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HomeMy WebLinkAbout193076 RISK REMOVAL INC - PURCHASE ORDER - 9123275City OfPURCHASE ORDER PO Number Page ///��� 9123275 1 of 2 `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 06/07/2012 Vendor: 193076 Ship To: OPERATIONS SERVICES RISK REMOVAL INC CITY OF FORT COLLINS 1925 TIMBERLINE RD #1 300 Laporte Avenue FORT COLLINS Colorado 80525-4312 Building B FORT COLLINS Colorado 80521 Delivery Date: 06/07/2012 Buyer: OPAL DICK N ote: Line Description Quantity Ordered UOM Unit Price Extended Price 212 LaPorte Avenue 1 LOT LS 2,800.00 Provide abatement services for the removal of 130 I.f. of pipe and pipe insulation per the proposal dated 5/24/12. 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 Invoice Address: $2,800.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tan escromim s, By stemte the City of For, Collins is exempt form state and local t scs. Our Exemption Number is 98-04562. Federal Excise Tam Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications either when shipped or due to defects of damage in transit, may be mmmed to von for credit and am not to be replaced except upon meeipt of written instntctions form the Citv of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, 11. NONWAIVER. Failure of the Purchaser to insist npon strict performance of the terms and conditions hereof, failure or delay to cxcmise any right%or remedies provided herein or by lase, failure to promptly notify the Seller in the event of a breach, the acecptance of or payment for gondc hereunder or approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of 0hen shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral aodi ficafirn or rest ission of this purchase order by the Purchaser operate as a waiver Of any Of the name, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IG NA I ENT OF ANTITR UST CLA I M S. iuffamired payment on the pan of the City of Fort Collins. However. it is to be nndmtand that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting form antitmst ACCEPTANCE is dependent upon completion ofall applicable oxfoited inspection poreedurce, violations arc in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase enter. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.R.. City of Fort Collins. 700 Wood St, Pon Collins. CO 80522. unless acquired under federal Or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to pmpay freight and charge sepnmtely, the original freight purchased or acquired by the Purchaser pursomf to this purchase order. bill most accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaetomrs have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination. and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicate its inability or umvillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pry ill costs associated with such work. Permits. Seller shall procure at sellers role cost all necessary permits. certificates and licenses required by all applicable Imes, regulations, Ordinances and rules 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 harmless form and against all liability and loss incurred by them by reason infant asserted or established violation of any such laws, regulations, ordinances, odes .ad requirements, Authorization. All panics to this concoct agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the toms and conditions stated herein set forth aad any supplementary or additional tcmu 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 as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. Nu acts of the Pu rehisers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of th is provision, I the event of any delov, the Pu mhawr shall hare, in addition to other legal and equitable remedies. the option of placi ng this order elsewhere and holding the Set let liable for damages. However, the Seller shall not be liable for damages in; a result of delays dnc to causes not reasonably foreseeable which are beyond its reasonable coined and without its fault of negI genre. such acts of God, acts of civil or military authorities. governmental priorities fire%, strikes flood, epidemics, wms or riots provided that notice of the conditions causing such delay is given to the Purehiscr within five (5) days of the time %when the Sell let 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 the delay. 3. WAR RANTY. The Seller wamnts that all goods, articles, materials and work cowered by this order will comfort with applicable drawings, specifications, samples and/or other descriptions given, will he Fitt for the Porpoises intended, and performed with the highest degree of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harwlcss from any loss, damage or expense which the Pu¢hascr may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair of make good, without cost to the purchaser, any defects or faults arising within One (1) year or within such longer pain of time as maybe prescribed by Ines or by the more, of any applicable wamnty provided by the Seiler after the date of acceptance of the goods furnished hereunder(acecptance not to be unrcawfuthly delayed), resulting from imperfect or defective work done Or materials furnished by the Seller Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach fany of the foregoing wamntics Or guaantces, bra tomb liability shall in no event include loss Of profits or Inns of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mnv ninke changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications Or drawings, by verbal Or wriucn change Order. If any such change affects the amount due or the time ofperfomance hereander, an equitable adjustment shall he made. fi. TERMINATIONS. The Pnrchascr may at any time by written change order ruminate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmlits on the uncompleted portion of the goods and/or work. for incidental or consequential damages. and that no such adju tmcnt he made in favor of the Seiler with respect to any goods which am the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good del it Cmd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he assencd within thirty (30) days form the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seiler wamnty that all goods sold hereunder shall haee been produced. sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject The Scllcr shall execute and deliver such documents as nay be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr ngmes to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Pureluaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or Convey this order. many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller womnts full, clear and uniestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cm umbmncc%and claims nfodors. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This mica a shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. nIfrco and employees nfsuch piny. The Settees contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is perlmou d or caused In be perfnrtcd by the Purchaser. 14. PATENTS. W hcncvcr the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlets the Purchaser from any and all claims for infringement by reason of the use of such patcmed design, device, material or process in connection with the contract, and shall indemnify the Pumfir cr for any cost. expanse or damage which it nay be obliged to pay by reason of such infringement at any tines during the pmsceaion or after the completion of the work. In case said equipment or any pan thereof nr 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 Seiler shall, at its own expense and at its Option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15.INSOLVENCY. If the Seiler shall beconc insolvent or lenoopt, make an assignment for the benefit of creditors, appoint a receiver or hostile for any of the Sellers pmpcmy or bnsines, this order may forthwith he canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation Ofthc agreement and the rights Ofall panics hereunder shall be consumed under and governed by the laws ofthe State of Colu ado, USA. The following Additional Conditions apply only in cases where the Seller is to pennon work hemundcn including the .mites of Scllcrs Repmsentative(s), on the pmmises of others. 17. SELLERS RESPONSIBILITY. The Sellct shall carry no said weak at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident destruction or injury to the work nn0or materials before Scllcrs fund completion and acceptance. complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Scller shill receive, unload, store and handle same at the site and become responsible therefor as though such materials and/Or equipment were being furnished by the Scllcr under the order. 18. INSURANCE:. The Seller shall, at his own expense, provide for the payment of workea 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 Incas of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to. contmenaol and automobile public liability insurance with bodily injury and death limits of at Icast S300,000 for any one person. S504000 for any one accident and property danmgc limit per accident of S400.000. The Seiler shall likewise require his contractors. if icy, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcniscs of others, the Seller shall 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 certificates shall specify the date when such eonmensmion and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGA INS ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or progeny caused by or resulting from the execution of the work provided for in this purchase Order or in connection herewith. The Seller will indemnify and hold hamdcss the Purchaser and any or all of the Purchasers officers, ngcnt% and employees form and against any and all claims, losses, damages, charge, or expenses whether direct or indirect, and whether to persons Or property in which the Purchaser may he pot .,.,object by reason of any act, action, neglect, nmissHm or default on the pan Of the Seiler. any Of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any sail or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason Of any act, action, acglecf. omission or default of the Seller of any of his eommctors or any Of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the save at the Sellers own expense, to pay any and all costs, charges, attorneys lies and other expenses. any and all judgments that any he incurred by Or obtained against the Purchaser Or any Of it%or their officers, agents or employees in such suits or Other proceedings, and in case judgment or other lien he placed amen or obtained against the property ofthc Pnrchascr, or said panics in or as a result of such suits or other proceedings, the Seller will at Once cattle the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention Of accidents. comply with all law% and regulations with regard to safety including, but without limitation, the Occupational Safety and I Icalth Act of 1970 and all roles and regulations issued pursuant thereto. Revised OV2010