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HomeMy WebLinkAbout195259 M & D ENTERPRISES - PURCHASE ORDER - 9121231City of /11'�, art Collins Date: 03/02/2012 Vendor: 195259 M & D ENTERPRISES PO BOX 494 WINDSOR Colorado 80550 PURCHASE ORDER PO Number Page 9121231 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/02/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 - 20' Transocean Containers 1 LOT per quote E127 Deliver both containers to 700 Wood Street. One container will be placed by the warehouse. Contact Kraig Bader 416-2481 for directions. If no answer, call Steve Serna, 221-6709. One container will be placed by the Water Meter Shop. Contact Mike Herbst, 416-2880 or 221-6759. 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 LS Total Invoice Address: 8,700.00 700.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Toils and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Ely statute the City of Port Collins is exempt front and local taxes. Our Exemption Number is 98-(W502. Federal Excise Tax Exenption Certificate of Registry 84-6000587 is registered with the Collector Of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or disc to defects of damage in transit. may be resumed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fun Collins. Inspection. GOODS ore subject to the City of Fort Collins inspection on arrival 11. NONWAIVI?R. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay In exercise any rights or remedies provided herein or by law, failure to promptly notify' the Seller in the went of a breach. the nccculmee for payment for goods hereunder or approval ofthc design, shall not release the Seller of any Of the mammies or obligations Of this Purchase order and shall not be deemed a waiver of any rich: Of the purchaser in insist Olson Strict performance herenfornny of its rights or remedies as a any such goods. regardless of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor .shall any poisoned oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terns hereof. Final Acceptance. Receipt of the merchandise sen'ices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAINIS. authorized payment an the pan of the City of Fan Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting four antitnst ACCEPTANCE,, is dependent upon completion ofall applicable required inspection procedures. violations arc 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 non have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges mining to the particular goods or services otherwise specified on this order. If permission is given to pmpay 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 he accepted. 13. PURCI IASERS PERFOR NIANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaeuers have distributing points in various sans of the country, shipment is Hills, Purchaser directs the Seller to correct nonconforming Or defective goods by a Ante to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability m umvillingnec to comply, the Purchaser shipments arc made four gmater distance. mov cause the work to be performed by the most cxpcdi:inus means available to it, and the Seller shall pay all costs usocimcd with such work. Pcmits. Seller shall p ccure at sellers sole cast all accessary permits, certificates and licenses requircA by all applicable laws, regulations. ordinances and rules of the state. municipality, tcrrimry, or political subdivision where the work is perfumed. or required by any other duly constituted public authority having jurisdiction over she walk of vendor. Seller further agrees to hold the City of Fair Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regu latiore, ordinances. ndcs and requirements. Aathorizaioa. All panics to :his contract agree that the m resemntiyes are, in foci, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the hems and conditions stated hcrcin set firth and any supplementary or additional tans and conditions annexed herem or incoginmted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdintely if you cannot make complete shipment to nmve on your promised delivery date as noted. Time is of:hc eswnce. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other leg l and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. HOw'eyer, the Seller shall not be liable for damages its a result of dclnys due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts offind, acts ofeivil or military authorities. governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions cousin, 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 dctivcry Shull be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller wamnts That all good, articles, materials and work covered by his Order will confomu with applicable drawings, specifications, samples and/ear other descriptions given, will be fil for the ulmoves intended. and perfumed with the highest degree of care and competence in seconhows, with accepted standards for work of a similar nature. The Seller agrees so hold the purchaser hamdess form ism, loss, damage or expense which the Purchaser mov suffer or incur on account Of the Sellers breach i f wamnty. The Seller shall replace, repair or make good, 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 terns often, applicable warranty Provided by the Seller after The date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofnny claim trader this wamnty. Except as mhenvise provided in this purchase order. the Sellers liability hcrcumder shall extend to all damages limsinntely caused by the breach ofnny of flu, foregoing wnrmnTics Or guarantees, but such liability shall in no event include Inns of pmfits Or loss of use. NO IMPLIED WARRANT Y OR MERCHANTAIIILITY OR OF