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HomeMy WebLinkAbout103989 THE KELLY SUPPLY CO - PURCHASE ORDER - 9120034PURCHASE ORDER PO Number Page City Of 9120034 ' of z ' `t Collins OI li ns This number must appear {� 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 103989 Ship To: DRAKE WATER RECLAMATION THE KELLY SUPPLY CO CITY OF FORT COLLINS 2135 E MULBERRY ST 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80524-3650 FORT COLLINS Colorado 80525 Delivery Date: 01/05/2012 Buyer: ED BONNETTE 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 Extended Ordered Price BLANKET PO FOR 2012 1 LOT LS 40,000.00 PLUMBING SUPPLIES City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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 stance the City of End Collins is exempt from state and local taxcx.0ur Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tents and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39.26. 114 (a). exercise any rights or rcmedics provided herein or by lose, failure to promptly notify the Seller in the event urn breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not relcose the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of flic warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to yen for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification Or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof, Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaf3Cr Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wad St, Fort Collins, CO 90522. unless acquired under federal or state antitrust loses for such overcharges relating to the particular goods or services Otherwise specified on this order. If pcnniaion 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. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political sulxlivision when 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 handless from and against all liability and Inc incurred by them by reason of an asmned or established violation of any such la's, regulations. ordinance,. rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact bona Ode and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional ar different terns add conditions proposed by seller arc objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the document attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a oviver of this prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofp]icing this order elsewhere and holding the Seller liable for damages. Hoo'eva. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofacgligeme, such acts of God. actx ofcivil or military authorities, govemmental priorities, rims, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the purchaser vithin five (5) days ofthe time when the Seller first received knowledge thereof. In the event crony Such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. ' The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawing. specifications, samples and/or other descriptions given, will be fit for the purows intended, and performed with the highest dcgrcc of care and comperence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hanrlcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cat to the pochascr, any defects or faults arising within one (1) year or within such longer period of time as may be premribed by law or by the terms crony applicable waranry provided by the Seller nocr the date 0f acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gad by the Purchascr shall not constitum a wailer ofany claim under this warranty. Except as othersxise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony ofthe foregoing wane atics or guarantees, but Such liability shall in no event include loss ofprofits or loss refuse. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition. to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order, If any such change affects the amount due or the time ofperformancc hounder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics is to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prodos an the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no Such adjustment he made in favor of the Seller with respect to any goods which am the Sellers standard stock. No Such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thud• (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 incorwmted in agreements of this character are hereby incorwmmd 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 failure to comply with Such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. many monies due Or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcrwanants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rcsenations, security interest encumbrances and claims ofmhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingncss to comply, the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims crony nature resulting from the perfonwncC ofsuch work. This relca a shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ofr.cc. and employees of such party. The Seller., contractual obligations. including'vrrantyt shall not be dccnted to he reduced, in any way, because such work is performed or caused to be perfomtcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and Save harmless the Purchaser found any and 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 east, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion o1'the mark. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Pureh ewr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or madify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint 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 ofternu used or The interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases 'here the Seller is to perform work hereunder. including the services of Sellers Reprtsentative(s), on the premises of otters. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and hand], came al the site and become responsible therefor as though such materials and/or equipment were being fumishcd by the Seller under the order. 18. INSURANCE. The Seller Shall, at his men expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the lays of the state in which the work is to be done. The Seller shalt also Cary comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m least S300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Scllcr shall famish the Purchaser with a certificate that such condpcnsation and insurance have been provided. Such certificates .shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that .such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby ussames the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons Or property caused by or resulting from the eseemina ofthe 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 the Purchasers officers. agents and employees front and against any and nil claims losses damages, charges Or expenses, whether direct or indirect. and whether to persons or pmNny to which the Purchaser may be put or suhjeet by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any net action, neglect omission or default of the Seller ofany of his contractors or any of its or their officers, agents Or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers men expense, to pay any and all costs, charges, mmncys fees and other expenses, any and ill 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 lien be placed upon or obtained against the property ofthc Pnrchacr, or Said panics in or as a result 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 shall take all safety precautions, furnish and install all guards ncessary for the prevention of ,accidents, comply with all laws and regulations 'ith regard to safety including, but without limitation, the Oecupalional Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 0312010