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HomeMy WebLinkAbout128544 FERGUSON ENTERPRISES - PURCHASE ORDER - 9150061PO PURCHASE ORDER 9150061 Page City of PURCHASE 9150061 1 of z ' `tCThis number must appear Collins1 on all invoices, packing sli s and labels. Date: 0110712015 Vendor: 128544 Ship To: WATER UTILITIES FERGUSON ENTERPRISES INC CITY OF FORT COLLINS 2321 DONELLA CT 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WATER PIPE & ACCESSORIES 1 LOT LS 10,977.24 0817835 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 $10,977.24 Pay terms net 30 days 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 ems end local cox.. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is regisured with the Collector of Internal Rev.., Denver, Colorado Her, Colorado Revised Statutes 1973, Chapter 39-26, 114 nd, Goods Rejected. GOODS REJECTED due to failure to meet sped ficitions, either when shipped or due to defects of damage in transit, may h manned to you for credit and ve not to be replaced except upon receipt of wrinen insuucrions from the City of Fort Collins. Inspection. GOODS sm subjarao be City of Fort Collins inspection on nnical. Final Acceptance. Receipt of the merchandise, services or equipment in impose to this order am result in ardsourned payment on Be pan of the City of Fort Collis. However, it isto be undenaod thatFINAL ACCEPTANCE is depeMem upon completion Of all applicable required inspection procedures. Freight Tema. Shipments mnst be ROD., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless othemi a specified on this oNer. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will car be accepted. Shipment Dktance. Where motufarmen have dktribuling points in adore+ Pans of Be country, shipment is expected from the named distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distame. Permits. Seller shall procure at sellers sale cosr all na omy pmnits, artificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality. Runty, or Political subdivision whore the work k performed, or required by any other duly co fintmod public authority having jurisdiction over the work of vendor. Seller harmer agren to hold the City of Fort Collins harmless from and natural all liability and loss iwmrrd by them by reason of an warned a established violation of ray such laws, regulations. ordinances, roles and nquimnems. Aunsotivation. All panics to this contract agree that the representatives ere, in fact, ham Ode and possess full and complete authority to bind said Fati.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the .. and conditions stated herein set foM and any supplementary or additional terms and condition annexed herem or incorporated herein by reference. Any additional or different coma and conditions proposal by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdimdy if you cannot make complete shipment to arrive on your promised delivery date ns noted. Time is of Be esmme. Delivery cad performance must be effected within the time stated an the purchase order and the documenu a0ached hems. No acts 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, be Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable far damages as a result of delays due to muses not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, rod, 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 when the Seller first received knowledge thereof. In the went of any such delay, the date of delivery shall be extended for the period equal to the time actually last 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 Performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the pumhrser harmless from any loss, damage or expense which the Purchaser may sulfur or incur an account of me Sailers breach of warranty. The Seller shall replace, repo it or make good, without a suo be puahro r, any defects or faults arising within one (1) year or within such longer prod of time as may be preseason by law or by the terms ofany applicable wonanty provided by the Seller after me date of acceptance of the goods Famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or rue of gaods by the Pmck ser shall or onstitute a waiver of my claim under this warranty. Except s otherwise provided in this purchase order, the Sellers liability hereunder shall extend to in damages pmaimmely aimed by the breach of any of the furegolng warranties or guamntas, but such liability shall in m event include lass of profits or loss crude. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tens by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Pur<hmer may make any changes m the terms, other then legal coma, including additions to or delalom from be quantities originally ordeal in Be spaifimtiom err drawings, by venial or wrinen change order. If my such change affects be amount due or the time ofperfmmunce hereunder, an equitable djn.stment shall he male. 6. TERMINATIONS. The Purchser may at my time by wrinen change order, f ornimte this agreement as to my or all positions; of Be goods then not shipped, subject to my equitable djustmed bawe<n the ponies as to any work or mandrials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on Be uncompleted partirn ofine goods and/fir work, far incidental or enmequenrul dump., and that no such djnstmcnr be made in favor ofine Sella with respect to my goods which art du Sellers stadad stock. No such conduction shall relieve be Purchassr or be Sella ofory oftheir obligation as m my goods delivered heteunda. T CLAIMS FOR ADJUSTMENT. A, claim for djuswem must be acsmd within thirty, (30) days from the doe be change or remnimtim is ordered. 8. COMPLIANCE WITH LAW. The Sella wamnts but all good sold hereunder shall have been produced, sold, delivered and f uhd in strict ompliance wins all applicable laws and regulations to which the goods are sabjea. The Seller shall execute and deliver such d«umma s may be required to effect or evidence compliance. All has end regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Be Purchaser hand. from nil costs anal damages sulfated by the Pmchmer s a result of the Sellers failure to comply with such kw. 9. ASSIGNMENT. Neither party shall assign, transfer, or compy this order, or my monies due or to become due hereunder without the Prior wrinen cammt of be omen pray. 10. TITLE. The Sella wammN full, clear and command title to the Purchaser for all equipment, mamals, ad it. funrnished in performance of this agreement, firs and clear of any and all liens, restrictions, rmervatlom, security interest encmnbma<es and claims father. ILNONWAIVER. Failure of be Purchaser to insist upon strict performance of the terra and conditions hereof, failure or delay to exeronc any rights or remedies provided herein or by law, failure to promptly notify be Seller in be event of is breach, be acceptance of or payment for goods hereunder or approval or be design, shall not release the Seller of any of be wanducto or obligation¢ of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hoomfor my of its rights or remedies as to any such goads, regardless of whm shipped, received or accepted, us to my prior or subsequent default hereunder, nor shall any Frustrated mal modification or neuissum of this purchase order by the Pmcbaer .,.to as, a waiver of any of the to. