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HomeMy WebLinkAbout211762 HINES IRRIGATION CONSULTANTS INC - PURCHASE ORDER - 9131946PO PURCHASE ORDER 913194er Page C117/ of PURCHASE 31946 1 of 2 ' `t Collins/ his number must appear V 1 1 on all invoices, packing sli s and labels. Date: 03/18/2014 Vendor: 211762 HINES IRRIGATION CONSULTANTS INC 323 WEST DRAKE RD, STE 204 FORT COLLINS CO 80526-8115 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 04/16/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 change order 3 Woodward 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 EA 1,400.00 1 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By starute the City of Fart Collins is exempt fmm sum and laal taxes. Our Exemption Number is 98-foi Fin and Excise Tax Exemption Certificate of Registry 84-6000589 is neovaercd with the Collector of Internal Reveme, Deriver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defbcts of damage in transit, may be returned to you for credit and are not to be refunded except upon receipt of widen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an arrival Final Acceptance. Receipt of the merchandise, semces or equipment in response to this order con result in authorized payment an the pan of the City of Fed Collins. However, it is to M understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fed Collins, 700 Woad St, rod 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 pads of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from g.ad distance. Permits. Sella shall procure el sellers sole cost all necessary pemrits, eer ifical and ]it. required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly combated public authority having jurisdiction over the work of vendor. Sella Rather agrees to hold the City of rod Collim hamlesa firm and against all liability and loss incurred by them by reason of an asserted or esmblOmi violation of any such laws, regulatiom, ordinances, tales and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and p..co, full and complete authority to bind said panics. LIMITATION OF TERMS. This Famhau Order expressly limits acceptance to the terms and conditions stated herein am forth and any supplementary or additional terms mat conditions annexed hereto or incorporated herein by reference. Any additional or different terms sad mndidou purposed by sell. are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in move on your promised delivery date as acted. Time is of the cmenm. Delivery and psoomar zde, most be effected within the time ,rated on the parchaee order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpmal Inte deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to rumors not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military announces, governmental priorities, free, mikes, Bond, epidemics, wars or nose provided Nat notice of the conditions dancing such delay is given to the Pumhaser within five (5) days Of the time when the Seller first received knowledge therm(. In the event of any such delay, the dam of delivery shall Its, extended for the proud equal to the time actually lost by ended ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work coveted by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and comgaence in accordance with accepted standard for wok of a similar nature. The Seller agrees to hold the purchaser landless mean any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wareamy. The Seller shall m lure, repair or make good, without cost m the purchaser, any detects or faults arising within one (I) year or within such longer period of time as may be presented by law or by the terns of my applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance net m as: unseasonably delayed), resulting fmm imperfect or defective work done ad materials famished by the Seller. American, or use of good by the Purchase, shall not amtimte a waiver of any claim under this waamnry. Except m otherwise provided in this purchcse maker, the Sellers liability hrmodder shall extend at all damages proximately solved by the breach of any of the fomgoing xvrmdes or gomamms, bud such liability shall in no event include loss ofpmfits or lass of sue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal menu, including additimu to or delrtions form the quantities originally ordered in the specifications or drawings, by verbal or wrinm change order. If any such change suffers due amount due or the time ofpcerfom once hereunder, an equitable adjustment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, hommone this agreement m to any or all portions of the goods risen not shipped, subject to any equitable ndjuandent beloveds the parties as to any wale or materials then in progress Provided Nat the Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted portion of the good and/or work, for incidental cr consequential damages, and Nat no such adjunment be made in favor of the Seller with me,rcl m any goods which are the Sellers standard stork. NO snch termination shall termer the Purchaser or the Seller crony of their obligations as to any good delivered hereunder. 11. NONWAIVER.aser Failure of the Purchto insist upon strict pert and, of the manna conditions and conditiohereof, failure or delay to any rights err remedies provided herein or by law, failure to promptly notify the Seller to the event of a breach, the acceptance afar payment for goods hereunder or approval Orrin, design. shall not release the Seller of any of the warranties or obligations of this purchase oNer and shall not be deemed a weaver of any right of the purchaser to insist upon strict performance herwfor 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 purposed Orel modifiddion or rescission of this purchase Order by the Purchaser operate ma waiver of any of the menu hems(. I 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the l Purchaser mummer that in actwm l ccomic practice, overcharges reaching an g m timsst violations are in fact home by the Paohas.. Formation, for good cause and as consideration for executing this purchase arder� the Seller hereby, assigns to the Purchaser any and ell claims it may nosv have or hereafter acquired underlfederal or state anlionext laws for such overcharges relating IO the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller m comet nonconforming Or detective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller Hereafter indicate, its inability or unwillingness Io comply, the Purchaser dom e me the work m For performed by the most expeditious means available to it, odd the Sella shall pay all sons associated with such work. The Seller shall release the Purchaser and its contractors of any her fmm all liability and claims of any suture resulting from m performance ofsuch wo. This release shall apply even in the event of fault of negligence of rise party released and shall extend to the directors, officers and employees ofsuy. ch part The Seller's cotractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or commit to be pert rc performed by the Puhases. 