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HomeMy WebLinkAbout102764 J & S CONTRACTORS SUPPLY CO - PURCHASE ORDER - 9144199Fort Collins Date: 07/30/2014 PURCHASE ORDER Vendor: 102764 J & S CONTRACTORS SUPPLY CO 4040 GRAPE STREET DENVER CO 802164512 PO Number Page 9144199 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/23/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 7570-7938 800 EA 13.2500 10,600.00 6' red sign post BULK SIGN POST, 6' U-TYPE FLANGED STEEL, BRIGHT RED POWDER COAT PAINT, 1.12 LBS./FT., MIN. 30 HOLES, 3/8- DIA., DRILLED ON 1- CENTERS FROM TOP, ; Total $10.600.00 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@fogov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tems and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collie is exempt from some and local taxes. Our Exemption Number is I I. NON WAIVER. 9844502. Federal Excise Tax Exemption Crnificam of Registry 844iD00587 is regiaanl with the Collector of Failure of the Puchazer to minor upon inlet mrfommme of this, means and codiOas re ohereof, failure m delay to formal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for gootL hereunder or approval ofthe design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet mpai ficatime, either when shipped ar due to defects of any of the wamntita, or obligmimrs of this purchase order and shall not be deemed a waiver of any tight of the damage in fourth, may be retumd to you far credit and are not to be replaced except upon receipt of written purchaser to insist upon ruin performance hanfor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as b any prior or subsequent default bemunda, nor shall any purposed mat madifranon or rr«rumm of this purchase order by the Purchaser operate u a wawa of., of the tames Irespection. GOODS are subject to the City offered Collins inspection on aoval. hereof. Final Acceptance. Receipt of the merchandise, servee s ar 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 undersusW that FINAL Seller and the Purchaser rmr,ace fleet ittacmd econon is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procalume. violations rare in fact home by the Purchaser.Theremfote, for good cause and as coasldecrom far executing this pmahau aMe,, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments most be F.O.B., City of Fan Collins, you Wood Sr. Fan Collins, CO 90522, unless acquired under fMerd or auto antimut laws for such neercharms relining to the particular goods or services otherwise apaifid on this much. If pamifaion is given m prepay freight and charge separately, the original freight purchased or acquired by the Pumhasa pursuant m this purchase order. bill must accompany imaim. Additional charges for packing will not be accrpteJ. 13. PURCHASERS PERFORMANCEOF SELLERSOBgor Shipment Where manufxmrcrs have n pass of the urifty.from defective by a dateants to be agreed the If the Purchaserantheirem nonconforming or defective goods on byPurchaser thee. mnoas d I voice when from then farest.,addonpone to destination, and excessf fight will bededucted from Invoice when Form dati ation,ng d excess a dSeller la dct indicates w a er Purchaser and the Sella,vdthe Sellaydue mos Indian.its inabilityorunwillingnessd comply, the Purchaser Sella, siipmens are made from greater distance. shipments may cause the to ch by the most expeditious mesas available to it, avd the Sella shall pay all orformN with rosts azsmimed cairn such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses rquind by all applicable laws, regulations, ordinances and odes of the stale, municipality, action, or political subdivision where the work is performed, or required by any other duly cons tamed public authority having jurisdiction over the work of vend., Sella harder agrees 1. hold the City of End Collins harmless from and against offiability and lass vcuvcd by Them by reason I. jeco nal or established vinlatiun of any such ho s, anabolism. ore irencros, rules and requirements_ Andurnsmion. All parties to this counsel agree that the namsenmlives are, in feet, buns Ode and possess full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance m the it. and conditions stated herein set foal and any supplementary or additional temts and condltloas annexed hereto or incorporated herein by reference. Any ddomead or different terms and conditions proposed by seller on, objected m anal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING ADEN Iimmediately ifyou cannot make complete shipment to move on your promised delivery date as noted Time is of the essence. Delivery, and performance must be elleoed within the time stated on the purchase order and the documents atmched hereto. No area of the Purchasers including, without Ilmimoion, mmprance, of partial late delosaries, shall road, as er wawa of this precision In the event ofany delay, the Purchaser shall have, in addition to other legal =it equitable remdies, the option adducing this order elsewhere and holding the Seller liable for damages However, the Sella shall nor be liable far 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 of civil or military authorities, govemmental priorities, tires, strikes, (load, epidemics, wzue or riots provided that notice of the conditions causing such delay is given to the Pumltazer within five (5) days of the time when the Sella first received Enowledgr driest In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warants that all goods, articles. materials and work covered by this Order will conform wile applicable rummage, specifications, samples and/or other descriptions given, will he fit for the uniformms intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar =on. The Setter agrees to hold the purchaser harmless f any loss, damage or expense which the Purehuer may suffer or incur on account ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defers 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 any applicable warranty provided by the Seller after the date of acceptance of the goods frmishd hereunder (acceptance not to be unreasonably delayed, Mulling from imperfect or deice ive work done or materials famished by the Stile, Ameptame or use of goads by the Puahaer shall not commum a waive, ofany claim avda this warranty. Except az otherwise provided in this Purchase order, rbe Seller liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wadrmti. or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes an legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make .try changes to the remrc, other rater hn 1e6n1 terns, inruad ditions dditionn s to r dela.ro from Use 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 of performance hereunder, an quimble alienating 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 gods then not shipped, subject to any equitable adjustment between the parties as to any work or mmedals then in progress provided that the Pumhawr shall not be liable lot any claims for anticipated profits on the uncompleted pnsion of the goods adfor work, for incidental or consequential damages, and that no such adjastment be made in favor of the Sella with aspect to any goods which are the Sellers s andard stock. No such mnnination shall relieve the Purchaser or the Sella of any oftbeir obligmions az to any good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. ' Any claim for adjustment must be asserted within thirty (30) days Gem the date the change or teemiration is .Maned. 