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HomeMy WebLinkAbout145457 WHITE CAP CONSTRUCTION SUPPLY INC - PURCHASE ORDER - 3215300City of Frt Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 146457 WHITE CAP CONSTRUCTION SUPPLY INC 334 S SUMMIT VIEW DR FORT COLLINS CO 80524 PO Number Page 3215300 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 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Construction Supplies 1 LOT LS 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. 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 15,000.00 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 L COMMERCIALDETAILS. Tax exemption By statute the City of Fort Collins is exempt from rote and local taxes. Our Exemption Number is 11. NONWAIV ER. 98-W 502. Federal Excise Tax Exemption Certificate of Registry M-d(WX 58] is registered with the Cd,wmr of Failure of the Purchaser to insist upon strict performance of the terms and conditions heeof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, folum to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of me design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when slipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my fight of the damage in trwsit may he returned to you for credit and are rot to be replaced except upon receipt of written purchaser m insist upon inner performance hereof or any of its rights or remedies as many such goods, regardless instructions form the City of Fon Collins. of when shipped, received m azcepled as to my prior or subsequent default hereunder, nor shall any purported oral nrodification or rescission of this purchase order by the Purchaser operate as a waiver of my of the temu Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the rumbee inw, scevirea m equipment in response to Nis order cm result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mtlwneed payment on the pm of the City of Fon Collins. However, it is to be undermood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges deciding (roam contrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Therdmfine, for good came and as; consideration for exceeding this purchase order, the Seller hereby assigns to the Purchaser any and all chi= it may now have or hereafter Freight Terms. Shipments must be F O.B., City of poor Collins, ]Ora Wood SL, pod Collins, CO 80522, unless acquired under federal or mom antitrust laws for such overcharges relating to the particular goods or services otherwise specified on Nis order. If permission is given to prepay, freight and charge separanely, the original freight purchased or acquired by the Purchaser pursumt to this purchase order. bill must acomnmy invoice. Additional charges for packing will not be accepted. Shipment Nounce. Where manufacturers have Norman g points in various parrs of the own. shipment is expected from me neared distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cos all necessary Permits, renificates and licenses required by all applicable laws, regulations, mconswas and rulm of the sme, municipality, remory or political subdivision where the work is performed, or required by my other duly constituted public authonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established Nolaaon of coy such laws, regulations, ordinances, outs and requirements. AUNoriscrion. All parties to this contract agree that the represrstariva are, in fact, bona fide and posses full and complete outhanry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms and conditions stared herein set forth and any supplementary or additional terms and conditions annexed herem or incorporated herein by reference. Any additional or ditTermnerms and conditions proposed by eller are objected w and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date a noted. Time is of the essence. Delivery and performance must be effected within the time stated on em purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panda! late deliveries, shall operate rea waiver of this provision. In the event of my delay, the Pumhazer shale have, in addition m other legs! and equitable remedim, the optima of placing this order elsewhere and holding the Seller liable for damages. However, the beyond i reasonable shall not be liable for damages f a result of delays due to causes cot reasonably foreeeable which are brypnd itsnwnfoe and without its faultof emnegligence, such actsofGod,acts noofcivilor military scausing governmental priorities, fires,makes,Roodepidemics, sears or dots provided that notice of ei conditions causing such delay is given to the Purchaser within five delivery days of the time when the Seller firs received knowledge thereof. In the event of my such delay, the dace of delivery shall be extended far the period aqua! to the time azwally lost by reason of the delay. 3. WARRANTY. The Seller warrmts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor 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 imilar nature. The Seller agree to hold the purchaser harmless from my loss, damage m expand which the Purchaser may suRer or interim account of the Sellers breach ofwatranry. The Seller shall replace. repair or make good, without cost to the purchaser, my defects 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 my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder nuesptmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptantt or use of goods by the Purchaser shall not wnslity hereunder of any claim water this wartanry. Except as otherwise provided f this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused fi the breach of my of the foregoing yourcumes WARRANTY O MERCHANTABILITY bat such liability shall in no event include loss of profits A loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehrow may make changes to legal emu by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other that legal finds, including additions to or deletions