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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9122224PURCHASE ORDER PO Number Page City Of 9122224 1 of z ' �t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 04/18/2012 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 N ote: Line Description Quantity Ordered UOM Unit Price Extended Price PATCH WORK PETERSON/LOCUST 1 LOT LS 6,319.40 57222 Total $6,319.40 C3. O✓l.-�sQ� 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 1. COMMERCIAL DETAILS. Tits exemptions. By statute the City of Fort Collins is exempt fulminate wad local ores. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Ceni Oeate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terra and conditions'hemof, failure Or delay to Internal Revenuc, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or remedies provided herein or by law. failure to pmniptly notTv the Seller in the event ofa breach, the acceptance of or payment for goods hereunder m approval ofthe design. shall not release the Seller of Goods Rejected, GOODS REJECTED duc to failure to mead specifications, either shim shipped orchic In defects of anyof the varrntics or obligations of this purchase order and chat] not be deemed o waiver of any right of the damage in transit, may be rdumed to you for credit and arc not to be replaced except upon receipt of wriucn purchaser to insist upon strict performance hercofm any ofus rights m remedies as to unv such goods, rcgnrdlcx instructions from the Cily of Fort Collins. of when shipped. received or accepted, as In any prim or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection, GOODS arc subject to the City of Pon 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 ANTITRUSI-CLAIMS. nuthoritled payment on the part of the City of Port Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitmst ACCEPTANCE. is dependent upon completion of all applicable required inspection procedures, violations are in fact borne by the Purchaser. Theretofore, for gored cause and as consideration for exectiling this purchase enter. the Seller hereby nxigns to the Purchaser any and all claims it tray now have or herca0cr Freight Terms. Shipments most be F.O.N.. City of Fort Collins, 7M Wood St. Fort Collins. CO 80522. unless acquired under federal or state antitmst Inns for such overcharges relating to the m n solar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr 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 manuf starers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller incorrect nonconforming or defective goods by a date to be agreed upon by the expected! tram the nearest disiribmion point to destination. and excess freight will he deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or nnwillingnecs m enmply, the Pumhasc shipments arc made bourn greater distance. may cause the work to be performed by the most expeditions means available to it and the Seller shall pay all ends ossocimed with such work, Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable lases, regulations, ordinances and rules of the state, municipality, clips, or political subdivision where the work is performed, or required he any other duly constituted public authority having jurisdiction Orer the work of vendor. Seller further agrees to hold the City of Fell Collins hemdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulntimts, onlinmmes, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess bill and complctc authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hercin set forth and any suppkmcntury or additional terms and conditions annexed herd, or incorporated herein by reference. Any additional or different terms and conditions proposed he seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence, Delivery and pert emance must be effected wphin the time stated on the purchase order and the documents attached hereto. No am of the Purchasers including, without limitation, acceptance ofpartial late deliveries. shall opemc as a waiver of this provision. In the event ofanv delay. the Porch nscr 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 (]tic to causes not reasonably foreseeable which arc bevnnd its reasonable control and without its built of negligence. such acts of Gad, acts of civil Or military authorities, go-cmmcntal priorities, rims, strikes, flood, epidemics. ours or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3, WARRANTY. The Seller wamos that all goods, articles, materials and work covered by this order will confomn with applicable drawings. specifications, samples and/or 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 hamlets from any Ions, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace. repair or make good, without cost to the purchaser, any defmts or faults arising within one (1) year or within such longer period of time as may be prescribed by law of by the teats of any applicable warmnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance net to be unreasonably delayed), resulting front imperfect Or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not c'onstitme a waiver ofanv claim under this wamnry. Esecpt ns Otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing swam miss or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI]At.1. APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by w'rioen change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Tema, other than legal terms. including additions In or dcleti ons from the quantities nri,mally ordered in the speci freations or drawings, by verbal or written change order, If any such change a(feets the amount due or the time of Performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pointers of the goods then not shipped, subject to any equitable adjustment bensecn the panics as to any