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HomeMy WebLinkAbout357372 MSI ENTERPRISES INC - PURCHASE ORDER - 3215247Fort Collins Date: 01/12/2015 Vendor: 357372 MSI ENTERPRISES INC 1600 HARRIS DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215247 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 BLANKET ORDER 1 LOT LS 10,000.00 Meter Box Installations 8005 Meter Box Installation i.l P14 ti� 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 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 I. COMMERCIAL DETAILS. Taxexempriow By scatowthe City effort Collins is exempt Sam state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cur, ificax of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to Internal Records. D urea. Colorado (Ref Colorado Revised Sutures 1973. Chapter 39.26. 114 (a). exercise any right or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the deign, shall nor release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due w defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of seamen purchaser he insist upon stria performance hereof ter my of ies nigh s or remedies as w my such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, not shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hamef. Final Acceptance. Receipt of the merrhmdise, semcer or equipment in responds, to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS, authorized payment can the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual examannic prnice, overcharges resulting from antitrust ACCEPTANCE is depmdont upon completion of all applicable required inspection pmredures violations are in but home by the Parchamr Theretofore, for good taus and a conaidention for executing this purchase order, rise Seller hereby coigns to the Purchaser my and all claims it may now have or hersfler Freight Terms. Shipments must be F,0 B., Ciry of Fort Collins, 700 Wood St, Fort Collins, CO 80522. atlas acquired under federal or some antitrust laws for such overcharges relating to the particular goods or services otherwise 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 order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dimibuhing points in waiters parts of the cowry, shipment is If the Purchaser directs the Seller to correct contribution, or defective goods by a date or has agreed upon by the expected from the rust distribution point w doommtion, and excess freight will he dedocred from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its iaabiliry or mwillingress to comply, the Purchaser shipmm. are made from greater sistmcer nwy cause the work to be performed by the coos expeditious means available to it and the Seller shall pay all costs wanciand with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, emificalen and licenses required by all applicable laws, regulations, ordinances and mo,i ofthe state, municipality, rrnmry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and was incurred by them by reason of m azsenad or esablished violation of my such laws, regulations, committee, rules and regaremares. Audnonantion. All parties to this contract agree that the representatives are, in fad, bona fide and passers full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order apressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objenxi to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you rtonot make complete shipment to move On vow promised delivery dare u noted. Time is of the essence. Delivery and vedoammce must be eReaed within the time stated on the purchase order and the documents armched hereto. No aces of the Purcrow, including, withom limitation, acceptance of partial late delivers, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to caws not easonably foreseeable which are beyond in reasonable control and without its fault of negligence, such arts of Used, acts of civil or military authwilies. governmental prionem, fires, strike; nand epidemic, wars or hots provided th a nonce of the conditions cawing such delay is given ho the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of my such delay, the date of delivery sisal be extended for the period equal to the time actually lom by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, ,aides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the porpws intended, and Performed with the highest degree of cue and compromise in accordance with incepted mansards for work of a irwar nature. The Seller agrees to hold the purchaur harmless from any loss, damage or octane which the Purchaser may suffer or incur on account of the Sellers breach of warrow, The Seller shall rplue, repair or make good, without best to the purchaser, my defects or faults arising within one (II year or within such longer period of time as may be prescribed by law or by the terms of my applicable warrmry provided by the Seller after the date of acceptance of the goods firromed hereunder (acceptance not be unreasonably delayed), resulting from impeded or defective work done or inwards furnished by the Seller. Acceptance or use of goods by the Purchaser shall not cortsfimte a waiver of any claim order this warranty. Except as otherwise provded is this purchase order, the Seller liability hemandsr shall extend r all damages proximately cause by the breach of any of the foregoing...Iou or guarentess, but such liability shall in no event include loss of profies or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charger to the terms. other that legal berms, including additions to or deletions from the qumtities originally ordered in the specifications or drawings, by verbal or wonm charge order. If any such chmge aTects the amowt due or the time of perfmmnce hereunder, an egalable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to are or all ponions of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shill not be liable for my clams for anticipated profits on the