HomeMy WebLinkAbout102649 ROTO-ROOTER DRAIN & SEPTIC SERVICE - PURCHASE ORDER - 9150249PO
PURCHASE ORDER 915024er Page
C117/ of PURCHASE
50249 ' of 2
`t Collins( Thisnumber must appear
V " J on all invoices, packing
sli s and labels.
Date: 01/13/2015
Vendor: 102649
ROTO-ROOTER DRAIN & SEPTIC SERVICE
637 N HIGHWAY 287
FORT COLLINS CO 80524
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01113/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Blanket Order
Misc. Labor/Materials
cover the cost of miscellaneous labor/materials
for fiscal year 2015. All deliveries shall be made
upon request of City Facilities department only.
All completed services must be accompanied by
an invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
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
1 LOT LS
17,000.00
Total
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. COMMERCIAL DETAILS.
Tax exemptions. By statute The City of Fort Collins a exempt from suite and local loxes. Our Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenificne of Registry, 84-61100587 is registered with the Collision. of
Failure of Nis Purchaser to insist upon strict performance arrive terms and forditiom hereof, failure or delay to
Imemal Revenue, Denver, Colorado (Ref. Colombo Revised Species 1973, Chapter 39-26, 114 (a).
axan ise y rights or remedics provided be¢in or by law, failure la promptly notify the Seller in the event of a
bremh, the acceptau , of., fietyrobso, for goods hamadaor epp—I i fTbe desigq shall not release the Seller of
Good Rejected. GOODS REJECTED due To failure to meet sperifivism., either when shipped or due to defects of
my of the associates or obligations of this purchase order and shall Tax W decreed a waiver of my right of the
damage in ransit may be rammed to you for rubt and are Out to be replaced except upon receipt of women
purchaser to uuer upon strict performance hereofor my of its rights of temMies as m my such goods, regainless
instructions from the City of Fort Collins.
of when shipped, raeived or acepted, ss to any prior or subsequent default hereunder, nm that my purponed
and modification or rescission of this purchase order by The Pumhasa operate as a waiver army of the terms
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to This order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authodaed payment on the pat of the City of Fort Collins. However, it is to he understood That FINAL
Seller and The Purchattr raognitt that in rated economic practice, overcharges resulting fibreantitrust
is dependent upon completion of all applicable required inspation procedures.
violations are ht fact home by the Purchase, TherttoforefaBut muse and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be ROB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under Solent or state contrast laws far such overcharges relating To The particular good or services
otherwise spaifed on this order. Ifprnnission is given to prepay freight and charge separately, the original freight
purchased ar acquired by the Pinch., purs.nt u, this purchase bodes.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Whcrt bmufnumers have distributing points in various pans of the eonmry, shipment is
Ifthe Purchaser directs the Seller to correct mnconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments ere made from greater distance,
may cause the work to be performed by the most expeditious means available to it, and the Seller shall Pay all
costs assaiated with such work.
Permits. Seller shall praure at sellers sale cost all necessary permits, cenifcares and tier. nquiral by all
applicable laws, regulations, ord arena. and roles argue suite, municipality, territory or political subdivision where
the work is performed, or requital by any other duly constituted public authority havingjoiss inion over the work
of vendor. Seller further agrees To hold the City of Too Collins harmless from and against all liability and loss
trimmed by them by reason of m acsened or established violation of any such laws, regulations, mo iruinces, rules
and requirements.
Auffina u irb All panic to this contract agree that the repreciamives ore, in fact, boar fide and possess full and
..plan, authoriry, to bind said panto.
LIMITATION OF TERMS. This Purchase Order expressly limits acecpTmce to Tha terns and conditions stated
herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additions! or different tams and conditions proposed by seller an, objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT i nmmediamly ifyou a... make complete shipmem to arrive on your
promised delivery date as acted. Time is of the cssence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attachd hereto. No efts of the Purchasers including, without
limitation, acceptance erratical late deliveries, shall opemte as a waiver ofthis provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
die to causes not reasonably 16resaable which are beyond its reaonable control and without its fault of negligence,
such aim of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or
,,.is provided that notice of the aceadili ce, causing such delay is given to the Purchaser within five (5) Joys of the
time when the Seller first received knowledge thereof. In the event army such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller.. —art that all good, articles, materials and work covered by this order will ...farm with applicable
drawings, specifications, samples Torpor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence To accordance with accepted ab dad for work of a
similar .tore. The Seller agrees To hold the purchaser hamless from my loss, damage or expense which The
Puchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair in make
good, original cast to the purchasm any defects or faults arising within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms army applicable warranty provided by the Seller after the dare of
acceptance of the goads famished hereunder (acceptance not To Ire tuuuw.bly delayed), resulting from imperial
or defettive work dos or materials famished by The Seller. Acceptance or use of good by the Purchaser shall not
matictc a waiver army claim coda this warranty. Except as otherwise provided in This purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the branch of my of the foregoing warranties
or formal. , he such liability shall in ao event include loss of profits Or loss of user NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser buy make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puahaser may make any changes to the terms, other than legal terms, including additions se or deletions firm
,he 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 equitable adjustment shall be made.
