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HomeMy WebLinkAbout486984 REYNOLDS INLINER LLC - PURCHASE ORDER - 9122190City of ' /00 rt Collins Date: 04/17/2012 PURCHASE ORDER PO Number Page 9122190 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 486984 Ship To: WATER UTILITIES REYNOLDS INLINER LLC CITY OF FORT COLLINS 7915 CHERRYWOOD LOOP 700 WOOD ST KIOWA Colorado 80117 FORT COLLINS Colorado 80521 Delivery Date: 04/16/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 Cured In Place Pipe 1 LOT EA 302,508.00 Sanitary Sewers Total $302,508.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teens and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and lord taxes. Our Excerption Number is 11. NONWAIVER. 9,0.U1502. Federal Excise Tax Exemption Certificate of Registry 54-(v( M5S7 is registered with the Collector of Failure of the Purchaser to insist upon strict perfiummmce of the wants and conditions hereof. failure or delay to Internal Revenue, Denver. Colondo (RR. Colorado Revised Stamhs 1973. Chapter 39-26. 114 (a). ememisc any rights or rettedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the do,sign, shall not release the Seller of Gods Rejected. GOODS REJECTED due to failure to meet spreificadons, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the range in transit may be actuated to You for credit and am not to be replaced except upon moeipt of written purchaser to insist upon strict pvrWrmnnce lummfor any ofits rights or remedies as to any such goods. mgardless instruction, firm the City of Fan Collins, of wilm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall env purponod am] nadificnion or rescission of this purchase order by the Purchaser operate is a vniver of any of the toms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Find Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAI MS. authorized payment on the pm of the City of Fen Collins. Hooe c, it is to be understood that FINAL Seller and the Purchaser recognize that in actwd ecomnme practice overcharges resulting front antitrust ACCEPTANCE is dependem upon completion ofall applicable required inspection procedures. violations me no fact home by the Purchaser. Thcretofom, for goad cause and as consideration fen executing this purchase order, the Seller hereby assigns to the Punhascr any and all claims it may now have or hereafter Freight Terms. Shipments most be EO.B., City of Fen Collins. 700 Wood St.. Fort Collins, CO 80522. unless acquired under fc(kml or state antitrust laws fer such overcharges relating to the partiminr goods or services otherwise specified on this order. If p=ission is given to prepay freight and charge separately, the original flight purchased .,acquired by the Purchaser pursuant to this purchase older. bill must nccompmy invoice. Additional charges fur packing will not v accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where ntmufactmea hare distributing points in various parts of the country, shipment is Ifthe Potthawrditects the Scllertocorrect mmmnfonningordefetivegoods by a dmetobcagmed upon bythe expected fmm the ncarest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thcmificr indicants its inability orunwillinguess tocomply, the Purchaser shipments arc made floor greater distance. cony cause the work to be performed by the mast expeditum; means available to it and the Scllcr shall pav all costs nssocinc l with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes. regulations, ordinances and mis of the state, municipality. territory or political subdivision whom the wore is per-fomted, or required by any other duly constituted public authority having jurisdiction over the weak of vendor. Scllcr further agrees to hold the City of Fen Collins harmless farm and up. inst all liability and Ins, incurred by them by reason of an asscnod or established violation of any such laves, regulations, ordinances, talcs and requiu mcnts. Authorimtim. All panics to this contract agree that the representatives am. in fact, bona fide and possess full and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mines and conditions stated herein set forth cord any supplcmcmnry or additional terms and cmditikms annexed hereto or incorporated herein by refnnce. Any additional or dilTcreat teases and conditions proposed by salter am objected to and hereby rejcaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inara dimcly if you cannot mike complete shipn,nt to arrive on your premised delivery cinte as tamed. Time is of the ssenm. Delivery and perforraince must be effected within the time stated an the purchase order and the decanters mached buret.. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the purchaser shall have, in addition to other legal and equitable rcmdim the option of placing this order clsnvhere and holding the Seller liable for damages. However, the Sellershall not be liable for damages as a result of delay, due to cause not reasonably fore ecabte which are beertnd its mssonable control and without its fault ofnegligence. such acts of God, vas Fcivil or military authorities, govemnnnall priorities, fins, strikes. foul, epidemics. wars or rims provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of the time when the Seller fiat received knowledge thereof. In the event of any such delav, the date of ddivtry shall be cxtended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and Walk catered by this order will canton. with applicable drawings, specifications. samples and/or other descriptions given. trill be fit fro the purposes intended and performed with the highest degree of cart and coapetemce in accordance with aecep ed standards for work of a similar ..at.. The Scllcr agrees to hold the purchaser harmless main any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarn my. The Seller shall replace, repair or mike good, without cost to the purchaser, anv defects or cults raising within one (I) year or within such longer period of time us nary be prescribed by Iry or by the Icons afagy applicable wamnry provided by the Seller ,Her the date of acceptance of the goods furnished hereunder (acceptance net to be unreasonably delayed). resulting from imperfect or defective Work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute u waiver ofully claim undo this wamnty. Except as otherwise prided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximitcly caused by the breach of any of the foregoing warm. r des or guam uces, 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. CHANGES IN LEGAL TERMS. The Purchaser my mike changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may roake any changes to the terms, other than legal terms, including additions to or deletions four the quantities arigimlly ordered in the specifieatiro or drawings, by verbal or written chnngc ardee Wary such change i0tts the amount due or the time of perfomuance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agosi ent as to any or all portions of the grads then net