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HomeMy WebLinkAbout128544 FERGUSON ENTERPRISES INC - PURCHASE ORDER - 3215211Fort Collins Date: 01/12/2015 Vendor: 128544 FERGUSON ENTERPRISES INC 2321 DONELLA CT FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215211 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 1 2015 Blanket Order Water/sewer supplies 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 1 LOT LS 10,000.00 $10,000.00 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 Fort Collins is exempt from stare and local taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Imemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejened. GOODS REFECTED due to failure w meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of winners instructions from the City ofFort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, servicas or equipment in response to this order can result in actdwved 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 requiredinspection procedures. Freight Teens. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay, freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dighboar, points in various parts of the court shipment is expected from the nearest distribution point to elimination, and excess freight will he deducted from Invoice Men shipmo ns are made from greater distance. Permits. Seller shill procure at sellers sole cosh all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or pellucid subdivision where the work is performed, or required by any other duly cangitmed 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 urzed by them by reason of an .,amid or established violation of any such laws, regulations, ordinances, rules lad recur rement,. Authoneemon. All panes to this warrants agree that the represmwives are, in fees, bona fide and possess full and complete auho sty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set form and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seler are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complae shipment to source m your promised deliverydam as noted. Time is of the essence. Delivery and gerfomhance must be effected within the time drum on the purchase order and the documents asuched hereto No was of the Purchasers includin& without limitation, acceptance of putid late deliveries, shall operate Our a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedes, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages. a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such mer of Gad, acts of civil or military amhonbes, wvemmenW priontia, fires, sinkes. Baud 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 whom she Seller first received knowledge thereof In the event of any such delay, the date of delivery shall W extended for the Period equal in the time actually log 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 cue and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or gene which the Purchaser may suffer or cartoon account of the Sellers breach of warraaty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within soon longer paned of time u may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Furbished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend w all damages proximately caused by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 menu' by whim change order 5. CHANGES IN COMMERCIAL TERMS. The Purchwer may make any changes to the arms, other than legal to or deletions additions to deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such chmge affairsthe amth oom due or e time ofperformanan ce hereunder, equitable w unmens shell bemade. 6. TERMINATIONS. The Purchaser may at any time by written change order, terming¢ this agreement as to any or of portions of the good then not shipped. subject to any equitable adjustment bnween the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted potion 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 re any goods which are the Sellers smndaN stock. No such nomination shall relieve the Purchaser or the Seller of any of their obligations. to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most the seemed within thirty (30) days from the date the drange or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that ell goods sold hereunder shot have been produced, sold, delivered and Furnished in gnat complimce with all applicable laws and regulations in which the gwd are subject. The Seller shill execute and deliver such documents. may be required in effect or evidence compliance. All laws and regulations required to be nwryotased in agreements; of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from di eager and damage, suffered by the Purchaser as a result of the Sellers failure w comply with such law. 9. ASSIGNMENT. Neither parry shill assign, thaugg, or curve, this order, or my monies due or to become due hereunder without the prior whom eVpearn of the other parry. 10. TfrLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, contends. and items fumished in performance of this agreement Bee and clear of my and at liens, restrictions, reservations, secudry interea encumbrances and claims of riders. 11. NONWAIVER. Failure of the Purchaser to Insist upon inner performance of the terms and conditions hereof, failure or delay On examisy rights or remedies providedrc herein or by law, Fail he promptly notify the Seller in the event of a breach.tanthe acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any night of the prodhaer to insist upon strict performance hereof or my of its rights or remedies as to any such gwd, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temps hermf, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reoognim tact in actual economic practice, overcharges resulting from antimisr violations are in fan home by the Purchaser. Theretaforefor good cause and eas consideration for executng this purchase order, the Seller hereby assigns to sae Purchaser any and all claims it may now base or hereafter acquired under federal or gate summit laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller as correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and life Seller thereafter indicares its inability or unwillingness so comply, the Purchaser may cause the work w be performed by sae coon expeditious means available to it, and the Seller shall pay all wen associated with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fait of negligence of the parry released and shall extend On the direcwm. officers and employees of such parry. The Seller's contractual obligaums, including narrmry, shall not be deemed to be reduced in any way, beoaue such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, vademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, materal or process in commission with the contract and may indemnify the Purchaser for any cog, expense or damage Which it may be obliged to pay by reason of such infringement at any time during the prosecution or tiler the completion of the work. In case said equipment or my pan thereof or the intended use of she good, 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 for the Purchaser the right in continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes no rnfnnging. 15. INSOLVENCY. If sae Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or mote, for any of the Sellers prong" or business, this how, may forthwith be cmceled by the purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agmemem and S. rights of all parties hereunder shall be construed under and gosemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cues where the Seller is he perform work hereunder including the services of Sellers Represmtetive(s), oa she premises f.dams ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work a Sellers own nark until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and uceptance, complete de work at Sellers own expense and to the satisfaction of the Purchaser. When materias and equipment we burnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same m the me and become responsible therefor . though such materials and/or equipment were being fumished by the Seller under she order. 18. INSURANCE, The Seller shdl, at his own expense, provide for the payment of workers compensation, including occupwiong 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 carry comprehensive general liability including, her not limited to, comractual and automobile public hadmin, insurance with bodily injury and death limits of at loser 8300,000 for any one person, 8500,000 for any we accident and property damage limit Per accident of S401" The Seller shall likewise require his connanors, if any, no provide for such compaecation and insurance. Before any of the Sellers or his sannzcwrs employees shall do any work upon the premises of others. the Seller shill famish the Purchaser with a cmifers. that such compensation and insurance have been provided. Such comforting shall specify the dam what such compensation and insurance have been provided. Such certificates shall speify the dam when such outrageousness and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the enure work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby estimate, the more responsibility and liability for any and ad damage, loss or injury of my kind or moues whassoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and egdns, ary and all chins, losses, damages, charges or expenses, warder 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, omission or default on the pan of the Seller, any of his enactors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other prweodngs shall be brought against the Purchase, or its officers, agents or employees in my time on account or by reason of my act action. neglect omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesdd the Seller hereby agpea to assume the defense doming and w defend the same in the Sellers own cap ai w pay my and all costs, charges, moneys fees and other expense, my and dl judgments than may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or said parties in or as a resuh of such suits or other proceedings, the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ell safety precautions, Enough and inoall di guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without housing, the Ocwpanoned Safety and Hmlth Act of 1970 and dl rules and regulations issued pursuant demon Revised 012014