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HomeMy WebLinkAbout102563 C P S DISTRIBUTORS INC - PURCHASE ORDER - 9141674Fort Collins Date: 03/20/2014 Vendor: 102563 C P S DISTRIBUTORS INC 211 N SUMMIT VIEW DR FORT COLLINS CO 80524-1403 PURCHASE ORDER PO Number Page 9141674 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 03/20/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 Bulk Head Order 1 LOT LS PER TERMS AND CONDITIONS OF MAPO BID. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 41,000.00 Total $41,000.00 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 statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with fe Collector of Failure affix Purchaser to insist an strict performance of the terms and c..dilims hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. CulOmdo Revised States 1973, Chapter 3946, 114 (aj exercise any fights or remedies provided herein or by law, failure to promptly notify fie Seller in fie event of a breech, the ac a,lawme of or payment for goods hereunder Or approval of fie deign, shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to was speafwtione, either when shipped or due to defects of any of the wanandes or obligations of Nis purchase order and shall not to doemed a waiver of any right of the damage o mash, may b, reamed to you far credit and see not to be replaced except upon receipt of written purebser to hour upon stet performance In reafor any of its rights or mnedies as to any such goods, regardless inswnions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, tar shall any purposed Orel modification or rescission of this purchase order by the Puahuer operate as a waiver of any of fie team Inspection. GOODS ate subject to the City of Fort Collins inspection on eniv9. hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authonecd payment on the pan of the City of Fort Collins. However, it is a be understood the tFINAL Seller and fie Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upov completion of all applicable acquired inspection procedures. violations ere in fact borne by fie Purchaser. Themowne,gforr goad came aM as wnsidemtiw for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may aww have m hereafter Freight Terms. Shipments must Is, F.O.B., City Of Fon Collins, 700 Woad SL, Fear Collins, CO 80522, unless acquired wder fcdcal or state antitrntt Imes for such overchvga slating to the particular goads or services otherwise specified oa this artier. Ifpennission is given a prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mat accompany invoice. Additional charges for pecking will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufacturers have distributing points in varrions parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from he nearest distribution in, to dtounaiam and excess fimpl t will be deducted from Invoice when Purchaser and the Seller, and fie Seller thereafter iadeares its inability or unwillingness to comply. Be Purchaser shipments are made from greater distance. may cause the work to be performed by the now expeditions meters available to it, nM the Seller shall pay all cots associated with such work. Pemtits. Seller shall procure err sellers sole cot all necessary permits, certifema and liars mentioned by all applicable laws, regulations, ordinances mN tales of the more, municipality, teraitory or political subdivision where The Seller shall mlesse the purchaser and its contractors of any tier from all liability and claims of any nature the work is Performed, or required by any other duly covstiared public auherry having jurisdiction me the work resulting from the perforators, ofsuch work. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liabiliy and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales This release shall apply even in fie event of fault Of negligence of the party released and shall extend to the rid requirements. directors, oI icers and employees of such party. Audrodwtlon. All panic to this contact agree fat the representatives fire, in fact, bow fide and Possess full and The Sellers comoctual obligations, including wamnry, shall not he, decreed to h reduced, in any way, because complete authority to bind said ponies, such work is performed or caused to be pM ed by fie Purclvsser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance as the terms and cmNitiom stated hearing set tomb and any supplementary or additional terms and conditions awcxed hereto or incorporated herein by reference. Any addition.[ or difresnt more and conditions proposed by seller are objemed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately if you cannot make complete shim em to active on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stared on the purchase oNer and the documents attached herelo. No acts of the Purchasers including, without limitation, act,. of partial lure deliveries, shall opeore as a waiver oftbis provision. In the event of any delay, the Purchaser shall hays, in addition rat noel legal and aluioble remedies, the option of p1ming Nis He, cluwhmre and holding the Seller liable for domaga. However, the Seller shall not be liable for damages as a result ofeclays due to causes not reasonably faraemble which are beyond its rwsovble control amt without its fault of negligence, such was of God, acts of civil or military authorities, governmental priorities, fires, stokes, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaer within five (5) days of the time when not Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for fie period equal to the time wholly lot by reason of the delay. 3. WARRANTY. The Seller warrants ttat all goads, article, more ads and work covered by this order will conform with applicable drawings, specifications, samples miNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and campaigner, in accordance with accepted standmds for work of a milar mare. