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HomeMy WebLinkAbout109557 CONNECTIVE SYSTEMS & SUPPLY - PURCHASE ORDER - 3215192Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 109557 CONNECTIVE SYSTEMS & SUPPLY 5718 WRIGHT DR LOVELAND CO 80538 PO Number Page 3215192 7of2 This number must appear on all invoices, packing slips labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket order Fasteners 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 1 LOT LS 18,000.00 Total Pay terms net 30 days 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 L COMMERCIALDETAILS. Tax exemptions, By statute the City of Fan Collins is exempt From state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Careficete of Registry 84-6000597 is registered with the Cullen., of Internal Revenue, Denver, Colorado (get Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due 10 failure as men s weificmim., either woo shipped m due to defects of damage in transit may be removed to you for credit and are tot to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject o the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in autherneed payment on the pan of the Ciry of Fan Collins. However, it is to be undemood that FINAL ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. Freight Terms. Shipments must be ED B., City of Fort Collins. 700 Wood St, Fort Collins, CO 80522, unless ofewse specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will net so accepext Shipment Distance. Where manufacturers have dinributing points in various pans of the country, shipment is expected from the nearest doMbution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pernira cenificas s and licenses required by all applicable laws, regulations. ordinances and rates of the state, municipaiiry, territory or political subdivision where the work is performed, or required by my other duly evnsitated public authority having jurisdiction over the work of venetian Seller further agrees to hold the City of Fort Collins harmless from and against Al liability and loss incurred by theby reason of an asserted or established violation of my such laws, regulations, ordinances, rules anthem by ox itammu. Au lmoki ion. All pokes on this contract agree that the re,temona es are, in fan, bona fide and posses full and complete annonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance on the terms and Conditions Anted herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and Conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make Complete shipment to arrive can your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Intention, acceptance of pmiai late deliveries, shall operate as a waiver of this provision. In the event of ley delay, the Parrhsser shill have, in addi[ion odeer legal and equitable remedies. the option of placing [his order elsewhere and holding the Seller liable for Connotes However, the Seller shell not be bible for damages as a result of negligence. of delays rue to causes rim reasonably foreseeable whim are beyond its reasonable comrol and ikthous its tepidemics, wenco, such actsid God, acts of civil or military sComing pronominal spriorities, fires,mikes,flood, epidemics, warsor he time provided that notice of the conditions ge the6 such delay isgivenm the Purchaser within ofivef delivery days of the time when the Seller first received knowledge thereof, In due event of any such delay, the dale of delivery shall be extended (or the peried equal to tine time acntWy lose by remain of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will Conform with applicable drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes intended, and performed with the highest degree of care and compnmee in mcordmce verb accepted ..it.& for work of a similar nature. The Seller ogres or hold dee purchaser harmless from my loss. damage or expense which the Purchaser may suffer or incur an account of the Sellers breech of wonmry. The Seller shall replace, repair or make good, without cost o the purchaser, my defects or faults arising within one (1) year or within such longer period of lime as may be prescribed by law or by me Terms of my applicable wormy provided by the Set let after the data of acceptance of the goods famished hereunder (acceptance not he be unreasonably delayed), resulting from imperfect or defective work done or materials fumiahed by the Seller. Acceptance or new of goods by the purchaser shall not e moimre a waiver of my claim under this warranty. Except as otherwise prodded in this merebaze order, the Sellers liability hereunder shall extend to Al damage proximately caused by the breach of my of the foregoing warmties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED W ARRARTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehaser may rnake changes to legal terms by whom change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser anmay make y choges to the terms, other ohm legal tor including additions to or deletions from me quantities originally ordered in me specifications or drawings, byverbal or written change order. If my such change affects the anount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaven may at my time by ont en change order. terminate this y{eement as to any or all Fort sof me goads thm not shipped, subject to my equitable adjustment between the parties as to my work or maerialsfen in progress provided fat the Purchaser shall not be liable for my claims for anticipated probes on the uncompleted portion of the goads and/or work, for incidental or cossequen ial damage, and that no such adjtutment be made in favor of dw Seller coif cement to my goods which are fe Sellers standard stock. No such temunmon shall relieve the Purcbazer or the Seller of my of their obligations as to my goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment mesa be asserted within fin, (30) days from fa date the change or termination is ordered g. COMPLIANCE WITH LAW. The Seller warmts fat all goods sold hereunder shall have been produced, sold, delivered and furnished in Arid compliance wide all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be requirts o effect or evidence compliance. All laws and regulations required in be mryonted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser handless from all tests and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill comp, transfer, or convey this order, or my mania due or to become due hereunder withom the prior wrinon consent of the other Fatty. 