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HomeMy WebLinkAbout228072 ROYAL-T ROOTER SERVICE INC - PURCHASE ORDER - 3215261PO PURCHASE ORDER 3215261 Page City of PURCHASE 15261 1012 ' `tCollins( This number must appear ` v on all invoices, packing �slips and labels. Date: 01/1212015 Vendor: 228072 ROYAL-T ROOTER SERVICE INC PO BOX 386 GREELEY CO 80632-0386 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 Plumbing 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rm Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDEfAILS. Tax exemptions. By smtuct the City of Fort Collins is exempt from share and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of Failure of the Pwcbasn to insist upon stnn performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes Pon, Chapter 39-26, 114 of exercise any rights or remedies provided herein or by law, fortune to promptly notify the Seller in the event of a breach, the acceptance of or payment for eoods hereunder or.pprovai of the design, shall not relate¢ the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the wmranties or obligations of this purchase order and shall not be deemed a waver of my right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of wd.en Purchaserto insist upon strict performance hereoforany ofits rights cromemes as to mysuch goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral now ficatim or rescission of this purchase order by she Purchaser operate as a waiver of my of the terms Inspection GOODS are subject to the City ofFort Collins inspection on wri al, harmf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order cm result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. cadmium payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in annual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofrfor goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B. City of Fort Collins, 700 Wood SL, Fort Collins, CO 90522, unless acquired coder federal or state antitmn laws for such overcharges relating an the particular goods or services otherwise specified on this order If pemention is given to prepay freight and charge separately, the onginel freight purchased or acquired by she Purchaser pursuant he this purdtcse order. bill must accompany invoice. Additional charges for pecking will rot be accepted Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall prone ar sellers sole in all necessary permits, certificates and lV.nses required by all applicable laws, regulations, mahmances and rule ofthe state, municipality, remitory or political subdivision where the work is performed, or required by my other duly conshho d public authonty having 3unsdiction over the work of vendor. Sailer, fuller agees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any with laws, regulations, ordinances, miles regni rements. Aothorimtion. All parties or this convect agree the the representatives are, in (act bona fide and possess full and compine a mmit, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions mated herein set fourth and my supplemmtery or additional terms end conditions annexed 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 if you carmen make complete shipment as arrive m your pmmised delivery date as noted. Time is of the wanes. Delivery and Performmce man be affected within the time stated on the purchase order and the documents handed herein. No arts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition so other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseoable which are beyond its reasonable control and without its fault of negligence, such was of God, acts of civil or military authorities, govemmensai priontie, fire, strikes, Rood epidemics, wars or now provided the notice of the conditions .using such delay is given to the Purchaser within five (5) days of the time whm the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller summer that all Reveals, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intendd, and performed with the highest degree of care and competence in accordance with accepted mmdards 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 tormust of the Sellers breach of warranty. The Seller shall replace, repair or make good, without war or 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 the terms army applicable warrant, provided by the Seller after the due of acceptance of the goods furnished hereunder (acceptance not to be Imreaonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser slid] not tonatitute a waiver of any claim under this worrmry. Except as wh,rwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately reused by the breach of my of the forexoing warranties or guarantees, but such liability shall in no event include loss 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 charges to legal mans by whom change order. S CHANGES INCOMMERCIALTERMS. The Purchaser may make my charges to the terms, other than legal terms, including auditions to or deletions from the 9umli ties originally ordered in the specifications or drawing, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable admanne l shall he made. 6. TERMINATIONS. The Pornmis may at my time by written change order, terminate this agreement as to my or all pormsof the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided Nat the Purchaser shall not be liable for my claims for anticipatd profits on the uncompined 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 m my goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hoemder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is mdww1 8. COMPLIANCE WITH LAW. The Seller wanants the all gods sold hereunder shall have been produced, sold, delivered and famished in mricl compliance with dl applicable laws and regulations m which the gals are subject. The Seller shall exeute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required an be ncoryorated in agreements of this character are hereby mem,porated herein by this reference. The Seller agrees to 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, transfer, or convey this ordeq or my monies due or to become due hereunder without the ,nor written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment materials, and items famished in pmfomunce of this agreement, free and clear of any ad all liens, restrictions, reservations, show, wriest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a data 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 ro be performed by the most expeditions means available to it, and the Seller shal pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my net from all liability and claims of my nature resulting from the performance of such 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 employee of such patty. The Sellers....,ad.1hi,eams, including warmry, shall not be deemed m be reduced, in my way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by react patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of she use of such printed design, device, noweral or process in connection with the contract and shall indemnify the Purchaser for my con, expense or damage which it may be obliged m pay by notion of such infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended use of the goods, is in sorb suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at ins awn expense and at its option, either procure for she Purchaser the right to continue using said equipment or parts, replace she same with substantially equal but noninfringing equipment, or modify it so it becomes nownffinging. 15, INSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver or vusice for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I6. GOVERNING LAW. The definitions of terns ttsd or the interpretation of the agreement and the rights of all parties hereunder shall Es construd under and governed by the laws of the Sue of Colorado. USA. The fallowing Additional Conditions apply only in raze where the Seller is to perform work hereunder. including the services of Sellers Rep notarial lve(s), on the premises of others. IT SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is body completed and accepted and shall, in sou of my accident, denmction or injury to the work major intends before Setters final completion and acceptance, complete the work at Sellers own expense and ro the satisfaction of the Purchaser. When maends and equipment are famished by others for insallamn or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materals and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sellar shall, a his own eapense, provide for the paymentof workers compensation, including mewatumed disease benefits, to in employees employed on or in connection with the work covered by this purchase order, and/or to their dependems 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 bodily injury and death limits of at least E300,000 for my one person, S5W.000 for my one accident and property damage limit per accident of $4W,000. The Seller shall likewise require his convacmrs, if my, to provide for such comparrom on and insurance. Before any of the Sellers or his cootnetors employee shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such wmpmemon and insurance have been provided. Such caroficates slid[ specify the date when such compensation and insurance have been provided. Such certifica es shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained writ after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more r ryonsibili , and liability for my and all damage, loss or injury of my kind or home whassoever 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 harmless the Purchaser and my r all of the Purchasers officers, agents and employees Form and against my and all claims, losses, damages, charges or expense, whether direct or indirect and whether to persons or property or which the Purchaser may be put or subject by reason of my tut action, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or con.acmrs officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in my time on accomr or by reason of any act, action, neglect, omission or default of the Seller of my of his comment or my of its or their officers, agents or employee as aforesaid, the Seller hereby appear to assume the defense thereof and to defend the same at the Sellers own expense, m pay my and all vests, charges, attorneys fees and other expenses, my and all judgments that may be incered by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against rate property of the Purchaser, or said Paribas in or as a result of such scats or other proceedings, the Seller will at onch cause the same en be chexid d and discharged by giving bond or otherwise. The Seller and his contractors shall 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 limitation, the Occupationd Safety and Health Act of 1970 and all miles and regulations Issued persumt thereat. Revised 02Q014