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HomeMy WebLinkAbout446453 PRINT IT - PURCHASE ORDER - 3212231Fort Collins PURCHASE ORDER PO Number Page 3212231 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 446453 Ship To: WATER UTILITIES PRINT IT CITY OF FORT COLLINS 154 W MOUNTAIN AVE 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 Ordered Extended Price 2012 Blanket Order 1 LOT LS 20,000.00 Utilities C3. O✓la�sQ� 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from.ame and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-N[100587 is registered with the Collector of Failure of the Pumhowr to insist upon strict perfomanee of the toms and conditions hemor Future or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). '.."'tine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breech, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spccifications, cubes when shipped or due to defects of any of the wamatics or obligations of this purchase order and shall not be dimmed a uaiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hamfor any ofits rights or remedies as to any such goods, regardless instruction, from the City of Fen Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported aml modification or rest ission of this Purchase order by the Purchaser opcnc as a aafiver of any of the terms I nspecrion. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. 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 parr of the City of Fort Collins. Hmsxwetl it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dcpeadcal upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nine here or hcrcaficr Freight Team. Shipments musr be F.O.B., City of Fan Collins 700 Word St. Fort Collins, CO 50522, unless acquired under fcdenI or state antitrust laws far such overcharges relating to the par icul r goods or services otherwise specified on this wade, If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pamhxser 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 manufnemrem have distributing paints in various parts of the century. shipment is If the Purchaser directs the Seller to correct nonconfivrming or defective goods by a date robe agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchnscr and the Seller, and the Seller uhercafter indicates its inability m unwillingness to comply. dun Purchaser shipments are made From greater distance. may cause the work to be performed by the most expeditious means available to it. and the Scllcr shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mks of the state. municipality, territory or political subdivision where the work is performed, or expired by any other duly constituted public authority having jurisdiction a%cr the work of vendor. Seller further agrees to hold the City of Fan Collins hamlcss fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein .set forth and any supplementary or additional terms and conditions annexed hatch, ar incorporated herein by reference. Any additional or different terms and conditions proposed by scllcr am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and pcafnmenee must be effected within the time stated on the purchase order and the documents reached hereto. No acts of the Purchnscm including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision, In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably forewent a which are beyond its reasonable control and without its fault of negligence. .,rich acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of flit time when the Seller First received knowledge thereof. In the event crafty 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 aamnhs that all goad& articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description 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 hamlcss from any loss, damage or expense which the Purchaser may stffcr or incur on account of the Sellers breach of arm my. The Seller shall replace, repair or make good, without cast 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 terms crony applicable w'amnty provided by the Se to, after the date of acceptance of the good famished hereunder (acceptance not to he unreasonably delayed), ¢salting from imperfect tor defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this eamny. Except n otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or guarantees. but such liability shall in no event include loss effort or loss cruse. 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. CHANGE$ IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions from the quantities originally ordered in the specifications or dmwir . by verbal or written change order. If any such chance affects the amount due or the time ofperfamance hereunder. an equitable adiusmtem shall he made. fi. TERMINATIONS, The Purchaser may rat any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any cquiahlc adjustment between the panics as to any cork or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefiu an the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller w'ilh respect to any good which arc the Sellers standard stock. No such tcmbation 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 termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrant., that all goods sold hercundez 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 documents as may be required in 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 Purchaser hamlcss from all costs aad damages suffered by the Purchnscr 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 musics due or to become due hereunder without the prior wrieen consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title In the Purchaser for all equipment. mntcria Is. and items famished 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 fmm all liability and claims of any nature resulting Farm the perfnmirnee ofsa:h ends. This release shall apply even in the event of fault of negligence of the parry mler ed and shot) extend to the directors, nffeers and employees of such party, The Seller's contractual obligations, including warenty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he perfnmcd by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlcss the Purchaser from 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, expense or damage which it mnv be obliged to pay by reason ofs ch infringement at any time during the prosecution or after the completion affirm work. In case said equipment. or any pan thereof or the intended use of rho gook, is in such suit held to constitute infringement and the use of .said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either percent for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but mainfringing equipment, or modify it so it becomes nosinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknmt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperry o, business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties bartender shall be constmed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply m only in eases where the Seller is to perfowork hereunder. including the services ofSellers Representative s), on the premises ofoncces. 17. SELLERS RESPONSIBILITY, The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. dcuucuion or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Scllcrs rasa expense and to the satisfaction of the Purchase, When materials and equipment arc furnished by others for insmllmm. ar cretlion by the Seller, the Scllcr shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IN. INSURANCE. The Seller shall, at his own expense, pmvide fro the payment of wodoers cmnper sateen, including occupational disease beacrits, 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 done The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and dwth limits of at least S300,000 for any one person, 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, a pmvide for such compensation and insurance. Delete any ofthe Sellers or his contractors employees shall theory work upon flic premises of ethers, the Scller shall furnish the Purchnscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when site], eompenc Lion and insurance hive been pmvidcd. Stash certificates shall specify the date .when such compensation and insurance expires. The Seller 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 Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe 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 Purchnscr, off -"of, agents and employees from and against any and all claims losses, damages, charges or expenses, whether direct at 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cite any suit at other proceedings shall be bmnght against the Purchaser, 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 or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRccrs, agents or employees in such suits or other proceedings. and in ease judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said parries in or as a result of such suits or other proceedings. the Seller will at race cause the same to be dissolved and discharged by giving bond or other, ise. The Seller and his contractors shall take all safety precautions furnish and install all pumNs necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safcty and Health Act of 1970 and all rates and regulations issued pursuant theme, Revised 03/2010