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HomeMy WebLinkAbout128544 FERGUSON ENTERPRISES INC - PURCHASE ORDER - 3214100 (2)PO PURCHASE ORDER 321410er Page Clf�/ of PURCHASE 14100 ' °' z ' `ppearl t Collinsr This number must packing ` V on all invoices, packing sli s and labels. Date: 09/16/2014 Vendor: 128544 FERGUSON ENTERPRISES INC 2321 DONELLA CT FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/16/2014 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 2 Adding additional funds 1 LOT LS 30,000.00 per requisition 48083 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt f state and local taxes. Our Exemption Number is 95-0a502. Federal Excise Tax Exemption Cmificate of Registry RU63( i is registered] with the Collector of hoonsi l Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26. 114 (a). Cracks Rejected. GOODS REJECTED due to failure to meet sped fications, either when shipped or due W defects of damage in hamil, may be returned to you for credit and are not to be replaced except upon receipt of wdaen instmetmns from the City of von Con ins. Impemion. GOODS are subject W the City of Too Collins inspection on arrival. Final Acceptance. Receipt, of the merchandise, serve. or equipment in response to this order can result in authorized payment on the Pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Facil Terms. Shipments ram, be EO,R„ City of Fort Collins, Ioo Wood Sr. Pan Collins, CO 80522, unless otherwise aPecifiedon this order. If Permission is given to prepay freight and charge sessu ely. the original Frtight bill must accompany arrive. Additional changes fro Wit,, 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 are made from greater distance. Permits. Seller shall parent, ad sellers sale cast all necessary perm o. certi ,sues and licenses acquired by all applicable laws, regulations, ordinances and roles of the stare, municipality, terrimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability all loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirements. Authori ation. All parties to this contact agree that the representatives are, in fact, been fide all possess full and complete authority to bind said Panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemeroary or additional terms and conditions annexed herem or incorporated herein by reference. Any additional or different morns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. 1IL17ASE ADVISE PURCHASING AG EN Iimmediately if you cannot make...... re shipment m amve an your promised delivery date u noted. Time is of the..score. Delivery and perflromeme muss be effected within the lime stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for Jmnages. However, ale Seller shall not be liable f damages as a much of delays due to muses nor ream=bly fonareable which sm beyond its reasonable control and without its fault of negligence, such scat of Gad, ants of civil or military endemics, governmental priorities, fires, strikes, flood, epidmties, asset or riots provided that notice of the conditions causing such delay u given to rise Purchaser within five (5) days of the time whm rate Seller first received knowledge heremf. In the event of any such delay, rise dam a(delivery shall be extended far the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, unieles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be lit far the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a rmilar denture. The Seller agrees to hold the purchaser hamrless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make Rival, without rust to the purchaser, any defects or faults arising within one (1) year or within such longer pmed of time m may be prescribed by law or by the menu of any applicable warranty provided by the Seller after rate dam of acceptance of the good fitmishnd hereunder (mcepdance not W be umeuombly delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of good by the Purchaser shall not co=titute A waiver artery claim under this wananry. Except as otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages proximately waved by the breach army of the foregoing warmarms or guarantees, but such liabiliry shall in no event include loss of paofit or 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 TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions form the quantities originally ordered or the specifications or drawings by verbal or writer change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjusemmt shall be made. 6.I'ERMINATIONS- ITe Purchuer may at any rime by waimm change order, mami=re this agmenem as W any or all pocar- of the goads than net shipped, subject to my equitable a 1perament between the parties or any work or materials then in Progress Provided that the Purchaser shall not be liable for any claims for anticipated profit on fie uncompleted portion of the good andtor work, for incidental or consequential damages, and that no such adjustment be made in furor of the Seller with respect to any goods which arc the Sellers standard stock. No such contraction shall relieve the Purchaser or he Seller of any of their obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most Ire asserted within thirty (30) days from the date the change or maturation is ordered. g. COMPLIANCE WITH LAW. Ile Sella warrants that ali goads sold hereunder shall have been produced, sold. delivered and fumhhed in shin eompliance with all applicable laws and regulations m which the goods am subject The Sella shall execute and deliver such docmnress as maybe required W effect or nideme compliance. All laws all regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees ro indemnify and hold the Purchaser haamless from all cost 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 order, or any monies due or to became due hereunder without the prior written consent of the other party. 