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HomeMy WebLinkAbout444085 METAL DISTRIBUTORS LLC - PURCHASE ORDER - 3215243Fort Collins PURCHASE ORDER PO Number Page 3215243 1o12 This number must appear on all invoices, packing slips and labels. Date: 01/12/2015 Vendor: 444085 Ship To: ELECTRIC UTILITIES METAL DISTRIBUTORS LLC CITY OF FORT COLLINS 1400 E MULBERRY ST 700 WOOD ST FORT COLLINS CO 80524-3518 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 A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price 2015 Blanket Order 1 LOT LS 12,000.00 Supplies City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $6000 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 107e 90111aYriMT...7,1[ilIM.- GSA Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Good Rejected. GOODS REJECTED due to failure to meet apecifications, either when shipped or due to ddetts of damage in transit may be returned to you for credit and are not m be replaced except tenon receipt of whom innwctions from the City of Fon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorised payment on the pan of the City of Fort Collins. However, it is 0 he understood rise FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. FreiPht Terms. Shipments must be EO. B., City of Fort Collins, 700 Wood St, pan Collins, CO 80522, at. otherwise 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 not be accepted. Shipment Distance. More manufacturers have distnbuung points in venous pans of the country, shipment is expected fmm the nearest &n bution point m datinauoo, and excess freight —11 be deducted from Invoice when shipments are made from greater distmm. Permit, Seller shall procure at sellers sole war all necessary proms, certificates and licenses required by all applicable laws, regulations, endurances and rules of the state, municipality, snotery or political subdivision where the work is performed, or required by any other duly constituted public watch, having, arrinclothuni over the work of vendor. Seller fanner agrees to hold the City of ran Collins harmless from and against all liability and loss incurred by them by reason of an asuned or established violation of any such laws, regulations, ordinmces, rules and requirements. Authentication . All parties in this contract agree that the newscasters ers are, in Get bona fide and possess full and complete au lowiry to bind said pares. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to hoe terms and conditions stated herein set faith and my supplementary or additional tents and renditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immodiarely if you cannot make complete shipment W arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance muss he elTected within the time sound an the purchase order and the documents woched hereto. No acts of flue Purduurs including, without limitation, acceptmce of partial laze deliveries, shall operate as a waiver of this pmvision. In the event of any delay, the Purchasershall have, in addition to other legal and equitable remedies, the option relit r, this orderelsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due an causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such win of God, acts of civil or military authorities, owemmemd prionties, fires, strikes, fiord epidemics, warier now provided that notice of the editions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fen received knowledge thereof In the event of my such delay, the date of delivery shall he extended for the period equal or the time acmdly Ion by ream¢ of the play. 3. WARRANTY. The Seller warrants that all good, amides, materials and work covered by this order will conform with applicable drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a imi lsr nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incuron account of arc Sellers breach of watramm, The Seller shall replace, repair or make good, without war to rue purchase¢ my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of env applicable wanmty provided by the Seller after the dam of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise prom dnd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or goarwaxs, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make changes to legal hems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make now changes to hoe ad.,, other dam legal terms, including additions to or deletions from the quantities originally ordered in We specificatons or drawings, by venal or mitten change order. If my such change affects the amount due or the time of performance herewder, an equitable adjustment shall he made. 6. TER.MINATIONS. The P-dresser may in any time by women change order, mrminate this agreement as to any or all portions of the good then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of de grads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard smock. No men termination shall relieve the Purchaser or the Seller army of deir obligations as to my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within died (30) days from the dam the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrens hoar ell goods sold hereunder shdl have been produced, and. delivered and famished in shirt ompllmce with all applicable laws and regulations to which the brood are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required at be incorporated in agreements of this charaeer are hereby inwryoatnd herein by dis reference. The Seller agrees to indemnify and hold de Purchaser harmless from all wits and damages suffered by de Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer or convey, Its order, or my monies due or to become due herewder without the prior wnnen cement of the other pang. Ica. TITLE. The Seller warrens full, clear and werextrined vale an de Purchaser for all