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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9120635PURCHASE ORDER PO Number Page City of 9120635 t of z `t Collins OI I ins This number must appear `{, 1 '�7 on all invoices, packing slips and labels. Date: 01/31/2012 Vendor: 103941 Ship To: WATER UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS " CIS "' 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/30/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price PATCH WORK RIVENDALE 1 LOT LS 25,449.88 56694 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 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. Tnx exemptions. By starate the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-01502. Federal Excise Tax Exemption Cenifieate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 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 breach, the acceptance ofor payment for goods hercundtt or approval ofthe design, shall not release 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 deemed a waiver of any right Of the damage in transit, may be returned to you for credit and are not to be replaced except alum rcecipt of written purchaser to insist upon strict perfommnce hercofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hcrcurader, nor .shall any purpnned oral modification or rescission of this purchase order by the Purchascr operate as a waiver of any of the teats 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. authorimd payment on the pan of the City of Fort Collins However. it is to he understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting Erma antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeerlures violations arc in fact borne by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it may new have or hercafier Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St. Fort Collins, CO 90522, unless acquired under federal or state antitnst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original (might purchased or acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manu(acmrcrs have distributing points in vanoua pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permit,. Seller shall procure at ecllcrs sole oast all necessary permits, certificates and licenses required by all applicable Incas, 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 work of vendor. Seller further agrees to hold the City of Fort Collins harmles fmm and against all liability and less incurred by them by reason into averted or established violation crony such laws, regulations, ordinances. roles and requirement,. Authorisation. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the icons and conditions stated herein set faith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temt and conditions proposed by.scller 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 ofthc evacuee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached halo. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delayer due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault nfiouligence. .such act of God. acts ofcivil or military authorities, governmental pnontics firs, strikes, food, epidemics, wars or riots provided that notice critic conditions causing such delay is given to the Purchaser within five (5) days of the 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 to the time actually lost by reason ofihe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confront with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the parposes 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 loss damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach ofwarranty. The Seller shall replace, repair or make good. without cost to the purchaser, any dcfccts or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms array applicable warranty provided by the Scller afar the date of acceptance of the good famished hercundtt (acceptance net to be unreasonably delayed), resulting firm imperfect or defective work done or materials furnished by the Seller. Aeeeplar ec or use of good by the Purchascr shall not constimte a waiver ofany claim under this warranty. Except as otherwiu provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees. but such liability shall in no event include loss of profits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change odcr. 5. CHANCES IN COMMERCIAL TERMS. The Pumhasa may make any changes to the teat, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change odcr. If any such change affects the amount due or the time ofpttformmcc 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 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 Purchascr shall not be liable for any claims for amieinned 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 arc the Sellers standard stock. No such temtination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ascned within thirty (30) days from the date the change or termination is oulcred. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and burnished 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 agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless fmm all costs and damages suffered by the Purchascr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this odcr, or any monies due or to become due hco under without the prior written consent of the other pare. 10. TITLE. The Scllcr warrants full, clear and unrestricted tide to the Purchascr for all equipment, mated%N, and items famished in performance of this agreement. free and clear of any and all liens, restrictions reservations security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchascr directs the Seller to correct nonconfni ming or defective goods by a date to be agreed upon by the Purchascr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchascr may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting front the Performance of such work. This rcicasc shall apply even in the aunt of fault Of negligence of the party released and shall extend to the directors, officers and employees ofsech party. The Sellers contractual obligations. including warranty, shall not be deemed to he 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, deice, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harahms the Purchascr from any and all claims for infringement by reason of the use of such patented design, device, minerial or proses in connection with the contract, and shall indemnify the Purchaser for env 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 goods, is in such suit held to Constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its man expense and at its option, either procure for the Purchascr the right to continue using said equipmem err 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 bankrupt. make an assignment for the benefit of conliton. appoint a receiver or trustee for any of the Scllcrs pmperty or business this order may fnnhwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreement and the rights of all panics hereunder shall be constmod under and governed by the Imes ofthe State of Colomdo, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the scrvicea of Sellars Reprewatmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs 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 Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle came at the site and become 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 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 slate in vvbich the work is to he done The Seller ,%hall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance .with bodily injury and death limits of at Icast S300.000 for any one person, S500.000 for any one accident and property 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 Sellers or his contractors employees shall do any work upon the premises of Othcis, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whim such compensntion and insurance have been provided. Such certificates shall specify the dam when such compensation wad insurance expiry. The Scllcr agrees thinsuch compensation and insumnre 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 iniury ofany kind or nature olunwevet to persons or property caused by or resulting fmm the execulinn of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and amv or all of the Purchasers officers, agents and employccs from and against any and all elnims, losses, damages, charges or cxpenec.%, whether direct or indirect, and whether to persons or pmperty 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 pmcadings 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 crime of his contractors or any of its or Ihcir officers, agents or employees as aforesaid, the Seller hereby amen to ac ume the defense thereof and to defend the same at the Sellers; own expense, to pay any and all cosh, chargy, 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 pmettdings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Scllcr will at once cause the same to be die olvcd and discharged by giving bond nr otherwise. The Seller and his contractors shall take all safety precautions. Finnish 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 fares and regulations issued pursuant Thereto. Rcvisnl 03/2010