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HomeMy WebLinkAbout107292 KENZ & LESLIE DISTRIBUTING CO - PURCHASE ORDER - 9120086PURCHASE ORDER PO Number Page City of9120086 , of z `t Chis number must appear Collins�7 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 107292 Ship To: FLEET SERVICES - MAIN SHOP KENZ & LESLIE DISTRIBUTING CO CITY OF FORT COLLINS ACCOUNT 415925 835 WOOD ST PO BOX 1066 FORT COLLINS Colorado 80521 ARVADA Colorado 80001-1066 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 5,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Sublet - Wood St. 1 LOT LS 200.00 3 Sublet - Streets 1 LOT LS 750.00 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 $5,950.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-04502. Federal Excise Tax Exemption Cenifiente of Registry 94-6000557 is registemd with the Collector M Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stables 1973. Chapter 39--26. 114 In). exercise any rights 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 ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wnmnties 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 you for credit and am not to he replaced except upon receipt Of written purchaser In insist upon strict performance hmofor any of its rights or remedies as to any such goods, regardless instruction, from the City of Fort Collins. of when sh i Mcd. received or accepted, as to any prior or subsequent default Intact n ter, nor shall any purported oral midi fication or rescission of this purchase aide, by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Port Collins inspection on arrival. herad. 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 pan 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 required inspection procedures, violalinns arc in fact brunt 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 70d Wood St.. Fort Collins, CO 90522, unless acquirer] under federal or state antitrust Imes for such overcharges relating to the pnnicular goods or services othem ise specified on this Order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective gods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcren0er indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cost associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and toles of the state, municipality, territory 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 hornless from and against all liability and lots incurred by them by ransom of an asserted or esublished violation of any such laws, regulations, ordinances toles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, how fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tempts and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or ditfcmnt icons and conditions proposed by'seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Dclivm and perfomance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of Partial late deliveries, shall operate as a wwiver of this provision. In the event of any delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence. such acts of God, acts of civil or military authorities. govcontractual priorities, fires, strikes, flood, epidem ia, wars or riots provided that notice of the conditions causing such delay is given to the Patch., within five (5) days of the time when the Seller first received knowledge thereof. In the event of any 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 gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlcm from any loss, damage or expense which the Purchaser may suffer Or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cos, to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be pmseribcd by Inv or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or matenals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, 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 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 additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, 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 ,he panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which arc the Scllcrs 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 thirty (30) days fmm the date the change or termination is indicted. A. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. mid, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler 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 hamalcss from all costs and damages suffered by the Purchaser as a result of the Seller faihuc to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mnsfrt. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restriction, reservations, security interest encumbrances and claims ofothers. The Seiler shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of ,he party released and shall extend to the directors. Officers and employees ofmch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any may. because such work is performed or caused to be performed by the Purchascr. 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 humles the Purchascr from any and all claims fro infringement by reason of the use of such patented design, device material Or pmcess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmseeution or after the completion of the work. 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 said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify 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 oftcros used Or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constntcd under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Repmsentative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any necident. destruction or injury to the work and/or matcria is before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials and equipment are fiunished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle some at the site and become responsible therefor as though such materials and/or equipment wcrc being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of arorkcrs 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 Inca 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 insumnee with bodily injury and Bath limits of at least Slm,am for any one person, S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, In provide for such compensation and insurance. Before any of the Sdkrs or his contractors employees .shall do any work upon the premises of others, the Seller shall famish the Purchascr with a certifiestc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance nave been provided. Such eenif..tes shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Seller hereby assumes the entire responsibility and liability for nay and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify mid hold harmless the Purchascr, and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damagcs. charges or cxpcnscs, 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 default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other poweedings shall be braught against the Purchascr, or its oRcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid. the Seiler hereby agrees to assume the defense thereof and to defend the since at the Sellers own expense, to pay any and all costs, charges, anomevs fees and other cxpcnscs, any and all judgments that may be incurred by or obtained against the Purchascr 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 of the Purchascr, or said panics in or as a result of such suits or other proceedings. the Seller will a, once cause the same to be dissolved sad discharged by giving bond or otherwise. The Seller and his contractors shall take all mfcy precautions, famish and install all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, but without limitation, the Occupmin ial Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010