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HomeMy WebLinkAbout482499 CONTRACTORS SUPPLY INC - PURCHASE ORDER - 3212328City of F,.6rt Collins Date: 02/02/2012 Vendor: 482499 CONTRACTORS SUPPLY INC 5515 W WARREN AVE DENVER Colorado 80227 PURCHASE ORDER PO Number Page 3212328 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Utilities Q. O+'u: sQ � 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 Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By .statute the Cite of Fon Collins is exempt from state and local taxes.0 it Exemption Number is 11. NONWAIVER. 98-1k1502. Federal Excise Tan Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Of the Parch ,cr to insist upon strict performance of the terns 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 lamented herein or by law. failure to pmniptly notify the Seller in the event Of a breach, the acceptance oforpzymcat for goods hereunder Or approval of the deign, shall nut rcicasc the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of carmen purchaser to insist upon strict performance hemoforanv of its rights or mmedies as to any such goods. regardless instruction, from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor .shall any purported Oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms Inspection. GOODS am subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hossevcr, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ' ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedurea. violations arc in fact borne by the Purchaser. Theretnfnm. 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 Terns. Shipments most be F.O.H., City of Fon Collins, 700 Wood St., Too Collins, CO 90522, unless aegaired under federal or state antitrust laws for such overcharges relating to the le nicular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased reacquired by the Purchaser pursuant to this purchase order. hill must accompany, invoice. Additinnal charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disrjbuting points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconfnming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Pnrchnscr and the Seller, and the Seller theren0er indicates its inability or unwillingness to comply, the Purchaser shipments arc made (rant greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller .shall pay all costs associated with nvh work Permit., Seller shall pmcurc at sellers sole cat all necessary permits. ci nificates and license requircd by ell applicable laws, regulations, ordinances and cola of the state, municipality, territory or political sulxlivision where the work is pnfomed, or required by any other duly constituted public authority having jurisdiction over the work of anode,. Seller further agrees to hold the City of Fen Collins harmless (rant and against all liability and loss incurred by them by reason of an assered or established violation of any such laws, regulatiore, ordinances mlcs and mquircere.m. Authorit Lion. All parties to this contract agree that the representatives am. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sd forth and any supplementary or additional temun and conditions annexed hereto m incorporated herein by reference. Any additional or differcmt term and conditions pmpnsed by seller arc objected mind hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year premised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated on the pumhese order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate m a waiver of this prevision. In the event array delay, the Punch zur shall have, in addition to other legal and equitable remedies, the option ofpinciag this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a fault of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of find. acts of civil or military authorities governmental priorities, fires, strikes, food, epidemics wars or riots provide l that notice of the conditions causing such delay is given to the Purchaser within frvc (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of del nearer shall be extended for the period equal to the titre actually last by reason of the delay. 3,WARRANTY. The Seller want rats that all goods, articles, materials and work covered by this order will con form with applicablc drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree create and competence in accordance with accepted standards for work of a similar nature. The Seller agrca to hold the parehvscr harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllers beeneh of wamnty. The Scllcr shall replace, repair or make good, without cost to the purchaser. any defects or C ults arising within one (1) year or within such longer period of time as may he prescribed by law or by the term crony applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder(acceptance not to be umeasnnaMy delayed), resulting from imperfect or defective work done ur nmtcrials furnished by the Seller. Acceptance or use of goods by the Pnrchnscr shall not constitute a waiscr array claim under this xmmnty. Except as otherwise pm'idedin this purchase order, the Sellers. Inability hereunder shall emend foul) damages proximately caused by the bench of any of the foregoing as antics or guanotca, but such liability shall in ancient include Jos ofpmfins or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Parchaur may make any changes to the Jane, other than legal tams, including aMlitions In Or deletions from the quantities originally medcrcd in the specifications or drawings, by verbal or written change order. Harry such change affects the amount due or the time ofperfomu nce 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 not shipped, subject to any equitable adjustment hdocen the panics as to any work or materials (lien in grognes pmvided that the Purchaser shall not be liable for any claims for anticipated profits on the uncnmplmed portion of the goods and/or mark, for incidental or cnnsequcntial damages, and that no such adiusnncnl be made in favor of the Seller with respect to any goods which arc the Scllers standard stock. No such termination shall wince the Purchaser or the Seller of any of (heir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thin• (30) days (ram the date the change Or teminmion is orefcrcd. 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 he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllers 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 party. 10. TITLE. The Seller wamnts fill, clear and unmst ictcd title to the Purchaser for all equipment. maerial%. and items furnished in Performance of this agreement, free and clear of any and all liens. restrictions. reservations security interest encumbrances and claims of mhcrs. - The Seller shall rcicasc the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance ofsuch work, This rcicasc 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 "amity, 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. %Vbcneecr the Scllcr is required to asc any design, device. material or pna". covered by Icier. patent. trademark or copyright the Seller shall indemnify and save harmless the Purchaser from 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 for any cast. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosmution or aficr the completion of the work. In case said cquipmeal. 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 enjoined. the Seller shall, at its men expense and ai 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 nnninfringing. 15ANSOLVENCY. H the Scllcr shall become insolvent or hnnknWt, make an assignment for the benefit of creditors, appoint a receiver or novice for any of the Sellers property, or busi ncss, this order may hunts, ith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The ddinition of terms used Or the inimpretation ofthe agreement and the rights ofall panics hereunder shall be consumed under and governed by the laws of the State of Colando. USA. The following Additional Conditions apply Only in eases where the Seller is to perform work hereunder. including she.senices of$ellers reprcscntahvc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry 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 Seller's final completion and acceptance, complete the work at Scllers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become 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 own expense, pmvide for the payment of workers compensatinn, 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 Feneml liability including, but not limited to, contractual and mammnhile public liability insurance with bodily injury and death limits writ least S300,000 for any one person. S500.000 for am' one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of mhcrs, 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 eenificanes shall specify the date when such compensation and insurance expires The Seller agrees that such emmpensation and insurance shall be maintained mail afar 0m entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for my and all damage loss or injury ofnny kind or nature butSueveT to persons or properly ca oyd by rn resulting from the execution off uc work provided for in this purchase order or in connection herewith. The Seller "ill indemnify mud hold hamles the Purchaser and any or all of the Purchasers officers, agents and employees Form and against 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 put or subject by reason of any act, action. neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, ar its officen. agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller crony of his contractors or any of its or their aRccrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihercof and to defend the same at the Scllers own expense, to pay any and all crisis, 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 olTeem. agents 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 snits or other proceedings, for Seller will at once cause the same to be dissolved and discharged by giving bond or mhcnvise. The Seller and his contentions shall take all . afny precautions, furnish and install all guards necesary for the prevention of accidents, comply with all laws and regulations with regard to snfry including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010