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HomeMy WebLinkAbout130122 KING SURVEYORS INC - PURCHASE ORDER - 3212205PURCHASE ORDER PO Number Page City Of 3212205 1 of 2 ' `t Collins This number must appear ` ' 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 130122 Ship To: WATER UTILITIES KING SURVEYORS INC CITY OF FORT COLLINS 650 EAST GARDEN DR 700 WOOD ST WINDSOR Colorado 80550-3157 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Surveying Total 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 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By stanite the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Cenifiente of Registry 84-6000597 is registered with the Collector of I ntcmal Revenue. Denver. Colnmdo (Ref Colorado Raised Statutes 1973, Cheptcr 39-'_b. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions fmm the City offer: Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tams and conditions hereof, faiture or delay to exercise any rights or remedies provided hercin or by law, failure to promptly notify nlie Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of any of the warantic5 or obligations of this purchase order and shall net be deemed a waiver of any right ofthe purchaser to insist upon strict performance hereofor any of its 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 purprned awl modification or rescission 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 oiler can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to he understood thin 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 are in fact home by the Purchnscr. Theretofore, for good cause and as consideration for executing this purchase office 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 Fan Collins, 700 Wood St., Fen Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhascr pursuant to this purchase order. bill most accompany imaicc. 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 If the Purchaser directs the Seller to correct 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 front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made Tom greater distance. may cause the work to be perfumed by the most cxpeditinus means available to it and the Seller shall pay all costa associated with such work. Pertains Seller shall procun, it 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 performed, or required by any other duly constituted public authority having jurisdiction aver The work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinanees, miss and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, horn fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tent and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfcrcncc. Any additioual mr different terms and conditions proposed by seller arc objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to orrice on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the decomems attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option ofpincing this order elsewhere 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 ofnegligenec, such act of God, acts ofeivil cur military authorities, go a mmental priorities fires, strikes. Bad, epidemics wars nr riots presided that notice ofthe 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 of the delay. 3.WARRANTY. The Seller wamnty that all good, mticics, materials and work covered by this order will confnu m with applicable drawings, specifications, samples and/tar other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can, and competence in accordance with accepted standards far work min ,similar nature. The Seller agrees to hold the purchaser harmless from any Inca, damage or expense which the Purchaser may suffer or incur on amount of the Scllcrs breach of warranty. The Seller shall replace. repair or make good, without cosl to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed bylaw or by the terms of any applicable warmary provided by the Seller ,net the date of acceptance of the grad famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othcn%ise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing vvarnmtics orguaramecs, but such liabilityshall in no crvcnt include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 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 terms, other than legal terms, including additions to or deletions To... the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affect the amau t due err the time ofperformance, hereunder, 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 gads then not shipped subject to any equitable adjustment betmasn the parties as to any work or materials then in ,regress provided that the Purchaser shall not be liable for any claims fat anticipated profits on the uncompleted Portion ofthe good and/or work, for incidental or cousegtrenlial damages. and that no such adjustment be made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered. 8. COMPLIANCE WITfl LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such dacuments as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted 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 oth am. The Scllcr shall release the Purchaser and its contractors of any tier fmm 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 party released and shall extend to the directors, oB'mcrs and employees ofsech party. The Seller's eontmetual obligations including vramnty. shall not be deemed to be reduced, in any was. because such work is performed or caused to be perforated 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, front any and all claims far 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, expcasc 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 pan Ihereaf or the intended use of the goods, is in such suit held to constitute infringemenl and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continua using said equipment or pans, replace the same with olsmartiafy equal but noninfringing egnipmcnt or modify it so it becomes noninfringing. IAINSOLVENCY. 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 Sellers property or business, this order may forthwith be canceled by the Pumhascr without liability. I & GOVERNING LAW. The definitions oftemt used or the interpretation ofthe agreement and the rights ofall parties hereunder shall he conctmcd under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in eases where the Scllcr is to perform work hereunder, including the services of Scllcrs Rep sesentauve(s), on the premises ofothcrs. 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 and/or materials before Seller's final completion and acceptance, complete the work st Sellcr'.s awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive. unload. store and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. 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 with the laws of the state in which the work is to be dene. The Seller shall also entry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least S300.0110 for any one person, S500,000 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 Scllcrs or his contractors employees shall do any work upon the prcntiscs ofothcrs, the Seller shall famish the Purchnscr.with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained nail 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 ofany kind or nature whusacver to persons or property caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all ol'the Purchasers offcers, agents and employees fmm and ngainst any and all claims, losses, damages. charges or expenses, whether direct or indirect. and whether In persons tar property to which the Purchnscr may he put or subject by reason of any ect action, neglect. emission or default on the Pan of the Scllcr, any of his contractors, or any of the Scllcrs or contmders officers, agents or employees In case any suit or other pmceedings shall be brought against the Purchaser, or its officers, agent 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 nr Ihcir offcem, agents for employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the. ame m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses any and all judgments that may he incurred by or obtained against the Purchaser or any of it or their officers, agent or employees in such suits or other proceedings. and in ease judgment or other lien he placed upon for obtained ogainst the property ofthe Purchaser. or said panics in may a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safery and Health Act of 1970 and all rules and regulations issued pursuant theism. Revised 03/2010