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HomeMy WebLinkAbout103484 RNR SUPPLY INC - PURCHASE ORDER - 3215030Fort Collins Date: 01/02/2015 Vendor: 103484 RNR SUPPLY INC 2329 E MULBERRY ST FORT COLLINS CO 80524-3646 Delivery Date: 01/02/2015 PURCHASE ORDER PO Number Page . 3215030 1of2 This number must appear on all Invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price Signal Construction Supplies Annual P14 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 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 I. COM.MERCIN DETAILS. Tax exemption. By statute the City of Fart Collins is exempt from slate and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure attire Purchaser to insist upon stnet perfo rmace of the brans and condition lam failure ar delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), comise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of breach the acceptance ofor payment for goods hereunder or approval of rise design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet spenflatiom, eitha when shipped or due to defecs of any of the wnrtanties or obligations of this purchase order and shall act be deemed a waiver of my right of the damage in maniL may be commend to you for credit and are not to be replaced except upon mequ of wro m Purchaser m insist upon strict curl artio , hereofor any of its rights or remedies as to any such good, regardless intructicin from the City of Fon Collin. of wbm shipped, received or accepted, as to my prior or subsequent default hemarder, nor shall any panne d and modificauoa m rescission of Nix purchase order by the Purchaser op.b as a wdspr of any affair mamas Inptawn. GOODS an, subject to de City of Fon Collin inspection on srrival, her.f. Final Acceptance. Receipt of the merchandise, sera n a, equipment in repoe to this order car result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amho anal payment an the pan Of the City of Foe Collins. However, it is m be undersad that FINAL Seller and the Purchma recognire, that in actual economic practice, ovecharges resulting from mnayst u ACCEPTANCE is depend., upon completion of all applicable mr oat initiation procedures. violation are in fact home by the Purchase, Theretofore for good cause and as consideration for executing this purchase order, the Sella hereby assign to the Parrchaser any and all claims it may now have Or hereafter Freight Tams. Shipmenm most c F.O.B., City of Fort Collins, ]oo Wood St, Fort Collins, CO S0522, .less acquired under fderel or sate amount laws for such overcharges ralsting to the particular goods . services othmv w specified on this order. Upermission u given to prepay freight and charge separately, the crigiral freight p.rt d or squird by the Purchaser pursuant to this pun:hase Order. bill moll accompany imoice. Additional charges for Picking will rat be scuprd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman, Disartce. Where mnnfmnu. have duaibudag points inm parts of the country, shipment is If the Pomhsser cirrus the, .m Sella toan nonconforming of defective goods by a date to be agreed upon by the expected firmthe nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indonams its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may ream the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Parma. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all applicable laws, regulation, ordinances and ales of the state, normapaliry, anhory or political subdivision where the work is performed, or required by any other duty contimtd public authority having jurisdiction over the work of veador. Seller fuller agrees to hold the City of Few Collin harmless Boom and again, all liability ad loss incurred by them by reaaon of an stressed Or anumishal violation of my such Laws, regulation, andinames, rates and requicuumm. Authorization. All parties to this contact agree that the o presemtive are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and condition sard herein set Imth and any supplementary or additional moms and condition annexed hereto or incorpmkd herein by reference. Any additional or different knits and codinom proposal by seller are objected to ad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiamly if you annnt make complete shipment to arrive on yam promised delivery dab m noted. Time b of the essence. Delivery and peffoeanantt must be effected within the time sated on hie purchase order and the dowm.o attached harem. No ens of the Purchasers including, without limitation, scceptantt of partial late deloonie, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition a other legal and equitable readies, the option of,swing this order elsewhere and holding the Seller liable for damages. However, the Seller shall no, be liable for damages to a result of delays due to causes not reasonably foreseeable which care beyond its nessonable control and without its fault of negligence, such acts of God, sus o icirit of military authori ie, gcivemmmml Ismailia, finis, strikes, food, epidemics, wars or nose provided that mtice of the wndition caning such delay is given to the Puubaser within five (5) days of the time when the Sella first received knowledge thereof In the town of my such delay, d date of delivery shall be umusur tl for the paid equal to the time aaoally Ira, by reason offbe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performal with the highest degree of care and competence in accordance with werptd strndirms for work of a similar wham. The Sella agrees to hold the purchaser harmless from any loss, damage or expose which the Purchaser may suffr or incur on cannot of the Sell. branch of warranty. The Sella shill replan, ppairor make good, within, cost to Be, purchaser, my defects or faults arising within one (1) Mi or within such longer peril of time n may be presented by law or by the r.n of my Wplicable warranty provided by the Seller after Be date of mceptmtt of the goods famished hereunder Beceptmnce not m be unconsciously delayed), resulting fmm imperfu t or defective work done or materials firmushal by the Seller. Acceptance or me of good by Be Purchaser stall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately used by the breach of any of the fregoing warownes or guarantees, but such liability shall in no event include lass ofpmfits or loss of now. