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HomeMy WebLinkAbout450506 DITESCO LLC - PURCHASE ORDER - 9141600Fort Collins Date: 03/18/2014 Vendor: 450506 DITESCO LLC 1315 OAKRIDGE DR SUITE 120 FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9141600 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 DESIGN SERVICES WO # PLUM SEWER-DITESCO-2014-1 2 DESIGN SERVICES WO # PLUM SEWER-DITESCO-2014-1 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 1 LOT LS 1 LOT LS 30,399.75 10,133.25 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. COMMERCIALDETAILS. Tax exemprium By statute the City of Fon Coll ins is exempt from sme and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifiam of Registry 84-6000587 is registered with the Collector of Failure of rile Parcher to insist upon strict performance of the teblu and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revised Sumac 1973, Chapter 39-26, 114 (a), examine any rights or remedies provided herein or by law, failure 10 promptly notify the Seller in the event of a breach, the acceptance ofor payment far goads hereunder or approval of be design, shall not release the Seller of Goad Rejector. GOODS REJECTED due to failure to meet specifications, either when shipped or dire to defers of any of the warranties or Obligations of this purchase order and shall Oat be domed a waiver of any right of the damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of wrinan purchaser to imist upon strict performance hereofor any arias rights or remedies as to any such good, regardless morm.ono from the City of Fon Collins. of when shipped, mocivxd or accepted, as to any prior or subsequent default hereunder, nor shall any purported ore) modification a remission of this purchase oNer by the purchaser rmable m a waiver of any of the terms Impallon. GOODS arc subject to the City affirm Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, smice s or equipment in response to this order can ravish in I2.ASSIGNMENT OF ANTITRUST CLAIMS. analwa ed payment an the part of the City of FaroCollins. However, it is to be understood Will FINAL Seller and the Purchaser awagam that in actual economic actice, overcharg es resulting from antitrust ACCEPTANCE is dependent upon completion craft applicable required inspection procedures, violations are an fact home by the Purchase, Theretofore pr, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchase, any and all claims it may now have or hereanef Freight Terms. Shipments most be F.O.D.. City of Fan Collins, 700 Wood St., Fort Collins, CO 80522. unless otherwise spai fied era this order. If permission is given 1r prepay freight and charge separdmly, the original freight bill must accompany runnel. Additional changes for parking will not be wompled. Shipman Distance. Where manufacturers have distributing peims in various as of the country, shipment is expected from the nearest distribution paint to destination, and aw as freight will be deducled from Invoice when shi mends are made final greater divorce. Permits. Seller shall procure at sellers sale cast all necessary permits, cediicntes and licenes required by all applicable Incas, regulations, calibrates and rules of the state, municipality, mrrimry or political subdivision where the work is performed, or nyvired by any other July variational public authority having jurisdiction over the work of vendor. Seller mother agrees to hold ale City of Fort Collins harmless from and against all ).ability am lass incurred by them by reform of an asserted or established violation of my such laws, regulation, ofi inanar, ales and requirements. Amhor ilmon All acres to this contract agree tall the represenuuives arc, in far,, bona fide and possess full and omplete alummy,, bind said panic. LIMITATION OF TERMS. '[his Purchase Order expressly limits acceptance IO the terms and conditions rated herein set both and any supplementary or additinbrl terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mike complete shipment to arrive era your recommit delivery dale as noted. Time is of the nsenee. Delivery and performance most be efered within be time stated on the purchase order and the documents attached hereto. No acts of the Porch ors including, wibonl limitation, weeplame of p:ninl late di lmmes, shall opemm as o waiver of lhis provision. )n the ,an of airy delay. the Purchase, shop hive, in addition m other legal and ngmarble remedies, the option of placing this order elsewhere and holding the Seller fable for damages. However, the Seller shall Out be liable for damages as a mink of delays due to tames not easonably foresaable which me beyond its reasonable control and without its Null of negligence, such acts ofGW, was of civil or military authorities, governmental priorities, fires, strikes, food, epidemic, wars or riots provided bat notice of the conditions coming such delay is given to Ile, Purchsaw within five (5) days of the time when be Seller fnt received knowledge tberar. In the event of my such delay, the date of delivery shall IN extended for the period exist to the time actually lost by reason of the delay. 3. WARRANTY. The Seller ware nts that all good, articles, nuterinls and work covered by this order will contmm with applicable drawings, specifications, samples wagon other descriptions given, will be lit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless Bom any Ins, damage or expense which the pusher may sufiefor incur an account of the Sellers breach ofwamamy. The Sella shall replace, repair or make goad, without cost to the pmrchaser, any defects or faults arising within me, (1) year or within such longer period of time as may be, prescribed by law or by the terra ofany applicable warmly provided by the Seller after the date of acceptance of the good famished Islander (acceptance not 10 he unre bly delayed), resulting from imperfect or defective work done or mmaials b ®rro ed by the Seller. Acceptance a use of good by the Purchaser shall at ombin e a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability he ewider shall rand to all damages ptax immely caused by the much ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILII OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pureho may make changes 1r legal tent by wormer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the terms, other than legal tents, including additions to or deletions from the quantities originally ordered in the specibcatinm or drawings, by verbal or written change order. If any such change affects the amount due or time of,af omanae haeunda, an anitable adjustment shall he mnde. 6. TERMINATIONS. The Purchaser may many lime by written change order , terminate this agramcm as many or all potion of me goods then not shipped, subject many equitable adjustment between the panic as, to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated plants on the uncompleted potion of the Read angor work, for incidental or conamential damages. turd nut an such adjnument be made in favor of the Seller with respect to any good which core the Sellers standard stock. No such rermibrtion shall relieve the Pottstown or the Seller of my of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days boor the date the change or mmhibrlian is ordered. 