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HomeMy WebLinkAbout107395 HD SUPPLY WATERWORKS LTD - PURCHASE ORDER - 9150664Fort Collins PURCHASE ORDER PO Number Page 9150664 1of2 This number must appear on all invoices, packing sli s and labels. Date: 0112912015 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: 01/29/2015 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price i SEWER PIPER & ACCESSORIES 1 LOT LS 14,209.86 CERTAFLO PIPE & ACCESSORIES -'tn A 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 Terrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from structural local taxes. Our Exemption Number is 11 NON WAIVER. 98-0,002. Federal Excise Tax Exemption Ca fficare of Registry g4-6000587 is mgigm, with the Collector of Failure of the Purchaser Io insist upon strict Performance of the rams snd conditions hereof, failure or delay to tourist Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26,114 (a). exercise any rights or remedies P.,&it herein or by law, failure to Promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Related. GOODS REJECTED due to failure h, is specifcatiom, either when shipped or due to defects of may of the optimum or obligations of this purchase under cod shall rbr be deemed is waiver of any right of the damage in .emit. may be retuned to you for credit and are not to be replaced except upon receipt of women Purchaser b Nsig upon strict performance h somfor any of its rights or remedies as to any such good, regardless im usims from the City OFF." Collim. of when shipped, received m accepted, be to any prior Or subsequent default hereunder, tar shall any purported oral modification or rescission of this purchase aides by the Purehasa operate as a waiver of my of the deans Inspection. GOODS am subject to the City of Fan Collins impatims an anival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suthonzed payment oa the pan of the City of Fan Collins. Howeva, it is to be understood that FINAL Seller and the Purchaser postpone that in actual economic practice, Overcharges, resulting fmm antitrust ACCEPTANCE is dependent upon d mple ion of all applicable required inspection procedurm. violadom are in fact blame by rise Purchaser. Therm ore for good cause and as consideration for executing this purchase ardor, the Seller hereby assigns m the Purchaser any Our all claims it may now heve or rec after Freight Team. Shipments most be F.O.B., City of Fan Collins, 900 Wood St, Fro Collins, CO 90522, un ors acquired under fWeml or stale andualt laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser punnam to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in dums. pads of the comnry, shipment is expected from the nmrest distribution point to destination, and excess freight will be deducted firm Invoice when shipments are made from go ala distance. Permits. Sella shall procure at sellers sale cast all necessary, permits, cmlfrcates snit licipmrs required by all applicable laws, regulations, ordinances and roles of the stale, municipality, temmry or political subdivision where the work is performed, or required by any usher duly constituted 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 incurred by them by mason of an normal or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this conduct agree that the representatives me, in fact, bona ride and possess full and complete authority to bind said partim. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions sand herein set foM and any supplamenury or ideational emu and ronditimrs snnexal harem or mompomtcd herein by reference. Any additional or different terms and conditions proposed by seller are ablated to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immediately if you wmot make complete shipment to arrive on your promised delivery date as rwled. Time u of the essence. Delivery, and pcourrance must be etTceted within the lime stated on the purchase area and the documents touched hereto. No acts of the Purcluslas including, without limitation, acceptance mfpanial late deliveries, shall operate m a waiver ofthis provision. In the went ofony delay, she Purchaser shall have, in addition to other legal and ryuitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which me beyond its reasonable control and without its fault ofoegligence, such acts of God, acts ofcivil or military aalherifies, govemmmml priorities, firs, strikes, food, epidemics, wars or riots provided that notice of the condidiom causing such delay is given to the Purchaser within five (5) days of the time when the 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 actually lost by reason ofhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will cnnfonn with applicable drawings, specifications, samples and/or other descdptlons given, will be fit for the purposes intended, and performed with the highest degree of care and compressors, in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expaue which the Purchaser may suffer or incur on account of the Sellers breach of wanmry. The Seller shall replace, repair or make good, without toss to she purchase, any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the teats of any applicable wmmnry provided by the Seller after the date of acceptance of file goads famished hereunder (acceptance not to be uareamnably delayed), resulting fmm irrigated or defective work done or producers famished by the Seller. Acceptance or use of goods by the Purchaser shall not ainimn a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, she Sella holiday hereunder shall extend to all damages proximately dowsed by the breach of any of the foregoing ware noes or guaramces, but such liability shill in no evens include loss ofirri fits or lass of am. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change b legal is. by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make any changes Or the tears. other Nan legal none, including additions to or delesiaos fmm she quantities originally ordered in the apeifcations or drawings, by verbal m written change order. If any such change affects the amount due or the time ofperfnmrmce hereunder an equitable adjustment shall Ise made. 6. TERMINATIONS. The Purchaser may at any time by wriacn change order, emtinate this agreement m to any or all portions of the good- then not shipped, subject o any equitable adjustment badvern the ponies as to any walk or malaials then in ,mgruss provided mat the Purchaser shall not be liable for any ]aims for anticipaled Darts oa the uncompleted ponian of the goods and/or work, for incidental or consequential damagesand that no such adjugmmt be made in favor of the Seller with cards In any goods which are the Sellers standard stock. No such termination shall relieve Ibe Purcoser or the Seller of any of lei, abligatimrs as to any good delivered hereanda. T. CLAIMS FOR ADJUSTMENT. Any claim for adlmannum must be asserted within thirty (30) days fmm the one tire change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants shot all goods sold hereunder shall have been produced, sold, delivered unit fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella sludi execute and deliver such documents as may be required to effect or evidenm compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and Iwld the Purchaser harmless from sll costs and damages inflused by she Purchaser as st all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pvry, shall assign, uamfer, in convey this order, or any monies due or to become due hereunder without the prior winner comet arrive other party. 10. TITLE. The Sella wa 1s full, of. and umestriGN title Ia the Patroller for all equipment, maerias, seal items fumished in performance of this agreement, free and clear of any and all Beres, restrictions, reservations, security normal encumbrances aM claims curmhas. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to wired nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller fracafcr indicates its inability or unwillingness to comply, the Fairchasa may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all ousts associated with such walk. The Seller shall release the Purchaser and its contmemrs of any tier from all liability and claims of any nature resulting from the performance armors work. This release shall apply even in the event of fault of ncgligcncc of the party released and shall extend to the directors, offcom and employees of such pony. The Settees contmemd obligations, including womanly, shall not be dcemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is dappred b me any design, device, material a process covered by loam, patent, trademark m copyright, the Seller shall indemnify and save hmmless the Participants from any and all claims for inGngmrem by re n of the me of such patented design, device, mmmd or process in comssaft. with the mnamr, eM shall indemnify the Pumhaur for any cat, expense or damage which it may be obliged to pay by ideal of such infringement or any time during the prmccution or and she completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its oploan. eidrer procure for the Purchaser the right to continue min, said equipment or pans, prime the same with submaatially equal bur rbninfringing equipment, or modify it so it becomes scrimmaging. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a resciyor or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms must or the intimidation of the agreement and the rights ofall parties hereunder shall be construed under and govemed by the laws ofee Slate ofColumdo, USA. The following Additional Conditions apply only in cases where the Sella is m perform work hereunder, including the services of Sellers Remadamive(s), on the premises ofaflon, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mine is fully completed lord scrappiest, and shall, in au of any accident, destruction or injury to the work andsm materials before Sellers fact] completion and cceptame, complete the work at Settees awn expense and to the satisfaction of the Purchaser. When materials and equipment are mmished by others rim installation or erection by the Sella, the Seller shall receive, unloak more add handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide fro the Payment of workers comprnsaUoa including occupacond disease benefits, to its employees employed on or in connection with the work covered by this Purchase order, .&or go their dependents in acrdance with the laws of the sure in which the work is to be &as. The Seller shall elm eery compmhemive gcoast liffiiliN including. but not limited an, mntmctual and eutnmomle public liability insurance with bodily injury soft dram limits of at leas) S300,000 for any one person, S500,000 for any one accident artd property damage limit per accident of S400.11010, The Sella shill likewise require his contractors, if any, to provide for such mmpewtion and insurance. Before any of the Sellers or his contractors rnmplaYas shall do any work upon me promises of others, the Sella poll famish me Purehasd with a variations, that such compensation and imurunce have been provided. Such cafficates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dae when such compensation and insurance expires The Seller agrees mat such Compensation and insurance shall be maintained unIll ofa the emir¢ work is complded and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and at I damage, loss or injury crony kind or nature whatsoever to persons or property caused by or resulting from the execution ofee work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser end any r all of the Purchosers officers, agents and employees from and against any 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 any act, action, neglect, omission or default on the pan of the Sella, any of his command, or any of the Sellers or contractors officers, agents or employees. In case any suit m other proceedings shall be brought against the Purchaser, or its officers,, agents or employees at any time ov account or by reason of any rot, ration, neglect, omission or default of the Sella of any of his contractors or any of its or their olTc rid, agents or employees ns aforemid, the Sella hereby ogres m assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and dl judgments tot may be included by or obtained against the Purcbma or any of its or mev officers, agents or employees in such suits in other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Panama. or said parties in or as a result of such suits or other proceedings, the Sella will at once came the move to be dissolved and discharged by giving bond or arhermse. The Sella and his contractors shall take all safety Precautions, Rural and install all guards demanding rim me prtvenoon of accidarrs, comply with all laws it regulations with regard to may including bur without limitation, the Occupational Safety and Health Ad of 1970 and all miss; and regulations issued pursuant thereb. Revised 07n014