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HomeMy WebLinkAbout482499 CONTRACTORS SUPPLY INC - PURCHASE ORDER - 3215193PO PURCHASE ORDER 321519er Page City of PURCHASE 193 t of z `t Collins/ n alli invoices, must appear �.I ` �7 on all invoices, packing �slips and labels. Date: 0111212015 Vendor: 482499 CONTRACTORS SUPPLY INC 5515 W WARREN AVE DENVER CO 80227 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 i 2015 Blanket Order Fasteners 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, Fart 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 1. COMMERCIALDEfAI1S. Tax exemptions. By srawte the Ciry of Fon Collins iz exempt from state and loco[ rues. Our Exemption reumber ie I I. NONWAIVER. 98-01502. Federal Exciae Tax Exemption Certificate of Registry 84-60W587 is registered with the Collector Of Failure of the Purchuer to inom upon snct performance of the terms and conditions herself, failure or delay to Internal Revenue, Denver. Colorado (Ref, Colorado Revised Stalaas 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, slim[ not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of my right of the damage in much, may be, reamed to you for credit and are rot to be replaced except upon receipt of written purchaser m insist upon suit, performance herwf or any of its rights or amrdirs as to any such goods, regardless instructions from the City of Fort Collins. of when shipped. recei.rd or accepted, as to any prior or subsequent default hereunder, nor shot my puamned mall nmdification or rescission of this purchase order by the Purchaser operate w a waiver of my of the temss Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. herwf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authotiaed payment an the pm of the City of Fact Collins However, it is to be undemaod thatFINAL Seller and the Purchaser recopiae that in actual ew is practice, overcharges resulting from antitaum nforr ACCEPTANCE is dependent upon completion of of applicable required inspection procedures. violations are in fret home by the Purchro r. Thermadere good wow and as consideration for executing this purchase order, the Seller hereby assigns so the Purchaser any and all claims it may now lave m hereafer Freight Terms. Shipments mum be F.O.B., City of Pon Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antionse laws for such overcharges relating an the particular goods or services otherwise specified on Nis order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dismays. Where manufacturer have dlmnbutlng points in various parts of the country, shipment is If the Purchaser directs the Seller o waver nonconforming or defective gaols by a date to be agreed upon by the expected from the unties, disributem point Ia destination, and excess freight wilt be deduced fiom Invoice when Puchaer and the Seller, and she Seller thereafter indicates its inability or mxillingness an comply. the Purchaser shipments are made from greater distance, may cause the work to be performed by the most expeditious means mailable to it, and the Seiler shall pay col costs associated with such work. Permits. Seller shall procure at sellers sale costof necessary permits, certificates and licenses required by at applicable laws, regulations, ortmanow and rules of the srate, municipality. territory or politico subdivision where The Seller shall release the Purchaser and its contractors of my tier from of liability and claims of my nature the work is per -foamed, or required by my other duly wnmilated public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fon Collins h urnaless from and against all liability and loss incurred by them by reason of an awned or established violation of my such laws, negotiators, ordinances, rules This release shall apply even in the event of fault of negligence of the parry released and shall extend to the and requirements directors, officers and employees of such pasty. Authoritarian . All ponies to Ws contract agree tam the representatives are, in faze, bona fide and possess full and The Sellers contractual obligations, including waranry, shall not be deemed to be reduced in my way, because wmplme authority as bind said parties such work is Performed or caused to he performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and c anduroas smed herein sun forth and my supplementary or additional terms and conditions annexed herew or inwryorated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yao wmot make complete shipment to wave on your promised delivery doe as noted Time is of the essence. Delivery and peafomunw, most his effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panim late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller anal) not be liable for damages as a result of delays due to causes now nowmably finesembls which are beyond its reasonable control and wiNom its fault ofoegliRence, such acts of Caod acts of civil or military authorities, governmental pro ntia, fires, strikes. Hood, epidemic, wars or noes provided that nonce of the conditions causing such delay is given to the Purchaser within five (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 rood to the time actually lost by reason of the delay, 3. WARRANTY. The Seller warants that all goods, articles, currently and work covered by this order will conform with applicable drawings, specifications, samples anchor 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 similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofiverarricarty. The Seller shall replace. repair or make good, without com to the purchaser, my def.vrs or faults arising within one (1) year or within such longer period of time as may be pracnbed by law ar by the circus of my applicable warrmry provided by the Seller afar the date of acceptance of toe goods famished hereunder (acceptance not to be unreasonably delayed), raulong from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiverofany claim under this warat Exceptasotherwisepmvidrdtothispurchaseorder, the Sellers liability hereunder shall extend layall damages proximately caused by the breach of any of the foregoing warrmdes or guarmtxs, but such liability shall in no event 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 Purchaser may make changes to legal terms by "men change order. 