10. TITLE The Seller warren. full, clearand unreslncted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, retneu ns, reservations, security interest encumbrance and clainer ofo hom 11, NONWAIVER. Failure of the Purchaser to insist upon Ann performance of the terms and conditions herm4 falure or delay to exercise any rights or remedies provided herein or by law, failure to pmmptly notify me Seller in the event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall not releae the Salter of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon sbn performance ha erfor my of is rights or remedies as Co any such gaols,regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shell any purported anal modification or rescission of this purchase order by the Pont operate as a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic prutice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as canzidemtion for executing this purchase order, the Seller hereby assigns to the Purchaser my and all clients it may now have or hereafter acquired under federal or state motion laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to Correct nonconforming or defective goods by a time to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability n unwillingness to Comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such cwork. The Seller snail release the Purchaser and in contractors of my net from all liability and claims of my nature resulting from the performance of such work. This release shop apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contradtual obligations, including wort shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. I4. PATENTS. Whenever the Seller is required to one, my design, device, material or process covered by letter, patent, trademark or mpydght, the Seller snail indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patmted design, device, material or process in Connection with the contract, and shall indemnify the Purchaser for my con, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held on carenture infringement and the use of said equipment or pan is enjoined, due Seller shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pars, replace the same with substantivally equal but mninfnnging Wuipme mL or modify it so it becomes mrtinfnnvog. 15.INSOLVENCY. If the Seller shop become insolvent or bankmpt make an assignment for the benefit of creditors. Victor a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchaser without liability 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be unwed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is m perform work hereunder, including the services of Sellers Represenvtive(s), on tire premise ofethers. 17 SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final Completion and acceptance, complete floe work ar Sellers own expense and to the satisfaction of roe Purcbazer. When camenals and equipment are furnished by ofers for installation or erection by the Seller, doe Seller snail receive, unload. scare and handle more at in. site and became resyoasible therefor as Tough such marenais and/or equipment were being famished by me Seller under the order. Ie. INSURANCE_ The Seller shall, at his own expense, provide for the payment of workers com maxecoo, including occupational disease benefits, to i. employees employed on or in Connector with the cork covered by fit p rrolo a order, and'or m their dependents in accordance waif the laws of the state in which the cork is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and oummobil. public liability insurance with bodily injury and deaf limits of at least E300,000 for any one person, ESOo,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if my, to provide for such mmpmsation and insurance. Before my of the Sellers or his countries employees shall do my work upon the premises of ofce, the Seller shall furnish the Pmchater 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 cenificetes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the more work is Completed and momea 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby azsmrics the entire responsibility and liability for my and all damage, lass or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of the cork provided for in this pmchae order or in connection herewith. The Seller will indemerifv and hold hartlevs the Purchaser and my or ill of the Purchasers officers, seems and employees from and against any and all claims, loose, damages charges or especial whefer direct or indirem and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his comramors, or my of the Sellers or contractors officers, agents or employee. In case my suit or ofer proceedings shall be brought against me Purchaser, or its oficers, agents or employees a any time on account or by reason of my act action, nelJect omission or default of the Seller of my of his contractors or my of its or their officers, agents or employee as atorasaid, the Seller hereby agrees to assume the defense thereof and to defend the same at dee Sellers own expense, to pay my and all cos., charges, momrys facts and ofer expenses, my and all judgments that may be incurred by or obtained against the PurAin er or my of its or their offcars, agents or employees in such suits or offer proceedings, and in now judgment or other lian be placed upon or obtained against the property of the Purchaser, or said parties in or as a inch of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his Contractors shill take ail safety precautions, famish and install all guards necessary for the prevention of menhen , comply -in all laws and regulations waif regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and Al rules and regulations issued pursuant thereto. Revised 07/2014