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HomeMy WebLinkAbout102876 MOUNTAIN STATES PIPE & SUPPLY CO - PURCHASE ORDER - 3215245Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 102876 MOUNTAIN STATES PIPE & SUPPLY CO 111 W LAS VEGAS COLORADO SPRINGS CO 80903 PO Number Page 3215245 1of2 This number must appear on all invoices, packing slips and 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 Total 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 of Fort Collins is exempt from sate and local taxes. Oar Exemption Number is 98L4502. Federal Excise Tax Exemption Cral of Reform, 94-60DOSSO is re&smred with the Collector of Imemil Revenue, Drover, Colorado (Rd Colorado Revised Statums 1973. Chm¢r 39-26. 114 f i). Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due in defects of damage in transit, may be resumed to you for credit and are not in be replaced except upon receipt of wulten instructions from the City ofFort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection an unveil 11. NONWMVER Failure of the Purchaser to insist upon strict performance of the terms and conditions berm( failure or delay to exercise my 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 got hereunder or approval ofthe design, shall not odeme 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 strict performance hereof or arty of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior at subsequent default hereunder, nor shall any puryoned one modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services, or apartment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAMS. aatlwmed payment on the pan of the City of Fan Collins. However, o is to be understood thin FINAL Seller and the Purchaser recognia dot in actual economic frontier, overcharges resoling from impact ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact Iy me by the Purchaser. Theretofore, 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 mug be F 0B., City of Fan Collins, TOo Wood S_ Fan Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise spnified on this order, If permission is given in prepay, freight and charge separately, the anginal freight purchased or aqui red by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not bet accepted. Shipment Distance. Where manufacturers have distributing paints in various pan of the unwary, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure as sellers role cost all necessary permits, certificates and licenses ro lred by all applicable laws, regalation, ordinances and roles ofthe since, municipality, ternwry or political subdivision where the work is rop tmel. or required by any wher duly ..noted public authonry, having junsdinion over the work of vendor. Seller father agrees to hold due Ciry of Pon Collins handless from and agents, all liability and lass enderred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles requirements. Authonva,ion. All parties to this contract were that the represeandives are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions noted herein set pooh and any 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 immediusly if you cannot make complete shipment to arrive m your promised delivery date as noted. Time is of the msence. Delivery and performance must be of iected within the time stnced on the purchase order and the documents touched hereto. No acts of the Purchasers including, without limiarma, acceptance oriented late delivenq 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 planing 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 its fault of negligence, such sets of God, acts ofcivil or military authorities, govenunened priorities, fires, stokes, Rood, epidemics, wars or doss provided that notice of the condition causing such de6y is given in the Purchaser within five (5) days of the time what the Seller first received knowledge thereof In the event of any such delay, the time of delivery shall he extended for the period equal to the time actually loin by reason of the delay. 3. WARRANTY. The Seller warner that all good, articles, materials and work covered by this order will conform with applicable dowings, specifications, samples md/or other description given, will be fit for the purpnes intended, and performed with the highest degree of care and temperance in accordance with accepted nandard for work of a smaller nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may sufferer incur on mcount ofthe Sellers breach of wanmry. The Seller shall replace, repair or make good, without war to the purchase, any 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 warrmry provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Pwchsser shill not ..,a e a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend to all damages proximately coned by the breach of my of the foregoing warmties c r gro mtm; but such liability shell in no even, incltde Ia,, of pr.Gts or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may more changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletion from the quantities originally ordered in the spxircations or Nawings, by verbal or wnnen change order. If any such change affects the amount due or the time of performmce hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may many time by wnnm change order, terminate this agreement as to my or all Portions of de goods than not shipped, subject to my equitable adjustment between the parties as, in my work or matenas then in progress provided tsar the Purchaser small not be liable for my claims for mticipeed pm( on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any 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. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment intro be asserted within drirry (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrmts For all goods sold hereunder shall have been produced, sold, delivered and famished in soma compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such documents as may be rgolred to effect or evidence compliance. All laws and regulations required to he nwrpom,ed in agreements of this character on, hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, rmdfiw, o, convey this ardor, or my monies due or to become due hereunder without the ,nor won. consent of the other parry. 10. TITLE. The Seller warnings full, clear and unrectncted,ide w the Purchaser for all equipment, mtoenals, and items furnished in pedbrmance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corect nonconforming or defective good by a date w be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwllingness to comply, the Purchaser may cause the work in be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its conmcwrs of any her from all liability and claims of my nature exulting form the performance.(suco work. This release shill apply even in the event of fault of negligence of the party released and shall extend to the directors, offers and employees of such perry. The Seller's contactual obligations, including warranty, shall not be deemed w be reduced, in any way, because such work is peformed or Caused to be, performed by the Parchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mamdal or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the me of such patented design, device, re conal or process in connection with the contract and shill indemnify the Purchaser for any mac, expense or damage which it may be obliged to pay by reason of such Infnhgemwt at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of sad equipment or pan is enjoined the Seller shall, at its own expense and in its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of crediwrs, appoint a reverver or uostee for my of the Sellers property Car Nomeas, this order may forthwith be cvaeled by the Purchaser without liability. 16 GOVERNING LAW. The definitions of terms used or the interpretation of the agreamrm and the rights of all parties hereunder shall be combs d coder and governed by the laws of the Sum of Colorado, USA The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers RepresenuoivIXs), on the premier archers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Selleis own nek until the same is fully completed and accepted, and shall, in Case of my accident, destruction or injury to the work m gm materials before Seller's final completion and acceptance, complete the work at Selleis own expense and in the satisfaction of the Purchaser. What friends and equipment are furnished by others for condiment or erection by the Seller, the Seller shall receive, unload, store and hurdle same at the site and biome responsible therefor as though such nationals and/or quipmw, were being famished by the Seller coder the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in ... with the work covered by this purchase aide,, md/or to their dependents in accordance with the laws of the spite in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited w, contractual and automobile public liability insurance with bodily injury and deem limits of N least s300,00 t for any one person, $500,0Ka for any e accident and property damage limit per accident of S400.000. The Seller shill likewise require his contractors if any, to provide for such campansemon and Insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cevlfcam that such compwsauon and insurance have beat Provided. Such comficarm ,mill specify me date whin such compensation and insurance have been provided. Such certificates shill specify the due when such compensation and insurance expires. The Seller agrees that such compensation and insurance small be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire re, onsim lisp and liability for my and all damage, loss or injury of my kind r nature whatsoever to persons or property cued by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers o cray, agents and employees from and maim, my and all claims, loses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, n glee, omission or default on the pan of the Seller, my of his comraaors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time an account or by reason of my act action, neglect, omission or default of the Seller of any of his contraction or my of its or their officers. agents or employers as aforesaid, the Seller hereby agrees w assume the defense thereof and to defend the same an the Sellers own expwse, to pay my and all costs, charges, anomrys fees and other expenses, my and all judgments that may be incurred by or obtained a,mand the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in care judgment or other lien be placed upon or obtained against the property ofthe Purchase, or said panic in or as a result of such suits or other proceedings, the 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 precautions, punish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety inorganic but without lunnummon, the Occupational Safety and Health Act of 1970 and ill rules and regulations issued pursuant therem. Revised 07I2014