shippec, subject to any ec mble adjustment between the parties is to any work or materials then in prngress provided that the Purchre shall net be liable fen any claims fen anticipated pratits no the mantopleted par . of the goods ntdlor it,, for incidental or mnscqucWttial canaries, and that no such n(Ihstment be nude in favor of the Seller with respect to any goods which am the Scllcrs standard stock. No such termination shall eel dove the Purchaser or the Seller of any of their obI ignitions as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Arm claim for adjustmen must be asserted within thin (30) divs from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wzmnts that all grads sold hereunder shall have been produced sold delivered and fumished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents is mry be required to effect orevidence compliance. All laws and regulations required to he incorporated in agreements of this character am hereby incorporated herein by this mfemove. The Seller agrees to indenmify and hold the Purchiser harmless fmm all costs and damngc; suffered by the Punhzscr as a result of the Sellers failure to comply with such I.W. 9. ASSIGNMENT. Neither piny shall assign, transfer, or coney this order, or any monies due or to become duc hereunder without the prior written consent of the other prey. 10. TITLE. The Scllerwamns full. clearand unrestricted title to the purchaser forml equipment materials, and items famished in perfommnce of this agreement, free and clear of any and all lime, rstrietions, msenations security interest cncumbmncs and claims of others. The Seller shall release the Purchaser and its contractors of any net from all linbility and clainns of env nature resulting fmm the perfomtance of such work. This release shall apply even in the event of fault of negligence of the Piny released and shall extend to the directors. oRccrs and cntployces o'such piny. 'Doe Scllcr's contractual obligations, including warmly, shall not be devoted to be n,lived, in any way. because such work is performed or caused to be perfmtxd by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design, device, mntnial or process catered by letter, patent, mdemark or copyright. the Scllcr shall indemnify and save hnmdess the Purchaser four ary and all claims for infringement by ma,ou of the use of such pmented design. device contend or process in connection with the contract, and shall indenmify the Purchaser for any cost, expense or damngc which it may be obliged to pay by reason of such infringo rent at any time during the prosecution or after the completion of the work. In case said equipment, or any pan therief or the intended use of the goods. is in such suit held to constime infringement and the use of said equipment or part is enjoined. the Scllcr shall, at its own expense and it its option. either procure for the Pumhiscr the right to continue using said equipment or Parts. replace the soon, with substantially equal but noninlringing equipnocnt or nradify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, Welke an nssignment for the benefit of creditors, appoint a receiver or trustee fen any of the Selles paxx r or business, this order may forthwith be canceled by the Purchnmr without liability. 16, GOVERNING LAW, The defnitims of temps used er the interpretation of the agreement and the rights of all parties hereunder shall be constmed underand governed by the laws of the State of Cmondo, USA. The following Additional Conditions apply only in cases Whom the Seller is to perfan Wed: hereunder. including the services of Sellers Represcrarthc(s), on the premises ofothe s. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sync is fully completed and accepted, and shall. in vise of any accident destruction or injury to the work and/or matcrials before Sellers final completion and acceptance, complete the wore at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumished by others for installation or erection by the Seller. the Seller shall mmive, unlmd, store and handle same at the site and lueorne responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. IV. INSURANCE The Seller shall, at his own expense pmvidc for the payment of warkm compensation, including occupational disclw t encfts, to its employes employed on or in connection with the work covered by this purchase onlcr. and/or to their dependents in accordance with the Imes of the state m which the work is to be done. The Scllcr shall also carry connprchensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300.006 for any one person, b500.000 fen any one accident and propene damage limit per accident of S400.00. The Seller shall likewise require his contractors, if anv, to preside for such compensation and insumuce. Before any of the Sellers or his contractors employees shall do any work upon the premises ofshers, the Seller shall famish the Porchascrwith a ecmificmc that such compensation and insurance have been provided. Such certificates shall specify the date when such compcnsmion and insunive have becu prodded Such cenificnus shall specify the date when arch conrpensnti i and insurance expires. The Scllcr mgrccs that such compensation and insurance shall be nmintured until afar the entire work is completed and ncecptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire m,,or,ibility and liability for any and all damage. loss or injury crane kind or nature whisrever to persons or property e.ansed by or resulting fmm the execution of the work provided far in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchnsar and any or all of the P rchascrs offices. agents and employees Front and against any and ill claims losses, damages. charges or expenses. whahcr direct or indirect and whither to persons or property to which the Purchaser may be pm or subject by reason of any act, action, neglect omission or default on the part of the Scllcr, any of his comiaoa, or any of the Sellers or contmetors offifices, agents or anployces. In ease any suit or other pmccedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act aclion, neglect omission or default of the Scllcr of any of his eontrnctos or any of its or their officers, agents or employees as of eesaaid, the Seller hereby ngmes to isnmtc the defense thereof and to defend the snmc at the Solders rem expense, to pay any and all costs, chigs, attorneys fees itd other expenses. any and all judgments chit may be incurred by or obtained against the Purchaser or any of is or their offices. .agents or employees in such suits or other pmcoding,, and in case judgment or other lien he pliccd upon or obtained against the property of the Purchiser, or said panics in mass result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving hard or otherwise. The Seller and his contractors shall take all safely precautions, famish 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 Safmy and Heilth Act of 1970 and all cols and regulations issued pursuant thereto. Revised 03/2010