Loading...
HomeMy WebLinkAbout103989 KELLY SUPPLY CO, THE - PURCHASE ORDER - 3215230Fort Collins Date: 01/12/2015 Vendor: 103989 KELLY SUPPLY CO, THE 2135 E MULBERRY ST FORT COLLINS CO 80524-3650 PURCHASE ORDER PO Number Page 3215230 1012 This number must appear on all invoices, packing slips; labels. 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 1 2015 Blanket Order Water/sewer 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 4,000.00 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 COMMERCIALDETA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1903. Chapter 39-26. 114 (a). Goods Replevied . GOODS REJECTED due to failure tar meet specifications, either when shipped or due to defects of damage in transit may be, mumed ro you for credit and are col to be replaced except upon receipt of written instructions firm the City of Fon Collins. Inspection. GOODS art subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authodved payment on the pan of the City of Too Collins. However, it is to be understood for FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F O.B., City of Fort Collins, 100 Wood St, Fort Collins, CO 80522, unless aherwise specified an his order. If permission is given to prepay freight and charge separately, the original freight bill must mwmpgy invoice. Additional charges for reeking will not be accepted. Shipment Distance. Where manufacturers have distn aming points in various parts of the motors, shipment is expected from the nearest distribution point to dedinadon, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws regulations, ordinances and rules of the state, municipality, territory or political subdivision where he work is performed, or required by any other duly constituted public aumonty having jurisdiction over me work of vendor. Seller further agrees to hold me City of ran Collins harmless from and against all liability and loss eerred by them by reason of an asserted or established violation of any such laws, re8ulaions, ordinances, rules nd requirements. Authonmtion. All parties to this contract agree that the representatives are, in fact, bona fide and passes full and complete authoory, to bind mid parties. LIMITATION OF TERMS. This Purchase Order mprusly limits acceptance or the terms and conditions stored herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery, and performance must be effected within the rime stated on the purchase order and the documents starched human No acts of the purchasers including, withom limitnon,acceptanceofpartiallatedeliwna,shalloperateasawaiverofthispmvism Intheeventarmydelay, the Purchaser shall have, in addition in Omer legal and equitable remedies, the option of placing this order elsewbere and holding ne Seller liable for damages. However, the Seller mall not he liable for damages as a result Of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without is fault of negligence, such acts of God, acts of civil Or military authorities b vemmental priorities, Ores, strikes, flood epidemics, wars or riots provided that notice of me conditions causing such delay is given to me Purchaser within five (5) days of the time when the Seller for received knowledge thereof In the event of my such delay, the date Of delivery mall be extended for the period equal to the time actually lost by reason of me delay. 1. WARRAN 1 The Seller warrants chat ill goods, articles, matariels and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will In, fit for me purposes intended, and performed with me highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees 0 hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shill replace, repair or make good, winnow 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 he terms of my applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or martinis famished by the Seller. Acceptance or use of goods by the Purchaser mall not consulate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder mall extend to all damages proximarel, carted by the breach of any of the foregoing warranmies m guarantees, ban such liability mall in no event include lass of profits or lass 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 arrow by wdtm change order 3. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to me terms, other than legal terms, including additions to or deletions from the quantities onVnal ly ordered in the specifications or drawings, by vermal or wrinen change order. If any such change affamount direct, me due or the rim , ad ry e of performance herewdeultmle adjust., shall be made. 6. TERMINATIONS. The Punchance, an, at my time by wrltm change aide,, terminate this agrecrocard, . or any or all rumsof the goods then not shipped, subject to my equitable adjustment betwean the parties as to my work or materials then in progress provided mat the Purchaser shall not be liable for my claims for anticipated profits on fie uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect he my goods which are me Sellers standard stock. NO such termination shall relieve the Purchaser or the Sol let of my of their obligations a to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mom be asserted within thirty OD) days from me date me change or temdnation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been products sold delivered and famished in strict compliance, with all applicable laws and regulations a which me goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and reguaions required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pardoner hamdess from all casts and damages suffered by the Purchaser as a result of the Sellers figure to comply with such law. 9. ASSIGNMENT. Neither part' mall assign, transfer, or comey this order, or my moares due or to bemme due hereunder without me poor wnnm consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, contends, and items Flumiated In performance of this agreement free and clear of my and all liens, restrictions, reservations security