Loading...
HomeMy WebLinkAbout113125 NORTHERN COLORADO WATER CONSERVANCY - PURCHASE ORDER - 9121535City of art Coll PURCHASE ORDER Date: 03/14/2012 Vendor: 113125 Ship To NORTHERN COLORADO WATER CONSERVANCY DISTRICT 220 WATER AVE BERTHOUD Colorado 80513-9245 PO Number Page 9121535 1o12 This number must appear on all invoices, packing slips and labels. WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 03/14/2012 Buyer: OPAL DICK Note: / Line Description Quantity UOM Unit P -ice Extended Ordered Price 2012 Pleasant Valley Pipeline 1 LOT LS 26,271.09 Operation Assessment 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 Total $26,271.09 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By starute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), Goal Rejected. GOODS REJECTED due to failure to meet spccificatioru, either when shipped of due to defects of damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written instmetions from the City of FOn Collins. Inspection. GOODS arc sub -reel to the City of Fort Collins inspection on irrosi. 11. NONWAIVER. 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 Inw, failure to promptly notify the Seller in the event Of a breach, the accepmnce ofnr payment for goods hereunder Or approval ofthe design, shall not rcicase the Seller of any Of the wamntic, or obligations Of this purchnsc order and shall not be deemed a waiver Tiffany right of the Purchaser to insist upon strict performance bercoforiny Of its rights Or remedies as many such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] nudificmion or re,eis,ion of this purchase order by the Purchaser operate as a %%river Of`Try of the Icons hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNMEN"r OF ANTITRUST CLAIMS. authorized payment on the pan of the City Of Fort Collins. Howcvet, it is to be understood that FINAL Seller and the Purciuser recognize that in actual economic practice. overcharges resulting front antitmat ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchnsc nice, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fart Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges minting to the particular good or services otherwise .speci fled on this order. If Permission is given to prepay freight and charge separately, the original freight purchased or sequined by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. %Vhcre manufacturers have distributing points in various pans of the country, shipmem is Tribe Purchnscr directs the Seller In correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted firm Invoice when Purchaser and the Sclleq and the Seller theminer indicates it inability or unwillingness to comply, life 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 %cork. Pemtits. Seller shall procure to sellers sale cost all necessary permits. cenificmcs and licenses required by all applicable Incas, regulations ordinances and mles 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 Wink Of vendor. Seller 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 %iodation of any such laws, regulations, onlinanees, ones and requirements. Authorization. All panics to this contract agree that the ropro catatives arc, in fact. boa ride and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the gems and conditions stated homin sct forth and any supplementary or additional mores and conditions annexed hereto or incorporated herein by reference. Any additional or different Isms 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 ani%c on your promised delivery date as noted. Time is ofthe essence. Delivery and pe lmannaec must he effected within the time ,fired oa the purchase order wad the documents attached hereto. No acts of the Purchnscrs including. Without limitation, acceptance ofpanial late deliveries. shall operate as a waiver ofthis provision. In the event of any delav, the Purchnscr shall have, in addition to other legal and equitable remedies, the option of,theing 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 foreseeable which am beyond its reasonable control and without its fault of negligence, such aclx of God, acts Fcivil or military authorities ga%cmmcnml priorities. fires, strikes. flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days ofthe time when the Seller first received knowicdgc thereof. In the event of anv such delay, the date of deliveryshill be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller witmnts that all gad, articles, materials and work covered by this order will conform With applicable drawings, specifications, semplcs and/or other descriptions given, will be fit for the purposes intended. and performed with the highest degree of cam and competence in accordance with accepted standards for work of a ,similar mane. The Seller agrees to hold The purchaser hamlcss from any loss, damage or expense which the Purchaser may sit(fcr Or incur on account of the Sellers breach of wumnty. The Seller shall replace, repair or make good, wdthmn cost to the Purchaser, any defeeds or faults arising within one (1) year or With in .such longer period of time as may be prescribed by law or by the Isms ofnny applicable wwmnty provided by the Seller TRcr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done Or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Execpt is otherwise pmvidcd in this purchase order. the Sellers liability hccundcr shall extend to all damages proximately caused by the breach of any of the tonguing Wamatics Or guarantees, but such liability shall in no event include loss of profits or Tom ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal Isms 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 he specifications or drawings, 1w verbal or written change order. If any such change affects the amount due or the time of perio rmance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to tiny or all portions of the goods then not shipped, subject twiny equitable adjustment between the panics as In any work or materials then in pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gad and/or Work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adiusmcat must be asserted within thirty (30) days from the date the change or termination is entered. 9. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the gads 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchascr os a result of the Sellers fnlnrc to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Transfer, or convey this order, or any monies due of to become due hereunder without the prior written consent ofthe other parry. 10, TITLE. The Seller vwmme, 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 of others. The Seller shall release the Purchaser and its contmemrs Of any lier from all liability and claims of any nature resulting from the Performance ofsoch 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 Sellers contractual ahligadinns, including warranty. shall not he deemed In be reduced. in any way, because such work is performed Of caused to he performed by the Purchaser. 14. PATENTS. Wheneycr the Seller is required to use any design, device, material or process covered by letter. patent, Trademark 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 proeea in connection with the contract, and ,hull indemnify the Purchaser fur any Cost, expense or damage Which it may be obliged to pay by reason of such infringement it any time during the prosecution of after the completion Witte work. In case said equipment. or any part thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or pan is enloined. the Seller 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 subsmntially cgnal bin noninlrmging cquipmcnt, or modile it.m it becomes noninfringing. 15. INSOLVENCY. If the Seiler .shall become insolvent or hard mpt make an assignment for the benefit of creditors, appoint a rcaivcr or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without Iiabilily. 16. GOVERNING LAW. The definitions interim used or the interpretation oldie agrecmcru and the rights ofall panics hereunder shall be consumed order and governed by the laws ofthe State ol"Colorado. USA. The following Additional Conditions apply only in cases when, the Seller is to perform work hereunder, including the services of Scllcr, Representative(,), na the promise, ofuthcre, 17. SELLERS R Ir.S PONS IBILITY. The Scllcr shall tarty on said work it Seller's 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 befnrc Seller's final completion and acceptance, complete the work it Seller's own expense and to the satisfaction of the Purchoscr. When materials nod equipment ire furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same It the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 19. INSURANCE:. The Seller shall, at his own expense. provide for the payment of workers compensation. including Occupatinnnl 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 carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury sad death limits ofnr Iersl S300.000 for any one person. 5500.000 to, any One accident and pmpcmy damage limit per accident of S400,(100, The Seller shall likewise require his contractors, if any, to provide for such compensmina and insurance Before any of the Sellers or his eontricmrs employees shill do nny work upon the premises of ethers, the Seller shall fumuh 'be PUmha,er with a ecnificam that such compensation and insumnee have been provided. Such certificates shall specify the Ante when such compensation and insurance hire been provided. Such ecnificales shell specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until Trier the entire work is comideled and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assuncs the entire responsibility and liability fro any and all damage. loss or injury of any 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 and hold hemlms the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to Pers. on, 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 Scllcr, any of his contractors, or any Of the Sellers Or contractors oReem. agents or employees. In case any suit or other proceedings .shad l be brought against the Purchaser, or its oBicem. agen is or employees at any time on account or To, reason of any act, action, neglect omission or default of the Seller ofnay, of his contractors or any of its or their Officers, agents or employees as Timsesaid, the Seller hereby agrees to assume the defense thereof and to dcfcnd the .Dame n the Sellers own expense, to pay say and all costs, charges, attorneys fees and other expenses, any and nit judgments that may be incurred by or obtained against the Purchnscr Or any of its Or their oRecrs, agents or employees in such suits or other proceedings, Ind in ease judgment or other lien he placed upon or obtained against the property ofthe Purchaser. or said panics in or as a resit of such suits or other proceedings, the Seller Will it once cause the same to be dissolved and discharged by giving bond Or othencise. The Seller and his contractors shall lake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imys and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant themto. Revised 0312010