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HomeMy WebLinkAbout102563 C P S DISTRIBUTORS INC - PURCHASE ORDER - 9121582PO PURCHASE ORDER 912158er Page City of PURCHASE 9121582 1 et z ' `tCollins This number must appear ` on all invoices, packing slips and labels. Date: 03/16/2012 Vendor: 102563 C P S DISTRIBUTORS INC 211 N SUMMIT VIEW DR FORT COLLINS Colorado 80524-1403 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 03/16/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Misc. Irrigation Heads 1 LOT LS 29,826.53 per quote 1550358-00 Total $29.826.53 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 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. COMMERCIAL DETAILS. Tax exemptions. By .dame the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0H502. Pedcnl Exeis Tax Exemption Ccrtificam of Registry 94-601N1557 is registemd with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 3426. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in transit, may be rearmed to you for credit and arc not to be replaced except upon receipt of written instmcrions from the City effort Collins. Inspection. GOODS are subject to the City effort Collins inspection on anisal. 11. NONWAIVER. Failure ofthe Purchaser in insist upon strict performaneC of the tans and ennditimt hereof failure or delay to exercise any rights or remedies provided herein or by If,,. failure to promptly notify the Seller in the event at a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not relcose the Seller of any of the wamntics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hcrcnf or any of its rights or mmci ics as to any such goods. regardless of alien shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpond out n adificatien or rescission of this purchase order by the Purchaser operate as a maker of any of tlm terms hcrcnf. Final Acceptance. Receipt of the merchandise, semien or equipment in rcsponse to this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howcven it is uo he 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 are in fact bnme by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns In the Purchaser any and all claims it may new have or hereafter Freight Tereus. Shipments must he F.O.B., City of Fort Collins, 700 Wood St.. Fan Collins, CO 90522. unless required under federal or state antitrust laws for such overcharges relating In the punietdnr goods or services otherwise specified on this order. If permission is given Ir prepay freight and ehnrge scpammly, the original freight purchased or acquired by the Punhxscr pursnanl to this purchase onler. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manuficrorcrs have distributing points in variants pans of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be d ducted firm Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable Imes, 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 hamrlcss fmm and against all liability and Ms incurred by them by rear on of an ascncd or established violation of any such laws, regulations. ordinances. talcs and requirement,. Authorization. All parties to this contract agree that the representatives arc, in fact, burn fide and pusses full and complete authority to bind said parties. LIMITATION OF TERMS. This Parehase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected le and hereby rejecter. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdimcly if you cannot make complete shipment to anive on your Promised delivery date as noted. Time is of ncc essence. Delivery and performance must be effected within the time stated on the purchase order and the document, attached hereto. No acts of the Pumhascr, Inchding, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the reach .... hall have, in addition to other legal and equitable rcmcdies, the option of placing this order elsewhere and holding the Seller liable for damages. Hm,cven the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. .such act, of God, acts of civil or militaryauthorities, low. continental priorities, rims, strikes, flood, epick mies, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) day, of the time when the Seller first received knmvledge thereof In the even, of any such delay, the date of dcl very shall he extended for the period equal to the time actually lost by rcaxnn ofthe delay. 3. WARRANTY. The Seller wamms that all goods, articles, materials and work covered by this under will conform with applicable dmwinga, specifications. samples and/or other description given, will be fit for the purrescs 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 hamiless Tom any loss, damage car expense which the Pumhascr may suffer or incur on account ofthe Scllcrs breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such Imtger period of time a, may be prescribed by law or by the terms ofany, applicable wmmnN provided by the Seller after the date of acceptance ofthe good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a wain r ofany claim under this wamnry. Exeepl ns 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 mummies or guarantees, but such liahility shall in no occur include loss ofprofils or loss of use. NO IMPIJED WARRANTY OR MERCI IANTA EILTTY OR OF FITNESS FOR PURPOSE SI[ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal tent by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr any make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specilmmicns or drawings, by verbal or written change Onler. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions M the grads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progres, 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 ofthe Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered mmundv. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller aamn is that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and rcgidations to which the goods arc subject The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agree, to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser as a result of the Sellers failure in comply with .such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monk, due or In become due hereunder milliner the prim written consent ofthe Other party. 