Loading...
HomeMy WebLinkAbout113125 NORTHERN COLORADO WATER CONSERVANCY DISTRIC - PURCHASE ORDER - 9115252PURCHASE ORDER PO Number Page City. Of 9115252 tot 2 } Collins number must appear rhi: nllinvoices, packing lips and labels. Date: 09/12/2011 Vendor: 113125 Ship To: WATER UTILITIES NORTHERN COLORADO WATER CONSERVANCY CITY OF FORT COLLINS DISTRICT 700 WOOD ST 220 WATER AVE FORT COLLINS Colorado 80521 BERTHOUD Colorado 80513-9245 Delivery Date: 09/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price WATER ASSESSMENT SERVICES 1 LOT LS 9,078.00 2010 WATER YEAR / 2 WATER ASSESSMENT SERVICES �/1 LOT LS 297,637.62 2011 WATER YEAR 3 WATER ASSESSMENT SERVICES / 1 LOT LS 23,613.00 2012 WATER YEAR City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 F_mail:purchasing@fcgov.com Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local mod, Our Exemption Number is 98-04502. Federal Excise Tax Exemption Carfare of Registry 84-6000587 is registered with the Collector of tolerant Reverme. Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, child when shipped or due to defect, of damage in transit, may be returned to you for credit and are nor to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS am subject to the City offal Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the teens and conditions hereof, failure m delay to exercise any rights or remedies provided herein a by law, failure to promptly notify the Seller in the event of a breach, the acceptance of er payment for goods hereunder or approval of the design, shall not 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 hereof a any of it, right, or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hrnvnder, nor shall any put , ned oral madifwtion a rescission of this purchase order by the Purchaser operate as a waiver of any of the terms haenf. 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 pat of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual canomic practice, overcharges resulting from ammust ACCEPTANCE is dependent upon completion ofall applicable required inspecton procedures. violations are in fact borne by the Purchaser. Theretafore, for good cause and as consideration fro clearing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tema. Shipments arm be F.O.B., City of Four Collins. 700 Wood St., Fort Collins. CO 90522, unless acquired under federal or state amimast laws for such overcharges relating to the particular goods a 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 fro packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in micas parts of the country, shipment is If the Purchaser directs the Seller to correct nonconi mling or defective goods by a date to be agreed upon by the expected from the cement distribution point to destiratim, and excess (might will be deducted from Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability a unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions mews available to it, and the Seller shall pay all cosh unwanted with such work. Permits Sella shall produce at sellers win cost all necessary permits, certificates and liceaues required by all applicable laws, mgulatiot x, ordinances and roles of the cam, municipality, territory a political subdivision where the work is perfomd, a required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mien and requiremats. Authorization. All parties to this contract agree that the representatives am, in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tem s and conditions stated herein set forth and any supplementary or additional mrans and conditions annexed hereto a incorporated herein by reference. Any additional a different terra and conditions proposed by sell" are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you came make complete shipment to arrive on your promised delivery date an noted. Time is of the essence. Delivery and performance ce most be effected within the time stated on the purchase order and the document, attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpmtial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sell" liable fro damages. However, the Sella shall not be liable for damages as a result of delays due to anuses rase removably foreseeable which are beyond its reasonable control and without its fault of negligence, such rob of God, acts of civil or military authorities, govemmental priorities, francs, strikes, Bad, epidemics wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler 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 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 intwded, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar crane. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer a mesa on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects ar faults arising within ore (1) year or within well longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods furnished hereunder (wain race not ro be umemmably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this womanly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all dwtages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss ofpmfnts a loss close. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications m drawings, by verbal m written change order. If any such change all" the amount due or the time of perfmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. mirminate this agreement as to any or all portions of the goads then net shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall nor be liable fro any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damage, and that no such adjustment be made in favor of the Sella with respect to any goods which am the Sailor standard mock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to my goods delivered hereundff. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment molt be asserted within thirty (30) days from the time the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been 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 well documents as may be required to effort or evidence compliance. All lows and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Pumhaser harmless from all cost, and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this add, m any monies due m to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Sella warrant full. clear and unrestricted title to the Purchaser fro all equipment materials, and items famished in pall mns ce of this agreement free and clear of any and all liens, restrictions reservations, security interest ma mbranres and claims of others The Sella shall release the Purchaser and it, contractors of any tiff 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 party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Sella is required to use my design. device, mmerial or process covered by Im", parent trademark or copyright, the Sella shall indemnify and save harmless the Purchaser Tom any and all claims for infringement by mast, of the use of such patented design, device, material or process in connection with the contrast, and shall indemnify the Purchases for any cost, expense or damage which h 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 equipment or any pan thereof or the intended use of the goods, is in such wit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at it, option, either procure for the Purchaser the right to continue using said equipment or parts, replace the more with substantially equal but noninfringing equipment, a modify it w it becomes noninfringing. 15. INSOLVENCY. If the Sell" shall become insolvent or bunko". make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this add may forthwith be canceled by the Purchasa without liability. 16. GOVERNING LAW. The definitions of terms used of the interpretation of the agreement ate the rights of all parties hereunder shall be constmed under and governed by the laws ofthe State ofColotado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the services of Seilas Represenmtive(s), on the premises ofotbens. 17. SELLERS RESPONSIBILITY. The Sell" shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's ft=] completion and acceptance, complete the work at Sclices own expeme and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or elation by the Seller, the Sell" shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own cxpcme, 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 dependent in accordance with the laws of the state in which the work is to be time. The Seller shall also carry comprehensive Smartt 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, 5500.I00 for any one accident and ptopany damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insurance. Before any of the Sellers or his concluders employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance have beat provided. Such catifimtes shall specify the date when such compensation and insurance expires. The Sell" 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 Seller hereby assumes the entim responsibility and liability fa my and all damage, loss a injury ofa ry kind or nature what ever to persons or property caused by a resulting from tine execution of the work provided for in this purchase order or in comedian herewith. The Sella will indemnify and hold harmless the Purchaser and any m all of the Purchasers officers, agent and employees from and against any and all claims losses, damages, charges or expenses, whether director indirect and whether to persons or pmperry ro which the Purchaser may be put or subject by manna of any act, anion, neglect, omission a default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or it officers, agent or employees at any time on account or by reason of any act, action, neglect omission or default of the Sell" of any of his contractors or any of it or their officers, agent m employees as aforemid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by a obtained against the Purchaser a any of it, or their officers, agent or employees in such suits a other proceedings and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid ponies in a as a recall of such mit, or other procedings the Seller will at once cause the same to be dissolved and discharged by giving bond err otherwise. The Sella and his contractors shall mks all mfety 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 limitation. the Occupational Safety and Health Act of 1970 and all rules and mgulatims issued pursuant thereto. Revised 03/2010