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on wa ount of the Sellers breach of warranty. The Seller shall repl.e, repair or make good, without cost to the purchaser any defers or faults arising within one (1) year or within such longer per a l of time as may be presmbed by law or by the terms of any applicable warranty provided by fie Seller after fie date of accepown, of me good famished hereunder (.ceponre rant In be unseasonably delayed), mesultog from impeR t or defective work dolls, or mmenau famished by me Sella. Acceptance Or not of good by the Purehmer shall not cmmimm a waiver oferny daim under this warranty. Except as orhessise pmv &tl in this puahuc order, fie Sellers liability hereunder shall extend to all damages proximately tamed by the breach of any of the foregoing wormanes or gwran tam, but such liability shall in no event include loss of prefix or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF 111'NESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to It it. by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mrmke any changes to the terms, afar than legal terms, including additions m or deletions form me quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time of oopamance hereunder, an equitable adjnstment shall be mode. 6. TERMINATIONS. The Purchaser may fir any time by written change order, terminate this agreement as to any or all portions of the good men not shipped, subject many equitable w1justnrenr between the parties as to any work or mwonals then in progress provided that fe Purchaser shall nor b, liable for any claims for anticipated profits oat fie cause — lead Portion of fe goods andor work, for incidental or cornsequrntial damages, and fat no such adjuttment be rude in favor of the Seller with respect o any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mar be assrmed within thirty (30) days from fe dam the change or temdnation is oNered. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered aM fmished in strict compliance with all applicable laws and regulation to which the goad are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be nempoated in agreements of this diameter are hereby inverpumod herein by this reference. The Seller agrees to indemfufy and hold the Purehuer harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither Foray stall assign, groomi, or comet' this order, or any monies due or to become due hnewder without the ,can women comma of the Ofce patty. 10. TITLE, The Seller warrants full, clew and firsawinrd title to the Franchiser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and tall limns, striations, sservatias, scounty, intent encumbrances and claims o f adaers. 14. PATENTS. Whenever the Seller is required as me any deign, device, marmal or process covered by letter, patent trademark copynghl, the Seller shall indemnify and save harmless the Purchaser from any will 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 cost, expense Or damage which it may be obliged to pay by causing of such infringement at any lime during the prosecution or aver the completion of the work. In case said equipment, or any prom thereof or the intended rue of the goods, is is such suit held an .,imne iNHngemem and the use of said equipment or pain is enjoined, fie Sella shall, m its own expense and m its option, either procure for the Purchaser fie fight to connote ming said equipment or parts, replace the same with substantially equal but noninfn'nging equipment, or notdity, it sat it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make va assignment for fie benefit of creditors, appoint a receiver or msme an rfor y of the Sellers property or liminess, Nis n is Order may forthwith be canceled by the Purchwcr without liability. 16. GOVERNING LAW. The defnitiom ofterra weed m the imeryremnona the agreement and fie rights ofall ponies hereunder shall be casmued wtier and gresmed by fe laws of fie State of C.I.A., USA. The following Additional Conditions apply only in cases when the Seller is to perform work hereunder, including the servics of Sellers Represenmtive(s), an he premiss ofather,. 17. SELLERS RESPONSIBILITY. The Seller shall carry cn said work at Sellers own of until the same is fully completed and accepted, and shall, in case of any accident dsmmtion or injury to the work wMror mmerols bet Sellers final completion and .impostors, complete the work m Sellers own expense aro to the sotsfnction of the Purchaser. When avmnals and equipment art famished by others for installation or erection by the Seller the Seller shall receive, wound, store and handle same at the site and become responsible therefor as dmugh such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shalt at his own expense, provide for the payment of workers wmpesntion, including O noriatiovl disease benefits, so its employees employed on or in courection with fie work covered by this purcha a order, mdror to their dependents in accordance with fie laws of lose state in which the woh is m be dwe. The Seller shall also carry comprehesive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and in e. Before any of the Sellers or his commenos employees shall do any work upon the premises of oases, the Seller shall famish the Purchaser with a maiftcate fat such compensation and insurance have them provided. Such eemificstes shall specify the date when such compensation and insurance have been Provided. Such certifiwms shall sporty, fie dam when such comprnwtion and insurance expires. The Seller agrees fur such compensmion and insurance shall bur maintained wtil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mmme, the entire responsibility and liability for any and all damage, loss or injury of any kind at mire whomever to persons or property caused by or resulting from me execution at the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of fie Purchasers officers, agents and employees from and almost any and all claims, loss, damages, charges or expenses, whether direct or indirect, and whether to pawns or property m which the Purchaur may be pat or subject by reason of any .t .lion, neglect, omission or default on the pan of the Seller, any of has conm.tars, or ony of the Sellers or contactors officers, agents or cmploygs. In case any suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employees at any time on wcount or by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any Of its or their olTmers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend me same at But Sellers awn expense, to pay my and all costs, charges, anomeys fees and other expenses, any will all judgments fat may he incurred by or obtained against the Purchaser or any of its Or feu officers, agents m employees in such its or other proceedings, and in tau judgment or other lien be placed upon or obtained agaist the property of fie Purchaser, am said pubs in am as a result ofsuch suits or at pmcndings, the Seller will at aria cause the same to be dissolved sod dischmged by giving bond or otherwise. The Sellef nnA his contactors shall take all safety precautions, Ramada and install all guano nrcessarry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1910 and all fides and regulations issued pursuant thereto. Revised 03CO10