from me quamuiez —foully ordered in the spen0cations or disci—fi, by veNal or written charge order. If any such change atTetts the amme amount due or the tiof performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement w to my or all ponows of me goods Ned not shipped, subject to my equitable adjustment between the patties as to my work or materials then in progress provided that the Purchaser shall not be liable for coy claims for anticipated profits on the uncompleted Funded of the goods mdror work, for incidental or codequenual damages, and that no such adjusment be made in favor of the Seller with mapen to any goods which are the Sellers standard stock. No srrelt terminwon mal relieve the Nothrow or the Seller of my of their Obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days from the date are change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller waran¢ Nat all goods sold hereunder shall have been produced, sold delivered and famished in stnct compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to he incoporaed in agreements, of this character are hereby incorporated herein by this scrammed. The Seller modes to indemnify and hold the Purchaser bandies from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, omsfer, or examey this order, or my monies due or to become due hereunder without the prior women consent of the other party. 10 TITLE. The Seller warrants to 1, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished n perfmmance of this agreement free and clew of my and all liens, restrictions, reservations, security interest mcumbrmces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direr s the Seller or comma nonconforming or defended gods by a dare or be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicators its inability or unwillingness o comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all wens aswciatN with such work. The Seller shall release the Purchaser and its contractors of my tier from of liability and claims of my nature moulting form the performance 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, officers and employees of such patty. The Sellers contractual obligations, including warmry, shall not hat deemed to be diluted, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or process covered by lemeq patent trademark r copyright, the Seller shall indemnity and save handless the Purchaser fmm my and all claims for immogement by realm of me tie of such panmtd deign, device, rnaerial or process in dreark an with the convect, and shall indemnify the Purchases for my mom, expense or damage which it may be obliged ne pay by reason of such infringement at my time during the prosecution or after the completion of the work In case said equipment, or my pm thereof or the intended tie of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, a Its own expense and at its option, either procure for the Purchaser the night to continue using said equipment or pans, replace the same with immortally equal but naminfnnging equipment, or modify it so it becmnes wninfnnging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases whore the Seller is de perform work hereunder, including the services of Sellers Reprasenotive(s), on the premises afothers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's final con fle ion and anceprmce, complete the work in Sellers own expense and to the satisfaction of the Producer. When materials and equipment ad furnished by others for installation or diction by the Seller, the Seller thall receive, udlo rod, sore and handle same at the ste and become responsible therefor as though such materials and/or equipment were being famished by me Seller under the order. 18. INSURANCE. The Seller shall, or his own expense, provide for the payment of workers compmsmion, including occuparianal disease bendts, to in employees employed on or in cormection with Ne work revered by this purchase order, m&or to their dependents in accordance wor 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 for iliy -sw-cc with bodily Injury and death limits of ar Imt gow.00o for any one person, $500,CW for any one accident and property damage limit per accident of f400illi The Seller shall likewise require his commorms, if any, to provide for such conpmawon and insurance. Before coy of the Sellers or his contractors employees shall do my 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 dare whim such compensation and insurance have been provided. Such comfic tes shall specify the date when such compensation and insurance expire. The Seller agrees Nat such compensation and insurance shall be maintained anal after the mine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind r nature whatsoever to persons or proper, caused by or resulting from the execution of the work provided for in this purchase order or in commtlon herewith. The Seller will indemnify and hold hamdess the Purchaser and my or all of the Pumhasen officers, agents and employees Form and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsers or property in which the Purchaser may be per or subject by reason of my act, action, neglect omission or defmlt on the part of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against he Purchaser, or in offices, agents or employees at my time on account or by reason of my an, action, neglect omission or 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 defense thereof and to defend the same in the Sellers two expense, to pay my and all costs, charges, morays fees and other expense, my and all judgments that may be incurred by or obtained against me Purchaser 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 obtained against tire property of the Purchaer, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same o h dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without hadmaion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereat. Revised O7r2014