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HomeMy WebLinkAbout450506 DITESCO LLC - PURCHASE ORDER - 9141811City of F„6rt Collins Date: 03/31 /2014 Vendor: 450506 DITESCO LLC 1315 OAKRIDGE DR SUITE 120 FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9141811 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 03/31/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 WO # D-WRF-2014-3 GEOTECHNICAL SERVICES FOR DWRF SPT IMPROVEMENTS 1 LOT LS 7515 Consulting Engineering Services for W, WW & Stormwater Facilities 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 10,879.00 Total $10,879.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. W-a4502. Federal Excise Tax Exemption Camfir. of Registry e4fi0005S1 is registered with dam Collector of Failure of ❑A Purchaser to insist upon strict performance of the terms and conditonn hereof, failure or delay to Imemal Revenue, Deaver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26,114 (a), reform any rights m remedies provided herein or by law, failum to promptly notify the Seller in the event of a branch, the acceptantt of or payment for goods hereunder of approval ofthe design, shall —1 reliance the Seller of Goods Rejected. GOODS REJECTED due in fli lure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any fight of the damage in transit, may be rammed to you far credit and are not to be replaced except upon macyl of scram Pt rchasor to insist upon strict performance hereof or any of its rights or remedies in to any such goods, regardless instructions from the City of Fon Call.. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall Any purported - and modification or rescission of this purchase order by the Purchaser spectre as a waiver of any of the Arms Inspection. GOODS Am subject to the City of For COULAs hopation on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respome to this We, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual e o is practice, ovefchargec resulting from aAmovs, �forr ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theremfoa, good cause and as consideration for executing this purchase'oc er, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins, 700 Wood St. Far: Collins, CO 90522, unless acquired under federal or shire antitrust laws for such overcharge miming to the particular good or services otherwise specified on this oNer. If permission is given to prePay freight and charge sepamAly, the original freight pnrcha. it or Acquired by the Partial pursuant An this purchase order. bill must accomumv invoice. Additional chances for making will not be accepted. Shipment Distance Where manufacturers have distributing palms is various pans of the ruman , shipment is expected from the nearest distribution paint to destruton, and excess freight will be surfaced from Invoice when shipments ere made firm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, vmifnates and licaner, required by all applicable laws, reSntations, odinances and Ales ofthe state, municipality, leritory or political suldivisioa where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller frcher agrees to hold the City of Fall Collins harmless from and against all liability and loss incurred by them by reason of an asserted or establishN violation of my such laws, regulations, ordinances, mans requirements. Authonzotion. All parties to this contract agree that the Marasenatives are, in fact. hams fide and Assails full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and Any supplementary or additional tenor and conditions annexed hereto or incrafromed herein by reference. Any additional or different W. and conditions proposed by seller are objected to must hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hymn cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time stated oa the purchase seder and the documents attached hereto. No acts of the Purchasers including, without limitation, ecttptar a, of,Aial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsew'hrm and holding the Seller liable for damages. However the Seller shall rest he liable for damages As a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable ttnrrol and without its fault of negligence, such acts of Cod, arcs ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars ar Hots provided but notice of the conditions causing such delay is given to the Palomar within rive (5) days of the time when the Seller limit received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Amod equal to the time acwlty last by maven of the delay. 3. WARRANTY. The Seller warrants that all goods, entries, materials and work covered by this order will conform with applicable drawings, specifications, sumples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with Accepted standards for walk of a similar nalure. The Seller ogmax to hold the purchaser harmless from Any lass, damage or expense which the Purchaser may sutler m incur An aa.W, of the Sellers breach of.,. The Seller shall replace, repair or make good, without cost to the purchases, any defects m faults arising within oar (1) year m within such longer period of time m may be pmcfix by law or by the forms, of my applicable warranty Provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by for breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of one. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make char"'An legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Am., Other than legal rem., including Mditiom to or deletions firm the quantities originally ordered in the sped rications or drawings. by verbal or written change oNer. If any such change afTecut the amount due or the time ofperfortuance hereunder, An equitable adjustment shall be made. &TERMINATIONS. The Purchaser may At any time by written change order, terminate this atpeernenr as to Any or all Auctions of the good then rot shipped, subject to any equitable adjustment between file panics As to any work or mmetials then in pregreas provided that the Purchaser shall not be, liable for Any claims for anticipated profits on the uncompleted portion of the goods Arthur work, fir incidental or consequential damages, and that no such adjustment b, made in favor or hie Seller with respect to any goods which are the Safari standard stock. No such Amuimnion shall relieve the Purchaser or the Seller of any ordain obligations As to Any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for Mjustment must IN asserted within duAry (30) days from the dose the change or temdration is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gaud sold hereunder shall have been produced, sold, delivered and famished in strict o indiatue with all appliaNA laws and regulatiom to which to goods are subject The Seller shall execute and deliver such documents As may be "filed to effect in evidence compliance. All laws and mgalatimis required to he incorporated in agreements of this character Am hereby incorporated herein by this forename. The Seller agrees W indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser As a mint Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or comvry this order, many monies the Of to become due hereunder without the prim written consent ofthe other parry. 