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HomeMy WebLinkAbout102959 T-M SERVICE COMPANY - PURCHASE ORDER - 9121008City of �„6rt Collins Date: 02/16/2012 Vendor: 102959 T-M SERVICE COMPANY PO BOX 1443 ENGLEWOOD Colorado 80150 PURCHASE ORDER PO Number Page 9121008 1o12 This number must appear on all invoices, packing slips and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 fix - 303 -78f -65z15 Delivery Date: 02/16/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 Supplies per estimate #10 Copy of quotation attached. 9m--� Q. 0'yU-L9k -4-Z- 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 10,260.44 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 1. COMMERCIALDETAII.S. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 95-01502. Federal Exeiso Tax Exemption Certificate of Registry 84-fdR11597 is registered with the Collector of Internal Revenue, Denver. Cnlomdn fRcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 m). Goods Rejected. GOODS REJECTED due to failure to mcd 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 Fun Collins. Inspection. GOODS arc subject m the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof. failure or delay to v rights or remedies provided herein or by w, failure to promptly notify the Seller in the event of a breach. him, acceptance ofor payment for goods hereunder or approval mi design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance ance mmufor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on she pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne 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 Tema. Shipments must be F.O.B., City of Fort Collins, 70SI Wood St., Fon Collins, CO 90522. unless acquirel under federal or slate antilrom Imes for such overcharges relating to the pnrtieulm goods nr services otherwise specified on this order. U permission is given to prepay freight and ehmgc sepamtely. the original freight purchased or acquired by the Purchaser pumtinnt to this purchase order, bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannfeftners have distributing points in vmims parts of the country, shipment is Ifthe Purchaserdirects the Seller to correct nnneinfomting or defective goods bym date tobeagreed uponbythe expected From the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and she Seller lhcrca0cr indicates its inability or unwillingness m comply. the Purchaser shipments arc made fmm greater distance. cony cause the work to be performed by the most expeditious means available to il. and the Seller shall pay all costs associated will, such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, ecrtificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, tenitnry 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 from and against all liability and loss incurred by them by reason of as asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authinvmian, All panics na this ceramics agree that the representatives arc, in fact, bona fide and possess full and complete aulhooty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or di Rcrrnt terms and conditions proposed by seller arc objccsed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yo s cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and Performance mull be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, aeecptnoec of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Puuhoscr 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 disc to causes out reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental pond tics, fires, strikes, nod, epidemics. wars or rints 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 Tiffany such delay, the date of dcl ivery shall be extended for the period equal to the time mentally lost by reason of the deny. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, rill be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tans ofany applicable wamnty, provided by the Seller net the date of acceptance of the goad furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hneunder shall extend to all damages proximately caned by the breach of any of the foregoing wamntics or gumrantccs, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANCES IN LEGAL TERMS. The Purchascr may make changes to legal term by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal terms, including additions to or deletions Forms the quantities originally ordered in the specifications% or drawings. by verbal or written change order. If any such change affects the amount disc or the time ofperformencc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tcminatc this agreement as to any or all puffers of the goods then net shipped, subject to any equitable adjustment 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 incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers .standard .mrtck. No such nmmonstion shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within shiny, (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gaols sold heramdd 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 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 Purchascr hamlcss from all toss and damages suffered by the Purchascr tie a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any ninnies due or to become duc hereunder without the prior molten consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and dear of any and all liens, restrictions, reservation, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature molting fmm the performance of aeh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ot6ecrs and employees ofsuch parry. The Scller:s contractual obligations, including wamnty, shall not be deemed to he reduced. in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. tradcmmk or copyright, the Scllcr 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 such infringement at any time during the prosecution or offer the completion of the work, To ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute in0ingcment and the use of ,said cqu Forman or pan is enjoined, the Seller shall, at its own expense and at its option, either picture for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shill become irsolecnt or hankmpt, make all assignment for the benefit of creditors, appoint a recci yet or trees, for tiny of the Scl lers property or business, this order may fom as ith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of names uuA or the interpretation rfthe agreement and the rights ofall panics hereunder shall be construed underand governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to pafnmt work hereunder, including the services of Sellers Rcpmiteram ive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's 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 Sellcrs final completion nod acceptance, complete the work at Sellcrs 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 furnished by the Seller under the order. IS. INSURANCE,. The Seller shall, at Isis mvn expense, provide for the payment of corkers 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 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 limit% of tirI t least Si00,M1 for a person. S5m,009 for any one accident and property damage limit per nccident of 5400,000. The Scllcrs 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 premiers ofothers, the Seller shall furnish the Purehnur with n emifieate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnec hive been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees That such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINS'TACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. Inc% nr injury of any kind or nature whatsoever to persons or propcny caused by ormsteldng fmm the cxamlion of the work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hamdcss the Purchascr and any or all of the Purchasers ofree,. agents and employees from 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 off'eers, agents or employees. In case any suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees al any time on account or by reason of any net. action, neglect omission or default of the Seiler of any of his contractors or any of its or their olTiclam. agents or employees as i foresnid, the Seiler hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and olhcr expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their nRcem, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon it obtained against the rmpcny of the Purchascr, or said parties in or as m result ofsuch suits or other proceedings. the Sellerwill at once cause the score to be dissolved and discharged by giving bond m otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary fir the prevention of accidents, comply wish all Imes and reguations with regard to safety including, but without limitation, the Occupational Safety and Ilcalth Act of 1970 and all mlcs and regulations issued pursuant thcrcto. Revised 0312010