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HomeMy WebLinkAbout107395 HD SUPPLY WATERWORKS - PURCHASE ORDER - 3215220PURCHASE ORDER PO Number Page City of PURCHASE 32s22o t of 2 ' `tCollins/ Thisnumbermustappear ` �.I on all invoices, packing sli sand labels. Date: 01 /12/2015 Vendor: 107395 Ship To: WATER UTILITIES HD SUPPLY WATERWORKS LTD CITY OF FORT COLLINS 9451 YOSEMITE STREET 700 WOOD ST HENDERSON CO 80640-8020 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 i 2015 Blanket Order Water/swer misc. 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@fogov.com 1 LOT LS 25,000.00 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 1. COMMERCIALDE AILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered wit the Collector of For lure of the Purchaser to insist upon strict performance of the terms and conditions hemf, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamens 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rgected. GOODS REIECTED due to failure to meet specifications, either when shipped or due m defects of any 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 rammed to you for credit and are rent to be replaced except upon receipt of written purchaser to insist upon strct performance hereof or any of its rights or remedies as many such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted as 10 any prior or subsequent defult harearder, nor shall my purponal oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS am subject o the City of Fort Collins inspection on arrival. hermf, Fine! Acceptance. Receipt of the merchandise, se r equipment in response to Nrn is order eresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser roopiae that in actual enc practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. No1ffiow are in fact home by me Purchaser. Tberemfore,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, IN Wood St. Fort Collins, CO 80522, unless acquired under federal or state mtitrost laws for such overcharges relating to the particular goods or services otbarmse specified on Nis order. Ifpemdssion is given to prepayfreight and charge separately, me original freight purchased or acquired by the Reenter pursuant to this purchase order. bill most accompany invoice. Additional charges for poking will rat he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dirdbuting points in various pans of the country. shipment is If the Purchaser directs the Seller m comecr nonconforming or defective goods by a" a to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Pmchaser and the Seller, and the Seller thwuIler indicates its inability or unvillingness to comply, the Purchaser shipments are made from greater distancemay cause the work to be performed by the most expcdtious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permirs, cenifcates and licenses required by all applicable laws, regulations, ordinances and me, of the state, municipality, territory or Poldind subdivision where the work is perfbrmed or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agras to hold the City of Four Collins harmless from and against all liability and has incurred by room by reason of an assened or established violation of my such laws, regulations, ordinances, rules Lend requirements. Amhonaation. All pries to this contact agree that the representatives are, in fan, bona fide and possess full and complete authority to bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set town and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difTerem teens and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anive m your promised delivery data as noted. Time is of the essence. Delivery and performance most IN effected within the time stated on the purchase order and the documents attached hereto. No users of the Purchasers including, without limitation, acceptance of pmial late deliveres, shall Weate as a waiver of this provision. M the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 are bavand its reasonable control and without its hurt of negligence, such acts of God ads of civil or miliary authorities, pvemmmtd priorities, fires. strikes. Flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when me 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 broadly lost by reason of the delay. 3. WARRANTY The Seller warrants that all goods, mieles, materials and work covered by this order will conform with applicable drawdnga, specifications, swnples w&w other descriptions given, will be fit for the puryosss intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breech of warrants The Seller shall replace, repair or moke good, without not to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by me toms of any applicable warranty provided by the Seller after me data of acceptance of the goods famished hereunder (acceptmee not to be unreawnably delayed), resulting from impeded or defective work done or materas furnished by the Seller. Acceptance or use of goods by the Purchaser shall ant conmmte a waiver of my claim under this wanmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warrantias or guarantees, but such liability shall in no event include loss of prefix 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 wnnen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes not the terms, other then legal terms, including additions or or deletions from the quantities originally ordered in the specifications or drawings, by verbal or worm change order. If my such change adiects the amomt due or the are ofarformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement m to any or all punions of the goods then not shipped, subject to my equitable adjustment between the pries as to my work or materials men In progress provided mat the Purchaser shill not be liable for my claims for anticipated profits on the uncompleted potion of the goods and/or work, for incidental or consequential concepts, and that no such Aturmant be made in favor of the Seller wits mail to my goods which are the Sellers standard stunk. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to my (Nods delivered hereunder. 7. CLAIMS FOR ADIUSTMEM1T. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold. delivered and furnished in stdn compliance with all applicable laws and regulwards m which the goods are subject. The Seller shall execute and deliver such dwuments as may be required m effect movfderace compliance. All laws and regulations required to he dcarpamral in agreemmis of Nis stations, am hereby inmryoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all caste and damages suffered by the Path.. as a result of the Sellers failure to comply with such law. 9, ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without me prior omen commit of the other lady. 10. TITLE The Seller warrants full, clear and anowrided tide to the Purchaser for all equipment materials, and items famished in pedorman a of this agreement free and clew of my and all diem, resuirions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature esulting from she performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shill extend to the Nrators, oMo. and employees of such parry. The Seller's comvactual obligations, including warrmry, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use my deign, device, materiel or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save hamdeas me Purchaser from my and all claims for infringement by reason of the use of such patented design, device, candenal or process to exmection coif the contact, and shall indemnify me Purchaser for my con, expense or damage which it may be abliged to pay by reason of such infringement at my time coring the prosecution or after the completion of the work. In case said equipment or my pm therm(err the intended use of the goods, is in such sort held to constitute infn tgement and the use of said treatment or Pan is enjoined, the Seller shall, be its own expense and at its option, either procure for the Purchaser the right to motion, using sold equipment or parts, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes nonafnnging. 15.INSOLVENCY. If the Seller shall become insolvent or bmkmpt make can assignment for the benefit of creditors, appoint a receiver or costa for my of the Sellers property or business, this order my forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretwon of the agreement and the Lights of all parties hereunder shall be cunsuued under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in taxes where me Seller Is in perform work hereunder, including the services of Sellers Represenadved), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry an said work an Sellers awn risk undl Lim same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work mEw materials before Selies final completion and accepance, complete the work w Seller's own expense all to the satisf anion of the Parchaser. WI m materials Lord equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, score and handle same or the site and become responsible therefor as though such materials andlor equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation including occupational disease benefits, to its employees smploved on or in connection with the work covered by this purchase order, andrur m their depmdmts in accordance with the laws of me state in which the work is to he cane. The Seller shall also wary comprehensive general liability including, but not limited m, contraband and automobile public liability insurance with bodily injury and death limits of a least S3oo,000 for my one Person, S500,000 for any one accident and propcm damage limit per accident of 5400,000. The Seller shall likewise require his contractors, Hardy. to provide for such compensation and insurance. Befare my of the Sellers or his convectors employees shall der my work upon the premises of others, the Seller shall famish the Purchaser with a certificate Nat such compensation and insurance have bear provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such cerdf cams shell specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me earn, work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the eoum responsibility and liability for my and all carnage loss or injury of my kind r rumre whatsoever 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 my or all of me Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act action, neglect, omission or default on the pm of the Seller, my of his contractors, or my of the Sellers or contractors olEcam, agents or employees. In case my suit or other proceedings shall be brought agairest the Purchaser, or its officers, agents or employees at my time on account or by reason of my act action, neglect, omission or default of me Seller of my of his conumtors or my of its or their oRcers, agents or employees se, aforesaid the Seller hereby agrees to assume the defense hermf and to defend the same ar the Sellers own expense, to pay my and all costs, charges, moneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, almost or employees in such suits or other proceedings, and in case judgment or other list be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such 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 contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wim regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all m m and regulations issued pursuant (hereto. Revised o9R014