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HomeMy WebLinkAbout102876 MOUNTAIN STATES PIPE & SUPPLY CO - PURCHASE ORDER - 3212218PURCHASE ORDER PO Number Page City Of 3212218 1 of 2 ' 6rt Collinshis number must appear 1 ,�7 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 102876 MOUNTAIN STATES PIPE & SUPPLY CO 111 W LAS VEGAS COLORADO SPRINGS Colorado 80903 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 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 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 1. COMMERCIALDFTAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and Inca) taxes. Our Excerption Number is 98-04502. Federal Excise Tax Exemption Cer Ocala of Registry 54-6,000587 is registered with the Collector of Internal Revenue, Denver. Colomdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED duc to failure to meet specifications, either when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to he replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS am subject to the City of Fnn Collins inspection nn arrival. 11. NONWAIVER. Failure fifth, Purchaser to insist upon strict performance ofthe terns and conditions hereof, failure or delay in exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the meat of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and .shall not he dremed a waiver of any right of The purchase to insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any priar or vubsmqu,nt default hcrmmdrn or shall any purpreed mod modification or rescission of this parchasc order by the Purchaser operate as a waiver of any of the terms hce,of. 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 Fen 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 are in fact borne by the Purchaser. Theremfore, for good cause and as consideration for c,mading this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercalt" Freight Term,. Shipments most be F.O.B., City of Fen Collins, 700 Wood St.. Fort Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the panicular goods or services othenviu specified on this order. If permission is given to prepay 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 mmnufncturem have distributing points in various pans of the country. shipment is Ifihe Purchaser directs the Seller to correct nonconfoming or defective goods bya date to be agreed open by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability or urn villingnes to comply, the Purchaser shipments arc made from greater distance, may cause the work to be performed by the most expeditions means available to it, and the Scllcr shall pay ell costs associated with such work. Permit,. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the .state. municipality, territory on political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the City of Fen 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, relies and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions start herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by ullin-me objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthc essence. 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 ofpanizl late deliveries, shall operate as a waiver of this prevision. In the event of anv delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hmveven the Seller shall not be liable for damages as a result of delays due to causes not reasonably fore mcable which arc beyond its reasonable cement and without its fault of negligence, such act of God, acts fcivil or military anthoritics, governmental priorities, fares, strikes. flood, epidemics, weds 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 Just rcccivcd 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, 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 enmpetena in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamlm from any loss, damage or expose which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnry. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tarns ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance root to be unreasonably delayed), resulting from inmperfcct or defective work done or materials famished by the Seller. Acceptance or use of Sonds by the Purchaser shall not emnstihdc a waiver affray claim under this want, any. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages pmxinurly caused by the breach of any of the foregoing ware macs or guarantees, but such liability shall in no event include dos of profits or loss of uses 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal urms, including additions to or deletions form the qu ntitics originally omcmd in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperfnmance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any wnrk or materials then in progress 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 he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such temination .shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temdnution is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all gods sold hereunder shall hayc been produced, sold, delivered and famished in strict compliance with all applicable laws and reg lotions to which the goods are subject. The Seller shall execute end deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorpomed 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 failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any nannies due or to become due her ender without The prior written consent of the other parry. 10. TITLE. The Seller ..at, full, dear and unrestricted title to the Purchaser for all cqu ipmcnt, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, scarcity interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier form all linbi lily and claims of any nature resulting from the pufomuunce ofsueh work. This release shall apply even in the event of fault of negligence of the Party released sad shall extend to the directors, effects and employees oLaueh party. The Seller's contractual obligations, including wamnry, shall not be deemed to he reduced, in any way, bceanm 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 form any and rill 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 on damage which it may be obliged to pay by mason of such 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 snit held to constitute infringement and the use of said equipment m pan is enjoined, the Seller shall, at its own expense and at its option. either procure, for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but moninfringing equipment, or modify its, it banes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or banknpt. make an assignment for The benefit of creditors, appoint a receiver or tmstre for any of the Scllcr, property or busincs, this order may forthwith be canceled by the Purchaser without liability. r If. GOVERNING LAW. The definitions oftems used or the in cipren Lion ofthe agreceent and the rights ofall parties hereunder -shall be construed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder. including the services of Scllcrs Reprcscntativefsk on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees 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 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 Seller shall receive, unload. sure and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under The order. I S. 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 covcml by this purchase order. and/or to their dependents in accordance with the Iron of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300d00 for any one permn. S500,000 for any one accident and progeny 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 of others. the Seller shall famish the Purchaser with a ,nifific il, that such compensation and insurance have here previded. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificatesshall specify the date when such compenamion and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and nceepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respensibility, and liability for any and all damage, lus or inbey ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the excenlion 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 of the Purchasers oRecm. agents and employees form and against any and all claims losses, damages. charges or expenses. whether direct or indirect. and whether to persons or preperty, to which the Purchaser may be put or subject by reason of any net, action, neglect, omission ar default no the pan of the Scllcr, any of his contractors. or any of the Sellers or contractors officers, agent 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. emission or default of the Seller of any of his contractors or any of its or Their officers, agents or employees its aforesaid, the Seller herby agrees to assume the defense therenf and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments tbm may be incurred by or obtained against the Pumhascr or any of its or their officers, .agents or employees in such suits or other proceedings, and in case judgment or ether limn he placed upon or obtained against the property of the Purchaser. of -said panics in or as a result ofsuch suits or other proccedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or othcnvise. The Seller and his contractors shall take all safety precautions, furnish and install all Surds necessary for the prevention of accidents, comply with all Imes and regulations with regard to sfcry including. but without limitation, the Occupational Safety and Hcalth Act of 1970 and all rates and regulations issued pursuant therein. Revised 03/2010