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HomeMy WebLinkAbout460121 CONDUIT LANGUAGE SPECIALISTS KY - PURCHASE ORDER - 9957432Date: 12/11 /2009 City of ort Collins Page Number: 1 Purchase Order Number: 9957432 Delivery Date: 12/11/2009 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: PER INVOICE #LCD106 DATED 12/4/09, FOR NORTHERN COLORADO DRUG TASK FORCE. Line Qty/Units Description Extended Price 1 1 LOT Per Inv LCD106 f7eT:�►L�7���� Total City of Fort CgWinY Director of Purchasing and Risk Management This order is n1aValid 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 9,654.02 $9,654.02 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order "Perms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Intemal 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 returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection oil arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this or can result in authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teats. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given m prepay freight ;ud charge separately, the original ticighi bill must accompany invoice. Additional charges for packing will not be aceepted. Shipment Distance. Where nnanufacturers have distributing points in various pans ofthe county. shipment is expected Bonn the nearest distribution point to destination, and excess freight will be deducted fionh Invoice when shipnnents are made front greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required byall applicable laws, regulations. ordinances and rules ofthe state, numicipality, terin y 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 For Collins harmless from and against all liability and loss incurred bythentby mason of an asserted or established violation of any such laws, regulations. Ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives are, in tact. bona fide and possess till] and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms aad conditions stated herein set forth and any supplenmenlay or additional terns and conditions annexed hereto of incorporated herein by reference. Any additional or different teas and conditions proposed by seller r are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised deliverydate as noted. Time is ofthe essence. Delivery and pci fu nonce 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 ofpamtial late deliveries, shall operate as a waiver ofihis provision. In the event of:nydelay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not Ix liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligcoce, such acts of God, acts of civil or military authorities. governmental 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 ofthe time when the Seller first received knowledge thereof. In the even ofany. such delay. the elate ofdeliveryshall beextended For the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order Will confunn \rill, applicable drawings, specifications, samples and/or other descriptions given, will be tit lot the purposes intended, and per timned with the highest degree of care and competence in accordance With accepted standards fin work ofaa similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense Which the Purchaser may surfer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or nmke pond, without cost no the purchaser, any defects or faults arising within one (1) year or \vithin such longer period of tine as nhav to prescribed by law or by the teas of any applicable warranty provided by the Selleralter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting fi um impel lict or defect iv \vork done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a Waiver of any claim under this warranty. Except as othemivise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxinnately caused by the breach of any ofthe foregoing wannnties or guarantees, but such liability shall in no event include loss of profits 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 terms by written chance order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions fromm the quantities originally ordered in the specifications or drawings. by verbal or carmen change order. If:ny such charge affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser nay at any time by Written change order, terminate this agreement as to allyor till poniors ofthegoods then not shipped, subject to any equitable adjustment between the parties 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 prim i of the goods and/or Work, for incidental or consequential damages, and that nu such adjusumeru be made in Ihvor ofthe Seller with respect to any goods which are the Sellers 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 asserted within thirty (30) days from the date tine change or termination 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 arc 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 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. If and only to the extent this [Agreement) constitutes a "sole source government conu:act" \vithin the meaning of Article XXVIII ofthe Colorado Constitution ("Article XXV III" ), then the provisions of Section 15 ofrAnicle XXVIII are hereby incorporated into this [Agreement). In such a case, if the ICoal I actor I or any or her person Who is a "contract holder" is defined in Section 2(4,5) ofArticle XXVIII intentionilly violates Section 15 or Section 17(1) of Article XXVIII, then the [Contractor) igiees it shall be incliuiblc to hold ally sole source government contact. Or public employment With the state of Colorado or anv of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any nhonics direct to become due hereunder \vithout the prior written consent ofthe other parry. to. 'I' I'I' LE. The Seller wannnts full, clear and unrestricted title to the Purchaser for all equipment. materials. and items furnished in perfiutnance of' this agreement. free and clear of any and all liens. restrictions, reservations, security interest encumbrances and clains of others. 