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HomeMy WebLinkAbout181155 WEST COAST ROTOR - PURCHASE ORDER - 9123655Fort Collins PURCHASE ORDER PO Number Page 9123655 1of2 This number must appear on all invoices, packing slips and labels. Date: 06/22/2012 Vendor: 181155 Ship To: CITY OF FORT COLLINS WEST COAST ROTOR P O BOX 580 119 WEST 154TH ST FORT COLLINS Colorado 80522 GARDENA California 90248-2201 Delivery Date: 06/21/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 1 LOT LS 16,257.00 Sludge Pump rebuilds, 8762 Total $16,257.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By st.mtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000537 is registered With the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hercur. failure or delav to Internal Rcvcmm. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by lax', failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for Soo&, hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to defects of any of the aammics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be mourned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcmoforany ofits rights or remedies ns to any such goods, regardless instructions from the City effort Collins. of when shipped, received ar accepted, as to any prior or subsequent default hereunder. nor shall any purponed and 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 Fort Collins inspection on arrival. hereof. Final Acceptance. Rmcipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However. 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 fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hembv assigns to the Purchaser any and all claims it may now have or hcreafler Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fon Collins. CO 90522. unless acquired under federal or state antitrust Imps for such overcharges relating to the particular 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 must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufachrren have distributing points in various parts of the country, shipment is If the Purchaser dimcls the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the expected tram the ocarcst distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness 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 pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary peanuts, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perfomred, 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 hamdess from and agmnst all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws. regulations ordinances, rules and requirements. Amhorication. All panics to this conflict agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OE TERMS. This Purchase Order espressly 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 remw and conditions pmposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to olive ran your promised delivery date as noted. Time is nftbe m,,acc. Delivery and performance mast he 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 amiver ofthis provision. In the event artily delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this order elsewhere and 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 are beyond its maormahle, control and without its fault of negligence, ,such acts of God, acts ofeivil or military authorities. govemmennl priorities, fires, strikes flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthc time when the Seller first received knowledge fhcmall In the event array such delay, the dare of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warms that all good, articles materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be ❑t for the par oscs intended, and performed with the highest degree of cats and competence in accordance with accepted standard for work Ora 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 Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year m within such longer period of fire as maybe prescribed by lase or by the terms of any applicable wamnty pmvidcd by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unmasonably delaved). resulting from imperfect or defective Work done or materials fumishcd by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver firma, claim under this wnmmy. Except as otherwise pmvidcd in this purchase order, the Sellers liabiliy hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wam,atics or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temw by wrinen change order. S. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other than legal tans, including additions to or deletions from the quantities originally ordered in the .specifications or drawings, by verbal or .,firma change order. If any such change affects the amount due or the time of pct oratance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to anv nr all portions of the gads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion of the gavels and/or work. for incidental or conscqucntial damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gaaLv delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thine (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller variants that all galls sold hereunder shall have been produced, sold, delivered and famished 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 he incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser 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 parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser forall equipment. materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, rescrvntions security, interest encumbrances and claims of others. The Seller shall release the Purchaser and its eontnctors of any her from all liability and claims of any nature resulting from the pert mranee of such work. This release shall apply c,cn in the event of finit of negligence of the party released and shall extend to the dimetors. officers and employees of Bach party. The Seller's contractual obligations, including ammary, shall not be deemed to be reducnt in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by Icrcr, patent, trademark or copyright the Seller shall indemnifv and save hamdess the Purchaser from any and nil claims for infringement by reason of the use of such patented design, device, material at 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 procure for the Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but noninfringing equipment or modify it so it becormes noninfringing. 15. INSOLVENCY. If the Seller sball beconmc insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or notice for any of the Sellers property or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions armors used or the interpretation ofthe agreement and the rights ofall panics Immunder shall be consorted under and governed by the laws ofthe State of Colondo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpmseraf ive(s), on the pwmiscs Or others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pamhasor. When materials and equipment arc famished 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. IS. INSURANCE. The Seller shall, at his own expense, provide 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 Imps of the state in which the work is to be done The Seller shall also carry comprehensive gencnl liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limit, of at least S100.0ful for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise rcquirc his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall de any work upon the prmniscs of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ceniticams 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 Seller agrees that such compensation and insumncc shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hccbv asntmes the entire responsibility and liability for any and all damage loss or injury artily kind nr rahuc whatsoever to persons or pmpcm caused by or resulting from the execution ofthe work provided for in this purchase oiler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Puch e,cO, ofFecm agent, ;rod 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 part of the Scllcr, anv of his contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchaser, or its offerers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or their ol5ccrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers men expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any or its or their of icem, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other prrecedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contnctnrs shall take all safety precautions, famish and install all guards accessary for the prevention of neeidents. comply with all laws and regulations with regard to Ufcty including. but without limitation, the Occupational Safety and Health Act of 1970 and all macs and regulations issued pursuant thereto. Revised 03/2010