unclear encumbrances and claims ofmhers. II. NONWAIVER. Earlier of the Purchaser to insist upon stria performance of the arms and conditions hereof, failure or delay to exercise any fights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, me acceptance of or 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 any right Of the purchaser to insist upon stria performance hereofor any of its rights or remedies as to any such goods, regardless of Men shipped, received or accepow- as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the temu hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recopine that in actual ec Ic practice, overcharges resulting from antitrust ar violations e in fact home by the Purchaser. Theretoforenfor good cause and as consideration for executing this purchase order, the Seller hereby Loops to the Purchaser any and Al claims it may now lave or hereafter acquired under federal or state antitrust laws for such overcharges relating to me particular goods or services purchased or acquired by the Purchaser pursoent to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs me Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and me Seller, and the Seller thereafter in Mies its inability or clwillingnes to comply, the Purchaser may cause me work in b , performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release me Purchaser and its contractors of any tier form all liability and claims of my nature resulting from the performance of such work. This release shill apply even in me event of fault of negligence of the parry released and shall extend in the directors, officers and employees of such parry. The Seller's compacr ed obligaums, including warranty, shall not her decided to be reduced, in my way, bemuse such work is Performed or caused to be performed by me Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, matedal or process covered by later, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of me use of such patmmed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of me work. In cue said ryuipmmt or my pan thereof or the intended use of the goods, is in such suit held to connote infringement and me use of sold equipment or pan is enjoined, the Seller mall, at its own expanse and at its option, either procure for the Pachazer the right to continue using said ryuipmmt or parts, replace the same with substantially equal but noninfringing equipment, or modify it so ii becomes wninfdngng. 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 propeny or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms weed or the interpretation of she agreement and the righs of ill 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 where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises troopers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and mall, in case of my accident, dearmiman or injury to the work impair materials before Seller's final completion and acceptance, complete me work ea Sellers awn expense and to the satisfaction of the Purchaser. When maends and equipment are furnished by others for moulding or erection by the Seller, the Seller mall receive, unload, store and handle same ed the roe and became responsible therefor as through such materials and/or equipment were being famished by he Seller under he 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 me work covered by this purchase order, and/or to their dependents in accordance win me laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited W. contractual and automobile public liability insurance with bodily injury, and death limits of n least $300,000 for any one person. S,K0,000 for any one accident and property damage limit Per accident of S4D0,000. The Seller shall likewise require his ontractim. if any, to provide for such mmprnsation and insurance. Before my of the Sellers or his contracmrs employees shall do my work upon the premises i fothen, the Seller mall furnish the Purchaser with a cenifmo Are such compensation and insurance have been provided. Such ceraficares mall specify me date ohm such compensation and insurance have been provided. Such emir came, mall specify he date when such compensation and insurance expires. The Seller agrees that such compensation and insurance mall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDEN75 AND DAMAGES. The Seller hereby assumes me entire responsibility and Iigaliry for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of As, work provided for in this purchase order or in corommum herewith. The Seller will indemnify and hold hamdess me Pacnaser and any or all of die Purchasers oRcers, agents and employees franc and agairuo my and all claims, loses, damages. charges or expenses. whether direct or indirect and whether to pagans or property m which the Producer may be put or subjmt by reason of my act action, neglect omission or default on she pm of the Seller, my of his cona term, or any of the Sellers or convactors officers, agents or employees. In case my suit or other proceedings shall be brought agairm he Purchase, or its officers, agars or employees at my time an account or by reason of my act, action, neglect omission or default of the Seller of my of his conuanors or my of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to defend the game at the Sellers own expense, to pay my and all costs, charges, womeys fees and other expenses, my and all judgments that may be mewed by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or Omer proceedings, and in case judgment or other lien be plmed upon or clowned against the property of the Patching, or said parties in Or w a result of such suits or other proceedings, the Seller will at once cause the same or her dissolved and discharged by going bond or otherwise. The Seller and his ==ran mall 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 Emilation, the Occupational Safety and Health Act of 1920 and ill roles and regulations issued pursuant thereto. Revised 07/2014