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HomeMy WebLinkAbout130892 LARIMER COUNTY - PURCHASE ORDER - 3212337City of art Collins Date: 02/02/2012 Vendor: 130892 LARIMER COUNTY ATTN: LINDA SANDERS PO BOX 1190 FORT COLLINS Colorado 80522 PURCHASE ORDER PO Number Page 3212337 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: 02/01/2012 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 1 2012 Blanket Order Utilities City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 $90,000.00 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. Tax exemptions. By stamle the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVER. 984 502. Federal Excise Tax Exemption Certificate of Registry 94-WO0597 is registered with the Collector of Failure of the Pumhnscr to insist upon strict performance of the terms and ennditioos hereof, fnilurc Or ddav m Internal Revenue, Denver. Colorado (Ref. Colorado Revised Summits 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the c%cnt of a beach. the acceptance ofor payment for grads hereunder or approval ofthe design, shall not release the Seller of Coeds Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed If waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof Or any of its rights or mood ics as to tiny such goods. regardless instnrctions from The City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] Audi ficalina or resei,,i a. of this purchase order by the Purchaser operate as a Aaiver Of any of the terms I nspation. GOODS arc subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or cgnipmcut in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However. it is to be undeAdond That FINAL Seller and the purchaser recognize that in actual economic practice overcharges resulting front untitmst ACCEPTANCE is dependent am. completion ofall applicable required inspection procedures violations arc in fact borne by the Purchaser. Theretofore, for good cause and as considcntion for executing this purchase order. the Seller hcrcby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.N., Cite of Fan Collins, 701) Wood St., Fon Collins, CO 90522, unless acquired under federal Or state anlitmsl Lows far 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 freight ptuchased or ncquireA by the Purchasc, pursuant to This purchase order bill must accompany invoice. Additional charges for picking will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu Gcmmm have distributing points in various pans of the country, shipment is If The Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by The expected fmm the nearest distribution point to destination. and csccc freight will be deducted train Invoice when Purchaser and the Seller, and The Scllcr thereafter indicates its inability m unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performal by the most capeditious means nvai]able to it, and the Seller shall pav all costs associated with such wmk. Permit. Seller shall procure at sellers sole cost all maessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rates of the state, municipality, territory or political subdivision where The work is performed, or required by any other duly constituted public authority having jurisdiction Aver the work of vendor. Seller funher agrees to hold the City of Fart Collins hamlcss front and against all liability and loss incurred by Them by mason of an asserted or established winlation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the represcntativcs arc. in fact. Fora fide and possess fill and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the toms and conditions stated herein set Rrcth and any supplementary or additional terms and conditions annexed herctn or incorporated herein by reference. Any additional or different toms and conditions pmpOsed by Seller are objected To tied hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyon cannot make complete Shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the Purchasc order and the documents attached hereto. No acts of the Purchasco, including, without limitatinn, acceptance ofpinial late deliveries, .shall operate as a waiver of this provision. In the event arrive dclav, the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages Ilowevcr, the Scllcr shall not he liable for dninagCS ;IS r result of dc]nvs due to causes not reasonably foreseeable which arc beyond its reasonable control and avithout its fault of negligence. such act., of Grid, acts ofci,il er military authorities. governmental priorities, fires, strikes. Bond, epidemics, ems or riots provided that notice of the conditions causing such delay is given to the Purehrwr within five (5) days of the time when The Seller first received knowledge thereof In the event of any such delay. the (ile of dclivcry shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Scller wmmrts that all good,, I nieles, materials and work covered by this order will cnnfnm with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with aecqued standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Puahaser ..as suffer Ar incur on account of the Sellers breach of wamnty. The Seiler shall replace, repair or make grand. without cost to the purchaser, any defects or faults arising within one (I) y'atr or within such longer period of time as may he prescribed by law or by the toms Array applicable warranty pmvided by The Seller aoce the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this uAram. Except as othcrw ise provided in this purchase order. the Sellers liability heramder shall extend to all damages proximately caused by the breach of any of the foregoing I%amntics or guanntces, but Such liability shall in no event include loss Afpmfit, Ar Inss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchascr