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HomeMy WebLinkAbout525554 COALITION FOR THE POUDRE RIVER WATERSHED - PURCHASE ORDER - 9142073Fort Collins Date: 04/11/2014 PURCHASE ORDER Vendor: 525554 Ship To: COALITION FOR POUDRE RIVER WATERSHED ATTN: JENNIFER KOVECSES PO BOX 876 FORT COLLINS CO 80522 PO Number Page 9142073 1of2 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 CO 80521 Delivery Date: 04/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Ordered Extended Price 1 2nd On Dues 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.00m 1 LOT LS 8,333.25 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By more the City of Fan Collins u exempt from state and local nixes. Our Exemption Nampa is ILNONWANER. 98-04502. Federal Excise Tox Exemption Contr am of Registry 84-6000587 is mudiodd with the Callmwr of Failure of the Purchaser to insist upon atla p uhnnantt of Ore leans and mvditiovs former. failure or delay he Intcmul Revenue. Denver. Colorado (Ref Colorado Revised Se totes 1973. Chapter 39-26. 114 (a). exercise any rights or mncdics Provided begin on by law, failure to promptly notify the Sella in the went of a breach, the acapmnce arm payment for good hereunder or approral of ge design, shall not release the Seller of Goods Rejected. GOODS REIECFED due a failure to meet specifications, either when shipped or due m defects of my of the warranties or obligations of this purchase order ad shill not be deemed a waiver of my right of the damage in transit duty be ctumd w you for code aid are not It od raptured except upon escape of writes Purchaser to insist upon strict performance hereof or my of its rights or remedies as to any men good, regardless instruments from the City of Fog Col lam. of when sNppd, rsenad or acceptd, res w my prior m subsequent default heremder, nut shall my purported and grobfiatio s or many ion i f this purchase order by the Pombmaroperate as a waiver army i f the or. lapection. GOODS we subject to the City of Fog Coll as impaction on rival. hereof. Final Acceptance. Receipt of the merehmdix, scamicas or equipment in response to this order am result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pug of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser raogaine that in actual ere es is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of ell applicable rrquired inspection procedure. violations are in fact home by fe PurchThaxr. cument,nforgood cause and in camidemtion for executing this purchase order, the Seller hereby nisi,. to the Purchaser any and all claims it may now have or became, Freight From. Shipments must be F.O B., City erring Collins, 900 Wood Se, Fug Collins, CO 80522, orders, acquired under federal or state holding laws for such overcharges relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant a this purchase order. bill mat accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disumce. Where manufacturers have distributing points in various parts of the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to beagneed upon by the expected from the nrareat distribution point m destination, and excess f eight will be deducted from Invoice when Purchmerand the Seller, and the Seller thereafter indicmes its inability crunwiliinguessto comply, the Purchaser shipments are made from greater distance. any cause the work to be Performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, ttrtificoe and licenses required by all applicable laws, regulations, nrdinances end rules of the state, municipality, territory or political subdivision where the work is perforated, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fog Collins harmless from and against all liability ad loss incurred by them by sat of m worried or established violation of any such laws, regulations, latio, ordinances, rates and reraviraga rs. AuNoneation. All pages to this contract agree dust the representatives arc, a fact form fide and pas ss full and complete authority to bid said pubes. LIMITATION OF TERMS. This Purchase Order expressly limits med,ro nee to the or. and conditions soared herein sec forth and any supplementary or aditaal terms all conditions annexed hereto or transformed herein by reference. Any additional or differed ¢ruts and conditions proposed by seller are objected to and hereby cjmmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery dam res noted. Time is of the essence. Delivery and Performance must be effected within the lime slated on the parchax order and the dmtorew, scandal hereto. No sets of the Purchasers including, without limitation, acceptance errand late deliveries, skill operate as a waiver of this provision. In the went of any delay, the Pantheist, shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due to comes ram reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military amhoMies, governmental priorities, fires, strikes, Bond, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the went of any such delay, the dale of delivery shall be exmeded for the plod egwal w the time actually tat by reason of the delay. 3. WARRANTY. The Seller warrants Into all good, articles, mmerials and work covered by this order will conform wit, applicable drawings, specifications, samples andtm infer desdiptions given, will be fit for fe paposes intended, and parformd with the highest degree of are and competence in accordance with incepted standard for work of a similar cow¢. The Seller ogress m hold the purchaxr harmless f my loss, damage or expense which the Parlance my suffer or incur on account of fe Sella breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, my defects ce faults arising within one (1) year or within such longer period of time m may be presented by law or by me more, of my Whabli, warmmy provided by the Sella after the date of acceptance of the goods famished heremder (accepagre not in be umeasonably delayed), resulting from imperf t or defective work done of materals famished by the Sella. Acceptance or sex of goods by tie Purolator shall not omtimm a waiver of my claim under this comedy. Except as aferwise provided in this purchase order. die Sellers liability brander shall extend to all damages proximately caused by the breach of any of me foregoing emmnties or guarantees, but such liability shall in an event include loss ofpmfia or lass of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wnrtm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, other than legal