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HomeMy WebLinkAbout481386 HELLMAN SUPPLY SOLUTIONS INC - PURCHASE ORDER - 3212276PURCHASE ORDER PO Number Page City Of3212276 t of z `t CollinsChis number must appear ' ton all invoices, packing slips and labels. Date: 01/2312012 Vendor: 481386 Ship To: WATER UTILITIES HELLMAN SUPPLY SOLUTIONS INC CITY OF FORT COLLINS c/o TIM HERGETT 700 WOOD ST 11913 W 170 FRONTAGE RD N FORT COLLINS Colorado 80521 WHEAT RIDGE Colorado 80033 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket order 1 LOT LS 10,000.00 Water Utilities Dept. Total $10,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local Lam. Our Exemption Number is I L NONWAI VER. 9R-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is mgistered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised StaNtes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Gods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall nod he deemed a waiver ofany right of the damage in transit. may be mormed to you for credit and arc not to be replaced except apart receipt of written purchaser to insist upon strict performance h ncofor any of its rights or remedies as to anv .such goods, regardless instructions farm the City afraid Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nut shall any purported onl modification or rescission of this purchase order by the Purchaser operate .as a waiver of any of Ilm terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this ender 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 that FINAL Seller and the Purchaser recognize that in actual economic practice mcrcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable mquimd inspection procedures. violations arc in fact borne 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 must be F.O.H., City of Four Collins, 700 Woad St.. Fort Collins, CO 80522. unless acquired under federal or state amitmst laws for such overcharges rclzling to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pu mant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments arc 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 roles of the state. municipality, territory or polittenl subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the .,it of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. onlinanecc rules and requirements. Authorization. All parties to this contract agree that the representatives 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 tomes and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sellerare objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without linnimtion, acceptance ofrodial Tale deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other Icga1 and equitable remedies, the option ofplocing this onlet elsewhere and holding the Seller liable for damage,. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such act of God, acts ofcivil or military multitudes. governmental priorities, fins, std acs, Hand, epidemics, sums or riots provided that notice of the conditions causing .such delay is given to the Purehascr within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants that all gads. anicics, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. will M fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser hamlcss from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of avamnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods burnished hereunder (acceptance not to be Unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty, 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 a:amntics or guarantees. but such liability shall in no event include Inns ofrearfls or loss ofiec. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifcations or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomnne, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wntrcn change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages. and that no such ndjnstment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock No such mitainntion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hcrennder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shim, (30) day, from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in mist 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 to 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 costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the poor written consent of the other party. 10. TITLE. The Seller want, full, clear wad unmstdeted till, to the Purchaser fro all equipment, materials, and items famished in Performance of this agrmment, free and clear of any and all liens, rostrictions. reserations, security interest eneumbmnees and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unit illingness to comply, the Purchaser may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay atl costs associated with such work. The Seller shall release the Purchaser and its contractors of army tier from all liability and claims of any union, resulting from the performance ofsuch work. This rcicase shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is perfnmed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcgnimd Ira use any design, device. material or pmccss covered by hurt. patent, trademark or coPyTight, the Seller shall indemnify and sure hamlcss the Purchaser from any and all claims for infringement by reason of the use of sash patented design, device, material or pmccss in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of,ach infringement at any time during the prosecution or author the completion of the work. In case said equipment, or any part thereof or the intended use of the 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 at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninthinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller skull become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or taste, for any of the Sellers property or business, this order may forthwith he canceled by the Pumh... without liability. 16. GOVERNING LAW, The definitions mftcrms used or the interpretation ofthe agreement and the rights ofall parties hercander 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 Scllcrs Representative(,), on the promises ofmhers. 17. SELLERS RESPONSIBILITY. The Scllcr shall curry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any 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 famished 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 materials and/or equipment were being famished by the Seller under the order. IR. 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 the work covered by this purchase order. and/or 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 not limited Co. contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 fair any one pervm. S590,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, i1any, to provide for such compensation and insurance. Before any of the Sellers Or his c lumeli rs cnptnyecs shall do any work upon the promises ofothcrs. the Seller shall furnish the Purchaser with a ecnifieate that such comperi atimn and insurance have been provided. Such cenificmcs shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until ide, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssumcs the entire responsibility and liability for any and all damage loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting farm the execution ofthe work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lot es. 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 any act, action, neglect. emission or default on the pan of the Seller. any of his contractors. or any of the Sellers or contractors oRcen. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason array act, action, neglect. omission or default of the Seller of tiny of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some al the Scllcrs men expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any 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 of the Purchaser. at slid panics in or as a result of such suits or other proceedings, the Seller will at once cause the more to be dissolved 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 Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant Ihcrctn. Revised 03/2010