5. CHANGES IN COMMERCIAL TERNS. The Purchaser may make my changes m the terms. other than legal teats, including additions to or deletions from the quantities originally ordered in the specifications or drawing, by verbal or.mnen change order. If any such change affects the amount due or the time mperformance hereunder, an equitable adjustment shall be made. 6. TER.MIN'ATIONS. The Purchumer may at my time by written change order, terminme this agreement as to any or all Poriaof the goods then not shipped, subject to my equitable adjustment between the parties as to my work or was erialathen in progress provided that the Purchaser shall not be liable for any claims for anticipated prof¢ on the ancomp[aed ,onion of the goods and/or work, for incidemo or consequential damages, and that no such adjustment be made in favor of the Seller with ropers many goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within durry (30) days from the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW The Seller warrants tons all goods sold hereunder shill have been produced, sold delivered and famished in mutt compliance with all applicable laws and regulations m which the goods are subject The Seller shall execute and deliver such documents u may be required in effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this thornier are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmless fmm all masts and damages suffered by the Purchuer as a result of the Sellers failure to comply with such law. 9. ASSIGNINENf. Neither parry shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior written consent of the other any. 10. TITLE, The Seller warrants full, clear and unrestricted title so the Purchaser for Al equipment maacnzls, and items famished in pamfournmence of this agrament free and clear of my and col liens, restrictions, reservations, security interest encumbrances and claims ofothers. 14, PATENTS. Whenever the Seller is required to use any design, device, malarial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infnagement by reason of the use of such patented design, device, material or process in connection with the contract, and shill indemnify the Purchaser for my con, expose or damage which it may be obligM to pay by reason of such inGmgement at my time during the prosecution or after era completion of the work. In case said equipment, or my poor therof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oven expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nouinMnging a pripmem, or modify it m it becomes wnlnanging. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpL make an assipmot for the benefit of crediami, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchuer without liability. 16, GOVERNING LAW. The definidoas of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed wider and governed by the laws Ofthe Smo, of Colorado. USA. The following Additional Conditions apply only in cores where the Seller is to perform work hereunder, including the services of Sellers Representatively), on the premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said wails in Sellers own risk until the same is fully completed and aeeeptrd, and shall, in case of any accident, destruction or injury to the work mchor instructs before Sellers foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchuer. When maarials and equipment are famished 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 as though such nutrials and/or equipment were being famished by the Seller under the order. 18. INSURANCE, The Seller 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 the work covered by this purchase order, anchor to their dependents in accordance with the laws of are state in which the work is m be done. The Seller shall elw carry comprehensive general liability including, but not limited W. contractual and aommobile public liability insurance with bodily injury and deaM limits of ar leam S300,000 for any one person, E500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his rantroems. if my, to provide for such compentation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shill fomish the Purchuer with a cernficate thi such compensation and insurance have been provided. Such certificates shill specify the die who such compensation and insurance have ban provided. Such certificates shall specify the dare who such compensation and insurance expire. The Seller agrees than suer wmpemation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the =am responsibility and liability for my and all damage, loss or injury of any kind thnatwhomever to persons or property word by or resulting from the execution of the work provided for in is purchase order or in connection herewith. The Serer win indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against my and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persws or property to which the Purchaser may be put or subject by reason of my act, whom, neglat omisson or default an the pan of the Seller, my of his ournsc w, or my of the Sellers or comments officers, agence or mtployea. In case my suit or other prwerclop shall be brought against the Purchaser, or its officers, agents or employees a my time can account or by reason of my act action, neglect, omission or default of the Seller of my of his contractors or any of its ale 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 my and col costs, charges, aromeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be plied upon or obtained against the pmperry of the Purchaser, or mid parties in or as a result of such suits or other proceedings, she Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety prerec ions, furnish and instal all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the Occupational Safely and Heath Act of 1970 and all roles and regulations issued pursuant thereat. Revised 0712014