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HomeMy WebLinkAbout105380 SAM'S CLUB DIRECT - PURCHASE ORDER - 3212243PURCHASE ORDER PO Number Page City OfCollins ��� 3212243 1 of z Fort COI lI ns This number must appear ,�—J�-' ` ` J on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 105380 Ship To: WATER UTILITIES SAWS CLUB DIRECT CITY OF FORT COLLINS ACCT #0402 39160735 5 700 WOOD ST 4700 BOARDWALK DR FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80525-3729 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 Ordered Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Utilities 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 Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By somite the City of Fort Collins is exempt fear state and local taxes. Our Exemption Number is I I. NONWAIVER. 99-W502. Federal Excise Tax Exemption Certificate of Registry 84-600(1587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomunec of the tells and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the wanantics or obligations of this purchase order and shall not be devoted a %afver of any right of the damage in transit. may be mounted to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreofor any of its rights or remedies as to any such goods. regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pawned nml rindification or remissin t of this purchase order by the Purchaser operate as a waiver of any of the tcmnx Inspection. GOODS arc suhjcet to the City of Too Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. 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 resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for grand cause and as consideration for executing this purchase orlcr, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temts. Shipments most be F.O.U., City of Fort Collins 700 Wood St.. Fort Collins, CO 90522, unless required under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified an this order. If pcnnissian is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill 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 expmted form the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall pmeure at sellers role cost all nmesmm permits. ecnifieams and licenses required by all applicable laws, regulations, ordinances and rules of the sure. municipality, territory or political subdivision whmc 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 Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an immed or established violation of any such laws, regulations, ordinance, talcs and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the units and conditions stated hacia set forth and any mpplemenmry or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ore objected to and heeby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediatcly 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 stated on the purchase order and the elmumcats attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial 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 marshes. the option afplacing 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 reasonable control and without its fault ofnegligence. such acts of God. acts ofcvil or militaryauthorities, govemtnantal priorities, fires, strikes. Rood, epidemics. wars er 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 aqv such delay, the date of ddive, shall be extended for the period equal lathe time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants (hat all gads, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be 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 hamticss farm any loss damage or expense which the purchaser may suffer or incur on account of the Sellers breach of were any. The Seller shall replace, repair or make gold, without cost to the purchaser, any defects or faults arising within one (1) yen, or within such longer peind of time as may he prescribed by law or by the terms of any applicable warmnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute n waiver ofany claim under this wananty. Execpl as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wrouaties or guarantees, but ,rich liability shall in an event include lot ofpmfit, or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE St [ALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by onnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additio. to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount dire or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then net 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 profits on the uncompleted portion of the goods 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 are the Scllcrs standard stock. No such mirmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys farm the date the change or temtination is ordered. g. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hcrcundcr shall have been produced, mid, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documentsas 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 hamilms 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 famished in performance of this agreement free and clear of any and all liens, restrictions, reservation, secunty interest encumbrances and claims of othem. 13. PU RCI IASEIRS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct noncom foam ing or defective goods by a date to be agreed upon by the Patch ... and the Scllcr, and the Seller thcm.Be, indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pav all cost%assmincd with such work. The Seller shall release the Purchaser and its contmnors of any tier from nil liability and claims of any nature resulting from the perfomiancc ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be dormer] to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PA'rF,NTS. Whenever the Seller is required to useray design, device. material or process covered by letter, patent, trademark or copyright the Seller ahnll indemnify and save hamilcm the Purchaser farm any and all claims for infringement by reason of the use of such pmented design, device, material or process in connection with the contract, and shall indemnify the Purchusef 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 a0cr the completion of the work. In case said equipment or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, citha 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 becomes noninfringing. 15. INSOLVENCY. If the Seller shall bmomc insolvent or bankrupt, make an assignment far the benefit of creditors, appoint a receiver or trustee far any of the Seller, property or business this order may forthwith be canceled by the Purchaser mithout liability. 16. GOVERNING LAW. The definitions Mterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr, including the senices of Sellers Representative(.$), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Settees own risk until the same is fully eontplemd and accepted, and shall, in case of ony accident, destruction or injury to the work and/or materials before Shccr'a final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pureh.cr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same it the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. Ili. 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 connenion 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 not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at least 5300.000 for any one person, S500.000 for any one accident and property 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 ofethers. 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 ccrificates shall specify the date when such compensation and insurance cxpims. The Seller agrees that such compensation and insurance shall he 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 ony and all drags.. Ins, or injury ofi ny kind or nature who vMVeT to persons or propels cursed by or resulting from the execution of the work provided for in this purchase order or in eonnectin t herewith. The Seller will indemnify and hold harmless the Purchaser and any or nil of the Purchasers offerors, agents and employees from and ugainst any and all claims, losses. damages. charge% or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may be pat or suhjcet by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees In case any suit mother proceedings shall be brought against the Parchascr, or its officers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of tiny affix connectors or any of its or Ihcir officers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own 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 Purchnwr 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 .amcd against the property ofthe Purchaser. or said parties in or as a result of such 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 precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to sdety including, but without limiation, the Occupational Safcty and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010