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HomeMy WebLinkAbout102537 C D FASTENERS INC - PURCHASE ORDER - 3215017Fort Collins Date: 01/02/2015 PURCHASE ORDER PO Number Page 3215017 1o12 This number must appear on all invoices, packing sli s and labels. Vendor: 102537 Ship To: TRAFFIC OPERATIONS C D FASTENERS INC CITY OF FORT COLLINS 512 N LINK LN 626 LINDEN STREET FORT COLLINS CO 80524-2738 FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buver: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fastener Supplies Annual 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=rn Gnici1�161 5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By sueum the City of Fort Collins is exempt from state and local taxer. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi00058I u registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Raised Sauter 1973, Chapter 39-26.1 is (a). Goods Rejected. GOODS REJECTED due to failure to meets sa fcatons, either when shipped or due to defects of damage in moult, may be rmmal to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to Me City of Fort Collins inspection on arrival. 11. NON WAIVER. Failure of the Purchaser to bound upon strict perfomimec of ths, firms and conditions hereof, failure or delay to exercise any rights or wormdies provided herein or by law, failure to promptly notify Me Seller in Me and of s bresch, the acceptance afor payment for goads hereunder Or approval oldie design, shall rat.1. Me Solicitor any of Me wanaaties or obligations of Nis purchase order and shall not be derma a waiver army right of the purchmer to insist upon suit? performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepts, m many prior or subsequent default hereunder, nor shall any imported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams hereof. Final Acceptance. Receipt of the nraMandix, services a aryipmeor in resume, to Nis order can reralt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on Me pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and Me Purchaser magaze that in remrl economic practice, o cnharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requirad'uspection pwardurerr violations art in fact home by Me Purchaser. Theremfors, far good cause and as consideration for executing Nis purchax order, the Seller hereby assigns an the PnxIbm r any and all claims it may vow have or Samara Fmight Terror. Shipments most he F.O.B., City of Firm Collins, 700 Wood St, Fail Collins, CO 80522, unless acquired undo federal or sine antitrust laws for such overcharges relating an Me Particular goods or servitor Otherwise specified on thus order. If pemmusion is given to prepay freight and charge separately, the original freight purchaxd or acquired by the Provisioner Pursuant to Nis purchase ordl bill most accompany former. Additional charges for packing will net be created 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mavufour. have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct rmnconfacming or defective goods by a daze to be agreed upon by Me expected form the nearest distribution prim to destination, and excess freight will be canceled from Invoice when Purchaser and the Sella, and Me Seller Hereafter indicates its inability or unwillingness or comply, Me Pachnsa shipments arc made form greater distance. may muse the work to be performed by the most expeditious means available to it, road Me Seller shall pay all costs msrcimed with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificma and licenses required by all applicable laws, regulation, mdimara, and rates of the state, municipality, terina, or Political subdivision where the work is performs, or re,oral by any other duly constituted public authority having jurisdiction over Me work of vendor. Seller further agrees to hold the City of Fort Collins hornless from and against all liability and loss incurred by them by mason of an nssened or established violation of any such laws, regulations, ordinances, mles and requirements. The Seller shall release the Purchaser and its contractors of any tia from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of Me party released anal shall extend to the directors, officers and employers of such party. Authorization. All parties to His contract agree that Me repreunati es are, in fact bon+ fide and possess full and The Sellers ventmetusl obligations, including warranty, shall not be dcema to be reduced, in any way, became complete authority to bind said parties. such work is performed or causal to be Portrayed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits overcome m the temu and condidom actual herein tit foal and any constemrnns, or additional toms and conditions amexed hereto or incorporated herein by 14. PATENTS. reference. Any additiowl or different to= and conditions proposed by sells are objected m mad hereby rejects. Wbenevenhe Seller is requiredto use any Martin,device, material orprocess rovers by later, patens, mademmk or copyright, Me Sella shall indemnify and save hmmless Me Ptachma from any mad all claims for infringement 2. DELIVERY. by reason of the are of such patented design, device, material or process in connection with the rental, and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to mrive on your shall indemnify the Purchaser for any cast, expense or damage which it may be obliged in pay by reason of such promised delivery date us noted. Time is of the essence. Delivery and performance must be effected within the time infrm,ancnt at any time during Me prosecution art after the completion of the work. In care said equipment, or stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without any pan thereof or the intended use of the goads, is in such suit held to constitute inMngement and the use of limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the the Forchmer shall have, in addition to other legal and equitable remedies, toe option trilling this order elsewhere Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but and holding the Seller liable for damages. However, Me Seller shall not be liable for damages as a result of delays mninfnlrging equipment, or modify it so it becomes noninfringing. due to causes not reawmbly foreseeable which are beyond its remorable control and without its fault of negligence, such acts of God,acu of civil or military authorities, gave .I marri fires, Mae, Road, epidemics, wars ce 15. INSOLVENCY. He. provided that notice of the conditions musing such delay is given to the Norman within five (5) days of the If the Seiler ahall become insolvent or babempt, make an assignment for Me benefit of cmducrs, appoint a time when the Seller f r served knowledge thercof. In the event of my such delay. the time of delivery shall be receiver in snake, for any of Me Sellers property or bummers, Ws order may forthwith be canceled by the extended for the period aryal m the time actually Inst by mason ofthe delay Purchaser without liability. 