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HomeMy WebLinkAbout450506 DITESCO LLC - PURCHASE ORDER - 9144143Fort Collins Date: 07/22/2014 Vendor: 450506 DITESCO LLC 1315 OAKRIDGE DR SUITE 120 FORT COLLINS CO 80525 PURCHASE ORDERPO 914414er Page 144143 101`2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 07/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t WO # DITESCO-2014-1 WTF CONSTRUCTION ACCESS GATE 1 LOT LS 7515 Consulting Engineering Services for W, WW & Stormwater Facilities Capital Improvements 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@fogov.com 67,355.00 Total Pay terms net 30 days 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 exemption. By suture the City of Fort Collins t exempt from sure and local taxes. Our Exemption Number is 98 04502. Federal Etcix Tax Exemption Cmciew, of Registry 84-6000582 is registered with the Collector of Internal Revenue, Drover, Colorado (Ref. Colorado Revised Shoutas 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specificmnim, either when shipped or due m defects of damage in transit, may be resumed to you for credit and are not to be, replaced except upon receipt of written co munsison form the City of Fon Callitss. Inspection. GOODS are subject to the Ciry of Too Collin inspection pas amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Tom Collins However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of ail applicable required inspection procedures. Freight Terms. Shipments .1 be F.O.B., City of Tom Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise s,crifid on this order. If pamissiun is given to prepay freight and charge separately, the original freight bill must accompany invoice. Addltionol charges for Woking will not be accepted Shipment Distance. Where manufacturers have disoibring paints in no. pros of fie country, shipment is expensed from the nearest distribution in, 1p destination, and excess freight will M deducted farm Imoke when shipments are made from greater dismnce. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates tend licenses required by all applicable laws, lcgulmimes wouporces and rules ofthe spite, municipality, territory or political subdivision where the work is pert d or required by any other duly constituted public authority hoomi jurisdiction over the work of vendor Seller further agrees to M1OW the City of Four Collin hornless from and against all liability and loss notional by them by reason of- asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization All panics to Box contract agree that the representatives arc, in fact, Mm fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limit, vcompactor to the ampor and condition surd haein set Earth and any mpplememary or additional tents and conditions annexed hereto or incorporated herein by re@rcnce. Any additional or dilf mat mans and conditions proposed by seller ale objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mnnot make com'Ime shipment as arum im Your promised delivery dam as noted. Time is of the essence. Delivery and performance must be a@eted within the time slated on the '..Rase order and the dacumems attached harem. No ark of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall rot be liable for damages as a mull of delays due to sauces not teasonbly fomttable which art beyond its reesonzble control and without its fault of negligence, such arts of God, pals of civil or military mnhorhies, gocommand priories, fires, strikes. Rood, epidemics, wars a riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge ferrof. in the event of any inch delay, the date of delivery shall be extended for the period equal no the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, 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 performed with the highest degree of care and competence in accordance with accepted standards for work of a similar name. The Sella agrees to Mid the purchaser hamtless from any loss, damage or expense which the Furthasm may suffer or tam on amount ofthe Sellers breach clamantly. TM Seller shill replace, tritium make god, without cost to the purchaser, any defects or faults arising within one It) year or within such longer period of time as may be prescribed by law at by the tern of any applicable warranty provided by the Seller Bier the date of acreptunce of fie guards famished hacunder(accepmnce not to be unreasonably delayed), resulting lion imperfect or defective work done or numerous s f geisha by the Seller. Acceptance or use of goads by the Purchaser shall not onrimte a waiver of my claim under this wamnty. Except as otherwise porvidd in this purchase order, the Sellers liability hercwdm shall extend to all damages proximamly routed by be breach of any of the foregoing warrarties or guarantees, but such liability shall in no event include Ins ofp.Gu or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser. may Crake changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser hay make any changes o the terms, other than legal terms, including additions to or deletions from the goutdoes git oritnlly ordered in the specifications or drawings, by vemm or written change order. IIany such change aneck be amount due or the time of performance hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may an any time by miuen change order, terminate this agreement as to any or all'onlon of Ore goods [hen not shipped, subject to any equitable adjustment between the parties as to any work or m:ncr als then in progress provided that the Pmcb:kar shall not be liable for any claims far anticipated profits as 1]e uncomplred pumps of the goods araVor work, for incidental or comax,minal damage, and that no such adjustment be made in faro, of the Seller with roper, to my Funds which art the Sellers standand stack. No such rermiestian shall relieve the Purchaser or Ne Seller ofany of their obligation in to any goods delivered bereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for ajustment must be asserted within thirty (30) days from the date the change or lamination is mdai S. COMPLIANCE WITH LAW. The Seller wompars that all goods sold hereunder shall have been produced, sold, delivered and furbished in man, compliance with all applicable laws and regulations Ira which the goods are subject The Seller shall execute vad deliver such documents as may be terminal to effect or evidence compliance. All laws and regulations required to M nominated in agreements of Nis Chamber are hereby incorporated Mrein by this reference. The Seller agrees to indemnify and hold the Purchaser hamhlas from all errs ad damages suffered by the Purchaser as a mutt of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without be prior written commit ofthe other parry. 