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HomeMy WebLinkAbout103989 THE KELLY SUPPLY CO - PURCHASE ORDER - 9140474Fort Collins Date: 04/17/2014 Vendor: 103989 KELLY SUPPLY CO, THE 2135 E MULBERRY ST FORT COLLINS CO 80524-3650 PURCHASE ORDER PO Number Page 9140474 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 01/16/2014 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 Extended Ordered Price 2 Credit 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 -38.05 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 L COMMERCIALDEfAI1S. Tax amorphous. By worm the City of Fort Collins is exempt fmm scale and local taxes. Our Exemption Number is I1. NONWAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is illustad with the Collector of Failure of the Purchaser to insist upon strict perfommnce of Nc icons aM conditions harmf, failure ar delay to line=[ Revenue. Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapin 39-26, 114 (a). exercise any rights or remedies Provided herein or by law, faihue to pmrtmny notify the Seller in the event of a breach, fire acceptance for yymect for goad hereunder or appmsal offt design, shall not ml. the Seller of Good Reja+d. GOODS REJECTED due to failure to meet speci6catinm, either what shipped or due to defers of my of the wrenches or obligations of this purchase order and shall rim be deemed a waiver of any right of the damage in brood, may be rnumnt to you for credit end are not to he replaced except upon receipt of written purchaser to insist upon strict performance hernef or my of irs rights or rernedies as to any such goods, regardless insitur ions from the City of Fort Collins. mf whm shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purebmn operate as a waiver of any of the terms Inspection. GOODS are subject m the City of Too Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response Ion this order can r eta it in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of run Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual aromatic practice, overcharges resulting from antitrust ACCEPTANCE is dependent up on completion ofall applicable required inspection procedams. violations ate in fact bore by the Purchaser. Theretofore, for good cause and as comidemtion for executing this random order, the Seller hereby assigns to the Purchaser my and all claims it may now bare or broader Freight Terms. Shipments most be F.O.B., City of Fun Collins, VW Wood Sr, Fort Collins. CO 80533, unless acquired under federal or state antitrust I. for such overcharges relating to the panimlar gams or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or ars, idol by the Pordvaer purmanuo this purchase order. hill must arenmvnv mvmce_ Additional chorea for makine will not be averaged. Shipment Distance. Where manufacturers have distributing points in various From of the coumry, shipment is expected fmm the nwrest distribution point to destiwtion, and execs freight will W deducted from Invoice when shipments are 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 doles 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. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or esmblishd virlslion of any such laws, regulations, ordinances, tales and requicments. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complere authority to bird said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any sopplernemsry or additional an. and conditions annexed hereon or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are abjead to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiately tryout wand make complete shipment to arrive on your promised delivery dam as noted Time is of the ererce. Delivery rid performance must be effected within the time ,rated on the purchase order and the documents mtxhd hereto. No acts of the Purchaer including, milmon limimim, mceplance ofpnisl late deliveries, shall operate as a waiver of this precision In the ram of any delay, the Pumhmer stall have, in addition to other legal ond equitable readies, the option opriming this order elsewhere and holding the Seller liable for damages. However, the Seller shall tit be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gavemmenml priorities, fires, strikes, Bond, epidemics, wars or rlmts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the evens of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason oflhe delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, spaifications, samples and/or other deuriptioca given, will be fit for the purposes intended, snd performed with the highest degree of care and competence in accordance with arm,and standard for work of a similar nature. The Sella agrees to hold the purchaser hamlcas fmm any loss, damage or expene which the Purchaser may guff or hour on account of the Sellers branch of watrenty. The Seller shall replan, repair or make good, without cost to the purchase, my dcfas 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 my applicable warrmry pmvidd by the Seller after One date of acceptance of the good furnished hereunder (acceptance nor to b, tweasombly delayed), resulting from imperial Or defective work done or mmenals fwnished by the Seller. A.ptane m use of goods by the Purchaser shall nl anstitum a waiver of any claim under this wartanry. Except as otherwise provided in this purchax order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or gas of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes to legal tarty by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchater may make my changes to the temu, other than legal gems, including additiom m or deletion, firm the quntifrs originally ordered m the specific atimns a drawings, by verbal or women change order. If any such change aRecs the amount due or the time ofperformance hereunder, an equitable rdjnstment shall be made. &TERMINATIONS - The Purchaser may in my time by written change older, tennicam Nis agreement as to any or all poniom of the goods then Out shipped, subjem to my equitable Aterment berwenr, m Ixamia w to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the m omplad portion of the grands anNor work, fin incidental or consequential damages, and that an such adjustment be made in furor of the Sella with rmpaa an my good which care the Seller standard stalk. NO such termin om. shall relieve the Purchaser or the Seller army oftheir obligations as to my goods delivered havander. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) days from the done the change or tenaimdOn is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and famished in emict compliance with all applicable laws and regulations in which the goods are subject. The Seller shall emmm and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorpommd in agreements of this character are hereby incoryorated herein by this reference. The Sella agrees to indemnify aced hold the Purchaser harmless fmm all costs rid damages suffered by the Purchaser as a result of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign nosier, or convey this Order, or any monies due or m become due bemunder without the prior written consent ofthe mtherlarry. 10. TITLE. The Seller warrants bill, clear and unrestricted title to the Purchaser for all equipment materials, and items f rmishrd in pefommnce of this ii ma al, free and clear of any and all liens, mamil an reservations, security late—' encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pmcbeser directs the Seller to correct nonconforming or def Live goods by a dam to be agreed upon by the Perform hall the Sella, and thr, Sella themafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Sella shall pay all cads wsaimai with such work. The Seller shall release me Purchaser and its contractors of any tier 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 party released and shall extend to the directors, officers and employees cf such party. The Seller's contractual obligations, including warranty, shall not be dremed to be reduced, in any way, because such work is performed or caused to be perfnned by the Purchaser. 14. PATENTS. Wheneva the Sella is required tome my design, device, material or process coverd by letter, paler, trademark or copyright the Sella shall indemnify and save Famdess the Purchase from my and all claims for infringement by rmeoa of the use of such Wtentd design, device, material or process in connection with the contract and shall indemnify the Punchssn for any cost expense Or change which a maybe obliged to pay by reason of such inGngemmI or ny line during the ptosamim or ofla the completion of the work. In case said ryuipmmt. or eery pn thereof or the intended the of the goods, is in such suit held to vocational infringement and the use of said isuipment or pan is enjoined, the Sella shall, at is own expense and at its option, either procure for the Purchaser the right so continue wing said equipment or Farts, replace the some with substantially equal but mounfringmg equipment, or modify it to it becomes nonmfn'nging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpl, make an assignment for the bereft of creditors, appoint a receiver or bustee for y of the Sellers property or business, this order may forthwith be canceled by the Purchaseran 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 summand under and govemd by the laws athe State of Colorado, USA. The following Additional Conditions apply only in exam where the Seller is to perform mark heremder, including the services OfSellm Re meamou ve(s), on the pmnimcs of Others. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work in Sellers own risk met the same is fully completed and accepted, and shall, in rase of any accident, destruction or injury to the walk author materials before Sellers full complain and aaepunn, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When marmots and equipment are famished by others for installation or erection by Be Sella, the Sella shall receive, railroad,store and handle same a the site and became responsible therefor w though such materials and/or equipment were being mnrishe l by the Seller coda the oMe,. 18. INSURANCE, The Sella shall, at his own 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, anWor to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller shall also any comprehensive gergral liability including, but not limited to, contmetml and automobile public liability insurance with bodily injury and clam limits of at least 5300,00 for any one person, s500,00(dI for my one accident and property damage limit per accident of S400,000. The Sella shall likewise «quire his cmtrwtous, if my, to provide fat such compensation and insumnw. Before my of the Sclless or his catrecmrs employees shall da my work upon the premises of others, the Sella shill branch the Purchaser with a certificate that such compensation and insurance lave ban provided. Such certificates shall specify the dare when such rczhr action and insurance have been Provided. Such nrtificales shall specify the date when such compensation grad iwurmce expires. The Sella agrees tat such compere tiro snit immune shall be maintained and after the entire work is completed and sec morel. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofmy kind or nature whatsrever 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, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property In which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, my of his contractors, Or any of the Sellers or contractors ofTcns, agents or employees. In case any suit or other proceedings shall be brought agoimnhe Purchase, or its oflicm, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Sella of any of his contractors or my of its or their oRcan, agents or employees a aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sell. own expense, m pay my and all cams, charger, mtomeys fees and Other expenses, my hod all judgments that maybe incurred by a obtained almost the Purchaser or my of its or thew ofticm, agents or employees in such suits or other proceedings, and ir caw judgment or other lim be placed upon or obmiad against the property of the Purchaser, or said parries in or m a result of such suits Or other procedings, the Sella will at once cause the same to be dissolved and disebat al by giving brad or otherwise. The Sella and his contractors shall take all safety precaution fuMsh and install all guards necessary for the prevention of accidents, comply with all laws and m,.ahmm with regard to safety including, but without [indication, the Oaupofioal Safety and Health Act of 1970 rid all rules and regulations issued pursuant thererm. Revised 030010