may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms other than legal terms, including additions to or deletions from the quantities miginally ordered in the specifications or drawings, by verbal or written change order, If any such change affects the amount due or the time Ofperformance hereunder, an equitable adjustment shall he made. R. TERMINATIONS. The Puchascr 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 Ar materials then in progres, pmvided that the Pumhawr shall not be liable for any claims for anticipated pmlits on the uncompleted portion of the good, and/or acork, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any good which am the Sellers standard.smick. No such mmtinttion shall relieve the Purchaser or the Seller of any of their obligations as to any goads del to cmd hcrcumdcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temoination is ordered. S. COMPLIANCE, WITH LAW. The Seiler wxmnts 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 are subject. The Seller shall execute and deliver such dreuments os may be required to effect or evidence compliance. All Inws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Pumhuser 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 prinr written consent of the other Party. 10. TITLE. The Scllcravamnts full, clear and unrestricted title to the Purchascr for all equipment. materials, and items furnished in perf ormacc of this agreement, free and clear of any and all liens, restrictions, reservations. Security interest encumbrances and claims of.thcA,. The Seller shall rcicasc the Purchaser and its contractors of anv tier fmm all liability and claims of any nature resulting from the perfnmince Ofsueh work. This rcicasc shall apple even in the event of fault of negligence of the party released and shall extend to the directors, officers and cmplayccs of such party. The Seller's contractual obligations, including w'amnty, shall not be deemed to he reduccxL in any way, because Such work is perfomed of caused In be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from 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 of each infringement at any time during the prosecution or after the completion of the work. In ease said cquipnmvt, or any part thereof of the intended use of the goods, is in such Suit held to constitute infringement and the use of said equipment or parr is enjoined, the Seller shall, at its own expense and at its option, either procure fat the Purchascr the right to continue using said equipment or parts, replace the same with suhsimitially equal but noninfringing equipment, on modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or hankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser avithoul liability. 16. GOVERNING LAW. The definitions Af teats axed or the interpretation ofthe agreement and the rights of all panics hcrcumdcr shall be eonstmed under and gnvemcd by the laws Ofthc State of Coloado. USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hcrcumdcr. including the services of Scllcrs Represenrative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs own risk until the sane is fully completed and accepted, and shall. in case of ray accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work al Scllcrs own expense and to the Satisfaction of the PurchIWT. When materials and equipment arc furnished by others for installation or erection by the SCllcr the Seller shall receive, milord. ,[am and hand], same at the site and become msponsibic therefor as though such materials and/or equipment were being fornished by the Seller under the order. IS. INSURANCE. The Scller shag, at his men expense, provide fat the payment of workers cnntpensxtinn, including occupational disease henefits, to its mnp]oyces employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes ofthe state in which the acork is to he done. The Seller shall also carry comprehensive general liahility including, but not limited to, contractual and automobile puh]ic liability insurance with bodily injury and death limit, of m (cast S300,000 for any one person. S500.000 tor:my one accident and properly 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 starry work upon 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 insannce shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire responsibility and liability for on and all damage, loss or injury Array kind or nature whatsoever to persons or property caused by or resitting fmm the execution ofthe work provided for in this purchase enter AT in connection herewith. The Scllcr will indemnify and hold hamlcss the purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims. losses, damage.,, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchascr may be put or suhicet by reason of any act. action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers. agents or employees. In ease any suit or ether proceedings shall be broughl against the Purchaser, or its OMCCrs, agents or emplovees army time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contractors AT any of its or their omcem, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same m the Seller, own cxpensc, to pay any and all costs, charges, attorneys fees and other expenses any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their omccm. agents or employces in such Suit, or other proceedings and in case judgment or other lieu be placed form or obtained ngainel the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Scllcr will at Once Cause the same to be dissolved and discharged by giving bond or otherwise. 'I he Scllet and his contractors shall lake all srfcty 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 Safcty and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Rcvi,cd 0312010