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HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 9121834Fort Collins PURCHASE ORDER Date: 0312812012 Vendor: 289879 UNITED MAILING 4221-B S MASON ST FORT COLLINS Colorado 80525-5964 PO Number Page 9121834 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: 03/28/2012 Buyer: OPAL DICK N ote: Line Description Quantity UOM Unit Price Extended Ordered Price POSTAGE 6454 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 13,779.59 Total $13,779.59 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. COMMERCIALDETAILS. Tax exemption, By statute the City correct Collins is exempt fmm state and Imal taxes. Our Exemption Number is 11 NONWAI VER. 98-0N502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is re,kh,red scah the Collector Of Fullure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure Or delav to later..] Revenue, Denver, Colorado (Ref Colorado Revised Statute, 1973. Chapter 39-26. 114 (a), c.sercisc any rights or remedies pmvidcd herein or by Ice, failure to promptly notify the Seller in the event Ofor breach, the acceptance ofor payment for goods hereunder Or approval Orrin, design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due 10 defects of anv Of the Mammies 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 arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomrnncc hcreofor any of its rights or remedies as to anv such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any parpOrtcd Oral mrdifextion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subjecl to the Citv of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise .services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. enhomed payment on the pan of the City of Fair Collin, However, it is to he understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting front anliuusl ACCEPTANCE is dependent upon completion ofall applicable required insreetion pmeedums, violations are in fact borne by the Purchaur. Theretofore, for goof cause and as considenlinn for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hnve or hereafter Freight Tews. Shipments must be F.O.H_ City of Fon Collins, 700 Word St.. Fort Collins. CO 90522, unless acquired under federal or state unionist laws for such overcharges relining a the particular Funds Or sm,irc, Otherwise specified on this Order. If permission is given to prepay freight and charge sepnn sly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 11 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 goods be a date to be agreed upon by the expected fmm the nearest dishibntion point to deslinnlion. and excess freight will be deducted fmm Invoice when Purchaser and the Seller.and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made front greater distance. may cause the work to be perforated by the roost expeditions means available to it, and the Seiler shall pay all costs nssoeiated with .such %cork. Pewits. Seller shall prncurc at sellers sole cost all necessary pemits, certificates and licenses required by all applicable laws. regulations, ordinances and rules Of the state. municipality, territory or political subo]i%ision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the murk of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss inc umd by them by reason of an axsencd Or established violation orally such laws, regulations, ordinances, nines and requirements. Authorization. All parties to this contract alone, that the representatives are. in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmu and conditions annexed hace or incorporated herein by m ercnce. Any additional or different terns and conditions pmposcd by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date as noted. Time is of the essence. 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 punial late deliveries, shall opcnte as n "mover of this Prevision. In the event ofany Jday. the Purchaser shrill have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hmxerer, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault aftweliecnee. such acts of God, acts ofeivil or militap andunitics, governmental priorities, fires, strike. fired, epidemics, %vacs 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 firs) received knowledge thereof In the event of anv .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 warrants that all goods, articles materials and work covered by this order will cnntnm with applicable drawings, specifications, samples and/or other descriptinns given, sill be fit for the purposes intended, and perforated 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 from any loss, damage Or expense which the Purchaser may suffer or incur qn account co Scllcrs breach of warmnty. The Seller shall replace. repair or make good. without cost 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 terms ofany applicable warranty provided by the Seller after the date of acceptance strife grads famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done Or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constinnc a waiver ofany claim tinder this wamnty. Except w, otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wamntiee Or guarantees, hilt such liability shall in no event include loss of pmfits at loss cruse. 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 terms. other than legal terms, including addilinns to or deletions from the quantities originally Ordered in he s,vcificoui as or dm%sings, by verbal or written change Oder. If any s.sit change affects the amount due or the time of perfomtance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, wrminmc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pnegress pmvidcd 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 fenny goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser Or the Seller affinity of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mall be asserted within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller wamnts that all grads sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Scllcr shall execute and deliver such documents us may be required to effect or evidence compliance. All lass and regulations required to be incoremed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Form all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this ordcm or any monies due Or to become dire hereunder without the prior wraten consent ofthe other piny. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials and items fumishcd in Performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of mhers. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend in the dircelme, officers and employees of sneh party. The ScReex contractual obligations. including wamnty, shall not be deemed to be reduced. in any way, because such work is perfomed err caused to he perforated by the Purchaser. 14, PATENTS. Whenever the SHIeT is required to rase anv design, device, material or pmeess covered by Iemet. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Farm 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, cxpcnsc or damage which it may be ohlignl to pay by reason of such infringcmcnt 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 goods, is in such suit held to constitute infringement and the use of said equipnent or part is enjoined. the Seller shall. at its Own cxpcnsc 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 nnninfringing equipment, or morlify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make no assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers propenv or husincss, this order may forthwith he canceled by the Purchaser without liability. If. GOVERNING LAW. The dc6mtioap ofterms used or the inmtpretation ofthe agmemCat mnl the rights ofall parties hereunder shall be constmcd ender and governed by the Imes ofthe State ofColomdo. USA. The following Additional Conditions apply nnly in cases where the Seller is to perform work hereunder. including the services of Sellers R pamscntativc(s), on the pr<miscs Of others. 17, SELLERS RESPONSIBILITY. The Seiler shall cam on said work at SdIer's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work anchor materials before Sclicev Finn] completion and acceptance, complete the work rat Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or crcetion by the Seller. the Seller shall receive, unload. same and handle same at the wile and become repon%ible therefor as though such materials and/tor equipment were being furnished by the Scllcr under the order. IA. INSURANCE. The Seller shall, at his own expense. provide for the payment of wurkcn compensation. including occupational disease benefits to its employees employed on or in connection with the work covered by this purchase order. and/tor 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 IiahiliN including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at leaser S300,000 for any one persno. S500.0e0 for any one accident and property damage limit per accident of S400.00n. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance, Eefime any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shun furnish the Purchaser all a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such conipenstion and insurance have been provided. Such eenificues 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 AGAINST ACCIDENTS AND DAMAGES. The Seller hereby t,, ate, the entire responsibility and liability for any and all damage. loss or injury rifuny kind or nature whatsoever to persons at property caused by or resulting fmm the execution of the work provided for in this purchase offer or in connection herewith. The Seller will indemnify and hold harmless the Porchi sear and any or nil of the Purchaser, affirms. agents and employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or indirect, and whether to persons or property to which the Purclnscr may he put Or subject by reason of any act, action, neglect, omission Or default on the pan of the Scllcr, any of his contactors, 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 officers, agents or employees at any time on account or by reason of any act. action, neglect. omission of 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 sate at the Sellers own expense. In 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 officers. agents or employees in such suits or Other pmccedings, and in case judgment or other lien be placed upon or obtained against the pmpcm of the Purchaser, or said panics in or as a result ofaeh suits or other proceedings. the Seiler will at once cause the same in be dissolved and dischnrgel by giving bond or otherwise. The Seller and his comrneters shall take all safety prceaulions, famish and install all gnnrd accessary for the prevention of accidents, comply with all Imes and regulations with regard to rarely including, but without limitation, the Occupational Snfcryand Health Act of I970 and all odes and regulations issued pursuant thereto. Revised 03/2010