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HomeMy WebLinkAbout130892 LARIMER COUNTY - PURCHASE ORDER - 9120634Fort Collins Date: 01/31/2012 Vendor: 130892 LARIMER COUNTY ATTN: LINDA SANDERS PO BOX 1190 FORT COLLINS Colorado 80522 PURCHASE ORDER PO Number Page 9120634 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: 01/30/2012 Buyer: OPAL DICK Note: Line Description / Quantity UOM Unit Price Extended Ordered Price STORMWATER FEES 1 LOT LS 2,774.30 DEC 2011 STORMWTR FEES 7 2 STORMWATER FEES 1 LOT LS 4,384.86 DEC 2011 STORMWTR FEES / Total $7,159.16 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWA IVER. 99-04502. Federal Excise Tax Exemption CeniBcate of Registry 94-WM597 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomanee of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Stamtes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a French, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED duc to failure In meet specifications, either when shipped or due to defects of may of the svemntics or obligations of this purchase order and shill not be decmed a waiver of any right of the damage in transit, miry be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods. rcgnrxllcs, instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent i d'ault hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens Inspection. GOODS are subject to the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in respone to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan Of the City of Fort Collins, Howxver, it is to be understand that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. ,inbuin. are in fact home 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 hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for .such overcharges miming to the particular goods or services 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. Shipment Distance. 0.TTere manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers role cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 work of vendor. Seller further agrees to hold the City of Fort Collins harmless Tom 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 requirement,. Authotization. All panics to this contract agree that the representatives arc, in fat, bona fide and posses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cspiesly limits acceptance to the tents and conditions stated herein sct forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediatcly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthc essence Delivery and pefomancc most he effected within the time stated on the purchnsc order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable moudics. the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable count and without its fault of negligence, such acts of God. acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots pmvidcd 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 know ]edge thereof 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 of the delay. 3. WARRANTY. The Seller warrants that all good. ,nicks, materials and work covered by this oiler will conform with applicable drawings, specification, samples and/err other descriptions given, will be Et for the purposes intended, and perfomd with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seiler shall replace. repair or make goad, without cast 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 warranty provided by the Seller after the date of acceptance of the goods furnished hacundv (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work time or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise 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 no event include loss of profits or loss of axe. 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 speeifiwtions or drawings, by verbal or written change order. If any such change affects the amount due or the time of Performance hereunder, an 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 portion of the goat, then not shipped, subject funny equitable adjustment between the panics as to any work or materials then in progrcs, 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 good which arc the Sellers standard stork. No such termination shall relieve the Purchascror the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjutmcnt must be ascned within thirty (30) days fmm the date the change or terfamaion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the good 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 he incorporated in agreement of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result o-the Scllcrs failure to comply with such Irv. 9. ASSIGNMENT. Neither parry 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 warms full, clear and unresMcted title to the Purchaser for all equipment materials and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the Purchnscr and the Scllcr,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall tiny all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net fmm all liability and claims of any nature resulting from the performance ofmch 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 such party. The Selices contractual obligations, including wamanty, shall not be decmed to he reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use nny design, device, material orprocess covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hnmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmecss 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any part thereof or the intended use of the gam, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seiler 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 noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If The Seller shall become insolvent or banknupt make an alignment for the benefit of creditors, appoint a receiver or trustee for any of Thu Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcr m, used or the interpretation ofthe agreement and the rights ofall panics hereunder shnll be construed under and governed by the Imes Of the Suite of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services Of Scllcrs Representativels), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the sums 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 acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and becnmc responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. 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. contractual and automobile public liability insumnce with bodily injury and death limit of at least S300.000 f r any one person, S500.000 for any one accident and property damage limit per accident of S400,000. The Seiler 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 famish 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. Stich eertifirams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby asumcx the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the eseculion of the work Provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hornless the purchaser and any or 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 net. action, neglect omission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or contractors offccrs, agents or employees. In case any suit or other proccdings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by rensna Of anv act, action, neglect, omission at default of the Seller of any of his contractors or any arks Or their Officers, ,gems or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sumo 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 Purchaser or any of its or their officers. agents or employees in such suit,, or other proceedings, and in case judgment or other lien be placed ninon or obtained against the property of the Purchaser. or said parties in or as a result of such suits 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 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 talcs and regulations issued pursuant thereto. Revised 03/2010