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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9123097PURCHASE ORDER PO Number Page City Of9123097 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/24/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordere Price PATCH WORK PETERSON/LOCUST 1 T LS 41,029.15 57638 C3. Orly-�-n2� 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 $41,029.15 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. Tax exemptions. By'tattle the City urged Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVF:R. 98-0,1502. Federal Emus Tare Exemption Certificate of Registry 94-6000597 is registered will the Collector of Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided basin or by last'. failure to promptly unify the Seller in the event of n breach, the acceptance ofor payment for goods hereunder m approval ofthe design, shall net release the Seller of Coeds Rejected_ GOODS REJECTED due to failure to meet specifications, 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 damag, in transit may be renamed to yen for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hereefor any writs right, or remedies as many such goods, regardless instructions from the City affront Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Lowered and modification or rescission of this purchase order by the Purchaser operate as a ",,fret of any of the terms Inspection. GOODS are subject to the City of Fed 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_ authorized payment on the part of the City of Fort Collins. Via wevcn it is to be understood that FINAL Seller mud the Purchaser recognize that in actual economic practice, pxcmharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedures, viNotions arc in fact borne by the Purchaser. Theretofore, for good cause and as considcmtion for executing this purchase under, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Collins. 700 Wood St_ To" Collins. CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating se the particular good or services otherwipe specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by fhc Purchaser pursuant to this purchase order. bill onlsf accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mvnofaonarers have distributing points in various parts of the country, shipment is Iffiw Pnrehiserdircas the Sellertoccrecet nonconforming ord,fcelivc goods by a date lob,agrecd aped he the cspeetcd from the nearest distribution point to destination, and excess might will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or onaillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses rcquircd by all .applicable laws, regulations, ordinances and rules of the state, municipality, territory m political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction met the mark of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and Iuss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc. in fact, bona fide and possess full and complde au(hodty to bind said parties. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 is noted. Time is of the essence. Delivery and perfoman¢ must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, avilhout limitation, acceptance ofpartial late deliveries, shall operate os a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option prefacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts afcivil or military authorities. governmental priorities, fires. ,striker, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pnrchascr within fee (5) days of the time When the Scllcr 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 of file delay. 3. WARRANTY. The Seller wardens that all goods, a rieles materials and work covered by this order will conform With applicable drawings, specifications, samples and/or other descriptions given, will be fit for file purposes intended, and performed with the highest degree of care and competence m accordance With accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense Which the Purchaser cony offer or incur on account of the Sellers breach of wammy. The Seller shall replace, repair or make fond, without cost to the purchaser, any defects or faults arising within one (I) yen' or within such longer period of time as m.ay be prescribed by law or by the terms orally applicable warm up, provided by the Seller aver the date of acceptance of the goods furnished hereunder (acceptance not to be anrcaso labb, dclaved), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crane claim under this wamnh. Except is othencise provided in this purchase order. the Sellers liability hcrcnndcr shall extend to all damages prosimamly caused by the breach of any of the foregoing ,amities or guarantees but such liability shall in no event include loss afrmfit or In,, of nsc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by Wriden change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temus, including additions to or deleions from the quantities originally ordered in the specifications or drawings, by verbal or written change older. If any such change affects the amount due or the time ar Per(omanee hereunda, in equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may it any time by written change order, terminate this agreement as to any or all pointers of the fonds then not shipped, subject to any cgnilablc adjustment between the parties as to any work or materiels then in emgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of (he good and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any good Which arc the Sellers standard ,stock_ No such termination shall relieve the Purchaser or the Seller prime of their obligations as to any Foods delivered bereender. 7. CLAIMS FOR ADJUSTMENT. An, claim fro adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller annual that all good, said hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulation, to which the goods are subject. The Seller shall execute and deliver such derailments is may be required to effect or evidence compliance. All laws rend regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agreed to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser es a result of the Scllcrs fadure to comply with such law. 9. ASSIGNMENT. Neither party shall as,ign, transfer, or convey this order, or any monies due or to beeome doe hereunder without the prior wrtten consent of the other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser, for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens restrictions, resco,lons, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such wark. This release shall apply even in the event of fatdt of negligence of the party released and shall c teal to the directors, officer, and employees ofsuch party. The Seller's contractual obligations, including w runty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by Ictter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use i such patented design, device, armorial or process in connection with the contract, and shall indemnify the Ruchnscr for any cost, expense or Finalize which it may be obliged to pay by reason of such infringement at any time during the prosecution or aller the completion of the work_ In ease said equipment, or any putt thereof' or the intended use of the goods. is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its tarn 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 noninfringing cquipntem, or modify it so it becomes anninlringing. 15.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 business, this Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights ofall panics micuvdcr shall be eon,stmed under and governed by the laws prim State of Calorade. USA. The following Additional Conditions apply only io cases where the Seller is to perform work hereunder. including the services of Scllcr, Rep ... cncdwvF;), on the premises pf abets. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the walk at Seller's own expense and to the satisfaction of the Purchaser. When mntcriaN and equipment are famished by others for installation or Licence by the Seller, the Seller shall receive. unload. store and handle same it the site and beepnm responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at Iris own expense, provide for the prynwnt of avorkers compensation, including occupational disease benefits. to its employee, employed on or in connection Wfth the work covered by this purchase olden and/er to their dependents in accordance with the laws of the state in which the'vork is to be dune. The Seller shall rise carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits afar Ica.t e000,000 for any one person, $500,000 for any one accident nod 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 contractor, employe,, shall do an, 'cork upon the premises of others, the Seller shalt furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecnificmes shall specify the date When such cnmpensaion and insurance expires. The Seller agrees that such compensation and insurance .droll be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby;i,,L e, the entire re,ponsi ofity and liability for any and all damage, loss or injury ofany kind or metre whatsoever to persons or property ,mimed by at resulting from the execution afthe work provided far in this purchase ad er or in connection here, itlt. The Seller will indemnify and hold harmless the Purchaser and any or all Of the Purchasers effects, agents and employees front and against env and all claims. losses. damages. charges or expenses, avlicthcr direct or indirect, and whether to persons or property In which the Purchaser may be par or subject by reason of any act, action. neglect, emission or default on the an of the Seller, any of his contractors, Or any of the Seller, or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or anployces et any fimc on account or by reason of any net, action, neglect, onlissipn or default of the Seller of any of his contractors or any of it, or Ihcir Officers. ,gems or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at file Sellers own expense, to pay any and all costs, charges, attorneys fees and opine expenses. any and all judgments that may be inclined by or obtained against the Purchaser 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 or obtained against the property apple Purchaser, or mid parties in or as a result orsuch suits or other proceedings, the Seller will at once cause the.same to be dissolved and discharged by giving bond or o(hctwke. The Seller and his cnntricters shall take all safety precautions, furnish and install all gamrds necessary for The prevention of accidents, comply wall ill law, and regulations with regard to safety including, bill ',iflad limitation, the Occupational Safety and Health Act of 1970 and ill rules and regulations issued pursuant (hereto. Revised 03/2010