HomeMy WebLinkAbout494607 JOSEPHS HARDWARE & HOME CENTER - PURCHASE ORDER - 3215228PURCHASE ORDER PO Number Page
City OfCollins3215228 1 or 2
' `t ( V This number must appear
" 1 1 on all invoices, packing
�slipsand labels.
Date: 01/12/2015
Vendor: 494607
JOSEPHS HARDWARE & HOME CENTER
2160 W DRAKE RD, UNIT A5
FORT COLLINS CO 80526
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/12/2015 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 BLANKET ORDER
Miscellaneous supplies
City or 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
4,000.00
to
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. COMMERCIALDETAILS.
Tmexemprimm By stance the City effort Collins is exempt from state and local taxes. Our Exemption Number is
II. NONWAIVF,R.
98-04502. Federal Excise Tax Exemption Certificate of Registry M-OS*587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hermf, failure or delay to
local Revision, Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26, 114 (al.
exercise any rights or remedies provided herein or by law, nature to promptly notify the Seller in the event of a
breech the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goad Rejected. GOODS ROECTED due to failure to meet specification, either whet shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in Indent, may be reduced to you for credit and are not to be replaced except upon receipt of wrown
purchaser to insist armor strict performance remoter any of its rights or remedies as to my such goods, regardless
uncommon, from dye City of Fon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any purported
oral modification or rescission of this purebase order by doe Purchaser odmte as a waiver of any of the demo
Inspection. GOODS are subject to the City ofFort Collins inspection on arrival.
he.[..
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in actual eco once practice, overcharges resulting from antitrust
ACCEPTANCE n dependent upon completion of all applicable required inspection procedures
violations are in fact home by the Purchaser. Thermaford for good cause 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 F.O B. City of Fort Collins, 900 Wood St, Fon Collins, CO 80522, unless
acquired under federal or state a commit laws for such overcharges relating to the particular good or services
nduerwise specified an this order. If p noisor n is peon or prepay freight and charge separately, the original freight
purchased or acquired by me Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will out be acceded.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a clue to be agreed upon by me
expected from the nearest distribution pxim to reminder. and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchuer
shipments are 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
.an aswciated wish such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, mormapality, territory or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
the work is performed, or required by my other duly canatimed public authority having jurisdiction over the work
resulting from the performance of such work,
of vendor. Seiler fuller agrees to hold the City of Fort Collins hmmless from snd sganat at liability and loss
incurred by them by remain of an asserted or eatablided violation of any such laws, regulations, ordinances, sides
This release shall apply even in the event of Emir of negligence of the party released and shall extend to the
and requirements
directors, officers and employees of such party.
Audonzaams All parties to this contract agree that the representatives are, in fact, hone fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptanu to the terms and conditions stated
herein set loll and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different w m and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannm make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence Delivery and performance most be effected within the time
stated on the purchase order and me documents mashed hereto. No acts of the Parchment including. without
ha tavon, acceptance of partial late deliveries, shall operate as a waver of this provision. In me 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 shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault of negl Igence,
such acts of God, acts of civil or military rem onties, given mental pnonties, fifes, srikea Rood epidemics, wars or
mats provided that notice of the conditions musing such delay is given to me Purchaser within five (5) days of the
time when the Seller first received knowledge therm! In the event of any such delay, the date of delivery shall bet
extended for de period equal to me time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrnts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples indoor other descriptions given, will be fit for me purposes intended, and
performed with the highest degree of care and competence In accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purehaser may suffer or incur an account of me Sellers breach of warranty. The Seller shall replace, repair or make
good, without met to the purchaser, any defects our faults raising within one (1) year or within such longer period of
time as may be prescribed by law or by the temu of any applicable warranty provided N the Seller after the data of
acceptance of the goods famished hereunder fmceptmce not to M unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of gmd by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liabi liry shall in no event include loss of protons 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 terror by wrinen change order
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make my changes to me terms, other than legal corms, including additions to or deletions fmm
the countries onginally ordered in the Varifications or drawings, by verbal or written change order. If any such
change Word the amount due or the rime of performance hereunder, m equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by woman change order, terminate this agreement as to any or all sections
of the
,road saw not shipped, subject to Y equitable adjacent., between pon the ies as to any work or materialsthen in
progress provided door the Purchaser shad not be liable for any claims for anticipated profits on the uncompined
portion of the goods ceder work, for incidental or consequential damages, and that on such adjustment be made in
favor of blue Seller with respeetto my goods which are the Sellers standard stock. No such nomination shall relieve
the Purchaser or the Sal let of my of mail obligations as to my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment man be asserted within tiny (30) days from the date me change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder Onll have ben produced, mid delivered and Admitted in atrin
compliance with all applicable laws and regulations to which the goad are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser handless 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, smaller, or convey this order, or my mmdo due or to become due hereunder without the
prior written consent of the other parry.
