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HomeMy WebLinkAbout102537 C D FASTENERS INC - PURCHASE ORDER - 3212150City Of PURCHASE ORDER PO Number I Page 3212150 1 t of 2 ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 102537 Ship To: WATER UTILITIES C D FASTENERS INC CITY OF FORT COLLINS 512 N LINK LN 700 WOOD ST FORT COLLINS Colorado 80524-2738 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 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 2012 Blanket Order Utilities 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tefms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins i5 exempt from state and local taxes. Our Exemption Number is 11. NONWAIVF:R, 98-0,1502. Federal Excise Tax Exemption Cenifrcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hercnf, failure or delay to Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). 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 good hereunder or approval ofthe design. Shall nut release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the aromatics Or Obligations of this purchase order and shall not be dcemcd a waiver of any right Of the damage in transit, may be mounted to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercnf or any 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 hereunder, nor shall any purported am] mndi ficat inn or rescission of this purchase order by the Purchaser operate as a wee ivcr of any of the terns Inspection. GOODS arc subject to the City of Fort Collins inspection On aniva 1. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA I M S. authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting, from antioust 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 hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N., City of Fort Collins, 7IX1 Wm id St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permit ion is given to preppy freight and charge sepemtdy, the original freight pareltased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected boom the ncarest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the wok m be performed by the most expeditinu.s means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Telex 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 from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this concoct agree that the representatives are, in fact, bona fide and possess full and complete authority to bind mid parties. 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 or diffcrcnt tcmms and conditions pmpused by seller art objected [card hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive ern your promised delivery date as noted. Time is ofthe essence Delivery and performance must be affected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser, including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver ofthis prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this order elsewhere and holding the Seller liable far 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 central and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics. ours or riots provided that notice of the conditions causing such delay is given to the Purchnser within five (5) days of the time when the Seiler 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 acmally lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts 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 0t for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seiler agrees to hold the purchaser harmless from any loss, damage Or expense which the Purchaser may suffer or incur on account ofthc Scllcrs breach of wamnty. 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 a, may be prescribed by law or by the terms ofany applicable wamnty provided by the Seller afire the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or material, famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim andcr this warranty. Except ns Otherwise pmvidcd in this purchase aide,, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guamntecs, 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms, including additions to or deletions front the quantities Originally concord 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 Purchascr may at any time by wrincn change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcmvcn the parties as to any .work or materials then in progress pmvidcd that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the grads 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 arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any grads dclivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days from the date the change or termination is orlcmd. S. 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 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 In be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr 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 m become due hereunder without the prior svi iticn consent of the other party. I k TITLE. The Seller onmats full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations. Security interest encumbrances and claims ofathers. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting fmm the perfomancc ofsach work. This release shall apply even in the event of fault of negligence of the parry, released and shall extend to the directors. omeco, and employees ofsueh patty. The Seller's contractual obligations. including wt mnrv, shall not be deemed to he 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 ptacess cooed by letter, patent, trademark or copyright, the Seller 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 far one cost, expert a or damage which it may be obliged to pay by reason ofsach infringement at any time during the prosecution or after the completion of the work. In ease 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 on" is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchascr the right to continue using slid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sclicr shall become insolvent or henkTept make an assignment for the benefit of creditors. appoint a rcorm r or trustee for any of the Sellers pmpcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights atoll parties hereunder shall be consumed andcr and gnvemcd by the laws fthe State of Calnmdo. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hcrcundeq including the stO ices ofScllcrs Representalive(s), on the promises ofothers, 17. SELLERS RESPONSIBILITY. The Seller shall curry 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 work and/or materials before Sellers Final completion and acceptance, complete the work at Sclict's own expcnse and to the satisfaction of the Pnehascr. %Vhca materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unlaad, store and handle same at the site and become respansible therefor as though Stich materials and/or equipment were being furnished by the Seller under the order. 18. 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 Seller Shall also carry comprehensive general liability including, but tint limited to, contenctunl and automobile public liability insurance with bodily injury and death limits of at le si S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400I100. The Scllcr sball likewise require his contractors, if any, to provide for such compensation and insurance. Hcare any of the Scllcrs or his contractors employees shall do any work upon the premises of Mhem, the Seller shall furnish the Purchic er with a certificate that Stich 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 Scllcr agrees that Stich compensation and insurance shall be maintained until aficr 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 ofany kind or nature whatsoever to parsons at property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers oRecm, agent and employces from sad against any sad all claims, lossys, 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, any of hit contractors. or any of the Sellers or contractors officers, agents or employees. In ease any suit or other pmecedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, emission or default of the Seller of any of hix contractors or any of its or their officers, agents or employees ox i fot,said, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorney, fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofl-mem, agents or employees in Stich Suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthc Purchascr, or said panics in or as a result of such suits or other proceedings. the Sclicr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his "Ouncmrs shall take all Safety precautions, furnish and insmll all guards necessary for the pme,"tion of accidents. comply with all laws and regulations with regard to safety including, bud without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010