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HomeMy WebLinkAbout365211 WESTERN ECOSYSTEMS TECHNOLOGY INC - PURCHASE ORDER - 9134624PURCHASE ORDER PO Number Page City, O'f///��� 9134624 1 of 2 Flirt Collins lins This number must appear] /�„!I\V`I ` V ` 1 1 on all invoices, packing �slips and labels. Date: 03/13/2014 Vendor: 365211 Ship To: WATER UTILITIES WESTERN ECOSYSTEMS TECHNOLOGY INC CITY OF FORT COLLINS 415 W 17TH ST SUITE 200 700 WOOD ST CHEYENNE WY 82001 FORT COLLINS CO 80521 Delivery Date: 08/22/2013 Buyer: PAT JOHNSON 51M Line Description Quantity UOM Unit Price Extended Ordered Price 2 CONSULTING SERVICES 1 LOT EA 20,621.78 HALLIGAN PHASE VIII , City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 78 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failum m meet specifications, either when shipped or due to defects Of damage in transit, may be returned to you for credit and are net to be replaced except upon receipt Of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City ofFort Collins inspection be artival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment On the par[ of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion Pull applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City Of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to demiwtion, and excess freight will be deducted firm Invoice when shipments are made from greater distance. Permits. Seller shall prowre at sellers sole cost all newasary permits, certificates and licenses mquirel by all applarm a laws, regulations, ordinances and rules of the state, municipality, wmlory 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 further agrees to hold the City of Fort Collins homeless from and against all liability and lass incentive! by them by reason Of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authorization All parties to this connect agree that the mismamatives are, in fact, bona fide and possess full and complete amhorry to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the tame, and conditions staled herein set forth and any supplementary or additional mines and conditions annexed hereto Or incorporated herein by reference. Any additional or difibrent terms and conditions proposed by seller a a objected to and hereby r jaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dale as poled. Time is of the essence. Delivery and performance must be effected within the time slated on the purchase order and the documents attached hereto. No acts of the Purchmers including, withaut limitation, acceptance ofparlial Imo deliveries, shall Operna r a waiver ofthis provision. In the event of eny 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. However, the Seller 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 ofnegligmce, such acts of God, acts ofrivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, as or riots provided that notice of the conditions causing such delay is given no the Purchaser within five (5) days Of the time when the Seller 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, uncles, 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 competence In accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wararty, The Seller shall replace, repeit or make good without cost to the purchaser, my defects or faults arising within me (1) year or within such longer period of time as may be prescribed by law or by the reasons of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting room Imperfecr Or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liobiliry shall in net event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Perfumer may make changes to legal temrs by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the arms, other than legal terms, including additior 0 Or deletions from the quantities originally ordered in the specifications or drawings, by verbal or winner change order If any such change affects the amount due or the time ofea rf nurance 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 adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not h liable for any claims for anticipated profits on the uncompleted portion of the goods anjor work, for incidental or consequential demages, 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 Purchaser or the Seller ofany of their obligations r to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the charge or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as coy be required to effect or evidence compliance. All laws and regulations required to be ncorporated 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 Pmrehrer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, Lumber, or convey this omen in any monies due or to become due hereunder without the prior written consent Ofthe other piny. 10. TITLE. The Seller warrants full, clear and unimmurned title ro the Purchase for all equipment, materials, and items famished in performance of this agreement Ow and clear of any and all liens, restrictions, reservations, warily interest encumbrances and claims f.theses. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the rerrr 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 of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hommor 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 purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in normal economic practice, overcharges resnitiug from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase Order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaR r acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant m this purchase Omer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella m correct nonconforming or defective goads by is data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser eny care the work m be preformed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaaer and its contmeme, of any Per 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 Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material Or process oa ors) by letter, Patent, to demad. or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such Intended design, device, material or process in conoectlan with the contrail, and shall indemnify the Pumhre for any cost, expense or damage which it may be obliged to pay by mason ofmch infringement at any time during the prosecution or after the completion of the 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 prat is enjoined, 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 substantially equal but noninGnging equipment, or modify it so it becomes ra ninfringing. IS INSOLVENCY. If the Seller shall become insolvent or bousent, make an assignment for the benefit of creditors, appoint a receiver art trustee for any of the Sellers properly art business, this ardor may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definirior ofouraw used or the interpretation ofthe agreement and the rights of all parties hereunder shall be orWed order and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where tie Seller is to perform work hereunder, including the services of Sellers Represeenalivagd, on the premises ofothers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work and/or materials before Seller's fowl completion and acceptance, complete the work at Setter's own expense and to the antiabortion of the Purchaser. When maariak and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become sesponsible therefor as though such materials andor equipment were being famished by the Seller under the under. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers wmpensation, including occupational disease benefits, to its employees employed no or in connection with the wok covered by this purchase order, major to their dependents in accordance with the laws of the ama in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, conrmemal and automobile public liobiliry in with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any accident and property damage limit per accident Of S400,001 The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his couturiers employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cri ifica bs shall specify the date when such ompensmion and insurance have been provided. Such certificates shall specify the date when such compensation and rrumnce expires. The Seller agrees that such wmperation and insurance shall be maintained until after the entire work is completed and accepned. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r 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 barmless the Purfiaser and any r 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 persons or property to which the Purchaser my he put or subject by reason of any act, action, neglect, omission or default on the prat 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, agents or employees at any time on account or by reason of any act, action, neglect omission Or default of the Seller of my 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 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 offices, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or .brained against the property of the Purchase, or said parties in or as a result of such sides 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 fake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regdanics with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and rcgulatior issued pursuant therein. Revised 03I2010