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HomeMy WebLinkAbout285263 HD SUPPLY WATERWORKS - PURCHASE ORDER - 9122251City of Fort Collins PURCHASE ORDER PO Number Page 9122251 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04119/2012 Vendor: 285263 Ship To: WATER RECLAMATION - MULBE HD SUPPLY WATERWORKS CITY OF FORT COLLINS 308 N LINK LN MULBERRY & RIVERSIDE FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 04/19/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 1 LOT LS 6,597.00 parts per bid kfm5184793 Total $6,597.00 C./ 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 Teals find Conditions Page 2 of 2 1. COYIMF,RCIAL DETAILS. Tax exemptions. By staNlc the City of Fort Collins k escmpt fmm state and local taxes. Our Exemption Number is 93-M502. Federal E.x<isc Tax Exemption Cenifeam of Registry 94-0000587 is registered with the Collector of Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Statutes 1913. Chapter 39 a_6. 114 (a). Grinds Rejected. GOODS REJECTED due to failure to sect specifications. either whim shipped or due In defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written inshuctions fmm the City effort Collins, Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. Final Acceptance Receipt of the merchandise, services or equipment in rcspoose to this order can result in authorized payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.H., City of Fort Collins, 700 Wood St.. Fen Collins. CO 50522. roles, otherwise specified on this order. If permission is given to prepay freight and charge separa,cly, the original freight hill must accompany invoice. Additional charges for picking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipmcat is expected fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments arc made font greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, eenifieates and licenses required by all npplicablc Inns, regulations ordinances and mles of the state, municipality, territory or political ,subdivision where the work is performed, or required by any other duly constituted public authonty having jurisdiclion over the stork of vendor. Seller furthcr agrees to hold the City of Fear Collins harmless fmm and against all liability and loss incurred by them by reason of an as. cried or established violation of any such laws, rcgolutions, on]innnces, rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess fill and complete authority to bind said partite. LIMITATION OF TERMS. This Purchase Order expre<ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated hcrcin by orfr ctr c. Any additional or different woes and conditions pmposed by seller are ohiccted to and hereby rejected. ?.DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the 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 limitation. acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser 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 delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligcncc. such acts of Gnd, acts ofeivil or militaryauthorities, governmental priorities, fires, strikes. food, epidcmic, scan or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. i. WARRANTY. The Seller wamnt% that all good, amides, materials and work covered by this order still conform with applicable drawings, specifications, mmplcs and/or other descriptions given, will he In for the purposes intended, and performed with the highest degree of care and competence in accoot nce with accepted standards for work of a similar nature. The Seller agates to hold the pareh.ascr harmless from any less, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, wilhmn cos, to the Purchascr, any defects or faults arising within one (1) year or within such longer perind of time as may he prescribed by law or by the terms ofany applicable wammy provided by the SCIICr nOcr the dmc M acceptance of the goods banished hcrcunder (acceptance not to be unreasonably delayed), res,hing from intpermel or defective work done or materials fumisshed by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver of any claim under this warranty. Except as otherwise provided in ,his purchase order, the Scllcrs liability hercunder shall extend to all damages proximately caused by the breach orally of the foregoing warranties or guarantees, bill such liability shall in no event include Ins ofprofit, or loss of lase. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms. other than legal farms, including additions to or deletions fmm the q.mine, nrisinnlly ordered in the speeifiemions or drawing., by verbal or written change enter. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchascr may at any time by unnen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted pinion 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 to any good which are the Sellers standard stock. No such momination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hcramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thin (30) days fmm the date the change or termination is onlcmd. S. COMPLIANCE WITH LAW, The Seller warrants that all gnats sold hemundcr shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall esecutc and deliver such documents us may he required In effect or evidence compliance. All laws and regulations required In he Incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Seller llSmCS 10 indemnify and hold the Purchnscr broadest font all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such last. Q. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, many monies due or to bmomc due hcrcunder ai,hont the prior written consent of the other puny. IO.TITLE. The Seller warm at, full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in perfomanec of this agreement free and dear of any and all liens. restnctions. reservations. security interest encumbrances and claims nfothen. 11. NONWAIVER. Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to pmn,pt]y notify the Seller in the event of a breach, the acceptance ofor payment for goods hemender or approval of the design, shill not release the Seller of any of the nim ties or obligations of this purchase order and shall net be deemed a waiver of any right of the purchaser to insist open strict performance hcox for any ofits rights ar remedies as to any such goods, regardless of when shipped. received or accepted. as to any prior or subsequent default hereunder. nor shall any purported nil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcmnf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust vinlaurn, are in fact home by the Puchascr. Thcrctoforc. for good cause and as consideration for cseemin , this purchase order. the Seller hereby as. igns to the Purchaser any and all claims it may now have or herea0cr acquired under federal or .state antitrust laws for such overcharges relating to the pnniculnr goods or SCIviceS purchased cr acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the 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 unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller 0,11 pay all costs nsseerawd wilh such work. The Seller shall rdcam the Purchaser and its contractors of any tier from all lialdboy and claims of any nature resulting from the performance of such work. This release sl nll apply even in the event of fault of negligence of the party released and shall extend to the directors, offccts and employees of such party. The Seller's contractual obligations, including wamnre. shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfnmcd by the Puchascr. 14. PATENTS. Whenever the Seller is squired 10 use any design, device. material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save brimless the Purchaser fmm any and all claims for infringement by ..no of the use c f such patented design, dn'ice, materal or process 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 ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said 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 equipment nr pan is enjoined, the Seller shall. at its own expense and al its option, either procure for the Purchascr the right to continue using said equipment or pans. replace the sume with substantially equal but nnninfringing equipment, or modify it so it becomes nnnialringing. 15. INSOLVENCY. If the Seller shall beenna, insolvent or bankrupt, make an assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or busincc, this order may forthwith he canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions of terms used or the m etprcta,ion ofthe agreement and the rights of all panics hereunder shall be constmed under and governed by the laws of the Slate of Colorado, USA: 11n, following Additional Conditions apply only in cases where the Seller is In perform work hcrcunder. including the vertices of Sellers Representative(s). on the premises of oders. 17. SELLERS RESPONSIBILITY. the Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and Shall, in ease of any accident. destruction or injury to the work and/or mulcria]s before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipmen, are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same in the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. I A. INSURANCE. The Seller shall. at his own expense, pmvide for the payment of,vorkca compensation. including occupational disease benefits. to its employee, 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 dens.. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and m,mmnhile Public liability insurance with bodily injury and death limits of at ]cast S300,600 for may one person. S500.000 for any one accident and property damage limit per accident of S404IXJ0. The Seller shall likewise require his conunnors, if my, to provide for such compen,ation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchaser with a certificate that such compensrain l and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insunnee have been pmvidcd. Such ccnificata shall specify the dmc when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby ammons the entire responsibility and liability for any and all damage, luss or injury of any kind er nature srhrtsoc,c, to persons or pmpcmy caused by or msu]ting fount the excnnion of the work provided for in this purchase order or in connection herewith. The seller will indemnify and held hmm]ec the Purchaser and any or all of the Purchasers oficem, agents and employees four and against any and all claims, losses damages charge: or expenses, whether direct or indirect. and whether to persons or property to which the Puchaser may be put or subject by reason of any ncl, action, neglect, omission or default no the pan of the Seller, any of his contractors, nr any of the Sellers or contractors officers. agents or employees. In case any San or Other proceedings shall be brought against the purchaser. or its oflicen, agents or employees at any lime on account Or by reason of any net. action, neglect, omission or defnnll of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assunm the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, mtomeys fees and other expenses, any and all judgntc,us Ihut only be incurred by or obtained against the Purchaser Or any of us or their officers. .agents or employees in such Suits or other proceedings, and in case judgment or other lien be placed upon Or obtained ligninsl the property of the Purchase, or said panics in or as a result of Such suits or ether proceedings, the Seller will at once cause the came to be dissolved and discharged by giving bond or ml,envi,se.'The Seller and his contractors shall take all .safety precautions fi,mish and install all guards necessary for the prevention of ,accidents, comply with all lasts and regulations with regard to safety including, hilt oithont limitation, the Occupational Safety and Health Act of 1970 and nt1 odes rand regulations issued pursuant theme. Revised 0312010