Loading...
HomeMy WebLinkAbout195259 M & D ENTERPRISES - PURCHASE ORDER - 9121439PURCHASE ORDER PO Number IPage City Of 9121439 1 1 of 2 C FortCollins This number must appear " 1�7 on all invoices, packing ` slips and labels. Date: 03/09/2012 Vendor: 195259 Ship To: WATER UTILITIES M & D ENTERPRISES CITY OF FORT COLLINS PO BOX 494 700 WOOD ST WINDSOR Colorado 80550 FORT COLLINS Colorado 80521 Delivery Date: 03/09/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 3- 20ft Transocean Cont. 1 LOT LS 2,175.00 Water portion 2 share of purchase 1 LOT LS 2,175.00 Stormwater portion 3 share of purchase 1 LOT LS 2,175.00 Wastewater portion 4 share of purchase 1 LOT LS 6,525.00 L&P portion per quote # E125. Deliver containers to Utilities, 700 Wood Street, Fort Collins. Call DeEtta at 970-218-4676 prior to delivery . 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 $1 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 same the City of Fart Cnllins is exempt from state and local taxes. Our Excmptum Number is 11. NONWAIVER. 98-04502. Federal Excise Tx Exemption Certificate of Registry 84-60005587 is registered with the Collector of Failurc of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Re%com, Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26, 114 (a). cncmise any rights or remedies provided herein ar by Irv, failure to promptly notify the Scllcr in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to and specifications, either when shipped or doe to defects of any of the warranties or obligations of this purchase order and shall not he deemed a mniver of any right of the damage in transit, may he renamed 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 remedies as to any such prods. rcgantless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default mi-cander. nor shall any purpnncd oral mod ifteation or rcaeissinn of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection, GOODS arc subject to the City of Four Collins inspection on anlva 1. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. andanized payment on the pan of the City of Fort Collins. Hmvever. it is to be understood that FINAL Seller and the Purchaser recognize that in actual moral practice, overcharges rcsalting From antitmst ACCEPTANCE is dependent open completion ofall applicable required inspection procedures. violations are 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 herca0cr Freight Terms. Shipments must be F.O.R.. City of Fart Collins, 700 Wad St., Fon Collins. CO 80522, unless aequircd under fcdcnl or state anlitmst laws for such overcharges relating to the particular goods or srrviees otherwise specified on this order. If pcmrision is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective gads by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess fright will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may coarse the work to be performed by the most expeditious morns available to it and the Seller shall pay all costs awucimed with such is Permits. Seller shall procure at scllcts mile cost all necessary permirs, certificates and licenses required by all applicable Imes, regulations. ordinances and mles 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 father agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an ismrtcd or established violation of any such laws. mmulatimts, nrdinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fat, bona fide and posses fiiR and complete feflunity m bind mid panics. LIMITATION OF TERMS. This Purchase Order cxpresly limits acceptance to the tcma and conditions stated herein set forth and any supplementary m additinnnl terms and conditions annexed hereto or incorporated hacin by reference Any additinnnl or different mmis and conditions proposed by seller me 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 of the essence. Delivery and performance most he effected within the ti nme stated on the purchase order and the ducnmcats attached hereto. No acts of the Purchasers including, without limitation. acceptance offxmial late deliveries, shall encode as a waiver of this precision. In the event of any delay. the Purchaser 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 due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of Odd, acts ofci.il or military authorities, governmental priorities, fires, strikes food, epidemics, wars or riots prevented that notice of the conditions earning such delay is given to the Purchnscr 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 ofthe delay. I. WARRANTY. The Seller wnrtanls that all good, articles, materials and work covered by this order will conform with applicable drawings, xpccificatioue, samples andlnr other descriptions given, will be fit for the purposes 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 fmm any loss, damage or expense which the Purchaser may sit lTer or incur on account of the Sellers breach of wan city. The Seller shall replace, repair or make good. Witham cost In the pn¢hescr, any defeats or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the temms of any applicable warramy provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting frontimperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pumhascr shall not constitute a waiver of any claim under this "nrmnty. Except as otherwise provided is this purchase order. the Shcen, liabil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warn ntics or guarantees, bra such liability shall in no event include Inns of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PUR POSE SHALL APPLY. 4. CHANGES IN LEGA I. TERMS. The Purchaser may make changes to legal terms by wnoun change order. 