1I. NONWAIVI:R. Failure ofthe Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach. the acceptance of or payment for goods hereunder or approval ofthe design. shall not release the Seller of any ofthe Warranties ur obligations of this purchase order and shall not be deened 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 when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this pirrchtase order by the Purchaser operate as a Waiver ofany ofthe terns hereof. 12. ASSIGNMENT 01: ANTITRUST CLAIMS - Seller acid the I'arclaser r recognize that in actual economic practice, overcharges resulting lions ant itustviolations ore in tact borne by the I'urdmser.'fheretufore, for good cause and as considerutiou fior executing this purchaseorder, the Seller h—hy assigns to the Purchaser any and all claims it nn:ry now have or hereafter acquired under federal or state antitrust laws tin such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfinming, or defective goods by a date to be agreed upon by the I'urchascrand the Seller, and the Seller thereafter indicates its inabilityor unwillingness to comply, the Purchaser play cause the work to Ie perfornhed by the most expeditious means available to it, and the Seller shall pay all costs associated with such \vork. "Elie Seller shall release the Purchaser and its contractors of any tier fiom all liability and claims of any nature resulting from the per finnhance of such work. This release shall apply even in the event of fault of negligence of tine party released and shall extend to the directors, officers and employees ol'such party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced. in any way. because such work is per lot ried or caused to be performed by the Purchaser. 14. PATENT!,. Whenever the Seller is required to use any design. device. material or process covered by letter, patent, tiademaik or copyright, the Seller shall indemnify and save harmless the Purchaser finer any and all claims for infingen raft by reason ofthe use ol'such patented elesien. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense m damage which it miry Ix obliged to pay [)),reason of such inffingenrent at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan theicofm the intended) use of the goods, is in such suit held to constitute irm ingement 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 m continue using said equipment or pans. replace the same with substantially equal but non -infringing equipment. or modify it so it becomes nun-irdi inging. 15. INSOLVENCY. Ifthe Seller shall become insolvent or bankrupt, snake an assigntnettt for the benetit ofcreditors, appoint a receiver or trustee for any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. I he definitions of terns used or the interpretation of tlic agreement and the rights of all patties hereunder shall be conslnred alder' and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in cases Where the Seller is to per loan work hereunder, including the services of Sellers Represent lk e(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall eary on said work 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 \vork ind/ur materials before Seller's final completion and acceptance, mplere the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are trnished by Other lot installation or erection by the Seller. the Seller shall receive. unload, store and handle same at she site and )econhe responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his o\vn expense, provide for the payment oftrorkers compensation, includingoccupational 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 In done. The Seller still] also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury all death linhits of al least S300.000 for any one person, S500,000 fill any one accident and property daunage limit per accident of $400.000, The Seller shall likewise require his contractors, if any, to provide for such cunghensau ion ;tad insurance. Befo,c any of the Sellers or his contractors enrphoyees shall do any work upon the premmises ofolho s, 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 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 assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or MIMIC Whatsoever rn persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller Will indennify and hold harmless the Purchaser and anym ill of the Purchasers officers, agents and employees front and against ally and all claims. losses. damages, charges or expenses, whether direct or indirect. and whether to persons or propene to Which the Purchaser maybe put or subject by reason of any act, action, neglect, omission or defudt on the pan ofthe Seller, anyofhis contractors, ofany ofthe Sellers or contractors officers. agents or employees. In case any suit m other proceedings shall be brought against the Iurchaser, ur its officers. agents or employees at any tinhe on account or by reason of any act, action. neglect, omission or delault of the Seller of any of his contractors or any of its or their of iccrs, agents or employees is aforesaid, the Seller hereby agrees to assume the defense thereofand to defend the sane at the Sellers own expense, to pay any and all costs, charges, attorneys' lees arid other m expenses, any and all judgments than may be incurred by or obtained against the I'll chaser or any of its or their oflicers, 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 parties in of as a result of such suits or other procee(tings. the Seller will it once cause the some to Inc dissolved and discharged bygiving bond or other\visc. "I lie Seller alldf his cout'actohs shall take all safety pl ecautions. lot rush and install all guards necessary for the prevention of accidents. comply with all lanes and regulations with regard to safety including. but Without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 04/2001)