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HomeMy WebLinkAbout452174 THE GIFT OF TOUCH - PURCHASE ORDER - 3212274City of F6rt Collins Date: 01/23/2012 Vendor: 452174 THE GIFT OF TOUCH 1806 W STUART ST FORT COLLINS Colorado 80526 PURCHASE ORDER PO Number Page 3212274 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 1 LOT LS 6,000.00 Water Utilities Dept. 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 $6.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Toms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Be statute the City of Fort Collins is exenmpt from state and local taxes. Our Exemption Nunmbe, is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Informal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection carnival. II. NONWAIVER. Failure of tiro Purchaser to iacist open strict performance of the tans and conditions hereof, failure or delay to any rights or remedies provided hcrcin ar by law, failure to promptly notify the Seller in the event of a breach, exercise acceptance of m payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or abligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance h menfor any Of its rights or remedies as to any such goods, regardless of mwhen shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] min ificelion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms barn( 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 be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from on irtnsl ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchaser. T ncremforc, for good cause and es consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins 700 Wood St., Fort Collins, CO 90522, unless acquired trader federal or state antitrust Imes for such overcharges relating to the particular goods or .cervices otherwise specified on this order. If permission is given to prepay freight 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 manufaetnrers have distributing points in various parts of the country, shipment is Ifthc Purchaser directs 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 he deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser shipmcals arc made from greater distance. may cause the work to be performed by the most espcditio is 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 Taus, regulations, ordinances and toles of the state. municipality, tcritory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlets from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, regulations, ordinances, rules and requirements. Authoniiation. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete anthority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and conditions stated herein set fonh and one supplementary or additional terns and conditions annexed hereto or incorporated hcrcin by reference Any additional or different arms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive On year promised deliverydaac as noted. Time is oHhe essence. Deliver, 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 as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 foresccable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil m military a ithoritics. governmental priontics, fires, strikes, flood, epidemic, 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 for received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the Farad equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller variants 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 n 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 warm. fly. 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 of any applicable warranty provided by the Scller after the date of acceptance of the goods furnished 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 Purchaser shall not eonstrate a waiver ofany claim under this warranty. Except as otherwise poo ided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of ahc foregoing wamnties or guannecs, but such liability shall in no event include loss of pmfias or 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dm.vings, by verbal or wntten change oaten If any such change affects the amount due or the time of perfomtancc hereunder, an equitable adjustmmnt 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 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 of the goods and/or work, 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 Purchaser ar the Seller of any of their obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warms 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 goads arc 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser h rmaless from all costs and damages suffcrcd by the Purchnscr ns 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 Seller oursnts full, cicarand unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, face and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchnscr 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 parry released and shall extend to the directors. officersand employees ofsuch party. The Seller's contractual obligations, including wamnry. shall not be deemed to be reduced. in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the SCller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save humorless the Purchaser front 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 to pay by reason ofsuch infringement at any time during the prosecution 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 snit 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 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 becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the wrielit of creditors, appoint a receiver or trstm for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Of terns used or the interpretation ofthe agreement and the rights of all panics hereunder shall be constmed under and governed by the laws nfthe State ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform wort: hereunder, including the services OfScllcrs Representarive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully conmpleted and accepted, and shall, in case of any accident, destnmtion or injury to the work and/or materials before Seller's final completinn and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. 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 famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefit. 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, contractor] and automobile public liability insurance with badily injury and death liner its ofar least 5300.000 for any one proton, SSoo.000 for any one accident and property damage limit per accident of S40QBOn. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser 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 flintsuch comper sation 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 at nature whatsoever to persona or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or Al of the Purchnscrs offccm, agents and employees from and against any and all claims, losses damages, charges or cxpcnses, 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 part 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 of ocn, agents or employees at any time on account or he 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 Scllcrs 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 officers, agents or employees in such suits or other proceedings. and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once erase the same to be dissolved and discharged by gh ng bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 Safery and Health Act of 1970 and ill rules and regulations issued pursuant therctn. Rcwiscd 03/2010