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HomeMy WebLinkAbout454543 BOXELDER BASIN REGIONAL - PURCHASE ORDER - 9112140City of �„ art Collins Date: 04/1512011 Vendor: 454543 BOXELDER BASIN REGIONAL STORMWATER AUTHORITY PO BOX 1091 WELLINGTON Colorado 80549 PURCHASE ORDER PO Number Page 9112140 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/15/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONTRACT PMT AGREEMENT 1 LOT LS 106,818.41 2010 PMT BOXELDER BASIN Total $106,818.41 C3. Oi'la-.-QQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt firerstun, and local taxes. Our Exemption Number is 99-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-66f)(1597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be trammed to you for credit and arc non to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVF,R. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofz breach, the acceptance ofor payment for goods hcrcunder or approval of the design, shall an, release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon .strict performance mi-cofor any of its rights or remedies as to any such good's, regardless of when shipped, received or accepted, as to any prior or subsequent default hcrcunder, not shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mmhorind payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resniting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purcluncr. Theretofore, for good cause and ns consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Tcnns. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges minting 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 pursuant to this purchase order. bill must accompany invoice Additional charges for ranking will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactumes have distributing points in various parts of the couture. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date n b, manned upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall pmeum at sellers sole cast all necemny permits, certificates and licenses rcquircd by all applicable laws, regulations, ordinances and mics of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fort Collins Marks, from and against all liability and toss incurred by them by reason of an asscmc l or established violation of any such laws, regulations, ordinances. mlcs and requirements. Authorfmtion. All panics to this contract agree that the representatives are. in fact, bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms arld conditions annexed hencto or incorporated herein by rcfcrcncc. Any additional or different tents and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complctc shipment to arrive on yen, premised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time stated on the purchase order and the documents attached heat.. 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, 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. Iiowcvcr. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmemal priorities, fires, strikes, food, epi dcmics, 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. I the event of any such delay. the date of delivery shall be extended for the period equal to the time acmes l ly lost by reason of the delay. i, 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 care and countenance in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hnmless fmm any loss. damage or expense which the Purchaser may suffer or incur on account of the Sclicm breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defeats or faults arising within one (1) year or within .such longer period of time as may be prescribed by law or by the terms of any applicable w'armory provided by the Scllcr after the date of acceptance of the goad femished hereunder (acceptance not to be unreasonably delayed). resulting front imperfect or defective work den, or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othenviw provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing u'arrantics or guarantees, but such liability shall in no event include loss of pmfin or Ions 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 wTitten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms other than legal terms, including additions to or deletions fmm the quantities originally orelcm l in the specifications or drawings, by verbal or -r men change order. If any such change affects the amount due or the time ofperfor mane hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable in instment hetwecn the parties as to any work or materials then in pmgrcc pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion 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 to any good which am the Scllcrs standard stock. No such termination shall relieve the Pnehrue, or the Seller of any of their obligations as to any goods delivered hcrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller auto an that all goods sold hemandershall have bun produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agrccmcnta of this character arc hereby incorporated herein by this rcfcrcncc. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pamhaa,r as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other parry. 10. TITLE. The Seller samants full, clear and unrestricted title to the Purchaser for all equipment materin is and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfom mce ofeaeh work. This release shall apply even in the event of (mill of negligence of the party released and shall extend to the directors, offeces and employees ofsuch party. The Scllc,', contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such yank is performed or caused to he performed by the Purchaser. 14. PATENTS. llTcnevcr the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason ofsuch infringement at any time during the prosecution or aficr the 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 use of said equipment at part is enjoined, the Seller shall, at its own expense and at its option. either proaac for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfrineing. IS. INSOLVENCY. If the Seller shall become insolvent or hnnknpt make an assignment for the be eft of creditors, nppoial a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith be canceled by the Pnmhaver without liability. 16. GOVERNING LAW. The definitions of wo us used or the interpretation of the agreement and the rights of all parties hereunder shall he eonmu and under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcunder, including the services of Scllcrs Rcprcsciatitive(n). on the premises of others, 17. SELLERS RESPONSIBILITY. The Scllcr shall carryon said work at Scllcrs own risk until the same is fully complemd and accepted, and shall. in ease of any accident. destruction or igiury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the silo and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the enter. I S. INSURANCE:. The Seller shall, at his own expense, Provide for the payment of workers comp aisnlion, including ocaipmionnl 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 Scllcr shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at ]cast 5300,000 for any one person. S5040m) for any one accident and pmpeny damage limit per accident of S400JH10. The Seller shall likewise require his eontracmrs. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of olhcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such ccnificntes shall specify the date when .such compensation and insurance have been provided. Such certificates shall specify the date when such competialien and insurance expires. The Slier agrees that such compensation and insumnea shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss err injury of any kind or nature whatsoever to persons or property caused by or resulting from the excnnion of the work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purclmscrs officers, agars and employees from and against any and all claims, lo,ssee damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser rare be put or subject by reason of any act, action, neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or comments officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its oRcen, agents or employees at any time on account or by reason of any act. action, neglect emission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purehascr, or said panics 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 Loss and regdmions with regard In safety including, but willmt limitation, the Occupational Safety and Itrnlh Ael of 197( and all mles and regrdations issued pursuant therem. Revised 03/2010