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HomeMy WebLinkAbout171679 SUNSTATE EQUIPMENT CO - PURCHASE ORDER - 3212247City of F6rt Collins Date: 01/23/2012 Vendor: 171679 SUNSTATE EQUIPMENT CO PO BOX 52581 PHOENIX Arizona 85072-2581 PURCHASE ORDER PO Number Page 3212247 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: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 BLANKET ORDER UTILITIES Ra� 2. O!le:�o-Qs� 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: 15,000.00 $1 City of Fort Collins Accounting Department PO Box 580 Font. Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDFTAILS. Tax escmptimi, By statute the City of Fn" Collins is exempt from state and local in,,, Onr Ese,uptino Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6(100587 is registered with the Collector of Failure of the Purchasef to insist upon strict performance ofthe tems and conditions hereof, failure or delay to Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Smtates 1973, Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the mcnt of a breach. the acccptzncc ofar payment for goods hereunder or approval ofthe design, shall not rclersc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be decreed a waiver of any right of the damage in must. may be remmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercoforany of its rights or remedies as to any such goods. regardless instruction, from the City effort Collins, of when shipped, received or accepted. as to any prior or subsequent default hereunder. not shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Ierma Inspection. GOODS are subject to the City of Fen 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 pan of the City of Fart 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 consideratian far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have ar hereafter Freight Tents. Shipments must be F.O.B., City of Fan Collins, 700 Wood St.. Fora Collins, CO 90522, unless acquired under federal or state antim st lams for such overcharges relating to the I aniculor goods or services otherwise specified on this aide, If prnnission is given to prepay (night and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most 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 good by a date to be agreed upon by the expected foam the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made (ram greater distance. may cause the work to be performed by the most cspeditieus means mailable to it, and the Seller shall pay all costs osseciamd with such work. Permits. Scllcr shall procure at sellers sale cost ell necessary penults, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory ar political subdivision where the work is pMormed. ar matured by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an assencd or established violation of any such laws, regulations, ordinances, odes and mquircmcncs. Autharintion. All parties to this concoct agree that the momsentruncx are. in fact, ban. fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hacto or incorporated httcin by reference. Any additional or different terms and conditions proposed by seller arc 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. Tim, is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. Shall opcim: as a waiver ofthis prevision. 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 ofn,gligenec, such oar of Gnd, acts o(civil or military authorities, gavenm,nml priorities, Ores, mikes, Bond, cpidcmics, was or riots pmvidcd that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 lathe time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnis that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfomed with the highest degree of cam and competence in accordance with accepted Standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year m within such longer In rind of time as maybe prescribed by law or by the terms of any applicable svammy provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not to be unrcnannnbly delayed), rcndting from imperfect or defective work done or materials famished by hhc Scllcr. Acceptance or user of goods by the Purchaser shall not constitute a mancr ofany claim under this wamnty. Except as otherwisc pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in an event include loss ofpmlits ar 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 hems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Patch., may make any changes to the toms, other than legal terms, including additions to or deletions from the quantities originally ordered in the speeiticminas or drawings, by verbal or written change order, If any such change affects the amount due or the time nfperfrmancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Icminate this agreement as to any or all Portions of the good then ram shipped, subject to any equitable adjustment between the parties as to any Work nr 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 be made in favor of the Scllcr with respect to any grads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods del ivcred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be as. eyed within thirty (30) days fmm the date the change or Iemination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnt, 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 am subject. The Seller shall execute and deliver such documents is may be required to 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 indemnifv and hold the Purchaser harmless from all costs and damages si ffcrcd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, minister. or convey this order, or any monies due or to become due mmunder without the prior %%linen consent ofthe other parry. IO.TITLE. The Seller woorm s full, clear and unin, meted tine to the Purchaser for all equipment, materials, and items furnished in perfomancc of this agreement, free and clear of any and all liens, restrictions, reservations, Security interest encumbrances and claims creches. The Seller shall release the Purchaser and its contractor, of env tier from all liability and claims of any nature resulting fmm the performance ol"such work_ This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations. including warranty, shall not be decmcd to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any do ion, device. material or potems covered by Iene,, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser fmm 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 Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any time during the pmseentian or aRer the completion of the work. In ease 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 or part is enjoined. the Seller shall, at its own expense and at its option, either pmeure for the Poubmer the right to continue using said equipment or pans replace the same with substantially equal hot noninfringing equipment or modify it so it becomes annimbinging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpp make an assignment for the benefit of crelilon. appoint a receiver or trustee for any of the Scllcrs property or business, this order may fonh"ilh he crime led by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe rgrecou nt and the rights of all panics hereunder shall be construed under and governed by the lams ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcramder. including the services of Scllcrs Reprcsentativc(s), on the premises of others, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 ,aeceptanec, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials ,and equipment ore furnished by others for installation or erection by the Scllcr, the Seiler shall receive, unload. store and handle same at the site and become responsible therefor as though such matmals and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Seiler shall, at his own expense, provide for the payment of workers compensation, including occupolional disease benefits. to its employees employed on or in connection with the work covered by this purchase rude,, and/or to their dependents in accordance with the laws ofthe state in which the stork 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 ar least S300,000 for any one pes.r. 5500.000 for any one accident and praNny damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Scllcrs or his contractors cmployccs shall do any .work upon the premises ofothers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dote when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires, The Scllcr 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 Imwby assumes the entire responsibility and liability for any and all damage, loss or injury ofavy kind or nature whatsoever to persons or property caused by or resulting (mom the execution ofthc work pmvidcd fnr in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices, agents and employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or 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 Scllcr, any of his contractors, or anv 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 mason of any act, action, neglect, omission or default of the Seiler of any of his contractors or any of its or their officers, agents at 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, attom,ys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offccrs. agents or employees in such suits or other proceedings, and in case judgment or other Iicu be placed upon or obtained against the pmperty ofthc Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Scllcr 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 precauhinns, fumish 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 mles and regulations issued pursuant thereto. Revised 03/2010