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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9123098City of /,F�Ort Collins Date: 05/24/2012 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS "` PO Number Page 9123098 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: 05/24/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered i' Price PATCH WORK 4017 SHANNON DR 57588 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.corn 1 LOT Total Invoice Address: 17.755.42 $17,755.42 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax esemptions. By smarm the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certifeme of Registry 84-600111 is registered .with the Collector of Failure of the Purchaser to insist upon strict perfomanec of the toms and conditions hereof. failure or delav in Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39-26, 114 (cL exercise any rights or remedies pmyided herein or by law, failure to pmmptly notify the Seller in the event of a breach, the toceptur cc ofor payment for foods hereunder cr approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either When shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit. may be rctumcd to you for credit and are not m be replaced except upon receipt of written purchaser to insist upon strict performrnce hcreofor any Of its rights or remedies as to any such goals, regardless instructions from the City of Port Collins. of when shipped, received or accepted, as in any prior or subsequent default hermotdcr. nor shall any pugmned Oral modificalion or resei lion of this purchase order by the Purchaser operate as a waiver crony of the terms Inspection. GOODS arc subteen to the City riffraff 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. anthorizcd payment on the pan of the City of Ford Collins. However. it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting frnm antitrust ACCr:PTANCF, is dependent upon completion ofr11 applicable required inspection pmecdures. vialnlimis arc in fact horse by the Purchaser. Theretofore for good cause and as consideration for,scouting this purchase order. the Seller hereby assigns to the Purchaser any and all claims it ram' now have or hereafier Freight Teats. Shipments most be F.O.H.; City of Fan Collins, 700 Wand St.. Fran Collins. CO 90522. unless acquired under federal or stale antimusl Imes for such arcrchnrgcs relating to the pnnimulnr, goods or services otherwise spceilmd on this order. If permission is given to prepay freight and charge scl entely, the original freight purchased or acquired by the Purchaser puumrat to this purchase order. bill must accompany invoice. Additinnal charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipmcnt is expected Fiona the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments me made from greater distance. Permit,, Seiler shall procure at sellers sole cost all necessary pcmits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state. municipality, territory or political subdivision x'here the work is perfomed, 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 hamless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances odes and rcquitemcnts. Authorimtion. All panics to this contract agree that the representatives arc, in fact. bona fide and possess tell and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order exprm ly limits acceptance to the toms and conditions sated herein set fnnh and any supplcommary or additional tams and conditions annexed hereto or incorporated herein by reference. Any ndditionrl tar di Rercut Icros and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCIIASING AGENT immedialcly if you cannot make complete shipmcnt to arrive an your promised delivery, date as noted. Time is ofthc essence. Delivery and performance rourt be effecled within the time stated on the purchase order and the documents enriched hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delav, the Purchaser shall have. io addifion to other Icgal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shag not be liable fat dmmagcs as t resull of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its Dull of negligence, such acts of God, acts of civil or military an:hamics, go, cmmental priorities, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing .such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of dcl ivery shall be extended for the period equal In the time actually lost by reason of the delay. 1. WARRANTY. The Seller warrants that all goods, articles materials and work covered by this order will conform with applicable dma'ings, specification, maples and/or other descriptions given, will he fit for the purposes intended, and perfumed 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 cony su Rer or incur on account of the Scllcrs hreech of wamnty. The Scllcr shall replace, repair m make ,and, without cost to the purchaser, any defects or faults arising within one (I) year or svi TL in ,such larger period of time as may be prescribed by Ina Or by the terms ofany applicable wamnty provided by the Scllcr a0cr the date of acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done tar materials remedied by The Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability bacunder shall extend to all damages proximately caused by the breach of any of the foregoing w'nm nudes or guarantees, bill such liability shall in no event include lass of pmtit or lass of use. NO IMPLIED WARRANT \' OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SILLLL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletimus froul the qunnliticx originally ardercd in the specifications or dmaings, by verbal or wrincn change aoh,. it any net, change affects the amount due or the time afperfomarec hercunder. an equitable adjustment shall he made. h. TERMINATIONS. The Purchaser may at any time by written change order, tomuinate this agreement as to any or all portions of the galls