereto. No acls of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operatc as a waiver o(this provision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this order elscwhcre and holding the Seiler liable for damages, [however, the Seiler shall not be liable for damages as a result of delays due to causes not masoaably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received know'Icdgc thereof, In the event of any such delay, the date of delivery shall be extended for the pentad equal to the time actually Last by reason of the delay. 3. WARRANTY. The Seller warrants 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 compctcncc in accordance with accepted standards for work of A similar nature. The Seller agrees to hold the purchaser harmless From any loss, damigc or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repoir or make good. without cost to the purchaser, any defects or faults arising within one (1) year err within such longer period of time as may be prescribed by law or by the max ofinv applicable warranty provided by the Seller After the date of acceptance ofthe goods furnished hereunder (acccpnnce not to be unrcascnably delayed), resulting (ram imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser .shall not constitute A waiver culture claim under this warranty. Except As otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ware ones err guanntees, but such liability shall in no event include loss ofpmfits or loss of tt c. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal hums by written change order. 5. CI TANG ES IN COMMERCIAL TERMS. The Purchaser may make any changes to the looms, other than legal Lemma, including additions to or deletions from the quantinA, originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfarmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the grinds then not shipped, subject to any equitable adjustment between the panics As to any work or materials then in pregres 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 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 Purchascr or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The 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 orc idence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indcmni[v and hold the Purchascr harmless from till costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha pony shall align, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr wwrnnts full. clear and 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 of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance of such work. This release shall applyeven in the event of fault of negligence of the parry released and shall extend to the directors, ollieers and employees ofmch pony. The Seller's contactual obligations, including oamnty, shall not be deemed In he reduced, in any may, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seiler 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 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 Any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement At any time during the prosecution or anet the completion of the work. In ease 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 mid 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 so it hmernes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an Assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellets pmperty or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The donnitions nftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is In perform work hereunder, including the services of Sellers Reprcentmive(s), on the premises ofethers 17, SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Scllce, own risk our the mac 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 at Seller's mvn espauc and to the satisfaction of the Purchaser, \\Ten materials and equipment ore finnished by others for installation or Antenna by the Seller, the Seller shall receive, unload. some and handle same at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order, IS. INSURANCE. The Seller shall, at his own expense, povide for the payment of workers compensation, including occupational disease benefits, to its employees employed On err in connection with the work covered by this purchase order. and/or to their dependents in accordance With the laws ofthe state in which the work is to he done. The Seller shall also carry eomprchemive general liability including, but not limited to, contractual and automobile public liability insurance with bodity injury and dcnth limits of at least S300.000 for any one person, 550g000 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 insurnnce. Before any ofthe Sellers or his contractors employees shall do any work upon the pocruses efmhers, the Seller shall famish the Purchascr with A certificate that such compensation and insurance have been pmvided. 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 expires. The Seller agrees that such compensation and inscnnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller huchy Assumes the entire responsibility and liability for any and all damage loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase unlerm in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or All of the Purchasers effects, agents and employees from and against any and All claims, losses, danages, charges or expenses, whether direct or indirect, and whether to persons or Property to Which the Purchisr may be per or subject by reason of Any act, action, neglect, omission or default on the pin ol'thc Seller, any of his contractors, or any 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 on default of ncc Seller of any of his contractors or any of its or Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all coats, charges. Attorneys fee and other expenses. any and All judgments that may be incnrrcd by or obtained Against the Purchaser or any of its or their officers. agents or employees in such suits or other pmeccdings, and in case judgment or other lien be placed upon or obtained against the pmpcny ofthe 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 disul, ed and discharged by giving bond or other, isc.'rhe Seller and his contractors shall take all safety Precautions, fumish and install all guards neecsmry for the pro%cation 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 odes and regulations issued pursuant thercm. Rcviscd 03/2016