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HomeMy WebLinkAbout109557 CONNECTIVE SYSTEMS & SUPPLY - PURCHASE ORDER - 9121757City of �„.6rt Collins Date: 03/23/2012 PURCHASE ORDER PO Number Page 9121757 t of 2 This number must appear on all invoices, packing slips and labels. Vendor: 109557 Ship To: WATER UTILITIES CONNECTIVE SYSTEMS & SUPPLY CITY OF FORT COLLINS 5718 WRIGHT DR 700 WOOD ST LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 03/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price HEALTH & SAFETY SERVICES 1 LOT LS 5,767.70 79764 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: $5,767.70 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Nmnbcr is 11. NON WAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-0)(W 7 is registered with the Collector of Failure of file Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Rd'. Colorado Revised Statutes 1073, Chapter 39 26, 114 (n), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breech, the acceptance nfor payment for goods hereunder of approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a aniver of any right of the damage in transit. may be maimed to you for credit and arc not to be replaced except upon receipt of "linen purchaser to insist upon strict perfomanee hercofor any of its rights or remedies as to nny such goods, regardless instructions from the City Of Fun Collins. of when shipped. received or accepted, as to any prior or subsequent deft ult hereunder, nor shall anv purpnmd find madifcatum or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspecting on arrival. hereof. Final Acceptance. Receipt of the merchandise, seryices or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it i.e. to be understood that FINAL Seller fall the Purchaser recognize that in actual economic practice. overcharges resulting Rom antitrust ACCEPTANCE is dependent upon completion ofa11 applicable required inspection pmecdurcs. violations arc in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., Citv of Fort Collins. 700 Wood St_ Fan Collins, CO R0522, unless acquired! under federal or state antilrnst Ifws for loch overcharges relating to the particular goods or services othenvisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ori bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCIIAS17RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu Paetumrs have distributing points in various pans of the country, shipment is If the Purchaser dings the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected front the nearest distribution Point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seiler, and the Seller Iheeafter indicates its inability or unwillingness 10 comply, the P nchaser shipments arc made from greater distance. may caws the work to be performed by the most expeditions means available to it and the Seller shall pay all costa resecimcd is ith such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory rr Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vcadur. Seller further agrees to hold the City of Fort Collins hmmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such Incas. regulations, ordinances, roles and recoirements. Authoritarian. All panics to this contract agree that the mpresentatives arc, in fact. bona fide and possess full and completeauthority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmta and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated fin the purchzsc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have. in addition to Other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seiler 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 reaam ble, control and submit its fault of negligence. such acts of -God. acts ofeiv if or militaryauthorities. governmental priodties, fires, strikes Bond. epidemics. wars or riots provided that notice of the conditions cawing such delay is given to the Purchaser within Foe Is) days of the time when the Seller first received knmvledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with appl ourble drawings, specifications, samples and7or other descriptions given, will he 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 Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sclters breach of wamnty. The Scllcr shall replace, repmr ormake good, w'iflim4cost to the purchaser, any defects or faults arising within one (1) year or within such longer perind of time as maybe prescribed by law or by the terms ofaay applicable wamnty provided by the Seller after the date of acceptance of the gccd fumishcd hereunder (acceptance not no be unreasonably delayed), reselling form imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of good by the Purchaser shall not canstitun a waiver ofany claim under this wamnty. Except as mhenvise provided in this purchase order, the Sellers liability hereunder shall extend too all damages proximately roused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of ptmOts or loss of use. NO IM PIJ ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHA LL APP LY. 4. CH ANGES IN LEGA L TERM S. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moons, other than legal terms, including additions to or deletions front the poinffc, originally ordered in the sprci freatnns or drawitip. by %srhal or swTurcn ctta age order. If any such change affects the amount due or the time of performance 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 of the goMs then not shipped, subject to anv equitable adjustment b noxca the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated polffS on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such arbastrcnt be made in boar of the Seller with respect many glands which arc the Sellers standard stock. NO such termination shall relieve the Purchaser or the Seller of anv nftheir obligations as to nny goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adiustment must be asserted within thirty (30) drys from the date the change or terminatinn is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcmunda shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and rc elditions required to be inenrpantcd in agreements of this diameter are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Porchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. crony mnnics due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr warms 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 limns, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contactors of anv tier form all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the ditecton. oRimm and employees ofsuch party. The Scllcr', commcual obligations, including wamnty, shall not be deemed to be reduced, in any way. because ,such work is performed or caused to be perI mod by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covcnd by letter, patent. tradcamil, or copyright, the Seller shall indcnmify and Race harmless the Purchaser form any and nit claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for anv cost, expense or damage which it may be obliged to pay by reason of Stich infringement at any lime during the prosccutifin or after the completion of the work. In ease said equipment. or any part thetcnf or the intended use of the goods, is in such suit held to eon iinnc infringement and the use of said equipmmcml or pan is enjoined, the Seller shall, at its own expense fall al its option, either procure for the Fund hascr the right In continue using said equipment or pans, replace die same wvith substantially equal hat anninfringing equipment. or mndify it so it becomes mminfringing 15. INSOLVENCY. If the Seller shall become insolvent or banknipt, make an assignment for the hcncfit of creditors. appoint a receiver or trustee for any of the Scllcrs pmpcny or business, this order may forthwith be wnccied by the Purchaser without liability. IF. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Sellers Representative(s). on the premises ofothers. 17. SELLERS RE: PONSIBILITY. The Seller shall carry no said work at Seller's Own risk until the same is fully completed and accepted, and shall, in cast of any accident. destruction or injury to the work and/or ma criols before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc finished by others for installation or CrMion by the Seiler. the Seller .shall receive, unload. store and handle same at the site and become respnnsihic therefor as though such materials and/or equipment were being furnished by the Seller under the Order. 19. INSURANCE;. The Seiler shall. at his men expense, provide for the Payment of works. a unpen,minn. including occopxhonal 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 Imes of the slate in which the work is to be done. The Seiler shall also tarty comprehensive general liability including, but not limited to, cmntraelu d and automobile public liability insurance with bodily injury and dealt, limits of fir Icst S300.000 for nny one person. S500.006 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise requite his contractors, if any, to provide for Inch compensation and insurance. Before any of the Sellers or his eonoretars employees shall do anv work upon the pmmiscs of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insmmacc have been provided. Such certificates shall specify the date when arch compensation and instance have been provided. Such certifiates shall specify the dale when such compensation and insurance expires. The Scller agrees that such compensation and insuranceshall be mnintnined until a0cr the entire work is completed and accepted. 19. PROTBC PION AGAINST ACCIDEN"I;S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability forfay, and all damage, loss or injury of anv kind or nature w'hntxncvcr to persons or property' caused by or resulting from the execution of the work provided for in this purchase Order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees form and against any and all claims, losses, damages, charges or expenses. whether direct or indirect. and whether to persons or property to which the Pemhwcr moy 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 Scllcrs or contractors officers, agents or emplfiy'ees. In case any suit or other pmeeedings shall be brought against the Purchoscr, or its officers, agents or employees at any time on freeman or by reason affray net. action, neglect, omission or default of the Seller of any of his contractors or any of its Or their officers, agents or Employees as aforesaid, the RC11Cr hereby agrees to assume the defense thereof and to defend the some nl the Seller, own expense, to pay any and all costs charges, agomcys fees and other expenses, any and all judgments that may be incurred by or Obtained against the Purchaser 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 pmperty of the Purchaser. or slid parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othenvisc. The Scllcr fact his contractors shall take a1I safety prccfutions. furnish and install all guards necessary for the prcwcntion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety, and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 032010