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HomeMy WebLinkAbout133608 ANLANCE PROTECTION LTD - PURCHASE ORDER - 3212265PURCHASE ORDER PO Number Page City Of///��� 3212265 ' of z Collins This number must appear Fort C` ,��—,J`-' ` on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 133608 Ship To: WATER UTILITIES ANLANCE PROTECTION LTD CITY OF FORT COLLINS PO BOX 2401 700 WOOD ST FORT COLLINS Colorado 80522 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 40,000.00 Water Utilities Dept. Total $40,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax cacmptions. By statute the City affect Collins is exempt from sate and local macs. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Creifieate of Registry M-f006587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. 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 renamed to you for credit and arc not to be replaced except upon receipt of written insmdions form the City of Fort Collinn. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pnformance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by Inw, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hercundec or approval of the dc: ign, shall not release the Seller of any of the ware tics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance heonfor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral m diflation or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms 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 part of the City of Fort Collins However, it is to he understood that FINAL Scllcr and the Purchaser rccrgoize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, oink ier, are in fact bemc by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it nosy now have or hereafter Freight Tcros. shipments must be F.O.B., City of Fun Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pcmission is given to prepay freight and charge o pemtcly, 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. IA. PURCI IASE,RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the purchaser dinners the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Parchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. 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 or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the wrack of vender. Seller further agrees to hold the City of Fort Collins hamdess fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Amhari alion. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill 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 or additional tans and conditions annexed heron or incorporated herein by reference Any additional or different terms and conditions proposed by roller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery date as noted. Time is ofthe essence. Delivery and performance mast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purohascrx including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order clacwhere 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 forc;ccable which am beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars 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 first received knowled•;e therenf. 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 pMormcd 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 Purchascr may suffer or incur on account ofthe Sellers breach of wamnty. The Scllcr 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 he prescribed by Icy or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, The Sellers liability hermmder shall extend to all damages proximately crossed by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits nr loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchascr may make any changes to the term, other than legal more, including additions to or deletions I m the quantities originally ordered in the specifications or drawings, by verbal or arinen change order. If any such change affects the amount due or the time ofperfomance hereunder. an equitable adiustrncnt shall be made. 6. 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 parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or mark, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hecunder. 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 warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subjw. The Seller shall execute and deliver such documents as may be required to effect orcvidcnec compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamdess form all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 parry. 10. TITLE. The Seller,,,mat, full, clear and unrestricted title to the Purchascr for all equipment, mmenals, and items forms seat 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 of any nature resulting From the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dime om officers and employees of such party. The Scllcr's contractual obligations, including mamnry, shall not he deemed 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 design. device, material or process covered by lever, patent, trademark or copyright, the Seller droll indemnify and save hamdess the Purchaser fmm any and nil claims for infringement by reason of the use of such patented design, device. material or pmcess in connection with the gourmet, and shall indcmnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ancr the completion of the work. In case said equipment. or any part thereof 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 practice for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller Shall become insolvent or bankrupt, make an assignment for the bcncfit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchascr without liability. - 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights efull parties hereunder shall be consumed under and governed by the laws ofthc State of C.Imad.. USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder. including the services of Scllcrs Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selids own risk until the same is fully completed and accepted, and shall, in case of any nccidcnt destruction or injury to the work and/or materials before Sclicr's final completion and nceeptanm, complete the work at Seller's own expense and to the salis Laction of the Purchascr. When materials and equipment ore garnished 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 under the order. I S. INSURANCE. The Seller shall, at his man expense, provide for the payment of workers compensation, including oecupedoml 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 he done. The Seller shall also carry comprehensive gcncml liability including, but not limited to, contractual and automobile public liability insmmrec .with bodily injury and death limits of at Ica st S300.000 for any one person. 5500,000 for any one accident and porperty 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 open the Premises of others, the Seller 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 Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcmhy assumes the entire responsibility and liability for any and all damage, loss or injury of env kind or nature whntsoever to persons or property eased by or resulting from the execution ofthe work provided for in this purchase order or in connection here,ith. The Seller will indemnify and hold harmless the Purchascr and any or all of 0e Purchascr; officers, agents and employees from and against any and all claims, losses, damages. chimes 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 any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchascr, 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 employces as aforesaid, the Seller hereby agrees to assume the defense thncof and to defend the same al the Scllcrs own expense, to pay any and all costs, charges, attomcps 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. agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against The pmperty ofthe Purchascr, or said parties in or as a result ofsuch snits or other proceedings. the Seller 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 precautions, furnish and install all gnards necessary for the prevention of accidents. comply with all lases and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all roles and regulations issueA pursuant therein. Revised 03/2010