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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9122223PURCHASE ORDER PO Number Page City Of9122223 ' of s a t Collins oll` I ns This number must appear ` on all invoices, packing slips and labels. Date: 04/1812012 Vendor: 103941 Ship To: WATER UTILITIES CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS CIS " 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/18/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price PATCH WORK 1200 BLK ELIZABETH 1 LOT LS 6,621.26 57263 C3. O✓1�:s4 �- 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 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 statute the City effort Collins is exempt fmm state and local taxers. Our Exemption Number is I I. NONWATVER. 9R-04502. Federal Eseisc Tax Exemption Ccnific im of Registry 84-OOIX)5R7 is registered with the Collcom of Failure of the Purchaser to insist upon strict performance of the screw and conditions hereof, taihnc or delay to I ntcreal Revenue. Denver, Colorado (Ref. Colorado Revised Standes 1973. Chapter 39 26. 114 (n), exercise any rights or remedies pmvided herein or by lam, failure, to promptly notify the Seller in the event off breach, the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to faihim to meet specifications, either when shipped or due to dcbcets of any of the warnnlics 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 von fur credit and arc not to be replaced except upon rcceipd of written purchaser to insist upon strict performance hereof ormy of its rights m remedies as to any such goods, mp ..lie,, instructions from the City effort Collins. of when shipped. received or accepted, ns to any prim or subscquem default hereunder, nor shall any purported mal modification or rescission of this purchase Order by the Purchaser operate as a waiver of any of the lem's, Inspection. GOODS are subject to the City of Fort Collins inspection on arrive]. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENT Of ANTITRUST CLAIMS, authorized payment on the pan of the City of Fan Collins. However. it is to be Understand tint FINAL Seller and the Purchaser recognize Ilan in actual cernonhic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdurcs, violations arc in fact boom by the Purchaser. Theretofore, for good emu, 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 Terms, Shipments must be F.O.B.. City of Fort Collins, 700 Woad St.. Fort Collins, CO 90522. Unless acquired under federal or state antitrust laws far such overcharges relating In the particular goods or services mhervisc spoeificd on this order. If pemnission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from great,, distance. Permits. Seller shall pmcurc at sellers talc cast all necessary pewits. certificates and licenses required by all applicable lams, regulations, ordinances and riles 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 further agrees to hold the City of Fort Collins hamlets free, and against ell lishility and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorizntioo. All parties to this contract agree that the representatives arc. in fact, bona ride and possess fill] and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms nail conditions stated herein set forth sold any supplementary or additional semis and conditions annexed hereto or incerpr nned herein by reference. Any additional ordi Rcrent mrms and conditions proposed by seller arc objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment In arrive on your, promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pnrchascr., inhaling, without Iimitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision, In the pens of any delay, the Purchaser shall have. in addition to other legal and equitable remedies. the option ofplacing shin order elsewhere ,and holding the Seller liable for damages. Hmvcver. the Seller shall not be liable for damages ace a result of delays disc to causes nor reasonably foreseeable which are beyond its reasonable control and without its fnntl of negligence. such acts ofGM, acts ofeivil or military authorities, governmental priorities, fires, strikes. Ruud, epidemics, wars or riots pmvided 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 fatally such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller wooers that all rands, asides materials and work emend by this order will conf m with applicable drawings, specifications, samples and/or other descriptions given, will be Ft for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar ensure. The Seller agrees to hold the purchaser harmlcc from any lac, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of eamnrv. The Seller shall replace, repair or make goad, without cot to the purchaser. any defects or faults arising within one (1) year or ailhin such longer period of time as may he prescribed by law os by the terms offal applicable wamnty provided by the Seller after the date of .acceptance of the goods famished hereunder (,acceptance not to be unreasonably delayed). resulting fmm imperfect or Icfccti,c work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a ,river ofany claim under this ,am. my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately eansed by the breach of any of the foregoing wromntics or guarantees, but such liability shall in no event include loss of profits at loss of usc. 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 mder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaur may make any changes to the Iems, other than legal terms, including olditimrs to or deletions fmm the quantities originally ordered in the speeirieations or dmwings, by verbal or written change Order. If any swch change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as In any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as many murk Ur nmtcrialx then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefus on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in 1'zwm of the Seller with respect to any goods which arc the Shccrs standard stock. No such termination shall relieve the Purchaser err the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or Iemination is ordered. R. COMPLIANCE WITH LAW. The Seller wamad, that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict compliance wish all applicable laws and regulations to which the gods arc 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 Purchaser hnrmle,s from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, firmly monies due or to become title hereunder without the prior written consent of the other pram. 10. TITLF. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens restrictions, mscr,minre, security interest encumbrances and claims Mothers. 13. PURCI IASF,RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the Pnrchascr and Om Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Perfumed by the most expeditious means available to it, and the Seller shall pay all costs ns,ecintcd with such work. The Seller ball release the Purchaser and its contractors of any tier from all liability and claims of any nnlure resulting from tlm performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend raw the dimclam officers and employees of -such part. The Seller's contactual obligations. including wamnt, shall not be deemed to be reduced, in any way. scants, such work is performed or crossed In be performed by the Purchaser. 14. PATENTS. R'hcnc'e, the Seller is required to use any design. device, material or process covered by let er. patent, trademark or copyright. the Scllcr shall indemnify and save hnmllcss the Purchaser front any and all claims for infringement by reason of the use of such patented design, desire, material or process in connection with the contract, and shall indemnify the Pnrchascr for tiny cost. expense ar damage which it may be obliged to pay by reason efsuch infringement at any linen during the prosecution or after the completion of the work. In case said equipmenl, or any part thereof or the intended use of the goods, is in such suit held to conpitute infringement and she use of said equipment Ur pun is enjoined, the Seller shall, at its own expense and at its option, either pmcurc for the Purchascr the right to continue using said equipment or pans, replace the snot, with substantially equal bill noninfringing equipment. or nindiby it so it becomes noninfringing. 15. INSOLVENCY. If the Sclier shall become insolvent or hankmpl make in assignment for the benefit of creditors. appoint a rcecivcr or tmncc far any of the Sellers property or business. this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The deinitions oftcrmx used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colnnde. USA. The bellowing Additional Conditions apply only in crises where the Seller is to perform work hereunder. including the a imiccs. of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sell"" own risk until the .amne is fully completed and accepted, and shall. in cast of any accident destruction or injury m she work and/or materials before .Seller's final completion nail acceptance, complete the work at Sellers men expense and to the smisfactio s of the Purchascr. When materinls and equipment arc furnished by others for installation me erection by the Seller. she Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such materials and/err equipment mere being furnished by she Seller under the order, 18. INSURANCE. The Seller shall, at his To expense, provide for the payment of workers compensation, including oeenpational disease mr,crirs. to its entplayers employed on or in connection with the work covered by this purchssc order. endlor to their dcpcndcnts 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, bill ram limited to, contractual and automobile public liability insurance wins bodily injury and death limits of rat least S3010. 00 for any one person. S500.I0n for silly one accident and property damage limit per accident of S400,000. The Seller shall likewise sequins, his contmdo¢, if any, to provide for such compcnsntion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others the Seller shall furnish the Pnrchascr swish a certificate that such compensation and insurance have been provided. Such certificates shall specify the dale when such ,vomenansion and insurance hr,v been provided Such ccrtilicams shall specify she date when such compensation and insurance expires. The Seller agrees that such compensation and insurance zhall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage loss or injury ofany kind ar nature is hatsne,er to persons or pnperty, caused by or resulting fmm the execution of the work pmvided for in this purchase order m in connection herewith. The Seller will indemnify and hold hnmllcss the Purchaser and any or all of the Purchasers officers, agents and employees Bear and against any and all claims losses, damages. charges or expenses. whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason afnny act, action, neglect, emission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agcnts or employees. In case any suit or other proceedings ,doll be brought against the Purchascr, or its officers, 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 it or their officers, agcnm err employees as aforesaid, the Seller hereby agrees to assume the defense thereof and In defend The same at the Sellers own expense. to pay any and all costs c]amcs, nnoncys fees and other expenses, any and ,If judgments that may be incurred by or obtained against the Purchascr or any of its or their officers. agents or employees in ,such suits or other proceedings, and in case judgment or other lien be placed upon nr obtained marina the property of the Purchascr, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause Imsame to be dissolved and discharged by gising bond or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all gnats necessary for the prevention of accidents. enmply with all Imes and regulations with regard to safety including, but without limitation, the Oecupafional Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010