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HomeMy WebLinkAbout315931 BIG THOMPSOHN WATERSHED FORUM - PURCHASE ORDER - 91210881 �City �rtof PURCHASE ORDER Collins Date: 02/21/2012 Vendor: 315931 BIG THOMPSON WATERSHED FORUM 800 S TAFT AVE LOVELAND Colorado 80537 PO Number Page 9121088 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE,AVE FORT COLLINS'Colorado 80521 z Delivery Date: 02/19/2012 Buyer: OPAL DICK Note: / Line Description / Quantity UOM Unit Price Extended Ordered Price 2012 Big Thompson Watershed / 1 LOT LS 34,009.00 Forum Coop Program & US GeoloV,Survey Joint Funding Agreement 2 2012 Big Thompson Watershed 1 LOT LS 10,000.00 Forum General Operations & USEPA Program City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total $44,009.00 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 taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntica or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hconfor any ofits rights or remedies as many such goods. regardless instn¢tians from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modificmion or rescission of this purchase order by the Purchaser opernte as a waiver of any of the toms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. 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 from nuoust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any wad all claims it may now have or hereafter Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr.. Fort Collins, CO 80522. unless acquired under federal or state antitrust 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 sepamtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mmnufacmrers have distributing points in various parts of the country, shipment is Ifthe Purchaser diva ry the Seller to correct nonexm forming or defective grads by a date to be agreed upon by the expected from the noarcst distribution point to destination, ad excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be Festooned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. remits. Seller shall procure at sellers sole cat all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly constituted Public authority having jurisdiction over the work of vendor. Seller for -her agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an ussened or established violation of any such laws. regulations, onlinamccs, rules and requirements. Authorfmlion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the toms and conditions stated hacin set Porth and any supplementary, or additional Icmi and conditions annexed hereto or incorporated herein by reference. Any additional or different tcrma and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your premised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchascrs including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option afplacing 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 famewcable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts ofcivil or military authorities, governmental Friontics, fires. strikes. Rood, epidemics, 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. In the twat crony 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, aniclos, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the Purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from arty loss, damage or expense which the purchaser may suffer or incur on account of the Scllers breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be presonbed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Tram imperfect or defective work done ar materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except m otherwise provided in this pamhaw order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamnties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MrRCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tenons, other than legal terms, including additions to or deletions form the quentitics originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance 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 gads then not shipped, subject to any equitable adjustment between the panics 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 of the gaols matter work, for incidental or eonttqucntial damages, and that no such adjustment be made in favor of the Seller with re"Pect to any gads which arc the Solent standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any galls delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys from the data the change or termination is colemd. 8. COMPLIANCE WITH LAW. The Seller wamnts 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 such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser ns a result of the Scllers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, confer, or convey this order, or any monies due or to become due hereunder without the Prior written consent of the other Party. 10. TITLE, The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofotheo. The Seller 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 oven in the event of fnvlt of negligence of the party released and shall extend to the dimemm, oTcem and employees of inch party. The Seller's contractual obligations. including wamnry, shall not be deemed to be reducnl, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to axe any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Paehascr from any and all claims for infringement by reason of the use of such patented design, device, material or proeec in connection with the contract, and shall indemnity the Purchaser for any cost. expense ar 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 equipment. or any pan thereof or the intended use of the goods, is in such suit held to conslitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either mcure far 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 noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllers property or business. this order may forthwith he canceled by the Pamhascr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Scller is to perform work hereunder. including the services of Sellers Rcprcscntative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Setters corn 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 Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or crcotion by the Seller. the Seller 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 Seller under the order. 19. INSURANCE. The Sellershall, at his own expense, pmvide 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 Seller shall also cam comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one person. S500.00K) for any rose accident and property damage limit per accident of 5400.000. The Seller shall likewise require his conuacters. if any, to pmvide for such compensation and itoommcc. Before any of the Sellers or his cantmcmrs employees shall do any work upon the premises ofothcm. 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 certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insanitary shall be trnintxined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herebv assumcx the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or Property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify mud hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and Al claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of any net, action, neglect omission or default on the part of the Seller, 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, agent or employees at any time on account or by reason of any act, action, neglect, omission 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 asswme the defense theronf 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 or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or tither proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said parties 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 laws and regulations with regard to safety including, but without limitation, the Occupational Safctymad Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 032010