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HomeMy WebLinkAbout110058 BOWMAN CONSTRUCTION SUPPLY - PURCHASE ORDER - 3215320Fort Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 110058 BOWMAN CONSTRUCTION SUPPLY 10801 E 54TH AVE DENVER CO 80239 PO Number Page 3215320 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 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 1 2015 Blanket Order Misc. 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 Total $40,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City affront Collins k exempt from state and local meet. Our Exemption Number is 98Ud502. Federal Excise Tax Exemption Cmifiesm of Registry 84fi000587 is registared with the Collator of formal Revenue, Denver, Colorado (Ref Colorado Revised Shou es 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifmtions, either when shipped or dimon defects of damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of written myrouclum, form the City of Fort Collie. Inspection. GOODS are subject to the City of Fort Collins inspection on vertical. Final Acoepmas. Receipt of the merchandise services or equipment in response t0 this order can result in authorized payment no the pan of the City of Fort Cullins. Hnweveq it is to be understand Char FINAL ACCEPTANCE is dependent upon completion of all applicable «quired inspection procedures. Freight Terms. Shipments most W F.O.D.. City of Fort Collins, ]W Wood St., Tom Collins, CO 80522, mler, otherwise specified an this order. If permission is given to prepay freight and charge separamly, the original bought bill must accompany invoice. Additional charges fmpacking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the mares, distribution point to destitution, and excess freight will be deducted form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifiwtes and licenser mquired by all applicable laws, regulations, ordinances and tales of the state, municipality, mrritury or political subdivision where the work is performed, or required by any other duly constituted public authority baying jurisdiction over the work of vendor. Seller brother agrees to hold the City of Fort Collins harmless form and against all liability and loss ncured by them by reason of an asserted or mublished violation of my such Taus, regulation, ordinances, tales and "moments. Authorization. All panics to this contract agree that the re,rammmtives are, in fact, bona file and possess full and complete authority t0 bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions staled herein set for, our my supplementary or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmeal to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfamtnnce most be effected within the dine stated on the purchase order and the documents matched herea. NO is of the Purchasers includin, without limitation, mceptmce e, pmrial late deliveries, shall operate ti a xaadies, this provision. In the event ofany delay, the Purchaser holding shall have, in addition a other legal and equitable comedies, the option damages this raker elsewhere and holding the Sella liable for damages. However, the Seller shall and be liable for damage, u e resins of delays due to causes not a arts foreseeable which me beyond its reasonable control and without ten tepidof emnegligence, such prosoed flo actsice of t Or conditions authorities,govemmemulo nit tit Purhase, flood, epidemics,wars he rime, when she slut notice re the conditions musing such delay is given to she Purchaser within five delivery days of the rate when the Seller Ens received knowledge lhermb In she armor of my such delay, she dam of delivery shall be, extended for the period equal to the time actually loss by mown of the delay. 3. WARRANTY. The Seller warrants that all goods, anicles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will ha fit for the purposes indmded, and performed with the highest degree of can and competence in accordance with accepted standards for work of a imilar tuam. The Seller agrees to hold the purchaser hmmless form any loss, damage or expense which the purchaser may suffer m imem an account of the Sellers breach ofwaremty. 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 any appltriable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (aaespmnce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nod constitute a waiver of my claim under this warranty. Except u othcrwix provided th this purchase order, the Sellers liability Maunder shall extend to all damages Proximately caused by the breach of my of the foregoing wanantia or guarantees, but such liability shall in no ,at 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 Purchuer may make changes to legal terms by worm change order. 5. CHANGES M COMMERCIAL TERMS. The Pumbaset may make any chmges to the tense, other than legal more:, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change attach 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, terminate Nis agreement as to any or all poriona of the goods then not shipped, subject to my equitable adjustment between the probes, As to any work in materials than in progress provided Nat the Purchaser shall no, be Liable for any claims for anticipated profits on the uncompleted panion of the goods amllor work, for incidental or mnmquemial damages, and dam no such adjustment be made in favor of the Seller with respect to my goods which are the Scllm standard sack. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to my goods delivered hereunder. ]. CLAIMS FOR AD3USTMENT. Any claim for adjustment most be asserted within thing (30) data main the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warmnm that all goods sold hereunder shall have been produced, said. delivered and furnished in strict compliance with all applicable taus and regulations a which the goods are subject. The Seller shall execute and deliver such documents its, may he required to effect or evidence compliance. All laws and regulation required to be nampor and in agreements of this thi m ter are hereby incaryomled herein by this reference. The Seller agree, to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase, as a result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, canter, or mmay this oiler, or any monies due or to become due hereunder without the prior women consml ofthe otherpary. IIf TH'LE. The Seller women, Fall, clear and anrestrideJ side m the purchaser for all equipment, normals, and it. burnished in performance of this agreement, f and cleat of my and all lieu, restrictions, reservations, security interest encumbrances and claims afrobers. 