6. TERMINATIONS.
'I he Purchaser may many time by written change order, terminate this agreement as In any or all portions of the
goods then not shipped, subject o my equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
,onion of the goods ondlon, work, fir incidental or consequential dmages, and that no such ndjunment be made in
favor of the Seiler with respect to any good which ea the Sellers standard stock. No such termination shall relieve
the Puchaer or the Sella of my of Than obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim fw adjustment m.. be asserted within thirty (30) de, firm the date the change or temrination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waadnts but all goods sold hereunder shall have been produced, sold delivered and famished in stria
compliance with ell applicable laws and regulations to which the goods art subject. The Seller shall execme and
deliver such documents as may be required to effect in evidence compliance. All laws and regulations squired to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Puahaa harmless from all costs and damages suffered by the Purchaser as a mutt of The
Sellers failure to 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 ".an reform.fthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and imms famished
n performance of this agreement, free and clear of any and all lies, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of any nature
resulting from the performance ofsuch work.
This reicse &hull apply even in the event of fault of negligence of The parry re1asN and shall extend to the
directors, olfcers and employees of such parry.
The Sellers contractual obligations, including warranty, shall but be dared of be reduced, in any way, because
such work is performed or caused to be performed by rbe Purchaser.
14. PATENTS.
Whenever t1a Seller is squired to use my dcsigo, device, malmal or process covered by letter, Indent. trademark
Or copyright, the Seller shall indemnity and rave h mblax the Purchaser form any and all clams for in ncipbr ism
by reason of The use of such parented deign, device, material a pmax in commotion with the content and
shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by teumn of such
infringement err my time during the prosecution or after The completion of The wank. In case said equipment, or
any pan tbermf or the intended use of the goad, is in such suit held to co.timte infdngement and the use of
said equipment or pan is enjoined, the Seller shall, of its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace Ore same with snbxtanaially equal but
noninfringing equipment, 0, modify it an it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or Trustee for any of the Sellers property or business, this order may forthwith be canceled by the
purchaser without liability.
16. GOVERNING LAW.
The definition aftams used or the brerymmtim of the agreement and The rights of all panic hereunder shall be
.",it ruder and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work ham ander,
including the services of Sellers Repasenctive(A. on the premises of others.
17. SELLERS RESPONSIBILITY.
That Seller shall airy on said work at Sellers own risk until The same is fully completed and accepted, and shift,
in ax of my accident destruction or injury to the work andlor commals lift Sellers foal completion and
mcepmna, complete the work al Sellars own expense and to the satisfaction of the Puchser. When maeriah
and equipment ere famished by others for installation or ercctim by the Sever, the Seller shall accive, unload,
store and harnle same at the site and become responsible therefor as through such materials ardlur equipment
were being famished by the Seller under the offer.
18. INSURANCE.
The Sella shall, at his awn expense, provide for the payment of workers mmperemion, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
mdlor to their dependents in accordance with the laws of the state in which The work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with baW y injury and death limits of at least 53W,000 for any one person, $500,000 for any
e accident and property damage limit per occident of S400,000. The Seller shall likewise require his
ontradors, if any, to provide for such comprensinion and insurance. Before any of the Sellers or his commoners
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
That such compensation and insurance have been provided. Such certificates shall specify the dote when such
compensation and insurance have been provided. Such cerifcates shall specify the date when such compensation
and i...a, expires. The Seller age- If,,such compcnselion and insurance &ball be maintained until after the
entire work is completed and accepted.
19. PROTECfION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mponsibiliry, and liability for any, end all damage, lass or injury army kind
in mere whatsaever to persons or pmperry, moused by or resulting from the execution of the work pmvidcd for in
This paalmase order or in connection herewith. The Seller will indemnity and hold hamrless the Purchaser and my
of At of the Purehazcrs M., e,,am ad employees from and against my and all claims, loses, damages,
changes or expenses. whether direct or indirect and whether to persons or property to which the Purcbssa may
l e put or subject by rason of my act nation, neglect omission or default on The pat of the Seller, my of his
contractors, or my of the Sellers or contractors officers, salamis in employees. In case my suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at my time on account in
by canon of my cur, action, neglect omission of default of the Seller of my of his contractors or my of its or
Their officers, agents or employees as aforesaid, the Seller hereby agrees TO assume The defame Thereof and to
defend the same at the Sellers own expense, to pay any and all casts, changes, attorneys fas and other expemes
my and all judgments that may be incurred by or obuiimd tionfur the purchaser Or my of its or Their officers,
agents or employees in such suits or other proceedings, and Or ase judgment or other lira be placed upon or
obtained against the property of the Purchaser, or said From in or ces a mutt of such suits or other proceedings,
The Seller will at once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued po s.m thereto.
Revised 0712014