3. WARRANTY, The Sella wammu that all goods, articles, materials and work ravers by this order will conform with applicable drawings, specifications, maples and/or other descriptions given, will be fit for the purposes intended, and performed with Me highest degree of cam and competence in accordance with accepted smndmin for work of a similar nature. The Seller agrees to hold He purchaser hamdess man tiny Ins, damage or expense which Me romancer may suff or incur on warrant of the Sellers breach of wall The Seller shall replace, repair or make goad, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time m may be prescribe by law or by the terror of any applicable warranty provided by the Seller after the date of acceptance of the goods fitmishal hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or nationals Statistical by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this watrany. Except as otherwise provided in this uurthase rode, Me Sellers OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teats by won= change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mars, other Man legal tears, including odditions to or deletions fmm the quantities originally ordered in the specifications or drawings, by cabal or written change order. If any such change alfecu the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any rime by written change order, mrmNate this agreement as m any or all portions of the goads Men not shipped, subject to any tyuiuble adjustment berwem Me panic or to any work or materials Men in progress provided that Me Pmchnser shall not be liable for soy claims for anticipated plains on the unmmplaed Portion of He goad mNor work, for incidental or consequential damages, and that an such adjuument be made in favor of Moe Sella wind matters many good which rum Me Sellers standard stock. No such termination shall relieve Me Purchae or Me Sella of my oftheir obligations as b any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Minty (30) days firm Me date Me change or ternmemon is called. 8. COMPLIANCE WITH LAW. The Seller warnms that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which Me good are subject. The Seller shall execum and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be ncorpom ed in agreements of this character an, hereby incorporated Mein by Mis erasure. The Seller appears to indemnify and hold Me Purchaser harmloss farm all costs and damages suffered by Me Purchaser as a result of Me Sellers failure m comply with such law. 9. ASSIGNIll Neither party shall assiM transfer, or convey this mrda, or my monies due or to become due Meunda wiMom M, prior om men cameo afNe at, party. 10. TITLE. The Sella wammts fall,.1. and umestdcmd title?. the Fortuna for all equipment, mamdals, end it. formMal in performance of Mira ameare r. free and clear of any and all liens, ramenims, reservations. man, refaert encumbrances and claims of others. 16. GOVERNING LAW. The dcfnitiom oftcross real or Me interpretation ofhc agreement and Me rights ofall parties hereundershall be comomal under and govemed by Me laws of Me State of Colorado, USA. The following Additional Conditions apply only in cases where Me Sella is m peramor work hereunder, including the services of Sellers Represenutisma. on she premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk One Me some u fully completes and accepted, and shall, fir case of any accident, destruction or injury m the work mdror materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to Me satisfacrion of the Purchase. When materials and equipment me famished by others for installation or erection by the Seller, Me Sella shall receive, unload store and handle scam to Me sine and becoerc responsible therefor as though such materials and/or equipment was, being frmisha by the Sella under the order. Is. INSURANCE The Sella shall, at his own expense, provide for the payment of workers compeer Lion, including occupational disease benefiu, to its employees employed an or in connection wind Me work coveral by this purchase order, and/or to their dependents in accordance with the laws of Me sum in which Me work is to be done, The Sella shall also tarty comprehensive general liability including, but not limited as, contractual and automobile Public liability insurance with bWily injury and &orb limits of at least 530 ,000 for any one person, E900,000 for any me accident and property damage limit per accident of 5400,0(0. The Seller shall likewise mquim his contractors, it any, to provide for such compensation and insurance. Before any of Me Sellers or his contractors employees stall do any work upon the premises of others, the Seller shall famish Me Frrchnsa with a amficam that such compensation and insurance have ban provided. Such ¢rtificates shall specify the date when such compensation and insurance have been provided. Such ceniftmus shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and imumnce shall the maintained until aria Me muse work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby asauma Me mt'me respomibiliry and liability far any and all damage, lass or injury army kind or nature whatsoever to persons or property mused by or resulting fmm Me execution afNe work placated for in Nis purchase order or in connection herewith. The Sella will indemnify and hold lawma ess Me Purchaser and tiny or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to policies or property to which He Furehaur may be par or subject by mason of any act, action, neglect, omission m default on Ne part of Me Sella, any of his contractors, or any of Me Sellers or contractors officers, agents or employees. In case any suit or other prow sings shall be brought against the Pumhma, a its oRcers, agents or employees at any time on account or by reason of any ace, acrloq negla, omission or default of the Seller of any of his contractors or any of its or their officer, agents or employees as aforesaid, Me Sella hereby agrees to assume Me defense thereof and to defend the same at Me Sellers own expense, to Pay any and all casts, charge, aturri fees and other expenses any and all judgments that may be incurred by or abmimd against Me Purebsser or my of its or thou officers, agents or employee in such suits or aMe, proceedings, and in case judgment or other lira be p road upon or obuined against the properly of Me Purchaser, or said parties in or as a result of such ruin a order proceedings, Me Sella will at once muse the same, to be Micaohved and diseMga by giving bard or otherwise. The Sella and his contractors shall take all salary pmcmtiom, famish and instill all greards naeuary for the Formation of accidents, comply with all laws and regulations with regard m safety inclui but without limitation, Me Occupatiotml Safety and Heeled Act of 19)0 and all roles and regulationsissua pursuant tMeo. Revises OMOi4