11. NONWAIVER. Failure of the Purchaser to insist upon shirt pert smc of Be terms and conditions hereof, failure or delay as exercisy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a brancheeerthe acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or my of its rights or remedies as to my such goals, raping ss of when shipped, received or accepted, as a any prior or subsequent default hereunder, nor shall my pumaned oral modification or rescission of this pnrebam maker by the Purchaser mereste as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sorer and the Purchaser recognize that in actual ea omit practice, overcharges resulting form animator violations are in fact home by the Purchaser. Theremfns, for goal cause and as consideration for emoming this puchase order, the Seller hereby assigns to the Poorhouse any and all claims it may now have or hereafter seminal under federal or state antimut laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchaw miler. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct nonconforming or defective goods by a data in be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhamr may cause Be work so be performed by the most expeditious means available to it, said the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its commmors of any tier from all liability and claims of any nature resulting from the Performance of such work. This release shall apply men in the event of fault of negligence of the parry released and shall extend to the directors, oRcm and employees of such parry. The Seller contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to her performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or Process covered by letter, Patent, mdemark or copyright. the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reawn of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the permeation err after the completion of Ne work. In case said equipment, or my par thereof or the intended use of the goads, is in such suit held to constitute management and the use of said regulated or pan is enjoined, the Seller shall, at its own expense card at its option, rather procure for the Purchaser the right to continue using said cgaipment or ports, replace the sox with substantially capital but nminfnging equipment, or modify it sec it becomes noninfnging. 15. INSOLVENCY. If the Seller shall became imolveat or bankrupt, make an assignment far the benefit of credimrs, appoint a receiver or =me for my of the Sellers Property or business, this order may forthwith ha canceled by the Purchuer without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parts hereunder shall be construed under and governed by the laws of are State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heretudm, incuding the samicas ot'Shcm Represenmtim(s), on the prtmims of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work carrot materials before Sellers final completion and accepmnm, complete the work at Sellers own as,. and to the satisfaction of the Purcbxm. When materials and equipment are burnished by others for installation or erection by Ne Sella, the Seller shall receive, uniform, store and handle mare i t the site and become ruponible therefor as though such materials radrm equipment were being famished by ire Seller under the order. 18. INSURANCE. The Seller shall, of his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, m loin to their dependents in ucordance with the laws of the sure in which the work h to be dare 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 ed least 534b.000 for any one person, S5 W,D00 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such conformation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Fandsh the Purchaser with is certificate that such compensation and insurance have been pemided. Such ceniftemes shall specify the date when such compensation and insurance have been provided. Such comftcatn shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and moment, shall be, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Assumes the entire responsibility and liability for my aad all damage. bass or injury ofany kind or nature, whatsoever to parsons Or property caused by or resulting form she execution of the work provided fen N this pmchi s, oNer or in correction herewith. The Seller will indemnify and hold harmless the Purelsascr and my r sll of the Porchuers afters, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the rurchaer may be put or subject by reason of my act action, neglect, omission or default on the part of the Seller, any of his onamustors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought egaiut the Purchaser, or its oBfcm, agents or employees m any Yore on sco mt or by reswn of my act, action, neglem, omission or default of the Seller of my of his conuactm or my of its m their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained agaimt the Purchaser or any of its or their officers, agents or employees in such suits or other Proceedings, and in case Fairmount or other lien be placed upon or assumed against the pmpeny of the Purchaser. or said panic in or as a result of soh suits or oNer pmceedwgs, the Seller will at once cause the more to be dissolved and discharged by giving load or otherwise. The Sella and his contractors shall take all safely precautions, famish and inmll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without haricamrs, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 07C014