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HomeMy WebLinkAbout103989 KELLY SUPPLY CO - PURCHASE ORDER - 9140474 (2)of Fort Collins Date: 10/17/2014 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: 10/16/2014 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 9 Addendum to add addtl funds per requisition 48303 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 5,000.00 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 1. COMMERCIALDETARS. Tax exemptions. By warute the City of Pon Collins is exempt from stare and load uses. Our Exemption Number is 11. NON WAIVER. 98-04502. Fedm1 Excise Tax Exemption QNGc re of Registry 84L000589 is registered] with the Collator of Failure of me Purchaser to insist ,an said firs— of the terms and coditions hawL failure or delay On Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or mnedies pasided herein or bylaw. failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofe design, shall not release the Sella of Gad Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defects of any of the warranties Or obligations of this pumhou order and shall not be deemed a waiver of any right of the damage in tmrait, may be raumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict afwom omhereof or any of its tights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as many prior or sobsequal default hereunder, nor shall any purported oral modification or rescission of this purduse order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on naval. hereof. Final Acceptance. Receipt of the merchandise. smite, or tyulprient in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhatiral payment an the pan of the City of Fon Collis. However, it is to be understood that FINAL Sella and the Purchaser rerogdxe that in actual economic practice. overcharges resulting Gam antionat ACCEPTANCE is dependent upon completion ofall applicable rrymdred inspection piacedures. violations are in fact Force by the Purchase, Theretofore, for good cans, and as considermion for exeating this pureF+ae order, the Sella hereby assigns to the Purchaser Pay and all claims it may now have or hereafter Freight Teens. Shipments most be F.O.B., City of Pon Colluo, 700 Wood St.. Fort Collins, CO 80522, unless otherwise npaified on this order. Upermission is given to prepay freight Paid charge sepvately, for mi6iml freight bill most accompany owner. Additional charges for packing will not the wttpted. Shipment Distance. Where manufacturers have disci ruing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted tram Invoice when shipments are made from greater distance. Pamib. Seller shall procure at sellers sole cast all necessary permits, cenificates and license required by all applicable laws, regulation, midinunces and Pules afore state, municipality, territory ter political subdivision where the work is performed, or required by any other duly constituted public authority havingjunsdiction over the work of sailor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason arm assured or established violation of any such laws, regulations, whin noes, ales and rauirements. Amhoriration. All parties to this contract agree that the repreunmtives art, in fact hang fide and possess full and complete authnriry to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein sec Form and any supplementary or additional terms and conditions annexed hereto or incorpamted herein by reference. Any additional ar diftermt tams and conditions proposed by seller am 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 m noon. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limimtion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and ryuiable remedies, the option of placing $is order elsewhere and holding me Serer Fable for damages. H...a, the Sena shall rat be liable for damages ss a resort of decoys due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofrcgligeace, such acts of God, acts ofrivil or Pri ary authorities, governmental priomiea Gres, strikes, flood, epide r a. wars or Puts provided then warce of the conditions wining such delay is given m the Purchase, within five (5) days of the time when the Seller first received knowledge thnaf In the event of any such delay, the date of delivery shall be extended far me period afoot to the rime acNdly lost by reason Of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conforn 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 Sella agrees to hold the purchaser hamdess from any loss, damage or expense which the Pureheser may suffer m incur on account of the Sellers breach of warranty. The Seller shall replace, repair a make gaol, without cost to the purchaser, any defects or finals arising within one (1) year or within such longer period of time as may he prescribed by law or by the it. of any applicable wmmnry provided by she Seller after me date of acceptance of the good famished Foreword" (acceptance not to be unreasonably delayed), resulting from imperfat or defective work done or materials famished by the Sella. Acceptance or use of goads by the Pmcbaser shill rat constitute a waiver of any claim Eder this wmeanry. Except as otherwise provided in this purchase order, me Sellers liability herecr da shall extend to all damages proximately roused by the breach of my of the foregoing warranties or gumantas, 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 rams by wrinen charge other. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teas, other than legal teens, including additions to or deletions from the gwmities originally ordered in the specifications or drawings, by verbal or written change order. If soy such change affects the amount due or the time ofpnfommnce hmunder. on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may or any time by written change order, mmdnam Nis agreemcm ns o any or all pastions of the goods men not shipped, subject to any equitable ndjsonmr between the putties as m any work or materials then in progress pmvided ram the Purchaser shall not be liable for any claims for anticipated profits on me uncompleted ponion of me goods anNor work, for incidental or consequential damages, and that no such adjustment be made in favor of me Seller with respect to any good which ere me Sellers standard stock. No such ordination shall relive me Purchaser or me Seller of any of their obligations m to any goods delivered herander. