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HomeMy WebLinkAbout481386 HELLMAN SUPPLY SOLUTIONS INC - PURCHASE ORDER - 3215221Fort Collins Date: 01/12/2015 PURCHASE ORDER PO Number Page 3215221 1o12 This number must appear on all invoices, packing slips and labels. Vendor: 481386 Ship To: WATER UTILITIES HELLMAN SUPPLY SOLUTIONS INC CITY OF FORT COLLINS c/o TIM HERGETT 700 WOOD ST 11913 W 170 FRONTAGE RD N FORT COLLINS CO 80521 WHEAT RIDGE CO 80033 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 Ordered Extended Price 2015 Blanket order 1 LOT LS 20,000.00 Water/Sewer 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@fcgov.com Total 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONW AI VER. 98-04502. Federal Excise Tax Exemption Cenifiewe of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insin upon ... im performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). ex Ise 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 ofee design, shall not releose the Seller of Goods Rejected. GOODS REJECTED due so failure to men specifications, either whin shipped or due to defects of any of the warranties or obligations of this purchase order and shall not Is, deemed a waver of any right of the damage in transit may he resumed to you for credit and are tot so be replwed except upon receipt of whom purchzsa 0 insist upm such performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shippexi, received or accepted. as to any prior or subsequent default hereunder, nor shell any purymted OW modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the some Inspection. GOODS are subject to the City of Fen Collins inspection on snivel. hereof Final Acceptance. Receipt of the merchandise, services or qupmwt in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However, it Is to be understood that FINAL Seller and the Purchaser recognim that in actual economic prounce, overcharges resulting from antitrust i ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Therwofrrefor good cause and w consideration for executing this purchase order, the Seller hereby assigns to the Pmchaer any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fen Collins. 700 Wood St. Fen Collins, CO 90522. unless acquired under federal or some antitrRt laws for such overcharges relating as the particular goads or services otherwise specified oa this order. If permission is given he prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant to this purchase order. bill muss accompany invoice. Additional charge for picking will col be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dimance. Where manufacturers have distributing points in versus prrts of the country, shipment is If the Purchases directs the Seller o correct nonconforming or defective goods by a dam to be agreed upon by the expected from the nearest distribution point to datinntion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicate its inability or miwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by me most expeditious means available to it and the Seller shall pay all vests associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinance and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority havingjvrisdiction over the work of vefdot. Seller ffinher agrees to hold the City of Fore Collins fannies fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinance, rules and on memmta. Author ration. All parties to this contract agree tam the representatives are, in fact, bona fide and Possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sound herein sin forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diRerem terms and conditions pmposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyatt comet make complete shipment to activism your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached foram. No tuts of the Purchasers including, without lunnumon, acceptance of panial pate deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shag 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 beyond its reasonable control and without its fault of negligence, such no of Gad acts of civil or military awhormes, govemmmW priorities, fires, writes, Flood, pidemics, wars or nuts presided that notice of the commons causing such delay is gfvon m the Purchaser within five (5) days of the time whin the Seller first received knowledge thereof. In the evert of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason arrive delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions give, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a wonder name. The Seller agrees to hold the purchaser harmless room any lass, damage or expense which the Purchaser may suffer or incur an account of the Sellers breach of immunity. The Seller shall replace, repair or nuke good, without cost to the pat dower, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terra of any applicable warrmry provided by the Seller inter the date of acceptance of the goods famished hereunder (acceptance not so be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shape not constitute a waiver of any claim coder this warranty. Except as otherwa provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability sharp in no event mul We pass 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 terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thin legal terms, including sediments m or deletions from the quantifies origmdly ordered in me ryeci0cmions or drawings, by verbal or wroon change order, If any such change affects the amount due or the two of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchas may at any time by wnnm change order, terminate this agrrement as to any or all portions of the goods than not shipped, subject to any quiuble adjustment between the parties as to my work or materials thin in progress presided that the Purchaser shape not be [.able for any clainn far anticipated profits on five rncomp[ned portion of the goods andfor work for incidental or conxguential damages, and that no such adjustment o made in favor of the Seller with respect to my goods which see five Sellers standard stock. No such remuneration shall relieve the Purchaser or the Seller of my oftheir obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any clam for adjustment must be asserted within thirty (30) days from the date she change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have hem produced, sold, delivered and fumished in arm compliance widf At applicable laws and regulations to which the goods are subjm. The Seller shill ..are and deliver such documencs as may be required to effect or evidence compliance. All paws and regulations equired to be neorporated in agreements of this character are hereby incou,s ated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs 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 convry this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10 TITLE. The Seller warrants full, clew and unrestricted title m the Purchaser for all equipment, no rmals, and items fumished in performance of this agreement free and clear of my and all liens, retrinions, reservations, security interest encumbrances and claims oforhers. The Seller shall release the Purchaser and its contractors of any her form all liability and claims of any nacre ceutting brands, performance of such week. This release shall apply am in the event of fault of negligence of the parry released and shall extend m the thou mrs, offers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed W be reduced, is any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is r quired to use arty design, device, materiel or process wvered by letter, patent trademark or copyright dim Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such potential design, devire, material or process in connection with the contract, and shall indemnify the Purcbaut for any was expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the complwioo of the work. In case sold equipment or any pan thereof or the intended use of the goods, is In such suit held to constitute Infnngeormt and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes coninfnnging. 15. INSOLVENCY. If dry Seller shall became insolvent or bankrupt make an sssignmmt for the benefit of creditors, apporm a receiver or trustee for any of the Sellers property or business, this order may forthwith IN canceled by the Purchaser without liabilux. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the dghu of all parties hereunder shall be on tamed under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cues where she Seller is to perform work hereunder, including the services of Sellers Reprosermarn (s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seger shill coney on said work m Sellers own risk.61 the was is fully completed and accepted and shall, in case of any accident, destruction or injury to the work mNor memorials before Seller's find saxophones and acceptance. complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, we and handle same at the site and become responsible therefor as though such materials and/or equipment wart being furnished by the Seller under the order. Uh INSURANCE. The Seller shag, at his awn expense, pronde for the payment of workers conformation, including occupadooal disease benefits, to its employees employed on or in cunnadon each the work covered by this purchase order, mNor to doers dependency in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but nor limited to, wntradual and automobile public liability insurance with bodily injury, and death limits of or least 5300,000 or any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his containers. if any, to provide for such mcipersation and in e. Before any of me Sellers or his wmractnn employees shall do my work upon the premises of others, the Seller shall fumish the Purchaser with a certificate that such mmpenamen and insurance have been provided. Such certifnres shall specify she date when such compensation and insurance have ban provided. Such certificates shell specify the date when such compensation and insurance expires. The Seller agrees thin such compensation and insurance shall be maintained soul after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the were responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or pmpm,e 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 fmm and against any and all claims, losses, damages, charges or expense, whether direct or indirect and whether to persons or property to which the Purchaser nay fe pat or subject by reason of my act when, negleq omission or default on she pan of the Seller, any of his estimation, or my of the Sellers or contractors oRcers, agents or employees. In craze my stet or other pmcecdings shall be brought agalmt the Purchaser, or its officers, agents or employees at my come on account or by reason of my act when, neglect omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid she Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers most expense, in pay my and all costs, charges, acomeys 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. Monts or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries 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 ®Nag bond or otherwise. The Seller and his wntcactors shall take all safety preaudons, fumith and install all guards necessary for the prevention of accidents. comply with all laws and regulation with cegwd to safety including, bur without limiution, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant therein. Revised 07I2014