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HomeMy WebLinkAbout130687 WORK FITTERS TOOL & SAFETY - PURCHASE ORDER - 3212261PO PURCHASE ORDER 3212261 Page City Of 212261 1 of 2 `t Collins This number must appear {, on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 130887 Ship To: WATER UTILITIES WORK FITTERS TOOL & SAFETY CITY OF FORT COLLINS 1554 RIVERSIDE AVE 700 WOOD ST FORT COLLINS Colorado 80524-4326 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 1 LOT LS 8,000.00 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 Total $8,000.00 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 excnmtions. By statute the City d Fort Collins is exempt from state and local laze. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6,70050 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or Ada, to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or remedies provided hcrcin or by lase, failure to promptly notify the Seller in the avert of a breach, the acceptance ofor payment for goods hereunder or approval ofihc design, shall not release the Selleruf Cords Rejected. GOODS REJECTED due to failure to meet specifications, either vhen shipped or due to defects of any of the wnmrties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any ofit rights or rcmedics as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received of accepted. as to any print or subsequent default hereunder, nor shall any putpor ed can modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tarts Inspection. 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. outbound payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antilmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in foci home by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrealler Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antilmst Incas for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given In prepay freight 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 beaccepted. 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 robe agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to he performed by the most expeditious means available to it and the Seller shall pay all cosh nssociatcd wilh such work. Pemtit . Seller shall procure e1 sellcon sole cost all necessary permits. certificates and licenses requited by all applicable Imss, regulations. ordinances and mles of the state, municipality, territory or political subdivision where The mark is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fact Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order espresly limits acceptance to the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or 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 of the essence. Delivery and pMormance must be affected 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 as a wmiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplicing this order clscwhcre and holding the Seller liable for damages. However. the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God. acts ofeivil or military authorities, governmental priorities. Gres. strikes, Bond, epidemic, wars or riots pmvided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller font received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the fine actually lost by reason of the 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 competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. 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 terms ofany applicable w'amnly provided by the Seller after the dare of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from in, ar defective work done or materials famished by the Sella. Acceptance or use of grad by the Purchaser shall nor constitute a waiver ofany claim under this warranty. Except as mhcru'isc provided in this purchase order, the Scllcrs Iiability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmmntics or guamatees, but such liability shall in no event include loss of profits or lass 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 tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal term. including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change oNer. If any such change affects the amount due or the time ofperformance hereunder, as 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 work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or consequential damage. and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers; standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered heeunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the data the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller wamnts 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 are subject The SelIeT shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to he incorporated in agreements of this character are 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 monies due or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Scllcr wamnts (all, clear and unrestricted title to the Purchnscr forall 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 others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims ofany nature resulting front the perfomtnnce ofsuch work. This release shall apply even in the Dent of fault of negligence of the party released and shall extend to the directors. o@cem and employees nfmch party. The Sellers contractual obligations, including warm, nry, shall not he deemed to he reduced, in any way, boemuse such work is perfommd or caused to be perfomed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use any design, device, material or poi covered by letter. parent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material or proem in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damnge which it may be obliged to pay by reason of such infringement at any time during the prosecution or afer the completion of the work. In ease said equipment. or any pan Ihcreef or the intended use of the goods, 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment or modify it so it becumcs anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrapl, make an assignment for the hcacft of creditors, appoint a receiver or trustee for any of the Sellers pmpcnv or business, this order may forthwith be canceled by the Purchaser without lit ility. Ib. GOVERNING LAW. The definitions ofmons used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed tinder and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heormder. including the services of Sellers Repmsenlative(s), mu the premises of olhers. I", SELLERS RESPONSIBILITY. The Scllcr shill carry on slid work at Seller's own risk until the same is fully completed and necepted, and shall. in ease of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment are Furnished by others for installation or erection by the Scllcr, 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 under the order. 19. INSURANCE. The Scllcr shall, at his man expense, provide for the payment of workers coniperrsmion, 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 done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and antomabile public liability insurance with hodily injury and death limit of tit least S300,f rrp for any one person. 5500.000 for am' one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contactors, if any: to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall flurry work upon the prem iscs of others, the Scllcr shall furnish the Purchascr 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 Scllcr agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Immbv assumes the entire responsibility and liability for any and all damage, loss or injury of any 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 am, r all of the Purchasers officers, 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 Seller, any of his contractors, or any 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 reason of any act, action, neglect omission or default of the Seller of any of his contractars or any of its or their oRccrs, agents or employers 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 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 property of the Purchase,. or said panics in or as a result of such suits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or othewise. The Seller and his contractors shall take all safety precaulione, furnish and install all guard necessary for the prevention of accidents, comply w'ilh all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant themm. Revised 03/2010