8. COMPLIANCE WITH LAW. The Sella a amance Out all goods sold hereunder shall have been produced, sold, delivered and famished 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 m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase, hand. from all ongs and damages sulTeml by the Purchaser as a ..It of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wnnea consent of the other party. 10. TITLE. The Sella warrants full, clew and rambed title m the Purchaser for all equipment, materials, and items famished in performance of this agreemend, face and clear of my and all lieu, resvictions. teservatioas, security barred d encumbrances and claims ofothers. The Seller shall release the Purchaser and its ardo ors of any tier front all liability and claims of any nature resulting I'mm the pert nuance 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, ofic. and employees fsuch party. The Seller's contractual obligations, including wavanry, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required m use any design, device, material or purees ,.arced by Jena, patens, trademark or copyright. the Seller shall indemnify end save heartless the Purchaser from any rural all claims far infringement by reamn of the use of such patented design, device, material or process in connection with the contract, and shall iademamity the Fairbury, for any cost, expense or damage which it may be obliged to pay by reason of inch infringement at any time during the persecution or after the completion of the work. In caw wind equipment, or My pan thereof or the intended use of the goods, is in such suit held m constitute inGngemeN and the use of said equipment or pull is enjoined, the Seller shall, at its own expertise, and of its options either procure fin the Purchaser the right to continue using said equipment or pas, replace the came with substantially quad but noninGnging equipment. or modify it sa it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or baral mp, male an assignment for the benefit of cmdimrs, appoint a maiver or truster for any of the Sellers property or business, this order may forthwith be canceled by this, Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofell ponies hereunder shall be eonstmed under and governed by the laws ofthe Slide ofColomdo; USA. The following AdlOmml Conditions apply only in cues where the Seller is as perform wink hereu a er, including lie services of Sellers Repre ereado e(s), on the ptemises of mlien, 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully complad and accepted, and shall, in ruse of any acciden. destruction or injury m the work and/or materials before Sellers final completion mad acceptance, complete the woh at Sellers own .pease and m the satisfaction of flee Purchaza. Whet materialb and equipment me famished by orders far installation or erection by the Sella, the Seller shall receive, unload. sere and handle same at the site and become responsible therefor as though such materials and/or quipmmt were being famished by the Sella under the order. IS. INSURANCE. The Sella shall, at his own expatw, provide for the payment of workers compensation, including occupational disease beneis, be is employees employed oa or in eoMadi.n with the work ,an by this purchase order, a dfor to their dependence in accordance wish the laws of the slide an which the work is to he done. The Sella shall ale cart, comprehensive union liubili, including, but not limited to, comment al and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one peon, $500,000 for any One ccidem and praised, damage limit err accident of 5400,000. The SeIIer shall likewise require his ronracoms if any, to provide for such coin icanum n and insurance. Before any of the Seller or his contractors employees sMll do any work upon the prams. i f others, the Sella shall famish the Purchaser with is conficam that such compensation and insurance have been providd. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dart when such compersation and insurance expires. T he Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed wind mcepd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumies the retire responsibility and liability for any and all damage, loss or injury ofany kind or nature whosoever to persons or pmperty caused by or resulting from the execution 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 ains officers, agents and employees from and summit my and all claims, losses, damages, clothes or exmmes, imam, direct or indirect, and whether m Famous or property. whim the Pwchasee may be put Or subject by eamn of any act, action, neglect, omission or default as the part of Ne Sella, any of his contractors, or any of the Seller or amenectors officers, agents in employes. fo case any suit or other prmeedinga shall be brought against the Purchaser, or its affairs, agent, or employees al any time on account err by reamn 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 Seller hereby agrees to assume the deny, thereof and to defend the come at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other experiences, any and all judgments that army be incuned by or obtained aghast use Purchaser or any of its or that affairs, agents or employees in such suits or other proceedings, ad in case judgment Or other lien be placed upon of obtained against the property of the Purchaser, or said parties in Or as a result ofsuch suits or other proceedings, the Seller will at once cause the sane to be dissolvd and dischergd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary far the presantion of accidents, comply with all laws pact regulations with regard to safety including, but without limitation, Ore Occuptiopl Safety and Health Act of 1970 and all rules nd regulmeas issued ptusuanl theta.. Revised 07nO14