10. TITLE. The Seller wamnt full, clear and unrestricted tide In the Purchaser for all equipment, materials, and items furnished in perfommuce of this agreement free and clear of any and all liens, rcstrieions, reservations security interest encumbrances and claims of others. I A. PURCHASERS PERFORMANCE OF SELLF,RS OBLIGATIONS. If the Purchaser directs the Seller to correct anneunforming or defective prod by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply. the Purchaser may cause the work In be Performed by the most expeditious means mailable to it and the Seller shall pay all crisis associated with such work. The Seller shall release the Purchaser and its contractors army tic, from all liability and claims of any ruling resulting from the perfnrmnncc of such work. This release shall apply even in the cc ent of fault of negligence of the pate released and shall extend to the dimcmes. officers and employees ca'such puny. The Seller's contractor] obligations, including mammy, shall are be deemed to be reduced, in any aay. because such work is performed or emtcd to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or pmeccs covered by letter, 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 Bach patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of w¢h infringement it any time during the prosecution car aner the completion M(the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit bc]d to constitute infringement and the use of said equipment or parr is enjoined, the Seller .chill, at its own expense mud at its option, either procure Forthe Purchascr the right to continue using .said equipment or pans, replace the same .with substantially equal but naninfringing equipment. or codify it so it heroines noninfringing. 15ANSOLVENCY. If the Seiler shall become insolvent or hankrupl, make an alignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may frrlhwi th he canceled by the Purchascr within l liability. Us. GOVERNING LAW. The definitions oftcrms used or the interpretation of the aerecmcnt and the rights ofall panics hereunder shall be constmd underand governed by the law, ofthe State of Colorado. USA. The following Additional Conditions apply only in cases whore the Seiler is to perform work hereunder. including the services of Sellers Representative(s). on the promises nfmher,. 17. SI!LLERS 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 ani materials before Seller's final completion and .acceptance, complete due work at Seller's own expense and to the satisfaction of the Purchascr. When nationals and equipment arc furnished by others for installation or cmclim, by the Seller, the Seller ,hall receive, nn]nad, .,lure and handle same at the site and become responsible therefor as though such mnterials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall. at his am expense, provide for the payment of workers compensation, including occuruirnnl disease benefits. In its enp]oyces employed on or in connection with the work covered by this purchase order. and/or to their dependents in accard naC with the laws of the state in which the work is to be done. The Seller shall also carry eomprchcnsivc general liability including. but not limited to, cantnetunl and nutoombi]e public liability insurance .with bodily injnry and death limits of rat Iced 510 yin for any one person. S500,000 for any, one accident and properly damage limit per accident of S400.000. The Seller shall likewise mature his contractors, drafty. to provide for such compensation and insttnnec. Reform any of the Sellers or his contractors employees shall do any work upon the promises of others. the Seller shall Finnish the Purchaser with a ccnificate that such compensation and insurance limy been provided. Stich certificates shall specify the date when such eonpensntion and in,umnee have been provided. Such certificates shall specify the date when such compvto action and insurance expires. The Seller agrees that such cotnprnsation and insunam shall be maintained until free the entire work is eompled 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 Many kind or nature whatsoever to persons or 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 hamiless the Purchaser and any or all of the Purchasers officers, agents and employees Tom and against any and all claims, loses, damages. charges or expenses, whether direct or indirect and whclhcr to persons or property to which the Purchascr may be put or suhjcct by rcaxnn Many act, aclion, neglect, omission or default on the pan of the Scllcr, any of his cmmtructors. or any of the Sellers or contractors officers, agents or employees. In emy any suit or other proceeding, shall be brought rgrinl the Purchascr, or its rffcem agents or employees at any time on necoom or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or tbcir officers, agents or employees as aforesaid, the Seller hereby agrees to assnmc the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expeases, any and all judgments that may be incurred by or obtained against the Purchaser or any of its ar their officers. agents or employees in such suits or other proceedings, and in easy judgment or other lien be placed neon or obtained against the property of the Purchascr, car said panic% in or as a result of such suits or other proceedings, the Seller will at once cause the snore to be dissolved and discharged by giving bond or mherwise. The Seller and his contractors shall take all ,ime pmcaulion%. furnish and install fill guards necessary for the prc%colocn of ,accident,, comply with all laws and regulations with regard to safety including, but without [imitation, life Occupational Safety and Hcalth Act M 1970 and m1 m]cs and regulations issued parsnom thereto. Revised 03/2010