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HomeMy WebLinkAbout103484 RNR SUPPLY INC - PURCHASE ORDER - 3215259PURCHASE ORDER PO Number page City of PURCHASE 3215259 1 of z F6r} Collins lins on all invoices, pacst king !\/`I ` V ` 1 1 on all invoices, packing �slips and labels. Date: 01/12/2016 Vendor: 103484 RNR SUPPLY INC 2329 E MULBERRY ST FORT COLLINS CO 80524-3646 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01112/2015 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 mist. 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@fogov.com 1 LOT LS 4,000.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from scale and local taxes. Our Exemption Number is 99 W502. Federal Excise Tax Exemption CeniBeem of Registry 84-6001 is registered wilt me Collector of Inremal Revenue, Lower, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 g) Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written imor mim, from the City of Fan Collins. Inspection. GOODS are subject o me City of Fort Collins inspection on not Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in audhomW payment on the pan of the City of Fon Collins. However, it is in be understood thar, FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.0 B., City of Fan Collins, 700 Wood St. Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will ran be accepted. Shipment Distance. Where msoufanmers have distributing in. in various pram of the country, 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. Permit. Seller shall procure at sellers sole ma all necessary permits, cenificaus and licemes issued by all applicable laws, regulations, ordinances and rules of the stare, municipality, territory, or political subdivision where the work is performed, or required by any other duly monitored public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against Al liability and loss incurred by them by reason of m assents or established violation of any such laws, regulations, ordinanar, Mes and requi men.. Ame or estion. All ponies to this contract agree that the representatives are, in fact, bona ride and possess full and complete audrity ro and said parties. LLWTATION OF TERMS. This Purchase Order expressly limits acceptance to the remes, and conditions stated herein set fall and my supplementary or additional terms and conditions aonexed hereto or incorporated 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 tryout cannot make complete shipment to amve on your promised delivery data as noted. Time is ofthe essence. Delivery and performance most be effected within the time saved on the purchase order and the documents madhed hereto. No act of the Purchasurs including, without Ilmlcation, acceptance oriental late deliveries, shall operate as a waiver of this pronsion. In the evert m any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option wplacing this order elsewhere and bolding 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 ace of God, acts of civil or military authorities, governmental priontia, fires, strikes, flood, epidemics, wars or nuts provided that notice of hie conditions causing such delay is given to the Purchaser within five (5) days of the lime what the Seller For received Wowiedge thereof. In the event of my such delay, the dam of delivery shall be extended for the facing equal to the time actually lost by reason of she delay. 3. WARRANTY. The Seller warrant that all goods, articles materials and work covered by this order will conform wth applicable drawings, specifications, sample, and/or other descriptions given, wll be fit for the 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 from my loss, damage or expense which the Parehasar may suffer or incur on account wife Sellers breach of w.,ranty. The Seller shall replace, repair or make good without cast 0 the purchaser, my defect 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 wararry provided by due Seller after the data of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by me Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this wamenty. Except as otherwise provided m this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing vo rames or guarantees, but such liability shall in no event include loss of profit or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make 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 deletions from Ae qumuuers instantly ordered in the specifications or drawing, by ventral or written change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purochoser may at any time by women change order, entrance this agreement as to any or all pantsof the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials man in progress provided gat the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted pardon of the good andfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller weds respect to my broads which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT, Any claim for adjustment most be asserted within thirty (30) days from the date the change or twounation is ordered. 8. COMPLIANCE WITH LAW, The Seller yo rrme ther all goods sold hereunder shall have been produced, cold, delivered and fumished in Mnm compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required be be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and (hold the Purchaser harmless from all cost and damages suffered by the Pmchrour as a result of the Sellers bosuns, to comply with such law. 9. ASSIGNMEbrE Neither parry shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior written consent of me other parry. 10. TITLE. The Seller warrant full, clear and epos mete d doe to the Purchases for all equipment maurials, and items fumished in Performance of this agreement free and clear of my and all liens, restrictions, reservations, seeunry interest encumbrance and claims of athem 11. NONWAIVER. Future of the Purchaser to insist upon stcics perfana ance of the terms and conditions hereof, failure or delay to comerse any rights or remedies provided hewn or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for good hereunder or approval ofthe design, shall novelease 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 my of its nght or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Preempt operate as a waiver of any of the terms herself 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser moopire chat in actual economic practice, overcharges maturing From antitrust violations are in fact hom e 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 acquired under federal or Mate antitrust laws for such overcharges relating to the parocular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a dare to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to 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 it contractors of any tier from all liability and Balms of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. M. PATENTS. Whenever the Seller is required to are any design, device, material or process covered by lever, parent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented 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 alter the completion of the work. In case sold equipment, or my pan thereof or the intended use of the goods, is in such suit held to comma re infringement and me use of said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either procure for she Purchaser the right to continue using said equipment or put, order, the same with substantially atual but uninMnging equipment or modify it so is b«omas noninfigung. 15. INSOLVENCY. If me Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, duns order may faMwith be canceled by the Purchaser without liability_ 16. GOVERNING LAW. The definitions of terms used or the irimmoctaaion of the agreement and the rights of all parties hereunder shall be consumed under and gavemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heremdr, including the saavim of Sellers Represenwrve(s), on the premises urethras 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work w Settees own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are punished 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 mammals super 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 occupancies] disease henries, ro its employees employed on or in connection with the work covered by this purchase order, sodfr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but nut limited to, contractual and automobile public liebiliy insurance your bodily injury and death limits of at least 5300,000 for any one Person, 5500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his if my, to provide for such compensation and insurance. Before my of me Sellers or his contractors employes shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dam whin such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agees mat such compensation and insurance mall be maintained will after the come work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability 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 the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and ell clams. losses, damage, charges or expenses, whether direct or indirett and whether ro persons or property re, which the Purchaser may be put or subject by reason of my act action, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit of closer proceedings shall be brought against he Purchaser, or its officers, agents or employees at my time on account or by reason of my act, anion, neglect, omission or default of the Seller of my of his contractors or my of its or 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 ill wen, charges, About fee and other expenses. my and all judgments then may be incurred by or obtained against the Purchaser or my of its or their officers. hours or employees in such suits or other proceedings, and in rue judgment or other lien he placed upon or obtained against the property ofthe purchaser, or said pacds in or as a result of such suits or other proceedings, the Seller will al once chase the same to be dissolved and discharged by giving bond or whanxiu. The Seller and his contractors shall take all safety precautions, burnish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limmirrion, the Occupational Safety and Health Act of 1970 and all cats and regulations issued processor thereto. Raised oM014