14. PATENTSI Whenever the Seller is required Ira use any design, device, material or process covered by letter, patent, trademark cr copyright, Itir Seller shall iothermy and save hvmless the Purchaser food any and all claims for infingeem by reason of the use of such patented design, device, rwterial or process in connection with the contact, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringrmmt cl any time during the prosecution m after the compledim of the wok. In cast said equipment, or due pan thereof or e intended me of the gis in such suit held to comtimte infringement and the me of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure th for e Purchaser the eight to continue Icing said equipment or pans, replace the some with substantially equal but noniafringing equipment, or modify it so it becomes noninfringing. If the Seller shall become insolvent or bankrupt. take an assignment for the benefit of creditors, appoint a in trustee for any of the Sellers pmpeny or business, this under troy forthwith be wnc,IW by the Purchaser without liability. I& GOVERNING LAW. The drimitioraoftemuelm a the mandis atim a film agreement and the rights ofall panda beardler shall be contained and and governed by the laws of the State ofColom tea, USA. The following Additional Conditions apply only in c where the Sella is b perform work hereunder, including the aljdvices Of Sellers RrpreunNtim(s), m the promises of.duen, 1'I. SELLERS RESPONSIBILITY. The Seller shall carry on said wok some at Sellers own risk until the se is fully completed and accepted, and ahall, in rue of anylaccident, destruction or injury to the work anNm mmerials before Sellers f 1 completion and acceptance, complete the soak at Sellers own .,and m the satisfaction of the Purchaser. Wbev materials and equipment am famished by others for installation m reaction by Ile Seller, the Seller shall receive, unload, rt nam same and handle e at the site and Fireman, responsible therefor as though such matmaH marked equipment were being furiiabnd by the Seller order the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers dimp rriation, including occupmion it disease benefits, to its employees employed on or in connection with the wok covered by this purchase order, and/or t0 their dependents in accordance with the laws of the amen in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile publicn liability insurance with bodily injury and death limits ofat least $300 WO for any one peon r100 S500.for any one accident End propety rdamage limit per iccidcnl of S400,00). The Seller shall likewise require his commission, Wary, to provide for such wen mpamion and insurance. Before any of the Sellers or his mds ntraeo employees shall do any wok upon Ore premises of others, the Seller shall famish the producer with a certificate then such compenation and insurance have been provided Such rerdfcates shall specify the date wham such compensation and insurance have been pmcided. Such cenifcates shall specify the date wham such compensation anura d insnce ixpires. The Sella agrees Nat such comparisons. and i ormacee.hall be maintained until after the 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for nay and all damage, loss or injury of any kind ]. CLAIMS FOR ADJUSTMENT. or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in Any claim for adjmtment must be asserted within thins (30) days from the date the change or monsoon. is his purchase Order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any ordered. r all of the Purchasers oRbed, agents and employees from and almostany and all claims, losses, damages, charges or expcmes, whether direct or indirect, and whether to persons or property to which the Purchaser may be put Or subject by reason of any act =amt neglect, omission Or default on the pan of the Setter, any or his ammcton, m any of For Sellers car contractors officers, agents or cmploOm, In case any and or other proceedings shall be brought against the Purehater, or its oRcen, agents or employees at my 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 ofivera.'agents or employees .aforesaid, the Seller hereby agrees to was udo, the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and oNer expenses, any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Punched, or said parties in or as a result of such suits or other proceedings, the will or once cause the same m be dissolved and dischsrgnd by giving bond or otherwise. The Seller and his contractors shall cake all safety predictions. f ish and aamll all guard necessary neceary for the prevention of accidents, winply with all laws and regulatiom with regard to safety idudnding, bud without limitation, the Safety end Health Am of 1990 and all tales and regulatiom issued pursuant theories 8. COMPLIANCE WITH LAW. Far Seller warrants that all goods sold hereunder shot] Force been produced, sold delivered said famished famished m s compliance with all applicable laws and regularegulationsm which the good are subjmt The Sella ,ball execute and ltec deliver such documents as may be required m er or evidence compliance All lawregulationsregulatiorequired m be incorporated its agreements of this character are hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser hatmlesa from all costa and damages suffered by the Purchaser ed a result of the re to Sellers failoempty with such law. 9. ASSIGNMENT. Neither parry shot] textile, nansfer, or convey, this order, or any monies due or to became due hereunder without the poor wnnm consent of the other party. 10. TITLE.m The Seller wm%full, clear and usuesuicted fide m the Pardoner for all rquipment materials, and items furnished in performance of Ilus agreement, free and clear of any and all liens, ras000m, resmm atio, security interest encumran bces and claims ofmh.s. S<Iltt Dh1p YONI I Revised 03R010