uncompleted portion of the goods and/or work, for incidmta or consequential damages, and that no such adjustment be made in favor of the Seller with rapes to my good which are the Sellers standard stock. No such tec ome. shall relieve the Purchaser or the Seller opens of their obligations as to my goods delivers hereunder. ]. CLAIMS FOR ADIUSTMRNT, Any clam for whownew mum be asserted within thirty (30) days from the date the change or rumination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants tha all goods sold hum under shall have bran produced, sold, delivers and famished in rand compliance wish all applicable laws and regulations to which the goods arc 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 incorporated in agreements of this character 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 Purchaser as a result of the Sellers mature to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mansfer, or convry this order, or my mortis due or he become due hereunder wishow the prior wnnm consent of the other parry, 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in pedoamence, of this agreement, free and clear of my and all liens, romictions, reservations, security interest encumbrances and clams ofichas The Seller shall release the Purchaser and its contractors of any her from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dirmrrs, officers and employes of such parry. The Sel lees contractual obligations, including warranty, shall not be deemed in be reducat in my way, bmuse such work is performed or caused to b, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by Inter, parrot, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all clams for infringement by reason of the use of such patented dote in, device, material or proem in connection with the warner, and shall indemnify the P &r t for my con, expense or damage which it may be obliged to pay by reason of such infringement at any here during the prosecution or after the completion of the work. In cue said equipment or any pan thereof or the intended use of too 6teteds, is in such moor held w constltom hhfdngemew and the we of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wing sad equipment or parts, replace the same with substantially equal but noninGnging ryapm rat or modify it so it becomes noninftinging. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpL make an assignmem for the benefit of creditors, aplimm a receiver or oe for my of the Sellers property or business. this order may foNhwith be canceled by the Purchaserwte without liability. 16, GOVERNING LAW The definitions of terms .used or the imbromhation of the agreement and the rights of all panes hereunder shall be scummed under and governed by the laws of the Scare of Colorado, USA. The following Additonal Considers apply only in cases Where the Seller is to perform work hereunder. including the services of Sellers Representatives), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on sad work at Settees own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers final completion and sccep eriew complee the work at Sellers own expense and to the satisfaction of the Purchaser. When mmear s and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, deposit, shore and handle same at the yr and become ruponsible therefor as though such materials torpor egapmmt were being famished by the Seller must the order. 18. INSURANCE. The Seller shall, at his Over expense, provide for the payment of workers compensation, including occupational disease burefit. W its employees employed on or in connection with the work covered by this purchase order, md/or to their dependents in acberdance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive goner] liability including. but not limits to, conmacmal and automobile public liability inesuranre with bodily injury and death limits of a least $300,000 for any one person, S500,000 for my we accident and property damage limit per amident of St00p00. The Seller shall likewise require his stantractons, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certfiwte that such compensation and insurance have beat provided. Such c nifcates shall specify the date when such compensation and insurance have been provided Such cemficates shall specify the daze when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained mul Act the .6. work is completed and accepted!. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Set let hereby ns es the were responsibility and liability for any and all damage, loss or injury of any kind r whom whatsoever 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 Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers. ogees and employes from and against my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to Panama or property m which the Purchaser may be pun or subject by reason of any act action, neglect omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or officers, b term, or employees. In use my snit o other proceedings shall be brought Manor the Purchaser, or its officers, agmrs or employes a my time on account or by reason of my am anion, radial, omission or default of the Set let of any 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 to defend the same as she Sellers own expense, to pay my and all costs, charges, avomar fees and other expenses, my and all judgments that may be incurred by or obtained agars the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cue judgment or other lien be planed upon or obtained against the property of the Purchaser, or said parties in or as a bi of such sides or other paramedical she Seller will a once cause the same to be dissolved and drelder s by giving bond or otherwise. The Seller and his wnoacmrs shall take all safety precautions, furnish and iwtall al guards cerebr ay for the prevenfio s of incidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therm. Revised 07/2014