10, TITLE,
The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, matedak, and items furnished
n performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and cle,via of omen.
The Sellers command obligations, including warranty, shall not be deemed to be reduced, in airy way, because
web work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by inter, patent, trademark
or mpydght,the Seller shall indemnify and save harmless the Purchaser from any and all cumn for infringement
by reason of the use of such punted coign, device, materiel or process in connection with the contract, and
shall indemnify the Purchaser for any coat, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the wousimtion or after the completion of the work. In case said equipment, or
any pan thermf or me intended use of blue goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and a its option, either procwe for the
Purchaser the right to continue using said equipment or pans, replace the same aid substantially equal but
noninfnnging equipment, or modify it so it becomes moini inging.
15, INSOLVENCY_
If the Seller shall become insolvent or banknpt make an assignment for the benefit of confirm, appoint a
or drawee an for y of the Sellers property or business, this order may foMcanceled
with he by de
Purchaser without babiliv.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of me agreement and me npha of all parties hereunder shall be
constoed under and govenled by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in carom where the Seller is to perform work hereunder,
including the services of Sellers Reproentabson), on the premises of others.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until me same is fully completed and accepted and shall,
n case of any accident, destruction or injury to me work similar materials before Seller's final completion and
acceptance, complete the work ar Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are fornmed by others for installation or erection by the Seller, me Seller shall receive, coined,
store and handle same at the site and become responsible therefor as though such materials ember equipment
were being famished by the Seller under the order.
I8. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including ocnummonal
drome benefits, to its employees employed can or in connection with the work covered by this pomhxae order,
and/or to their deprndents 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 roily inlury and death limits of at Merit $300,000 for any one person, $500,000 for any
e accident and property damage limit per accident of 8400,000. The Seller shall likewise require his
if my, to provide for such compensation and insurance. Before any of de Sellers or his contractors
employees shall do any work upon the premises of oilers, the Seller shall furnish the Purchaser with a earn ficate
that such compensation and insurance have been provided. Such cenifieates shall specify blue date whim such
compensation and insurance have bem provided. Such certificates shall specify the date when such comperaation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained wall after the
more work is completed and auepded.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability for arty and all damage, loss or injury of my kind
r nature whatsoever to persons or property caused by or resulting from the exemcbm of the work provided for in
this purchase order or in connection herewim. The Seller will indemnify and hold harmleas the Purchaser and any
or all of the Purchasers officers, agents and employees from and Ma nor my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmPerty to which the Purchaser may
be put or subject by reason of my act, action, neglect omission or detach on the pan of the Seller, my of his
contractors, or any of the Sellers or ca assmrs officers, agents or employer. In case my suit or other
proceedings shall be brought against the Purchaser, or its oRcars, agents or employees m my time m account or
by reason of my an, actran, neglect, omission or default of the Seller of any of his contractors or my of its or
their of etts. agents or employees as aforesaid, blue Seller hereby agrees in assume the defense mmeof and to
defend the same at me 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 against the Purchaser or any of its or their officers,
agents or employees of such suits or other pnceedtngs, and In case judgmant or other hen be placed upon or
obtained against the property of the Purchaser, or said parties in or as a reset of such suits or other proceedings,
the Seller will at once was the same to he dissolved and discharged by giving bond or athermse. The Seller and
his mneectors shall take all safety precautions, furnish a i install all guard necessary for the prevention of
sccidems, comply with all laws and regulations with regard to safety including, bur without limitation, the
Occupational Safety and Heald Act of 1970 and all rules and regulations Voted pursuant thereto.
Revised 07a014