FITN[SS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANCES IN COMMERCIAL TERNIS. The Purchaser may make any changes to the terms, other than legal :ants, including additions to or deletions front the m— hies ou,jr,lly mAemd in the alsccificafons or drawings, by yerbnl o mitten change order. Irony a tch chance affects the anu ast due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Icmirram this agreement as to any or all portions of the goals :lien not shipped, Subject to any em imble adjustment bch ecn the panics as to any work or materials then in pmgress provided that the Purchaser shall not he liable for anv claims for anticipated pmlits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to tiny goods which are the Scllcrs standard stock. No such termination shall rdicve the Purchaser or the Seller ofnny of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mind be asserted within thirty (30) days form the date the change or termination is ordocd. A. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all Applicable laws and regulations to which the grinds arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All luvs 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 harmless from all costs and damages suffered by the Purchaser es a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, firmly monies disc or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Seller wamnts fulh clear and unrestricted title to the Purchaser for all equipment. materials. and items banished in performance of this agreement, free and clear of any and old liens, restrictions, rescn atime,. .security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any Her from all liability and claims of any nature reselling from the performance of such work. This release shall apply even in the event Of fault of negligence of the party released and shall circuit In the director, officers and employees Of such Party. The Seller's contractual obligations, including wamnty, shall not be deemed m he reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whencvcr the Seller is required to use wry design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the ass, of such pntcnted design, desire, nutlerial or process in connection with the contract. and shall indemnify the Purchaser grimly civil. expense or damage which it may be obliged to pay by reason of such infringement at any time during the porw ration or st the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of Mid equipment or pan is enjoined, the Seller 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 nnninfriaging equipment or modify it sea it becomes unit in fringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of crclitors, appoint a reveller or trustee for anv of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed trader and govrmed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the .Seller is In perform work hereunder. including the seniecs Of Scllcrs Reprcwntahive(s), on the promises of others, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work a: 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 ScElc(s final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials not equipment are burnished by others for installation or erection by the Scllcr, the Seller shall receive, unload. store and handle same m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE.. The Seller shall, al his own expensv, provide for the payment of workers compensation, including occupational disease benefilx, 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 Inws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but ism limited in. contractual and mammchile public liability inson-ec with bodily injury lost death limits of at Ica.: $306.000 for nay one lemon. 5500,006 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 ofthe Sellers or his contmctnrs employees shall do anv work upon the me niscu of others. the Seller shall furnish 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. Stroh ecnifiencs shall specify the dine when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PRO 'I'ECT']ON AGAINST ACCIDENTS AND DAMAGES. The Seller herehy assumes the entire respovsihilityand liahility for anv and all danmgc, loss or injury of anv kind or nature whatsoever to persons or Progeny caused by or resuhiag from the exviodin. .1-the work provided for in this purchase oiler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims. losses. damages, charges or expenses. whether direct or indirect, and whether to parsons or popery to which the Purchaser nmv be put or sullieet by reason firmly act, action, neglect omission or default on she pan of the Seller. any of his contraeturs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its of iccn, agents or cinphovecs at any time on account Or by reason of any act action, neglect, Omission or default Of the Seller of any of his contractors or any of its ear their Officers, agents or employees its aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the cattle 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 alfccm. agents or employees in such suite or other pmccefings, and in cue judgment or other lien be Placed upon Or obtained against the progeny of the Purchaser, or said parties in or as a result of such suits of other proceedings. the Seller will at Once cause the same to be dissolved and discharged by go ing bond or olhcnvise. The Scllcr and his contractors shall Inks all safety precautions, famish and install alp gtmnls accessary for the prevention of accidents, comply with all paws and regulations wish regard to safety including, but without limitation. the Oc upaliomil Safetyand I Icalth Act of 1970 and all odes and re ailahions issued musical Thereto. Revised 03120I0