terms, including additions to or deletions from s the quarrifcmi,mally accord in the specifications or drawings, by verbal or vaumn change We,. If any such change effects the amount due err the time ofpimmorn aria hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, tandram this agreement a to my or all portlom of the goods then not shipped. subject o any Notable adjustment between the ponies or many work or materials that in progress provided that the Purchaser shall not be liable for my claims for mticipated profits on the uncompleted portion of the good maker work, for incidental or conammu n ial damages, and that no such adjustment be rode in favor of the Seller with respect an any goods which are the Sella standard stock. No such mrmimtion shall relieve the Pachuer or the Seller army ofiber, obligation as w any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for djatmmt mat be asserted within thirty (30) days f the date the change or termination u ordered. S. COMPLIANCE WITH LAW. The Salle warans Rest all good told heremder shall have been produced, sold, delivered and fingahed in strict compliance with all applicable laws ad regulations to which the pond am subject. The Sella shall execute and deliver such documents m nay be required to effect or evidence compliance. All laws and regulatiors required to be incorporated in agreemens of this charxter am herby memperated herein by Nis refereme. The Sella agrees to indemnify and hold the Eamhaer hamleas from all casts and damages suRerd by the Pumhser as a result of ge Sella failure to comply wit such law. 9. ASSIGNMENT. Neither party shall ensign, transfer, or convey this order, or my monies due or or became due hereunder without fe prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted one to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lies, restrictions, reservations, security interest encumbrances and claims archers. The Seller shall releme the Purchaser and its contractors of any her 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 parry, telemd and shall extend ro Om directors, of ram, and employees orsuch Perry. The Sellers condere al obligations, including warranty, shall not be deemed to be reduced, In any way, became such some u performed ce aused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller 6 required to sex my design, devie, tome ial or process covered by later, patent trademark or copyright the Seller shall indemnify and save haddeu the Purchaser from any and all claims for infringement by tease of the me of such patented deign, device, maternal or process in connection with the contra, anal shall idemnily the purchaser for any cast, expense or damage which it may be obliged to Fay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my part feaof or the intended use of the good, is in such suit held m constimm infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaw the right to continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringhtg. 15. INSOLVENCY. If the Seller shall become imolvmv or bankrupt make an assignment for the benefit of credimrs, appoint it receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the purchaser warned liability. 16. GOVERNING LAW. The definitiom cranks wed or fire interpretation ofthe agreement and the rights ofall parties M1ereunda shall be coamned order and governed by the laws of fe State ofColomdm USA. The following Additional Conditions apply only in cans where fire Seller is to perform work, hereunder. including the servicesof Sella Rapresenmive(s), on the praises of orers. 17. SELLERS RESPONSIBILITY. The Sella shall carry ran said work at Sellers own risk until den same is fully completed and ismagn , and shall, in use of my accident destruction or injury to the work adlor materials before Sellers final completion and ins epanc, complete the wmk at Sellers own eagenx and on the satisfaction of the Pwehmer. When materials ad equipment use fumisMd by orders for installation or erection by the Seller, the Seller ahell receive, unload, sore ad handle same at the site and become responsible therefor as though such matenals maker equipment were being Remained by for Sella undm the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andkor to their dependam in accordance with the laws of the slate in which the work is to be done. The Seller shall also carry mrowiduaive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lest 53M,000 for my one person, $500,000 for any one accident and primary damage limit per accident of S400,001 The Seller shall likewise require his comeactas, if any, to provide for such compensation and immune. Before any of me Sellas or his contractors employees shall do any work man the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify re dam when such compeamion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the moire work is completed and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sax —es the entire responsibility ad liability far any and all damage, loss or injury of my kind ar mwre whatsoever to protons or property caused by or resulting from the execution ofthe work provided for in Nis purchase order or in connection hawif. The Seller will iMemnify and hold biggest the Purchaser ad any re all of the purchases ofiica, ,as ad employers from and against my and all claims, losses, damage, charges m expenses, whether dined an indirect, and whether w pnxm or propary to which use Puchma may be put or subject by grown, of any act, action, neglect omission in default on the Had of the Seller, my arks contractors, or my of the Sella or contractors ofEcrs, agents or employees. In rase my suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at my time on account or by coming of any net, grim, neglect, omission or default of the Seller of my of his contmmrs an my of its or their officers, agents or employees in aforesaid, the Sella herby agrees to assume the defense thermf and to defect the same aI ge Sella own expase, to pay any and all casts, charges, attorneys fees and other expenses. my cad all judgments gat may he incurred by or obtained against the Pumhud or any of is or their officer, agents or employees in such suits or other proceedings, and in are judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid parries in or as a result of such wits or other proceedings, the Seller will at on« cause the ame to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursuant thereto. Revied 032010