then not shipped, subject to any equitable adjustment bcr,een the panics as to any work or materials 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 work, for incidental or consequential damages, and that no such adjustment be made in favor of The Seiler With mspecl to any goods which are the Sellers standard stock. No such termination shill relieve the Purchaser or the Seiler of any of their obligations as to any gods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty, (30) days from the date the change or Icmination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are 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 arc Inuebv incorporated herein by this wlcrcnec. The Seller agrees In indemnify and hold the Purchnscr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers Failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior wrincn consent of the other party. IO.TITLE. The Seller warm rats full, clear and unrestricted title to the Purchaser for all equipment. ma trials, and items furnished in perfarimm ce of this agreement. free and clear of any and all liens, restrictions, resenmions, security interest encumbrances and claims of others. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed alien by the Purchnscr and the Seller and the Seller thetas Oct indicates its inability, or onwillingncss to comply, the Purchaser may cause the work to be performed by the most expeditious mcnns available to it, and the Seiler shall par all costs associated n'ith such work. The Seller shall release the Purchnscr and its contractors of env tier from all liability and claim's of any nature resulting from the porformancc of such work. This mlene shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, officersand employees of such party. The Seller's contractual obligations. including wamnty, shall ram be deemed to be reduced, in any wry. because such work is performed or caused to be performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to u.su any design, device, material ar proees,s covered by letter, patent, trademark or copyright, the Sellershall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, devim, material or proees in eonneelion with the contract, and shall indemnify the Purchaser for env cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the preseention or after the completion of the work. In ease 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 mid equipnmcat or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchnscr the right to continue using said equipment or pans, replace the same With substantially ttpml but noninfringing equipment, or mmlify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall became insoba nt or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or motee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. OOV ERNING LAW. The definitions of toms used or the interpretation ofthc agreement and the rights ofxll panics hercunder shall be conatmel under and governed by the laws ofthe State of Cnlomde. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represenmtoarsk on the premises ofothcrs. 17, SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's own risk until the mate is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materiak before Seller's final completion and acceptance, complete the mark an Seller's own expense and to the satisfaction of the Pamhascr. When materials and equipment arc famished by others for installation or creation by the Seiler. the Seller shall receive, unload, store and handle mate al the site and become respansible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall. al his own expense. pro, idc for the payment of o'orkcm compcomlinn, 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 laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability asnainec .with bo.olily injury and death limits of t t least SM0,000 for any one e person. $500,000 for aov anc occident and property damage limit per accident of S400,000, The Seller shall likewise require ochis contractors, irony. to provide for such compensation and insurance. Before any of the Sellers or his contmclars employees shall do any work upon the premises of mica. the Seller shall famish the Purchaser with a ecnificatc that such compensation and insurance have been provided, Such ocif boated shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be nmintaired until after the entire work is completed and accepted. 19, PROT EClION AGAINST ACCIDENTS AND DAMAGES. The Seller Tomby asxnmcs the entire responsibility and liability fur any and all damage. loss or injury firmly kind m nature what,never to persona or proper caused by at resulting from the vmcution of The Work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims losses damages. charges or expenses, whether direct or indirect, and whether In persons or property to which the Purchaser may be put or mhjeet by reason of any act, notion, neglect, nmissim, or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmcccdings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of anv act, action, neglect, emission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as i orcalid. the Seller hereby agrees to assume the defense thereof and In defend the ,.,me at the Scllcrs own expense, to pay any and all crisis, charges, attnmcys fees and other espcncs. any and all judgments that nary be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in %itch ,snits or other pmcccdings, and in ease judgment or other lien be placed upon Or obtained against the pmpcny of the Purchaser, or said panics in or as a result of such suits or other pmccedings, the Seller will at once cause f is mine to be dissolrcd and discharged by giving bond or othcrndse. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to mfery including, but without limitation, the Occupational Safery and Idcalth Act of 1970 and all rules and regulations issued pnRnant thereto. Revised 03/2010