equipmmt materials, and items famished in performance of this agreement free and clear of any and all liens, resuicum s, reservations, armory Imeren encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon stncr performance of the terms and conditions hereof failure or delay to exercise coy highly or remedies provided herein or by law, failure so promptly notify the Seller in the event of a breach the eccepmnce offer payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wanamias or obligations of this purchase order and shall no] he deemed a waiver of any right of the purchaser to insist upon seler Performance hereof or my of its nghm or remedies as in my such gmds, regardless of when shipped, received or accepted, as to my poor or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate is a server of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purclo er rneogniae that in actual economic practice, overcharges starting from curb rmt violations are in fact home by the Purchaser Thererofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereefter acquired under federal or some antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by de Purchaser and the Seller, and de Seller thereafter indicates itsm iliry or unwillingness to comply, the Purchaser may cause de work in be Performed by the most expeditious mews waalable to it and the Seller shall pay all costs associhnd with such work. The Seller shall release the Purchaser and its contractors of my her fmm all liability and clans of my nature esulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend he the directors, oRcers and employees of such parry. The Seller's conozmeal obligations, including warrmry, shall not be deemed to be reduced in my way, because such work is performed or caused to be performed by rue Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent trademark r copyright, the Sel let amid indemnify and over harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, matenal or process in connection wit the contract, and shall indemnify the Purcuaur for my cast expense or damage which it may he bliged m pay by «aeon of such infringement al my rime duct., the poster .... or alter the compledun of the work. In eau said equipment or my pan thereof or the intmdnd use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, 4 its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substmually equal but naninfringing equipment, w modify it so it becomes nomnfneging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, aprons a receiver or owned for my of the Sellers property or business, this order may faMd la d canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temps used or the interpretation ofthe agreement and de rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herewder, including the services of Sellers Represententive(s), on the premises archers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk one the same is rely completed and accepted, and shill, in e of my accident, destruction or injury to the work and/or comeras before Sellers fxd completion and acceptance, complete the work at Sellers own expense and to the sausfaction of the Purchaser. When numerals and equipment are formatted by others for installation or erection by the Seller, de Seller shill receive, unload, store and handle same at the we and become responsible therefor as though such nationals and/or equipment were being famished by the Seller under the order. 18. INSURANCE, The Seller shill, al his own expense, provide for the payment of workers compenmtion, including compound disease benefits, to its employees employed on or in connection with the work covered by this purchase order, wWor to their dependents in accordance with de laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wind bodily injury and death limits of in least Don,000 for any one person, s50Q0.0 far any one accident and property damage limit per accident of 6fOLOOO. The Seller shall likewise require his connionsevers, if any, to provide for such compewdon and insurance. Before my of the Sellers or Its contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cerufcale daz such somencomen and insurance have been provided. Such certifican,ii shill specify the date whom such compensation and instuance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained anal after the wore work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby warrants the more responsibility and liability for my and ell damage. loss or injury army kind or shore whatsoever m persons or property caused by or returning from she execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify add hold harMess the Purchaser and any or all of the Purchasers olEcers, egmts cod employees from and again my and ill cleims, Inssq damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or defwlt on the pan of the Seller, my of his contractors, or my of the Sellers or commands oRmem, agents or employees. In case my suit or other proceednga shall be bought against the Purchaser or its officers, agents or employees at any time on account or by reason of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and in defend the same h the Sellers own expense, ad pay my and all cons, charges, anomeys fees and other expenses, any and dl 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 lion be placed upon or obtained against hoe property of the Purchaser, or said panics in or m a result of such suits or other proceedings, de Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety precautions, famish and moral WI guard necessary for de prevention of accidents, comply with all laws and rephowas with regard to safety including. but wido4 limitation, the Oxcupavoud Safety and Heald Act of 1970 and all soles and regulations issued pursuant thereto. Revised 072014