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HomeMy WebLinkAbout128544 FERGUSON ENTERPRISES INC - PURCHASE ORDER - 3212330PURCHASE ORDER PO Number Page City of PURCHASE 3212330 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 128544 Ship To: WATER UTILITIES FERGUSON ENTERPRISES INC CITY OF FORT COLLINS 2321 DONELLA CT 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 6,000.00 Utilities Total $6,000.00 Cam, c3. or�e� U 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxis. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-(4M587 is registered with the Collector of Failure of the Purchaser to insist upon Strict perfomancc of the terms and condition, hercof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39 26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly unripe the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design. shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of tiny of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rcmmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomance hercofor anv of its rights or remedies as to anv such goods, regardless instnetions from the City of Fort Collins. of when shipped, received or accepted, is to any prior or subsequent default hereunder. nor shall any purported onl modification or rescission of this purchase onler by the Purchaser operate as a waiver, of any of the tens Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order 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 thil FINAI, Scllcr and the Purchaser recognize that in petal economic practice, overcharges resulting from antitrust ACCEPTANCE: is dependent upon completion of all applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purehnsc order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tens. Shipments most be F.O.B.. City of Fort Collins, 70() Wad St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othenvise specified on this order. If pemaission is given to prepay freight and charge separately, the original freight purchased unrequited by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to dnnination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most espeditiwus means available to it and the Seller shall pay of costs associated with such work. Permits. Seller shall procure at Sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political suhdiwision where the work is performed, or requirod by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or csmblished vinlation of any such laws. regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact bona fide and possess full anti complete nmhurity to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional firms and conditions annexed hereto or incorporated herein by reference. Any additional or different teats and conditions proposed by sellcr are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 heron. No acts of the Purchasers including, without limitation. acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Pummwr.shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of deloys due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fruit ofncgligence, Such act fGo, acts fcivil at military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time is hen the Sol let First received knowledge thereof. In the event of any Such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, 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 intended, and per( mot with the highest degree of care and competence in accordance with accepted standards for nark of a ,similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, rcpnir or make gad, without east to the purchaser, 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 ofany applicable warranty provided by the Scllcr after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting from 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 warm. my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warmntics or guarantees, but .such liability .shall in no event include loss ofprofits at loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TER vIS. The purchaser may make any changes to the terms. other than legal tens, including additions to or deletions loon the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any .Stich change affects the amount due or the time ofperfomane, hereunder, in equitable adjustment shall be rode. fi. TERMINATIONS. The Purchaser may at any time by wnten change order. teminnte this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncenrplood proven 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 to any good which arc the Sellers standard stock. No such lerminmino shall relieve the Purchaser m the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days from the date the change or termination is entered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are Subject. The Seller Shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be inenrprmted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr hamlet from all cost and damages suffered by the Purchaser as a result of the Sellers fiilmc to comply with such law. 9. ASSIGNMENT. Neither party Shall assign, transfer. or convey this order, or any carries due or to become due hereunder without the prior written consent ofthe other parry. I0.TITLE The Scllcr wamnts full, clear wad unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement frcc and clear of any and all liens, restrictions, resenotions, security interest encumbrances and claims of others. The Seller shall release the Purchaser nod its contractors of any tier form all liability and claims of any nature resulting from the perfnmance ofsuch work. This release shall apply wen in the event of fault of negligence of the pare released and Shall extend In the directors. officers and employees of such party. The Seller's eormactie l obligations, including warntnty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use tiny design, device, material or process covered by letter, patent, trademark Or copyright the Seller Shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the mntmet and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of -such infringement at any time during the prosecution or after the completion of the work. In case slid equipment, or any pan thereof or the intended use of the goods, is in Such suit held to constitute infringement and the use of Said ex,morcnt or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using Said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes nminfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hmkmpt make an assignment for the benefit of creditors, appoint n receiver or trustee for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchaser without Iiahiliry. If, GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws ollhe Sluts of Cnfomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfurm work hereunder. including the services of Sellers Reprcsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Scllcr'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 Scllcrs mvn expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by other for installation or erection by the Seller. the Seller shall mocks. unload. store and handle same at the .site and beano, responsible therefor as though Such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of workers compensation, including oeeupntionnt disease benefits, to its employees employed on or in connection with the work catered by this purchase widen and/or to their dependents in accordance with the It,., of the state in which the work is to be date 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 rat least S300,000 for any one person, $5rmoom for any one accident and property damage limit per accident of $400,0HIO. The Seller shall likewise require his contractors, if any, to provide for soh compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises o mmi-s, the Seller shall famish the Purchaser with a ccnificotc that such compensation and insurance have been provided. Such certificates shift specify the date when Such compensation and insurance have been provided. Such certificates shall specify the date when such compensatim and insurance expires. The Seller agrees that Such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 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 form the execution ofthe work provided for in Ibis purchase orleror in connection herewith. The Seller will indemnify and hold hamlet the Purchaser and any r all of the Purchasers officers, agents and employees man and against any and all claims. losses, damages, charges or exposes, whether direct or indirect. and whether to persons or preperry to which the Purchaser may be pot or subject by reason of any act, action, neglect omission or default on the part of the Scllcr, any of his contractors. or any of the Sellers or contractors officers, 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 of any act, action, neglect, omission or default of the Seller ofany of his contractors 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 mine at the Sellers own expense, to pay any and ill costs, charges atromcys fees and other expenses, any and all judgments that may he incurred by or rblanuut against the Purchaser or any of its or their officers. ,agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or IS B restdt ofsuch suits or other proceedings. the Seller will at once cause the smme to he dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and instill all guards necessay 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 rules and regulations issued pursuant thereto. Revised 032010