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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9120680PURCHASE ORDER PO Number Page City of 9120680 t of 2 ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 02101/2012 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price STREET CUT PERMITS 56699 U 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 1 LOT LS Total Invoice Address: 11,139.50 11,139.50 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-00005S7 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the temis and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter i9-2fi, 114 (a), exercise any rights or remedies provided herein or bylaw. failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods haci nda or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spccificitions, either When shipped or due to defects of any of the waranlies 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 upon receipt of written purchaser to insist upon strict performance hereof or 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 hereunder. not shall any porpored Dent modification or rescission of this purchase order by the Purchaser operate as a Waiver of any of the terms Inspection, GOODS arc subject to the City of Fort Collins inspection on arrival. hercmf, Final Acceptance. Receipt of the merchandise, scmiccs or equipment in mspome to this order can result in 12. ASS IG NM ENT OF ANTITR UST CLA MS. authorized payment on the part of the City of Fort Collins, Houcver, it is to he understood that FINAL Seller and the Purchaser ecougnrze that in actual economic pencliee. overcharges resulting Form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcednrcs, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for "anting this purchose order, the Seller hereby assigns to the Purchaser any and all claims it may new have or herca0cr Freight Teems. Shipments must be F.O.R.. City of Fort Collins. 700 Wood St.. Fun Collins, CO 90522, unless acquired under federal or state antitrust 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 sepanimly, the original freight pnrahascd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing Will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest disontantion point to destination, and excess freight will be deducted from Invoice When shipments are made fmm greater distance. Permits. Seller shall pmcm, at sellers sole cast all necessary permits. catificates and licenses requital by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision whue 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 harmless fmm and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, eminences. rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fonh and any supplementary or additional rant and conditions annexed hereto or incorpnrited herein by reference. Any additional or different tams and conditions pmposed by sutler arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. 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 ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rawdics, the option ofplocing this order elsewhere and holding the Seller liable for damages. Hmmver. the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable Which arc beyond its reasonable control and without its fault efnegligeoce such act, of Gnd. acts ofcivil or military authorities, governmental priorities, fires, strikes, Brad, 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 knowledge thereof In the event ofany .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 wmorms that all good, ar ieles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/car other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a .similar nature. The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults arising within One (I) year or Within such longer period of time as may be prescribed bylaw or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance nit to be unreasonably delayed), resulting from imperfect m defective work done or materials furnished by the Sella. Acceptance muse of goods by the Purchaser shall not constitute a waiver ofany claim under this wwnanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximmely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits 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 tarns, other than legal term, including additions to or deletions fmnm the quantities originally ordcrcd in the specification., or drawings. by verbal or written change order. If any such change affects the amount due or the time of perf er ance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wuiman change order, lam mate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjosonat 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 on the uncompleted portion of the goods and/or work, for ineidenml 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 or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordcrcd. R. COMPLIANCE WITH LAW. The Seller warrants 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 arc subject. The Scllcr 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 hnmtless form 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 parry, 10. TITLE. The Seller Warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfnrmance 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 circus the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thcreattcr indicates its inability or umvillingnue to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller ,hull pay all rusts associated With such Work. The Seller shall release the Putehoxer and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of steh 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 ofsuch parry. The Sellers contractual obligations. including warranty, shall not be deemed to be reduced, in any Way, because such work is perforated or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or pmccss covered by letter, patent, trademark car copyright, the Scllcr shall indemnify and save haral ss the Purchaser fmm nny and alt claims for in ftmgcmcm by reason of the use of such patented design, device, material or pmccss in connection with the contract, anti shall indemnify the Purchaser for any cost, cxpcnsc or damage which it may be obliged to pay by mason 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 good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and at its option, either procure 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 noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fnnhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The deRnitions oftemt used a the interpretation ofthe agreement and the rights of all panics hereunder shall be constmcd under and governed by the Inws tribe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcptescntntivas), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller 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 Scller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the rile and become responsible therefor as though such materials and/or equipment were being famished by the Scllcr under the order. 18. INSURANCE. The Seller .shall, ot his own cxpcnsc, provide for the payment of workers compensation, including occupational disease bane Bts, 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 insurance .with bodily injury and death limits of m least S300,000 for any one person. S500.000 for any one accident and pmpeny damage limit per accident of S400.00ft. The Seller shall likewise require his contractors. irony, to provide for such compensation and insurance. Before nny ofthe Sellers or his contractors employas shall dainty work upon the premises ofothcrs, the Scllcr shall furnish the Purchaser With a certificate that such compensation and insurance have been provided. Such artiricaes shall specify the date when such compensation and insurance have hccn provided. Such ecnificams shall specify the date when such compensation and insurance expires. The Scllcr ogress that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. Inc, or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe Work provided for in this purchase order or in connection herewith. The Seller Will indemnify ind hold harmless the Purchaser and any or all of the Purchasers oRcem, agents and employees from and against nor and oll claims, losses, damages. charges or expenses, whether direct or indirect and Whether to persons or pmpery to which the Purchaser may be pot 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 contrition, officers, agents or employees. In case any suit or other proceedings shall be broughl 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 nny of his contactors or any of its or their officers, agents or employees as nfneceaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all coos, 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. agent, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said panics 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 ill laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act if 1970 and all miss and regulations issued pursuant thereto, Revised 03/2010