5. CHANGES IN COMMERC IA I. TERMS. The Pnrchascr may make any changes to the terms. other than legal mums, including additions to or deletions fmm the quantities originally ordered in the specifications or dmwtnge, by verbal Or niten change order. If any such chance affects the amount duc or the time ofperformance hereunder. an equitable adjustment shall he nude. 6. TERMINATIONS, The Purchaser may at any time by written change order. terminate this agreement as to any at all portions of the goods then not shipped, subject to any equitable adjustment between the parties an to any Work or materiats then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the goods and/or Work, for incidental or consequential dannew, and that no such adjustment be made in favor ofthe Seller with respect in any goods which arc the Sellers standard stuck. No such termination shall relieve the Parchnscr or the Seller ofany ofthcir obligations as to any gait delisted hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted Within thin (30) days fmm the date the change or minuantion is rrdemd. 8. COMPLIANCE W ITII LAW. The Seller warrants that all gads sold hereunder shall have been produced, sold. delivered and furnisshc in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required in he incorporated to agreements of this character are hereby incorporated hacin by this reference. The Seller agrees to indcmnifv and held the Purchaser hamlcs front all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitha party shall assign, transfer. or convey this order, or any monies due or to become due hereunder Without the prior wrnen consent ofthe other party. 10. TITLE. The Scllcr warms fill, clear and unrestricted title In the Purchaser for all equipment. materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release the Purchnscr and its contractors of any tier From all liability and claims of any nature resulting Tom the performance ofsuch work. This release shall apply even in the event of f ult of negligence of the party released and shall extend In the directors, olTecr, and employees of such party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced. in any way, because such work is performed or crowed In be Performed by the Parchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent. trademnrk or copyright, the Seller shall indemnify noel save harmless the Purchnscr 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 Pumhawr for any cost. expense or damage which it may be obliged to pay by reason ofsuch in6ingemcat at any time during the prosecution or aner the completion of the work. In ease 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 avid equipment or part 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 parts, replace the same with substantially equal but aminfringing equipment, or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or basinesc this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemw used or the interpretation ofthe agreement and the rights efall parties hereunder shall be constmM underlaid governed by the [revs ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcsentalivc(s). on the pter iscs of mhos. 17. SELLERS R PS PONS IBILITY. The Seller shall crony on said work at Sellers own risk until the wore 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 no expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. stare 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupetinual disease bone Ns, to its cnplryces employed on or in connection with the work covered by this purchase order, and/or In their dependents in accordance with the Imvs ofthe state in which the work is to he 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 ofin least S300,000 for any one person, S500,010 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 dnhcet the Scllcr shall famish the Purchaser with a certificate flat 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 eonpenvation and insurance expires. The Scllcr ogres that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby ac umcs the entire responsibility and liability for any and all damage. loss or injury of any kind or nature whatsneacr to persons or property caused by or resulting from the execution ofthe work povided for in this purchase order or in connection herewith. The Seller will indcmnifv and hold hamdess The Purchaser and any or .1I of the Purehnscrs officers, agent and cmpleyces from and against any and all claims loses, damages, charges or expenses. whether direct or indirect, and whether In persons or property to which the Purchaser may be put or subicet by reason of any act, action, neglecl, omission or default on the pan of the Seller. any of his contractors. or any of the Sellers or contractors olficen. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcem. agents or employees 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 or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, anomdys fees and other expenses. any and all judgments that may be inciand by or obtained against the Purchaser or any of its or their officers. agents or employees in such suis or other proceedings. and in case judgment or other lien be placed upon or obtained against the property of the Purchnscr, or mid parties in or as a result ofsuch suits or other proceedings. the Scllcr will at once cause the wore to he dissolved and diaharged by giving bond or otherwise. The Seller and his contractors shall lake all sdcty precautions, furnish and install all guards receswry for the prevention of reeidents. comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safety and Ilcalth Act of 1970 and all ales and regulations issued pursuant thereto. Revised 0312010