8. COMPLIANCE WITH LAW. The Seller watmnts thwl all goad said hereubder shall have been produced, sold, delivered aM famished Or strict compliance with all applicable laws and regulations rr which the good art subject. The Sella shall exam, and Deliver such documents as may be acquired 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 Purehma much. from all cases and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Small or convey this order, a any monies due or to become due hereunder without the prior weittem conum of the other pony. 10. TITLE. The Sella warrants full, clear and umesNaed title to be Purchaser for all equipment, materials, and items published in performance of this agreement, bra and clear of coy and all liens, resuictions, rewr,miom, security interest encumbrances and claims oothes. acquired undo federal or state antitrust laws far such memhmga relating 1. the particular good or services parcM1.meJ or acquired by the Purchaser pursuant to this purehax order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct, the Seller to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mums available to it, and the Seller shall pay all cants associated with such work. The Seller shall release the Purchaser and its contractors or any tier from all Eabiliy and calms of any nature cutting from the performance of such work. This relate shall apply even in Ih< event of fault of negligence of We party allowed and shall extend 10 be common, officers and employees of such Party. The Seller's contractual obligations, including warranty, shall alit be, deemed to be reduced, in any way, because such work is performed or calmed 1. be performed by the Purchaser. 14. PATEN 1'S. Whenever the Seller is minimal to use any design, device, material or progress covered by loner, patent, nodemark r copyright, the Seller shall indemnify and save harmless the Purehre r fmm any and all claims for infringement by reason of the use of such patenled design, device, material or process in connection oath the contmm, am shall indemnify the Purchaser for any cost, expense or damage which it may be obligor to pay by reason of such infringement at any time during the prosecution or after the completion of rile work. In case aid mumment, or any pun thereof or be intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, fee Seller shall, at its own expense and at its option, either procure for the Pardtaser the fight m comism if, said equipment or pans, replace the same with rnbslantlalty equal but fo nmlringing equipment, or modify it so it becomes noniaftinging. 15. INSOLVENCY. If the Sella shall havens, insolvent or bardrupt, nuke an assigrunem for the bereft of coeditors, appoint a err trmme for any of the Sellers primary, or business, $is order may foMwith be canceled by the withou Purchaser t liabiliry. 16. GOVERNING LAW. The definiliom oftenne wad or the interpretation of file agreemem and the rights of all panic hereunder shall be construed under and premed by the laws ofthe State ofCalurado, USA. The following Additional Condition apply only or cases where the Seller is a peif.. work hicandem including the services of Sellers Rib exnative(d, on the premises pfofe,rs. 17. SELLERS RESPONSIBILITY. The Sella shall carry or said work a1 Sellers own risk and the lime is fully completed and accepted, and shall, in use of my accident, destrectlon or injury 10 the work andbr materials before Sellers final completion and acceptance, complete the work al Sellers own expeme and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive ublood, store and handle same at the site and become responsible therefor as though such materials andbr equipment were being f forwhor by the Seller under the oNer. I&IHSURANCE. The Sella shall, at his own expense, provide for the Payment of workers compensation. including oceemagorul disease benefits, to its employees employed on or in connection with the work covered by this purchase area, andum to their dependrnm in =cr nce with the laws of ale slam in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with badily injury and death limits of at let., E300,000 for any one person. Mon," for any e occident and propmy damage hour per accident of $400.000. The Seller shall likewise require his contractor, if any, to provide far such compensation and inaumnce. Before any of the Sellers or his commcmts employees shall do any work upon the premises of others, the Sadler shall fumi5b the Purchaser with a cenifiame that such compensation and insurance have been provided. Such can ficara shall apathy the date when such compensation and common, have been provided. Such tee if cater shall specify the date when such compensation road insurance expires. The Seller agrees four such compemation and imurform shall be maintained until after tie, entire work is completed am accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the an ire responsibility and liability far any and all damage, lass or injury of any kind r nahtre whatsoever to persons or propcny caused by or resulting from the execution of the work provided for in this purduse order or in connection herewilh. The Seller will indemnify and hold harmless the Pundownr and any r all of the Pumhmers officers, agents and employers from and against any and all claims, losses, damages, charges or expenses, whether direct or indirem, and whether to person or property w which fee Purchaser may be pm or subject by reason of my real action, neglect, omission or default on the par of the Seller my of his mntionew u or any of the Sellers or conlration, officers, agents or cmployms. In cox any suit or other proceer ings shall W brought against the Purehasa, en its Oficm, 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 employers as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the sane at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgment, bar may be incurred by or obtained against the Purehna or any of its or their ofbcm, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Pmchow, or said porous in or to a result crown suits or other proceedings, the Sella will a1 ono cause the lime to be dissolved road discharged by giving boral or nherwix. The Sella and his contramors shall lake all safety pfismaion, famish and initial[ all gourd --I for the Peacenfon of accident, comply with all aws and regulation with negand to safety .]ad.,, bur wiboat limitation, flue, Occupatima'el Safety rota Health Act of 1990 and all ales and regulation issued pursuant thereat. Revised 03I2010