HomeMy WebLinkAbout103989 KELLY SUPPLY CO, THE - PURCHASE ORDER - 9150064 (2)Fort Collins
Date: 0110812015
Vendor: 103989
KELLY SUPPLY CO, THE
2135 E MULBERRY ST
FORT COLLINS CO 80524-3650
un 1 O toEl+ U9 11
PO Number Page
9150064 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 01/07/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Blanket PO for
maintenance supplies
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
20,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
nd Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By simple the City of Fort Collins is exempt f slate and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Ecturra as Certifrcam of Registry 84 6000587 is registered with tM Collator of
Failure of the pm damad to insist upon strict performance of the terms and conditions hence(, failure or delay to
Internal Reedur, Deaver, Colorado (per Colorado Revised Straub 1973, Chapter 39-26, 114 pd)
co mise any lights or ranedirs provided herein or by law, failure w promptly nadry me Sella in the event of a
breach, the acceptance.for payment nationals haetmderor approval ofine design, shall ream relesse the Seller of
Goods Rrjected. GOODS REIECTED due to failure 1. mat specifications, either when shipped or due so def ts of
any of the warranties m obligations of this puwbu order and stall ,a be deemed a waiver of my right of the
damage in tratuit, may be resumed to you for credit and we not to h replaced except upon receipt of writing
purchaser to insist upon strict perficampare hereof or my, of its rights or remedies ss to any such goods, regardless
instructions to.. the Cory of Fort Collins.
of when shipped, rccefved or accepted, in w any prior or subsequent default hcregvda, nor shall any purported
coal madi0retion or rescission of ads purchase order by the Purchaser operate as a waiver of any of the lairs
Inspection. GOODS are subject to the City of Fort Collins inspection on proved.
hereof.
Final Acceptance Racipl of the merchandise, adders or armleaem to response 1. this wild can resell in
12. ASSIG NMENT OF ANTITRUST CLAIMS.
autFnrized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, o erchagd, resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fit Some by the Purchaser. Theretofore for pod cause all in consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tarn. Shipments must be F.O.B., City Of Fort Collins, 701 Wood St., Fort Collins, CO 80522, unless
acquired tinder fedeoal of stare antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, me original freight
purchased or acquired by fie Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be wearded.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Desance. Where manufacturers have des ributing points in various parts of the country, shipment is
If the Pearbaser directs use Seller to carted nonconforming Or defective goods by a date w be agreed upon by the
expected Room fie marar distribution point to destitution, and excess freight will be deducted fear Invoice when
Purehaer and the Sella, and me Seller thereofar indium its imbliry or mwllwguss to imply, the Ppchnscr
shipments me made from Bremer dismnrs,
may cause the work to be performed by the moat expeditious means available in it, and the Seller shall Ray all
costs nasociated with such work.
Peanuts. Seller slWl procure . sellers sole cost ell cerdiday peramis, maniicales and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, berhory or political subdivision where
the work is performed, or required by any Omer duly unstioned public authority having,re diction over the work
of vendor. Seller fuller specs to bold the City of Few Collins harmless from and against all liability and loss
incurred by them by reason of an azsened or established violation of any such laws, regulations, ordinances, roles
and requirements.
The Sella shall release the Purchaser am its contractors of any an from all liability and claims of any metre
resulting from the serf re.f.ch work.
This release shall apply even in the event of fault of negligence of the pony mlessed and shall extend to the
direct.., officers and employees of such pmty.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
oniplele pmheriry to bind said parties, such work is performed or caused to be performed by the Purchaser.
LIMITATION OF "TERMS. This Purchase Order expressly limits acceptance to the terms and conditions said
herein set forth and any supplementary or additional hours and conditions annexed hereto or incorporated herein by
reference. Any additional or direrenrtemes and conditions proposed by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly if you caanm make drade a shipment 1. arrive on your
promised delivery Jade as noted. Time is of me ess.cr. Delivery and performance most be dTected motion the time
sited on the purchase order and the documents attached herew. No =a of the Pucrvsers including, without
limitation, mcrptanec organist lam deliveries, shall assume res a waiver iefmH pmvuion. In the event of any delay,
Me Purchaser shall have, in addition w other legal and equitable remedies, Me option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be Gable 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 Gal, aces ofcieil or miliny mithearhies, lawro mmul prior irs, fires, strikes, fimL epidemics, worn ar
riots provided that notice of the conditions causing such delay is given 1. me Purchaser within fee (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 lime mreally last by Inman afthe delay.
