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HomeMy WebLinkAbout129763 RED ARROW MANUFACTURING - PURCHASE ORDER - 3212233City of Fart Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 129763 RED ARROW MANUFACTURING 1761 E 64th AVE DENVER Colorado 80229 PO Number Page 3212233 1of2 This number must appear on all invoices, packing slips and labels. 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 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Tcrins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tnx exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Cenificurc of Registry 84-6(100587 is registered with the Collector of Internal Revenue, Dcnveq Colomdo (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 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 mwmcd to you for credit and arc not to he replaced except upon receipt of written instn¢tieas Than, the City of Fort Collins. Inspection. GOODS arc subject to the City of Fan Collins inspection on amval. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomancc of the terms and conditions been(. failure of delay to exercise any rights or remedies pmvidcd herein or by Irv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hermmder or approval ofthc design, shall not release the Seller of any of the u'ammics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict perfomancc herenfor any ofils rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral 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 order can result in 12. ASSIGNM ENT 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 fmm antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection proadams violations are in fact borne by the Purchaser. Theretofore, 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 hereaner Freight Tcros. Shipments must be F.O.D.. City of Fan Collins. 7(M) Wood St. Fort Collins, CO 90522, anlecs acquired under federal or state maitmst laws for such overcharges relating to the panialnr goods Or services otherwise specified on this order. If permission is given to prepay (might 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 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 In be agreed upon by the expected fmm the nearest distribution point to destination, and excess fmight will be deducted Tom Invoice when Purchaser and the Seller, and the Seller Iherenficr indicates its inability or unwillingnes to comply, the Purchaser shipments arc made Ram greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cats associated with such nark. Permits Seller shall preeme at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public mnhonty having jurisdiction over the stork of vendor. Seller further agrees to hold the City of Fan 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, ondinances. mlcs and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess fell and complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary of additional toms and conditions annexed hereto or incorporated herein by reference. Any additional of different terms and conditions proposed by seller are objected to and 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 ofthe 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 ofpanial late deliveries, shall operate ns a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other kcal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. Hmevcr. the Seiler shall not be liable for damagcs as if result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ol negligence. such acts of God, acts ofcivil or military authorities, gnvernnrcntal prinntics, lines, strikes fond, epidemics, wars or riots pmvided that notice of the conditions cursing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event crony 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 xmmnts that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be tit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of it similar nature. The Seller agrees to hold the purchaser harmless from any los, damage or expense which the Purchaser may suffer or incur on account of the Scllers breach of w'amnty. The Seller shall replace, repair or make good, without cost In the purchaser, env defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tams of any applicable wamnry provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting Foam imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim underthis wamnry. Except as othcnrisc provided in Ihis purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach crony of the foregoing warranties or guamntea, but such liability shall in no event include Ins ofpmfits or lossof 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 Tcros by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purer.., may make any changes to the tams, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or rritwn change order. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wrinem change order, mminam this agreement as to any or all portions of the greats then not shipped, subject to any equitable adjustment berwren the parties as to any work or materials then in progress pmvidcd 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 M 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 Seiler crony of their obligations as In 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 tcmminntion 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 lams and regulations to which the goods am 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 arc hereby incorporated herein by this reference. The Scllcr agrees In indemnify and hold the Purchaser hamlcs from all costs and damages suffered by the Purchascr as a result of the Scllers failure to comply with such lain. 9. ASSIGNMENT. Neither Party shall assign, transfer, or convey this order. or any monies due or to become disc hereunder without the prior written consent -of the other parry. 10. TITLE. The Seller wamnts full, clear and uareshieted title to the Purchaser for all equipment. materials, and items famished in perfomancc of this agreement, free and clear of any and all liens, restrictions, rewmatious, saunty, interest eneumhmaces and claims of others. The Seller shall release the Porchascr and its contractors of any tier fmm all liability and claims of any nantre res lting fmm the pafomaace 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, officers and employees of smh party. The Seller's contractual obligations, including "am,ntys shall not be deemed to be reduced, in any way, because such work is performed or caused In 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 fmm any and all claims for infrinarocot by reason of the use of such patented design, device, material or pmecs in connectian with the contract, and shall indemnify the Purchaser fnr any cast, expense or damage which it may be Obliged to pay by reason of such infringement at any time during the paw ccadion 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 suit held to constitute infringement and the use of said equipment of pan is enjoined, the Seller shall, at its one expense and at its option, tither procure for the Purchaser the right to enntinac using said equipment of pans, replace the same with substantially equal but noninfringing equipment, of madify it so it hmnmcs noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent nr hankrap, make an assignment for the bencft of creditors. appoint a mai ver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of rcros used or the interpretation ofthe agreement and the rights of till parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the senias of5cllers Reprcsentative(.$), on the premises ofothcm. 17. SELLERS RESPONSIBILITY. The Seiler shall earn on said work at Scllers man risk until the same is fully completed and accepted and shall. in case of any accident. th druction or injury to the stork and/or materials before Sellers final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Parehaser. 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 being furnished by the Seller tinder the order. 18, INSURANCE, The Seller shall, at his own expense, provide for the payment of workers contperextion, 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 ofthe state in which the work is m be done. The Seller shall also carry comprehensive general liability including, bat not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S: m.001) for any one person, 5500,IX10 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, m provide for such compenc Lion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises Ofothers. the Sclicr shall famish the Purchaser with a anifieam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall .specifv the date when .such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mainm rued until it,, 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, Inss nr injury ofi ny kind or nature whatsoever to persons or property caused by or resulting front the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any net. action. neglmt. omission or default on the part of file Scllcr, any of his contractors, or any of the Scllers or contractors atficen. agents or employees. In ease any .suit or other proceedings .shall be brought against the Purchaser, or its officers. agents or employees al 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 offiam agents or employees as aforesaid, the Seller hacbv 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 Purchascr 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 Purchaser, or said parties in or as a result ofsuch snits or other proceedings, the Scllcr will at once cause the same to he disah cd and discharged by giving hand or otherwise. The Seller and his contractors shall take all safety precautions, furnish 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 Safety and Health Act of 1970 and all rules and regulations isucd pursuant thereto. Revised 03/2010