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser raopixe that in antral economic practice, ovrn'hanga resulting from antitrust violations are in fact bome by the Purchaser. Theretofomfar good cause and as comidemtim for executing this purchase order, Be Seller hereby assigns to the Purchaser my nand all claims it may now have or hereafter acquired under, federal or state antitrust laws for such overcharges relating to be particular goods or services purchased or acquired by Be Purchaser pursuant to Nis purchase radar. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If Be Purchaser directs Be Seller to cones rmrcvnforming a def Live goods by a&te to be agreed upon by the Purchaser and the Seller, and the Seller NereaRer indicats its inability or unwillingness to comply, me Purclumor may cause the work to be performed by the most expeditions mass available to it, and the Seller shall pay all costs command with such work. The Seller shall Meow the Purebusa and in contractors of my him from all liability and claims of my nacre resulting from the performance oftech work. This release shall apply even in Be event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be demand to be reduced, in my way, because such work is performed or mused to be performed by me Purehua. 14. PATENTS. Whenever be Seller is required to use my design, device, maternal or process covered by Imer, pant, trademark or copyright, me Seller shall indemnify and save humless the Purchaser from any and all claims for infringement by reason of me use of such paternal design, device, material an pa. in connection with the contract, and shall indemnify be Purchaser for any cost, expense or dunage which it may be obliged no pay by reason ofsuch iaGmgemem at Any time daring the Franconian or an" the completion or the work. In case said equipment, or my For hereof or Be intended use of Be goods, is in such suit held to constitute infringement and the use of sold equipment or pan is enjoined, Be Sella shall, at its own at'. and at in option, eiNa procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but nuninGnging equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint e or trustee for any of the Sellers property or business, his oNer may forthwith be canceled by he Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or be interpretation ofthe agreement and the rights of all panics hereunder shall be costrual under and governed by the Taws afNe Sum of Colorado, USA. The following Additioml Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellem Representative(s), on the premises oforhers. 17. SELLERS RESPONSIBILITY. The Sella shall cant' on said work at Sellers own risk until Be same is fully completed and accepted, and shall, in u of any incident, d.troetion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Sella, the Sella shall receive, unload, store and handle scone in the site and became responsible therefor as, bough such maeads mWar equipment were being famished by be Seller under be order. 18. MSURANCE. The Seller shall, in his own expense, provide for the Payment of workers compemmion, including occupational disease benefits, to in employees employed on or in wmection with the work covered by this purchase order, and/or to Bear dimensions in accordance with me sews of the state in which the work is to be done. The Seller shall also carry comprehemive general liability including, but not limited to, contractual and automobile public liability insurance wiN bodily injury and dmB limits of at lout S300,000 far any one person, 5500,00o far my me accident and property damage limit per accident of 5400.000. The Sella shall likewise require his ontmeors, if my, to provide for such compensation and insurance. Before my ofine Sellers or his contractors employees shall do my work upon me premises ofomers, be Sella shall famish the Purchaser with a anifirate but such cmnpensatiw and hourance, have been pm.ided. Such certificates shall specify be dam whm such comparisons. and insurance have beenptmidd. Such certificates shall spcciyme dam when such mmpersation and insurance expires. The Sella agrees but such compensation and imurowe shall be maintained until aria the mine work is completed and mceptal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby moumcs be entire roposibiliry and liability for my and all damage, loss or injury ofmy kind r uamre chatsowa to persons or property mood by or resulting from be execution arrive work provided for in this purchase under or in commit herewith. The Seller will indemnify ad hold harmless the Purailationfir and any r all of the Purchasers oRced, agora and employees lions ad agahsr my ad all claims, lases, damages. charges or exprses, whether direct or indiraq, ad whether to Famous or property, to which be Purchase my be put or subject by round of my rot, notion, neglect, omission or default on be, part of the Solid, any of his contractors, or my of be Sellers or contractors officers, agents o employees. In case my suit or other preceedings shall be brought anchor the purchaser, or its oMan, iii or employees or any time ...corm is, by tessw of any act action, neglect, omission or default of be Sella of my of his contractors or my of its or their officers, agents or employees m aforesaid, the Sella hereby agrees to assume be defense mermf and to defend be some at the Sellers own expense, to Pay any and all costs, charge, atomeys fees and other expenses, my and all judgments but may he incurred by or obtained against the Purchaser or any of its or their officers. soon; or employees to such suits or other proceedings, and in ease jdgrom or other lien be placed upon or obtained against me property of the Purchaser, or said panics in or w a result of such suits or offer proceedings, Be Sella will at once muse be same m be dissolvd and diuhargd by giving bond or mindfirise. The Sella and his contractors shall rake ell safety precautions, famish and install all grads necessary for be prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act or 1970 and all rules and regulations issued pursuant thereto. Revised 07/2014