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HomeMy WebLinkAbout486984 REYNOLDS INLINER LLC - PURCHASE ORDER - 9123460City of Fort Collins Date: 06/13/2012 Vendor: 486984 REYNOLDS INLINER LLC 7915 CHERRYWOOD LOOP KIOWA Colorado 80117 PURCHASE ORDER PO Number Page 9123460 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 06/13/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Cured in place pipe at Edora pump plant intake WO# P12-18 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 1 LOT LS 18.500.00 Total $18,500.00 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 of Fon Collins m exempt from state and local taxes. Our Exemption Number is I I. NONWAIV ER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6rR11587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the tents 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 hcrcin or by law, failure to promptly notify the Seller in the event urn breach, the accervor c ofor payment for goods hereunder or 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 warm Mies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rcmmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to anv such goods, rcgnrdless instructions from the City of Fort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, not shall any purported Oral modification or rescission of this purchase order by the Purchnscr operate as a waiver Of any of the mrnw Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. hcrcof. 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, Howeve, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in Lid borne by the Purchascr. Theretofore, for good cause 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 Tcnos. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St.. Fort Collins CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the panicular 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 Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits, Seller shall pmcurc at sellers sole cost all accessary, permits, certificates and licenses required by all applicable laws, regulations ordinances and rules of the state, municipality, territory or political subiv dision where Perfumed, work is Perfued, or required by any other duly constituted public authority having jurisdiction aver the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parries to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF 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 ordi Rercnt terms and conditions proposed by seller are objected o 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 performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere sad holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and x ithout its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or tints provided 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for the porpascs 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by Inv or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from ialperfcct on defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or 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 terns by written chance 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 gturatilic, originally ordered in the specificitim s Or drawings, by rerbal or written change Order. If nay inch change affects the amount due or the time ofperfnrmance 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 portions of the goods then not shipped subject to any equiable adjustment between the parties as to any work or mamn is 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 ofthe Seller with respect to any goods which rare the Sellers standard .stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusrocat most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such ducumcnts as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character nnc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller ...is full, clear and unrestricted title to the Purchaser retail equipment materiak, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest cncumbmnces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be ag ed upon by the Purchnscr and the Scllcr, and the Seller thereafter indicates it inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay nil costs... atiatcd with such work. The Seller shall release the Purchamr and its contractors or any tier from all -liability and claims of any adore resnlliag from the perfnunance Ofsnch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, o1T¢ers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed Or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case 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 pmcurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment. or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sol lots property or business this order may fnnhwi th be canceled by the Purchaser without Iiahilite. 16. GOVERNING LAW. The definitions of icmu used or the interpretation Ofthc ago cmem and the rights ofall panics hereunder shall be construed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services OTSellers Rcpresentative(s), oa the premises..others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's man risk until the same is fully completed and accepted, and shall. in case of any accident, destnation or injury to the work and/or materials before Set ler's final completion snd acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall 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 Seller under the order. 19. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers compensation, including occupational disease lanterns. to its employees employed on of 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 insurance with bodily injury and death home, of err Ieasr $300,000 for any nnc person. SSW." for any one accident and 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 contractors employees shall do any work upon the premises ofnthers. the Seller shall famish the Parchrscr.vith a ecnificate that such compensation and insurance have been pmvidcd. Such cenificates shall specify the date when such mpcnsmlon and insumaca have been provided. Such certificates shall specify the date when such compensation and insurance cspires. The Seller agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssumcs the entire responsibility and liability for anyand all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution tribe work provided for in this purchase onler 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 to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors ofieco, agents or employees. In case any snit or Other porccedings shall be brought against the Purchaser, or its Officers. agents or employees at any time on account or by reason of any aa, action, neglect. omission or default of the Seller ofany of his contractors or any of its or their officers, ognas Or employees as aforesaid, the Seller hereby ngrces to assume the defense thereaf and to defend the samc at the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their omcets. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed ugmn or obtxincd ngainst the property of the Purchnscr, or said parties in or as a result of such suits or other pmceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act Of 1970 and all talcs and regulations issued pursuant thcmto. Revised 0312010