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HomeMy WebLinkAbout481705 ALL AMERICAN GASKET - PURCHASE ORDER - 3212322PURCHASE ORDER PO Number Page City of 3212322 1 °f z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/0212012 Vendor: 481705 Ship To: WATER UTILITIES ALL AMERICAN GASKET CITY OF FORT COLLINS 291 HOWARD ST 700 WOOD ST BROCKTON Massachusetts 02302 FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 6,000.00 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 I. COMMERCIAL. DETAILS. Tas exemptions. By statute the City of Fan Cnlfns is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pert mtance of the men, and conditions Immof, failure or delay to Internal Revenue, Denver, 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 o breach, the acceptance ofor payment for goods hcrcundn or approval othee design, .shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, cithd when shipped or due to defects of any of the wunantics or obligations of this purchase order and .shall not be dttmed a waiver of any right of the damage in transit, may be returned to you far credit and are not to be replaced except upon receipt of written purchaser to insist upon .strict performance hcmofnr any of its rights or remedies as to any such eoeds, regardless instruction from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and mtdific. tion or rescission of this purchase order by the Purchascr operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fog Collins inspection on arrival. hncof. Final Acceptance Receipt of the merchandise, services or equipment in mspone to this order can result in 12. ASSIGNMENT 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 front ammust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofnrc, for grad 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 herea Rer Freight Terms. Shipments must be F.OB., City of Fort Collins, 700 Wood St. Fen Collins, CO 90522, unless acquired under federal or state antitmst Imes for such overcharges relating to the particular goods or services otherwise specified an this order. If pcmhission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this Punitive order, bill ]trust accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a doe to he agrccd upon by the expected from the nearest distribution point to dcstinatien, and excess freight will be derlucted from Invoice when Purchaser and the Scllcr, and the Seller thereafter ind'rcmes its inability or unwillingness to comply, the Purchaser shipments are made (root greater distance. may cause the work to be perfommd by the most expeditious means available to it, and the Scllcr shall pay all costs ussociamd with such work. Pcmhits. Scllcr shall pmcum at sellers sole cost all necessary permits. certificates and licenses required by nil applicable laws. regulations. ordinances and nrles 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 Fen Collins harmless firma and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and poc ass full and complete authority to bind said Panics. LIMITATION OF TERMS. This Purchase Order exprccly limits acceptance to the temmx and conditions stated herein set Ionic and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 premised delivery date as noted. Time is of the essence. Dclivm and performance must be effected within the time stated on the purchase order and the document, attached heeto. No acts; of the Purchasers including, without limitation, acceptance ofpco ial Irate deliveries, shall operate as a waiver of this provision. In the event of rew delay, the Purchose, 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 Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its rcuanablc control and without its fault of Beg l igcnee, such acts of God, acts of civil or military anthoritics, governmental priorities fires, strikes. Rued, cpidcmics, ware or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within fhve (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of dcl ivcry shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that nil goods, anicles, 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 care and compnence 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 Purchaser cony suffer or incur on account of rice Scllcrs breach of warranty. The Scllcr shall replace, repair or mike good, without cut to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wrongly. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees. 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 TERhIS. The Purchaser may make any changes to the corms, other than legal moue, including additions 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 due or the time ofpnformance hereunder, an equitnblc adjustmcm shall he made. fi. TERMINATIONS. The Purchaser cony at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment bdwccn the parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of rice goods and/or work, for incidental or consequential damages. and that no such adiustmmal be node in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller ofany ofthcirobligations as to anv good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all grand sold hereunder shall have been pmduccd, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the guod are subject. The Seller shall execute and deliver such documents as may be required to effect orevidence 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 Pumhascr harmless from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or anv monies due at to became due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials and items furnished in perfemmnce of This agmemcm. free and clear of any and all liens, restrictions, reservations security interest encumbmnccs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfernmec of such 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 ofsuch party. The Seller's contractual obligations. including warranty. shall not he deemed to he reduced, in any way, because such work is i of ro med or caused to be perfnnned by the Pumhocer. 14. PATENTS. Whenever the Seller is required to use any design, device. material or peaces covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from anv 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 Pumhascr for any ant. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the persecution or a0cr 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 the use of said equipment or pan is crijaimvd. the Seller shall, at its own expense and at its option either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment Poo the bcncfit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. is. GOVERNING LAW. The definitions eftcrms used or the interpretation offl c agreement and the rights ofall panics hcrnmder shall be contmed 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 Representative(.$), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is folly completed and accepted, and shall, in case of any accident, dh<tmction or injury to the work and/or materials before Sciler's final completion and acceptance, complete the work at Seller's no n expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Scllcr shall receive, unload. store and handle same at the site and become responsible themfor as though mch materials and(or equipment wcrc being famished by the Scllcr undo the order. 19. INSURANCE. The Seller shall, at his own expense. pmvidc for the payment of workers compensation, including occupational disease berwfits to its employees employed no or in connection with the work cowered by this purchase order. and/nr 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 geneml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m least $300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Scllcr shall likewise rc,mm his contractors, if any, to provide for such compensation and insurance. Before anv of the Sellers nr his contractors employees shall do any work upon the premises of others, the Scllcr shall fornish the Purchoser with a ccr ifcate that such compensation and insurance have been provided. Such certificates shall specify the date when such cnmpensation and insurance have hmn pmvidcd. Such certificntes shall specify the date when mch compensation and inmmnce expires. The Scllcr agrees that such compensation and insurance shall be maintained until aner 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 persons or property caned by or resulting fmm the execution ofthe work provided for in this purchase onleror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect and whether to person or praiser to which the Purchaser may be put or suhi,ct by reason Of any act action, neglect omission or default on the part of the Seller, any of his contractors. or any of the Scllcrs or contractors nRecet, agents or employees. In cam any suit or other precccdings shall be brought against the Purchaser. or its oRccm. agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or anv 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 awn expense. to pay any and all costs, charges, attomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchascr 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 ofthc Purchaser. er said panics in or as a result of such suits or other proceedings. the Scllcr will at nor, cause the come to be dissoked and discharged by giving bend or otherwise 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 without limitation, the Occupational Safety and Health Aar of 1970 and nil nits and regulations issued pursuant thereto. Revised 03/2010