10, TITLE. The Seller wamouts full, clear and unrestricted title to me Purchaser for all equipment, materials, all items furbished in performance of this agreement, foe road clear of any and all liens, resrricrione, reservations, security interest encumbrance and claims of others. I I. NONWAIVER. Volume of the Purchaser to insist upon inner performance of the terms and conditions hereof, failure or delay to examise eery rights or remedies provided herein or by law, failure W Promptly rmdify rise Seller in the event of a breach, the acceptance of or payment for goods hareunder or approval ofthe design, shall not release rate Sella 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 any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, its m any prior or subsequent derail, hereunder, nor shall any purpned oral modification or rescission of this purchase order by ,he Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mergnire that in act=I a uric number, o rchmges resulting from co ined violations are m fact home by the Purchaser. Themmfore aue far good came and as consideration for excepting,his purchase order, the Seller hereby seaigas m the Pensioner my roll all claims it may now have or hcrtator sequirN under federal or stare amimut laws fro such overcharges relating to roe Nniculm goods or services purchased or acquired by rate Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comes, nonconfmming or defective goods by a date In be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser may cause the work to be perforated by the now, expeditious means available W i,, and role Seller shall pay all rest associated with such work. The Seller shall release the Purchaser and its comments of my her from all liability and claims of any =lure residing from the performance of mesh work. This rdeue shall apply wen in the event of fault of negligence of the parry released and shall extend to the directors, oRcess and employees ofsuch pray. The Sellers contractual obligations, including waman,y, shall tar be deemed to be reduced, in any way, becto we such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required W use any design, device, wea emd or process covered by lever, parent, tidemark or copyright, the Seller shall indemnify vad save harmless the Purchaser from any and all claims for infringement by macro of the use of such patented design, device, material or process in connection with the commU, 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 said equipment, or any pan thereof or the intended use of the goofs, is in such suit held to constitute infringement and the ase of said equipment of pan is rejoined, the Seller shall, a, it owo expense and at its option, either Former for the Probaser the rich, W continue ma, said equipment or pans, replace ,be same with substantially equal but noninMnging equipment, or modify it so it harmer noninfringing. 15. INSOLVENCY. If the Seller shall become moohent or barr mpr rake an assignment for the bencth of creditors, appoint a receiver or ounce for my of the Sellers property or business, this order may forthwith be canceled by the Purchuer without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be omtmed under and guvemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in causes where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premism of others. lI. SELLERS RESPONSIBILITY. The Seller shall ,any on said work at Sellers own risk until the same is fully completed and accepted, and shall, in eau of any accident, destruction or injury m the work read/., mmenah bef Shcets Gmal ram deft.. and mceptance, romplede the wort: at, Sellers own expeme and to the satisfaction of the Purchuer. When nmterials and equipment are fuunished by oNer, for installation at, erectian by the Seller, take Seller shall receive, uNoad more and handle more at the site and become reponable therefor as though such materials andtor equipment were being famished "a, Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational domr,i, henefirs, W its employees employed on or in ennection with the work covered by this purchase order, :=Nor to their dependents 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, bar no, limited I., ccifiew seal and automobile public limal try insurance with txNily injury and death limits of w least 5300,000 for any one Person, S500,000 for any one accident and property damage limit Per accident of Sg00,000. The Seller shall likewise require his contractors, if any, an provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall f ish the Purchaser with a cer ificam that such compensation and resonance have been provided. Such certificates shall specify the date when such compemmion and insttrmkce have been provided. Such certificates shall specify the date when such compensation all insurance expires. The Seller agrees that such compensation mN 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 resp=ibility and liability for any and al I damage, loss or injury of any kind or nalum whatsoever to persons or propcny caused by or resulting from the execution offle work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless he Purchaser and any call of the Pumhmofficers,nts ers ageand employees from and against any and all claims, losses, damagu, harges or expenses, whether direct or indirect, and whether W Persons or property to which the Purchaser may be put or subject by remain of any rot, ration, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olfic,rs, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents o employees at my time on account or by =son of any act action, neglect, omission or default of the Seller of my of his commerce, or my of its or their ollicess, agents or employees as afaressid, the Seller hereby agrees to assume date defense thereof all to defend the same at Like Sellers own expense, to pay my and all east, charges, attorneys fees and other expense, any and all judgments that may be incurred by or obtained agahut the Purchuer or my of its or their officers. agents or employees in such suits or other proceedings, and m case judgment or other lien be placed upon or obtained against the property ofthe purchmeq or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take all safety precautions, famish and install all guards necessary for the prevention of weidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Aa of 1970 and all miss and regulations issued pursuant thereto. Revised 07n014