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HomeMy WebLinkAbout109557 CONNECTIVE SYSTEMS & SUPPLY - PURCHASE ORDER - 3211355PO PURCHASE ORDER 321135er Page City Of3211355 `t CThis number must appear ` CollinsJ - on all invoices, packing slips and labels. Date: 04/25/2011 Vendor: 109557 Ship To: WATER UTILITIES CONNECTIVE SYSTEMS & SUPPLY CITY OF FORT COLLINS 5718 WRIGHT DR 700 WOOD ST LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 04/25/2011 11 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2011 BLANKET ORDER /1 LOT LS 10,000.00 2011 BLANKET ORDER UTIL Total $10,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11 NONWAI VER. 98-IW502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure Of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (ROE Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). cxcrcio, any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went Of a breach. the acceptance of or payment for goods hereunder or appraval of the design, shall not release the Seller Of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dcfccts of any of the tvaoontics or Obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfomanee herenforany of its rights Or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hercundcq nor shall any purported Oral modification or rescission of this purchase order by the Purchaser opcmtc as a waiver of aqv of the wours Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IG NM ENT OF A NTITR UST CLA I MS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges malting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Parchascr. Theretofore, for good cause and as consideration for exeaning this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may nmv have or hereuner Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7(N) Wood St., Fort Collins, CO 90522, unless acquired under federal or state anlitrust Imes for such overcharges relating to the panicuiar goods err services otherwise specified on this Omer. If pemrission is given to pmpay freight and charge separately, the original freight purchased or acquired by the Purchnscr pursuant to this purchase Order, bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing point in various pans of the country. shipment is If the Purchaser directs the Scllcr m cnneet nonconforming or defective goods by a date robe agreed upon by the expected from the forest distribution point to destination, and excess (might will be deducted Farm Invoice when Purchaser and the Seller.and the Seller thcrcaficr 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 casts associated with such work. Permits. Seller shall procuret at sellers sole cost all necessary permits, "itificatcs and licenses required by all applicable laws, 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 front and against all liability and loss incurred by them by reason of an asserted or established violation of any such lawa, regulutions, Ordinances, rules and rcquirenrcat. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit 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 term, 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 be effected within the time sorted on the purchase order and the documents attached hereto. No acts of the Purchaiers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this precision, In the event ofany delay, 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 be liable for damages as a result of delays due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires. mikes. 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 warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser harmles, from any loss, damage or expense which the Pumhascr may suffer or incur on account of the Scllcrs breach of oanznty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be preseribed by law or by the terms of any applicable warranty, provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver Clary claim under this warranty. Except as Otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages preximately caused by the breach of any of the foregoing warmntics 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 change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally Crested in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Continue this agreement as to any or all portions of the good 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 pro0t on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such tcmrination shall relieve the Purchaser or the Seller Of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be amend within thirty (30) days fmm the date the change or temtination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good, are subject. The Seller shall execute and deliver such documents is may be required to effect or evidence compliance. All Imes 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. 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 parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumishcd in performance of this agrecmeat, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others, The Seller shall release the Pumhr,e, and its contractors of any tier front all liability and claims ofany nature resulting from the performance ofsuch work. This release shall apply wen in the event of fault of negligence of the party released and shall exlend to the directors, olliecrs and employees ofsuch party. The Seller's contractual obligations, including warsarss shall not be decmcd to be reduced, in any way, because such work is perforated 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 letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such oriented design, device, material or process in connection with the contract. and shut) 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 dR use of said equipment or pan is enjoined, the Seller shall, at its corn expense and at its option, either procure for the Purchnscr the right to continue tying said equipment or pans. replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt. make an assignment for the benefit of erodimrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definition., oftcrms used or the interpretation ofthc agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cam' on said work at Scllcr's 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 Seller's final completion and acceptance, complete the work of Scllcrs own expense and to the s atis6 coon of the Purchaser. When materials and equipment arc fiimishcd by others for inrtallation Or erection by the Seller, the Seller shall receive unload, store and handle same at the site and become responsible therefor as though such matcrials and/or equipment were being furnished by the Seller under the Octet. 19. 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 laws of the state in which the work is to be done The Scllcr shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at [east S300.006 for any one person. S500.000 for any one accident and pmperty 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 Of others. the Seller shall famish 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 shrill specify the date when such compensation and jreonnce expires. The Scllcr agrccs that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DANIAGES. The Seller hereby assumes the entire responsibility and liability fortune and all damage. loss Or injury ofany kind or nature whatsoever to Persons or pmperty caused by or resulting fmm the cxceutma ofthe work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold humorless the Purchaser and any or all of the Purchasers affects. agents and employees from and against any and all claims, losses, damages. charge, or espenses. whether direct or indirect, and sch,th,, to persons tar property to .which the Purchaser may her put or subject by reason of any net. notion, neglect. omission or default on the port of the Scllcr, any of his contractor,,, or any of the Sellers, or contractors officers, agents or employees. In case any soil or other proceedings shall be brought against the Purchaser. or its officers. agent or employees at any time no account or by reason of any act, action, neglect emission or default of the Seller 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 thereof and to defend the same at the Sellers corn expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agent 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 Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oIhcori,c. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of ,accidents, comply with all laws and regulations with regard to safety including, but withnm lint imlion, the Occupational Safely and Health Act of 1970 and all rides and regulations issued pursuant thcrcm. Revised 03/2010