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmrchasa may make changes to legal i ma by wrinen change order 5. CHANGES IN COMMERCLM, TERMS. The Purchaser may make any changes a the know, other Nan legal bars. including additions on or deletions farm the quantities originally ordered in the specifications or drawings, by verbal or written change order If my inch change afiecs the amount due or the time ofperforanance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my titer by written change order, terminate this agreement m to any or all Famous of the goods than or shipped, subject to my agoble adjumn., between the panic as to any work or materials then in progress Provided the, the purchaser shall or he liable far any claims for anticipated pu fts oar the umromplared portion ofthe goads mallow work, for incidental or consequential damages, and that m such djmMmt be made in favor afflict Sella with spat m any goads which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofary.fthei, obligation m,a my good delivered hermnda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmem must be warned within thirty (30) days from the dab the change or lamination k ordered. S. COMPLIANCE WITH LAW. The Seller wamars that all goods sold hereunda shall have been produced, sold delivered and furnished in strict compliance with all applicable laws ad regulation to which the goods are subject. The Sella shall execute and deliver such documents as maybe required to efts or evidence compliance. All laws all regulation required to be incorporated hi agreements of this character art hereby incorporated herein by this rearce. Tice Sella agree to indemnify and hold the Purchaser hammlas from all cans and damages infected by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall amiM tan&c. Or convey this order, Or any rmde due Or to become due hereunder without the ,can wdnm conmt afthe other am. 10. TITLE The Seller warrants Fall, clear and unrestricted title m the Purchases for all equipment, materiels, cal it. fvumhd or performance of this apparent, free and clear of my and all lien, restriction, reservation, security intevol encumbrances and claims ofolher, The Seller shall release the Pumhasa and its contractors of my tier firm all liability and claims of my ware resulting main the permormarce of such work. This release shall apply even in the event of fcult of negligence of the put, mleeud road shall extend in the directors, oRcas and employees of such party. The Sellers continental obligation, including warranty, shall not be darned to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wha arm, the Seller o requited to use any design, device, material or process covered by feriae. No., trademark ce copyright, the Sella shall indemnify rod save harmless the purchaser from any and all claims for infringement by reason of the use of such Formted design, device, material or process m connection with the .rant. and shift indemnify the Purchases for my cost expense or damage which it may be Obligd to pay by reason of such infringement at any time during hie prosecution or afer Be completion of the work. In case said a3uipmmL Or my pan thereof or the intended use of the good, is in such suit held to contimb infringem rid and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nonirdtlnging. 0. INSOLVENCY. If the Sell. shall became insolvent or bankmpt, make an assi,nomer for the benefl of creditors, appoint is Banner or muter, for any of Be Sellers propdy Or bmieass, this order may forthwith be canceled by the Pmmhmer without liability. 16. GOVERNING LAW. The definitions of,erms used or the interpretation ofthe agreement and the rights ofall ponies hereunder shall be concurred under and govemed by the laws of the State of Colorado, USA. The following Additional Condition apply only in taus where the Seller is to perform work hertmder, including the services ofSellm Raprereamtive(s), on the Premise of others. ❑. SELLERS RESPONSIBILITY. The Sellershall any on and work at Sellers awn risk mtil the, snare is illy mmplted road uceprd, and shall, in case of any accident, destruction Or injury to Be work mdror rwterials before Sellers fcal completion and acceptance, complete the work at Sellers own expense and to hie satisfaction of the Functions. When materials and equipment are Emitted by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expeeue, provide for the payment of workes, scmparaticin, including counpstiaoul disease benefits, to its employees employed on m iv connection with the work coverd by this purchase order, anNar to their dependents in ucodance with the laws of the state in which the week is to be done. The Sella shall also carry comprehensive general liability including, but rat limited to, contrauwl and automobile public liability insurance with bodily injury and death limits of in least 5300,000 for any one palm, $500,000 for any one accident and property dage limit pee accident of S400,000. The Sella shall likewise require his cma ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premius of others, the Seller shall fmn¢h the Purchaser with a certificate ,bat such compensation and inu ancc have bren pmvidd. Such pnifiates shall specify the date when such compemafion all romance have been provided. Such.nifcams shall specfy, the date when such cvmpawuon out imnrarwe expire. The Sella ague that such mmpemation all inutmce shall be nommi el wtil after the entire work u completed and moeptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby casource, the entire responibility and liability far any and all damage, loss or injury of any kind r nature whasoever to pawns or property caused by or resulting from the execution ofhe work provided for in this purchase order or in connection herewith. The Sella will indemnify ad hold harmless the Purchaser and any r all of the Pmchmm officers, agents and employees from and against my all it claims, losses, damages, charge or expenses, whether direct Or indirect, and whether to person or property to which the Purchaser may be put or subject by ratan of my set, action, neglect, omission or defaut m But pan of the Sella, my of his tractors, w any of Ore Sellers Or comomsors offic., agents or employees. In ease my suit or other proceedings shall be brought againt the Porchaser, or its oRc., agents or employees at my time on account or by man of my acs, action, neither, omission or default of the Sella of my of his contractors Or my of its or their olio., agents or employees of aforesaid, the Sella hereby agree, to msmne the defense thereof and to defend the some err the Sellers own expose, to pay any end sell toss, charges, merneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Pmehauf 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 abound against the property of fire pachan , or said Won in or as is mod, ofmch suits or other proceedings. the Sella will at ovtt come the some to be dissolved and dischargd by giving bond Or otherwise. The Sella and his contractors shall take all safety precaution, famish and install all guard necessary for the precmtio of accidents, comply with all laws ad regulations with regard in safety including. but without fi antvioq the Occupatiowl Safety and Health Act of 1970 ad all ales and regulation issued p rmarat thereon. Revised 01RDI4