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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9123638PURCHASE ORDER PO Number Page City of 9123638 t of 2 Flirt This number must appear CollinsJ ,��_J`'' ` on all invoices, packing slips and labels. Date: 06/20/2012 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: 06/20/2012 Buyer: OPAL DICK Note: Line Description Quantity OM Unit Price Extended Ordered Price PATCH WORK IRISH DR/CHERRY ST 1 Ly LS 31,705.09 57941 0 U 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 $31,705.09 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. COMMERCIALDETAILS. Tax exemptions. By su etc the City of Fen CWII ins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-60F0587 is registered with the Collector of Failure of the Pnrchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado for Colorado Revised Statutes 1973, Chapter 39-26, 114 If). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for Roods hereunder or approval of the design, shall not rcicase the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of rife warranties or obligations of this purchase order and shall not be deemed a Waiver of any right of the damage in transit may be remained to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereoforany ofhs rights or remedies as to any such moots, regardless instructions from the City of Fort Collins. of whin shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported on modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mrms Inspection. GOODS are subject to the City of Fort Collins inspection on amvaL hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS] G N M ENT OF ANTIT R UST CLA I NIS. authorized payment on the part of the City of Fort Collins However. it is to he understood that FINAL Seller and the Purchaser recognize that in rental economic pnclice. overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdnres. violations arc in fact home by the Pumhnscr. Theretofore. for good cause and as considen firm for executing this purchase order, the Seller hereby assigns to the Purchaser any and all dainty it may Pro, have or hereafter Freight Temis. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr. Fort Collins, CO 90522, unless acquired under federal or state nntitmst laws for such ovcrylamFv relating to the particular goods or services otherwise specified on this order. Hpormiesion is given to prepay freight and charge %cf a is cly, 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. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is expected Form the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments are made from greater dis mace. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles 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 hamlcss from and against all liability and loss incurred by them by reason of no asserted or established violation of any such Imvs, regulations, ordinances, rule, and requirements. Authorimlion. All panics to this conflict agree that the representatives are, in fact. bona fide rand possess full and complete authority to bind . aid panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms rand conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your promised delivery date as noted. Time is ofthe essence. Delivery and performance rent he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a wniver of this 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 and holding the Seller liable for damages. However, the Seiler shall not be liable for damnges as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofngligenec. such acts of Gad, acts ofeivil or military authorities. governmental priorities, rims, strikes, flood. epidemics wars or riots 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 of the delay. 3, WARRANTY. The Seller wamnts that all goods articles, materials and work covered by this order will conl'nnn with applicahlc drawings, specifications, samples and/or other descriptions given, will he fit for the purposes 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 Pumha.,er may suffer or incur on account of the Sellers breach of warm nty. The Seller shall mplacc, 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 be proscribed by lase or by the terms ofany applicable warranty provided by the Seller ,net the date of acccpmncc of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or dcfcctivc work done or materials furnished by the Seiler. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately canned by the breach crony of the foregoing wamntics or guarantees, but such liability shall in no event include dos, ofpmft., or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmehine, may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fan the quantities originally mdened in the specifications or drawings. by verbal or written change order. If cry such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any firm by writen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties a, many work car otmermis then in progress provided that the Purchaser shall not be liable for any claims for anticipated prolits on the uncompleted portion of the gonels and/or work, for incidental or consequential damages, and that no such adji a:ment be made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asxened within thirty (30) drys (rem the date the change or rcmrmation is ordered. g. COMPLIANCE WITH LAW. The Seiler wama as that all goads sold hereunder shall have been produced, sold, delivered anti furnished in strict compliance with all applicable Imvs and regulations to which the goods are subject. The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated hvcin by this reference. The Seller agrees to indemnify and hold the Purchaser hamcce, fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lam. 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 wants full, clear and unrestricted title to the Purchasr far all equipment, materials and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescr, m ions, security interest encumbrances and claims of others. 13. PU RCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser di meats the Seller In carrier nanconform ing or dcfcctivc goods by a date to be agreed upon by the Pumhnscr and the Seiler, and the Seller :hereafter indicates its inability or unwi Ifingnesz to comply, the Purchaser may cause the work to be performed by the mast or, oditimrs means available to it, and :he Seller shall pay all costs rx,ociarcd with such work. The Sella .shall release the Puabri and its contactors of any tier from all liability and claims of any nature resulting brain the performance of such work. This release shall apply even in life event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contmcmal obligations, including warmnty, shall not he deemed to he reduced. in any way, bmausc 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 hadcmark or copyright, the Seller shall indemnify and save harmless the Purchaser front 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 officeA to pay by reason of saeh infringement at any time during the prosecution or after the cornplaion of the work. In ease said equipment or any part thereof or the intended caw of the goods, is in such suit held to enn%titute infringement and the use of said equipment ar part is enjoined. the Seller shall, at its own expense rand at its option. either procure for the Purchaer the right to continue using .said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nonjnfrfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver car trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dclinitomv oftems used or the interpretation offhe agreement and the rights efall parties hereunder shall be consrnred under and governed by the laws ofthc State of Colorado, USA. The fallowing Additional Conditions apply only in cares where the Seller is to perform work hereunder. including the services ofScllcrs Rermsentative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcr', own risk out the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or mmcrinls before Seller's final completion and acceptance, complete the work at Scller's own expense and to the satisfaction of the Purchaser. When mmcrinls and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, ordinal 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. I S. 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, molter to their dependents in accordance with the Imvs of the ,,are in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and auromabile public liability insurance with headily injury and death limits ofar lead S300,001) far any one persnn, S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conhnmors, if any, to provide for such compensation and insurance. Before anv of the Sellers or his contractors employes, shall do any work non r the preen lscs ofothers, the Seller shall furnish the Purchaser with a certificate That such compensation and insurance have been provided. Such certificates shall specify the (file When such compensation and insurance have been provided. Stich certificates shall specify the dale when such compensation 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 AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ... arms the entire re,pnnsibility and liability for any and all damage. loss or injury ofany kind or nature whatsrxver to persons or property caused by or resulting Form the eseemion ofute work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss The Pnrchaser and any or all of the Purchase. nffee.. ogees and employees from and against any and all claims, losses. damages. charges or expenses, whether direct or indincel. 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 pun of the Seller. any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit Or other proceedings.shall be brought against the Pnrchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Scllcr of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense Thcrcnf and to defend the same at the Scllcrs own expense. to pay any and all costs, charges, attorneys far and other expenses. any and all judgments that may be incurred 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 of the Pumhnscr. or said parties in or as a result ofmch suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaulions, furnish and install ill guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Oceupalimmd Safety and Health Act of 1970 and all rale, and regulations issued pursuant thereto. Revised 03J2010