Loading...
HomeMy WebLinkAbout102815 FORT COLLINS-LOVELAND WATER DISTRICT - PURCHASE ORDER - 9112860PURCHASE ORDER PO Number Page City Of 9112860 1 1 of 2 `t Collins OI lI ns This number must appear ` on all invoices, packing slips and labels. Date: 05/18/2011 Vendor: 102815 FORT COLLINS-LOVELAND WATER DIST 5150 SNEAD DR FORT COLLINS Colorado 80525-3764 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 05/18/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Registry Ridge Park Water and Sewage Fees Water and sewer tap fees for the Registry Ridge Park project per Application for Tap Purchase dated 5/11/11 and invoice 1592 in the amount of $165,100.00 dated 5/13/11. C3. O+'la�ssL� 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 1 LOT LS Total Invoice Address: 165,100.00 $165,100.00 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 of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502, Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). i Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be stNmed to you for Credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. -Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tens and conditions hercoL failure or delay to exercise any rights or remedies provided hcrcin or by Inv. failure to promptly notify the Seller in the event of a brcoch, the acceptance ofor payment for goods heretmder or approval ofthe design, shall not rclez e the Scher Of any of the amrmatics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any par -ported oral modification or rescission of this purchase order by the Pumhascr operate as a waiver of any of the terms hereaf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized 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 resulting frnni antitrust ACCEPTANCE is dcpmpdent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore. for good cause and as emsidemlion for executing this purchase order, the SCIICr hereby assigns to the Purchaser any and all claims it rosy now have or hercnhcr Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins CO 90522, unless acquired under federal or state antitrust laws for such overcharge, relating to the lea icular goods or services otherwise specified on this order. If pcmrission 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 packing will not be accepted. Shipment Distance. Whom manufacturers have distributing points in various parts of the country, shipment is expected fmm the nearest distribution. point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes. regulations, ordinances and rules of the state, mmnicipality, 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 further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the represcrnatives 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 tents and conditions stated humor set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Tion is of the essence. Delivery and performancc must be effected within the time stated on the purchase order and the: documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofony delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Scllcr 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 ofnegligence, such acts of God, acts ofeivil or military authorities, govcmmcatal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first terriers] knowledge thereof. In the event of any such delay, the date of dcl iv cry shall be extended for the period equal to the time actually lost 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 perforated with the highest degree of care and eompdence in accordance with accepted standard, for work Of a similar nature. The Seller secrets to hold the purchaser harmless from anv dos,, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, 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 tents crony applicable warranty provided by the Scllcr after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Scllcr Acceptance or Lase of goods by the Pumhascr shall not constitute a waiver array claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wrrmmics or guarantees, but such liability shall in no event include loss ofprofits or loss cruse, 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Iemx, other than legal tans, including additions to or deletions fmm the quantities originally ordered in the specifications or draw ings, by verbal or .written change order. If any such change affects the amount due or the time ofperfommnec Immunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wTiftcn change order, terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe 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 goods which are the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (301 days from the date the change car termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and egudations to which the goods are subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incopomted hcrcin by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order or any monies due or to become due hereunder without the prior wuinen consent of the other party, 10. TITLE, The Scllcr warrants full, clear and unrestricted title to the Purchaser for all cquipmcnL materials, and items punished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchascr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pu¢hnscr and the Scllcr, and the Scllcr thereafter indicma its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Seller's Cmulactnal obligations, including warranty, shall not be deemed to be reduced. in any may, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device. material or process covered by letter, patent, tmdenark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason ofthe use of such patented design, device, material or process in connection with the rantmct. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said cquip... car. or any part thereof or the intended use of the goods, is in such suit held to constitute infrionancnt and the u,ce of said equipmcnl or pan is enjoined, the Scllcr shall, at its own 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 ooninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or l anknipt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business. this Order may forthwith be canceled by the Purchaser without liability. I6- GOV ERNING LA W. The definitions of tern.. used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constnmd under and governed by the laws ofthc State ofColorado. USA. The following Additional Conditions apply only in eases where the Scllcr is to perform work hereunder, including the services of Scllers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Scllcr', own risk until the ,,am is fully completed and accepted, and shall. in case of any accident, destruction or injury in the work and/or materials before Seiler's final completion and acceptance, complete the work at Scller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller the Scllcr shall receive unlood, store and handle same at the site and become re,po.,,blO therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational 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, continental and automobile public liability insmmoec with bodily iniury and death limits ofat least S300,000 for any one person, S500,000 for any one accident and property damage limit per reeident of S400,000. The Scllcr shall likewise require his contractors, if any. to pmvide for such compensation and insurance, Bcforc any of the Scllers or bis contractors employees shill do any work upon the premi.e. cf others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnificntes shall specify the date when such compensation and insurance expires- The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby ussumcs the entire responsibilitymud liability for any and all damage, loss or iniury ofmry kind or nature whatsoever to persons or property caused by Ormsulting from the execution ofthe work provided fur in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all slain, loses. daneges. charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any tina, on account or by reason array act, action, neglect, omission or default Of the Scllcr of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the ,,are at the Sellers men expense, to pay any and all costs, charges, attorneys fcec 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 suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch spits or other proceedings. the Scllcr will at ones sauce the same to be disoh¢d and discharncd by giving bond or othcnvisc. The Scllcr and his contractors .hall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without liinitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03/2010