3. WARRANTY.
The Seller warriors that all goods, ankles, mmerial, and wark covered by this order will conform with applicable
drawings, specifcatitim, samples andor other descriptions given, will be fit for the purposes intended, and
perforated with the highest depee of care and competence in accordance with accepted standards for work of a
imilar nature. The Seller agrees to hold the puwhasm, harmless from any loss, damage or expense which the
Purchaser may Offer or incur on account of the Sellers breach of warranty. The Seller drug replace, repair or make
good, without cost o the purcbauq any def cn or faults arising within one (1) year or woman such longer period of
time or may be prescribed by law or by me terms of my applicable w'arranry provided by me Seller after me date of
acceptance of the goods famished hereunder (Occeprmre not to be, unreasonably delayed), resulting from imperfect
or defective work done Or mmmals frmished by me Sella. Acceptance at use of goods by me Pardoner shall not
mvlimra is waiver army claim under this wari Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damage, proximately caused by the breach of any of me foregoing warranties
or gmranlas, but such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal teams by writer change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the temp, other than legal nears, including additions to or deletions Term
tI e dentities originally ordered in me speificatlons or drawings, by verbal or written change Omer. If any such
charge 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, mrninate, this agreement to; in any or all portions of the
goods then not shipped. subject o any equitable ndjustmrm between the parties to, to any work or materials then in
progress provided Maur the Purchver shall not tic liable for any claims for anticiWted profits on me uncompleted
p.nion of the goods andror work, for iodde al or mosequemial damages, and mar an such ndjntment be made in
favor of me Seller with respect to any goods which are me Sellers standard stock. No such termination shall relieve
Me Purchaser or the Seller army of mdr mligmions m to my goods delivered h mmidv,
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) drys from the date me change err operation. is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and (noshed in said
compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and
deliver such documents as may be mluired to dfled 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 harmless room all costs and damages suffered by the Purchaser as a resull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, wavier, or convey this order, or my monies due or to become due heremder without the
prior weltim cement of me other party.
10. TITLE.
The Seller warrants full, clear and umesmi.ed rifle came Purchaser for all equipment, materials, and it. fiunishrd
to performance of Box paxon-L Gee and clear of my all all Hera, resWctions, RSeramam., security interest
a eumb sumaand claims afothers.
14. PATENTS.
Whenever the Seller is required to use any design, device, mamrial or process revered by letter, patent, trademark
or copyright, the Seller shall indemnify and save homeless me Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or protests in intros ice with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by season of such
infringement at any time during fie proaamim or after the completion of the work. In use said equipment, or
any par thereof or the imendN uu of the goals, is in such suit held to covtimre infringement and the use of
said equipment or put is enjoined, me Sella shall. a1 its was expense all at its option, either p.a fro me
Purchaser the right to continue using said equipment or pans, replace the same with subsant ally equal but
noninfringing equipment, or modify it so it becomes monlnldnging.
15. INSOLVENCY.
If the Seller shell become insolvent or bankmpt make an assignment for the Senator of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be
construed under and governed by the laws Of the Slate of Colorado, USA.
The following Additional Conditions apply Only in cases where the Seller is to perform work heaundea
including me services of Sellers Reprewnuivabi), on the premises ofoOers.
17, SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until the some is fully completed and accepted, and shall,
in au of any accident, destruction or injury to the work anther materials before Selles Dust completion oil
mecptarae, complete the weak at Sellers own expense and to me satisfaction of the Portend. When numerous
and equipment are famished by otMrs for installation or eR are by de Seller, the Seller shall render. instead.
time and handle same at me site and become responsible meufor as though such materials mdlor equipment
wrm being fiunish d by the Sell. under the am..
19. INSURANCE.
The Sell= 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 me work covered by mis purchase order,
and/or to their dependents in accordance with me laws of me state in which me work is so be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
omudors, rang, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises traders. the Seller shall famish the Purchaser with a certifcam
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such ecnifica d; shall specify me dare when such compensation
end ivurance expires. The Seller agrees that such compensation and insurance shall be maintained goal after the
entire work is completed said accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the done responsibility, and liability for my and all damage, lass or injury army kind
r mtme whatsoever be persoss or prof ary dosed by or resulting from me variation afair work providN for in
this purchase order or in tvmration herewith. The Sella will indemnify and hold harmless me Pmplower aed my
r all of the Purchasers .fears, agents and employees from and against my and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the part of the Shc., my of his
contractors, or any of me Sellers or communes officers, agents or cmployevs. In case any suit or other
procadings shall be brought against the Purchase, or its officers, agents or employees in my time on account or
by reason of any act action, neglect, omission or default of me Sella of my of his contractors or any of its or
their officers, agents or employees in aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay any and all cows, charges, strornrys fees and other expenses,
any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their after,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against me property of me Forehand, or said parties in or as a result of such suits or other proceedings,
the Seller will at once utue the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his convectors shall take all safety precmtions, famish and install all guard necessary for me prevention of
accidents, comply with all laws and mgulations with regain te safety including, but without limitation, she
Occupational Safety and Health Act of 1970 and all rates and regulations pound parrumt member
Revised 012014