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which me goad are subject. The Sella shall execute and deliver such documms as may be Pertained to effect or evidence compliance. All laws and regulations required to be incoryorated in agrcemmts of this chamdn art hereby incorymated herein by this reference, The Sella agues to indemnify and hold the Purchaser harmless from all costs and damages sunned by the Purchaser m a Paint of me St failure to amply with inch law. 9. ASSIGNMENT. Neither pmry shall assign, vaster, or convey this order, or my monies due or to become due firmanda wihout the prior written consent afore other party. 10. TITLE. The Sella wantons full, clear and unrestricted title on elm Purchaser for all equipment, materials, and items fumished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofomers. acquired under Extend or state antitrust laws for such overcharges relying tome particular goods or services purchased or acquired by toe Purchaser pursuant to this purchase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to comet nonconforming or defective goods by a dam to be agrtN upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness no comply, the Purchases may cause the work to be performed by the most expedition means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any vamrc resulling from the pe famance fsuch work. This release shall apply even in the event of fault of negligence of the pasty released and soap extend to me directors, officers and employee, ofsuch parry. The Sellers contactual obligations. including warranty, shall not be deaned to be reduced, in any way, because such work is pert ed or caused W b Performed by me Purchases. 14. PATENTS. Whenever the Seller is requirW to use any design, device, material or process cove al by letter, patent trademark or copyright, the Seller shill indemnify and save harmless the Purchaser from any and all claims for infringement by rc of the use of such patented design, device, material or process in connection with the contract, and shall Indemnify the Pumbasser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the priseoation or after me completion of the work. In case said equipmmL or any pan thereof or me intended use of the goods, is in such suit held w constitute infringement and the me of said equipment or pan is faired, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replay the same with substantially equal but naninMnging auipment, or modify it so it bonniest noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for me benefit of ac hums, appoint as Paeiver or trunee fen any of me Sellers property m business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitio w of terms teed or the interpretation ofe agreement and the rights of all parties heremder shall be consumed under and governed by the laws of the State ofColooda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hmwda. including me services of Sellers Repmsentative(s), on the premises ofomers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mill the same is Polly compMed and accepted, and shall, in ase of any accident, destruction or injury to the work w ll materials before Sellers f 1 complaints and acceptance, complete the work at Sellers own expense and P. me satisfaction of the purchase. When mmenals and equipment are burnished by others for installation or nation by the Sella, me Sella shall receive, uhiond, .tort and handle same at the site anal become responsible mmfor m though such materials andor equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occuparioml disease benefits, to its employees employed on or in connection with the work covered by this purchase ardor and/or to their dependents in acoalsom with the I.. of me seam in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits Of ee least S3W,W0 for any one Pasco, S5dffwm for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rtquire his o actma. if any, Po provoke for such compensatian and wromor. e. Before any of den Sellers a his arm. employees shall do any work upon the premises of aides, the Sella shall furnish the Purchaser with a cerofcate, dust such eomperromon and iancence have been provided. Such ca ifirmn mail spesify the date when such compeemion and Pearson, have been provided. Such certificates shall mean he date when such compensation and insurance expires. The Sella agrees mar such campereation wad insurance shall be maintained until after me aria work is amplaM and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 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 me execution Of the work pmvided For in this purchase order or in connection herewith. The Sella will indemnify and hold hamlesa me Purchma and any or all of the Purchasers oRcers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or Winter. and whether to pa ars at property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of me Sella, any of his contactors, or any of the Sellers or contimmifi oRcers, agents of employees. In now any suit or other rou proceedings shall be brought against the Purchaser, or its affairs, agents or employees at any rime on mamr or by moron of any act, war , neglecs, omission a &fuel, of me Sella of any of his ..tartars or any of its or mein ofree., agents or employers as aforesaid, the Sella hereby agrees to assume the def ineraf and to defend the same at the Sellers own expense, to pay any and all casts, changes, samosa s fees and other expenses, any and all judgmas that may be incurred by at obtained against me Purchaser or any of its or char officers, agents or employers in such suits or other proceedings, and in case judgment or other lies be placed upon or obtained against the property of me Purchaser, or said parties in or m a result of such suits or other proceedings, the Seiler will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and imull all guard necessary for me prevention of accidents, comply with all laws and regulations with mga,d to secaty including, but wihour limimtion, the Occupational Safety and Health Act of 1990 and all ales and regulation issued pursunnt thereto. Revised 07R014