10. TITLE. The Seller wramnis full, clear and uamrnded till, to tie Purchaser for all equipment, materials, and items furnished in ponficarmarsaa of this Agreement, free and clear of any and all liens, mrrictlom, resenalmon, security interest mmumbre.. and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may caul the work to be performed by the most expeditions means available to it, And the Seller shall Pay all costs associated with such work. The Seller shall release the Pumhmer and its contractors of any tier tram all liability and claims of any nature resulting Bum the performantt french work. This mleaa shall apply even in hie event of faun of negligence ads, patty relaxed sad stall extend 10 she directors, officers and employees of such party. The Sellers contractual abhgaliom, including warrant'. shall not be dermnd to be reduced. in Any way, because such work is performed or caused to be performed by the Purchaser. la. PATENTS. Whemver the Seller is required for use any design, desire, material or process covered by lunar, patent, trademark r copyright, the Seller shall indemnify and save harmless the Parishioner firm any AM all claims for infringement by ream of the use of such patented design, do, mi hadmnal or process in connection with the contract. AM shall indemnify, the purchaser for any cosl, experts or damage which it may be Mi,cd 10 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 thereofor the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for she Purchaser the fight to continue using said equipment or part, «place file same with substantially equal bar noninfringing equipment, or modify it so it Neonates noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hahifmpt, make an Assignment for the benefit of creditors, appoint a acceiver or Amster fur any of the Sellers property or business, this order may forthwith be canceled by hie Pmchosr without liability. 16. GOVERNING LAW. The definitions ofia . used or the interpretation ofthelnmWwAt and the lights ofall pubes hereunder shall So Onsbued under And govemed by the laws ofthe Sutra of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including Ilse serviar of Sellars Reprewnative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until rise same is filly completed And accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers Mal completion and acceptance, complete the work at Sellers own expense And to the mtisfaction of the Purchasec When materials and equipment me famished by others for m ullation or erection by the Seller, hie Sella shall receive, un end, store And handle tome at hie site AM become mponable therefor as though such maerials andfr equiprrAm were being famished by the Sella under the oNer. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on or in connection with the work covered by this purchase order, and/or to their deprnder , in accordance with the laws of the sate in which file work is to he done. The Seller shall also carry compmin aive general liability including, but not limited to, command And automobile public liability imummu, with bodily injury and death limits of At leas S30gOW for any one Person, SSW." far any one accident and property damage limit per accident Of SAW.". The Seller shall likewise require his contractors, if tiny, to provide for such compensation and insurance, Before any of the Sellers Or his contractors employees shall do Any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation AM imumme have been provided Such conificates shall specify tine dare when such compensation AM Assurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall Na maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assumes the entire mponsibility and liability for any and all damage, loss or injury ofany kind nature whatsoever, to persons or property caused by or resulting firm she execution of the work provided for in this purchase oNer or in corimumn herewith. The Seller will indemnify and hold hmmlels the Purchaser And Any r all of the Purchasers Arttrs, agm. and employes from and ag.insl any and all claims, losses, damages, charges or expenses, whether, direct or indirect, and whether to persons or property An which the Purchase, may be put or subject by reason of any sect, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other p oaredurip shall he brought against the practical or its officers, agents or employers at my since an Account or by reason of any Act, Action, register, omission or default of the seller of any of his coruactors or any of its or their Orleans, agents or employees An of said, the Seller hereby agrers m assume the defame thereof and to defend the some 91 the Sellers own release, to pay any And all cos., ranges, Wmnrys Fares and o%er expenses, any and all judgments that may be incurred by or ob sinad against the Purchaser or very 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 againt the property of the Ptuchssa, or said ponies in or As a result ofsuch suits or other proceedings, the Seller will At ono aloe the same fo be dissolved and discharged by giving bond or oNerwise. The Seller AM his contractors shall take All safety precWtimss, famish and install all gumd necessary for the prevention of accidents, comply with all laws and regulations, wish regard to safety including, but without limilation, the Occupational Safety and Health Act of 1970 and all Ales and regulations issued pursuAnuherem. Revised 030010