work or mat riuls then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or is ork, for incidental or consequential damages, and that no such adj Insolent he made in favor of the Scllcr with respect to any goads which are the Sellers standard stock. No such terminal ion shell relieve the Purchaser Or the Seller of any of their obligations as to any goods dell ivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for u1iustmeat nmst be asserted within thirty (30) days from the date the change or derminalion is ordered. S. COMPLIANCE WITH LAW. The Seller variants that all goods sold hereunder shall bare been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subi The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to he incorporated in agreements of this character arc h ncby incorporated hercin by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. Q. ASSIGNMENT. Neither party .shall assign. transfer, or convey this order, or rimy monies due or to become due hereunder without the Prior written consent of the other party. 10. T'ITLE. The Seller 11nan11 full. dear 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, reservations, security interest cocumbmnccs and claims ,f Othcr,. The Seller shall release the purchaser and its contractors of any net from all liability and claims of any mturc resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, often, and cnphoyccs ofsuch pity. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is perforated or cursed to be perfomned by the Purchaser. 14. PATENTS. Whenever the Seller is required in tics any design, denies. material or purees, covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and nil claims for infringement by mx on of the use of such intended design, device, material or prose. s in connection with the contract. and shall indenmify the Purchaser for tiny cost, expense or damage which it may be obliged to pay by meson of such infringement at anv time daring the pmseeution or after the completion of the work. In ease 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 said 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 cquipnrenl or parts, replace the same with substantially equal but nuninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imolvmn or bankrupt mnkc an assignment for the hencfn of creditors, appoint a receiver Or inowe for any of the Sea l hers property or business, this order may fort hwi I he canceled by the Pu rchroer without Ii lbi lily. 16. GOVERNING LAW. The definitions Of terms itself or the interpretation ofohc agreement and the rights ofn11 parties hereunder shall be construed undcr and governed by the Imes of the State of Colorado. USA. The following Additional Conditions npply r iy in cases where the Seller is to perfnm work hereunder, including the services OfSellers Rcprescnmtive(s), no the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall can)' on said work at Scilcr's own risk until the same is fully completed and accepted, and shall. in case of any acc ideal destruction or injury to the work andoor materim is before Seller's final completion and neeeptance, complete the work at Seller's own expense and In the ,satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive intend, store and handle same at the site fact become responsible therefor as though such materials indoor equipment were being furnished by the Scllcr under the nalcr. 19, INSURANCE:. The Seller shall, at his men expense. pmv ids for the payment Of workers compensation, including occupational disease benefits. 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 Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited In. contractual and automobile public liability in.uramw o ith hudily injury and death limits of at least 5300,000 for anyone person. S500,00e for any One accident and property damage limit per accident of S400,0100. 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 donne work upon the premises of.thers. the Seller shall famish the Purchaser with a Ccni Gcetc that such compensation and insurance have been provided. Such certificates .shall specify the date when such compensation and insurance have been prodded. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be mfintained Limit after the entire stork is compdefcd and acecpmd. 19. PROTECT'ION AGAINST ACCID17N'I'S AND DAMAGES, The Seller hcrchy nssunws the entire responsibility and liability for any and all damage, loss or iniLip' ofanv kind Or nature whosoever to prisons or Property caused by or resulting from the escculimn ofthc work provided for in this purchase order or in connection herewith. l lac Seller will indenmify and hold harmless the Purchnscr and any Or all of the Purchasers nfree,. rgmns and nmplovecs from and against ray and dl claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to .shish the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees, in ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by reason of any act aclion, neglect moissinn or default of the Seller of any of his contractors or any of its or their officers, agents or cmplOyccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the Faam at the Scllcrs man expense, to pay anv and all costs, charges, attorney, fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offecn. agents or employees in such suits or other Proceedings. and in cam judgment or ether lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such .suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Set lea and his contacors shall lake all safety precautions. finish and install all guards necessary for the prevention of accidents, comply with all laws and regulations smith regard to safely including. but without limitation, the Occupational Safoy and Health Act of 1970 and ell talc and regulations issued pursuant harem. Revised 03C010