10, TITLE. The Seller warrants full, clear and unmtricled tide to the Purchaser for all equipment materials, and items firruchd in performance of this agreement, Gee and clan of any and all liens, restriction, reservations, secriry inlmest moumbrences and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and condition 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 in payment for goads hereunder or approval off, design, shall not mloom the Seller col any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict Performance Impart or any of its rights or remdies as to any such goods, regardless of when shipped, received or mopped, as to my prior or subsequent default hereunder, nor shall my Implanted oral modification or rescission of this purchase order by the Purchaser mocam as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANl'ITRUST CLAIMS. Seller and the Purchaser recognize plat in acted economic practice, overcharges resulting from umitrua violation tee in fact home by the Purchases. Therelouse. for good course and as coronations for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereatct acquired under Word or state antitrust laws fur such overchsUes relating to the particular goods or services purchased or squired by to Purchaser Pursuant to this purchase maker. 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. Ifthe Purchaser directs be Seller to correct nonconforming or defective gods by a date to be agreed upon by the Purchaser and the Seller, and be Seller flerea er indicates its inability a unwillingness to comply, the Puraha-r may cause the work to he perfatmd by the most expeditions mean available to it, and the Seller shall pay all costs associzlnl with such work. The Seller shall release the Purebaa and its complaints of any tier from all liability and claims of my nature resulting from she ponbrmarre 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, m1icers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be warned, in any way, Factor such work is performed W caused to be performed by the Purchaser. 14. PATENTS. Whenever tie Seller is ragired to use any design, device, national or process covered by letter patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infngumom by reason of the me of such Wanted design, device, hnerial or process is connection with be contract and shall indemnify the Purchaser for any cost expeme or damage which it may be obligd to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment or any part thereof or the imendd use of the goods, is in such soil held to consomme infringement and the use of said equipment or pan is enjoined the Seller shall, at its own expense and r its option, either procure for the Purchaser the right to continue Wing mid equipment or Pant, replace the same with substantially equal but marinating equipment or modify it an it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a or tmstm for any of the Sellers property or business, this order may forthwith be canceled by the c Pu receiveror without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe ageemenl and the rights of all pries herounda sling M continued under and governed by the laws olYLe Spite of Colorado, USA. The fallowing Additional Condition apply only in cones where the Seller is I. perform work hereunder, including the services of Seller Rimmsenuti,e s), an tM promises oforaers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted and shall, in se of any accident, destruction or injury to the work andor materials before Sellers Brad completion and acceptance, confirm the work r Sellers own expcn- and to fie satsfsplim of Use Purchaser. Nfen marmots s and equipment are fitmishd by others for inulladon or erection by the Seller, the Seller shall receive, primal. sore and handle more at the Bile and become mpanthle therefor as though such mmands and/or equipment were being finished by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compnwtion, including occupational disease benefits, m its employers employed an or in olion with the work covered by this pmchxu under, ardor to their domadmrs in accordance with the laws of the sate in which the work is to be done. The Seller shall also curry mmprinspoxve general liability including, but not limiter to, comrectual end automobile public liability insurance with On ily injury and death limits of at lent 5300,000 fir ony one person, $500,000 fir any ccideat unit property damage limit par .0der of 5400,000. The Seller shot likewise ryuire his continuous, if any, m provide for such compensation and insurance. Before my of the Sellers or his contractor, employees shall do my work upon fe premises of others, Use Seller shall famish the Pumhaser with a redificme that such compensation and insurance have ban provided. Such certificates shall specify the dam when such r mormlim and insurance have been provided. Such certificates shall specify the date when such compensation and imumnce expires. The Seller agrees but such compensation and insurance shall be maintained until after the entire work is compound! and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby soumes the entire responsibility and liability for any and all damage, loss or injury of any kind or rot= whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this Food- order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the, Purchasers officers , agents and employees from and maims any and all claims, Fri damages, chargas or expenses, whether brat or indirect. ua whether to person or property to which the Purchaser may be put or subject by rmson of any act action, nigher, omission or default on the pm of the Seller, any of his commars. or any of the Sellers or contractors officers, agents or employes. In rose my salt or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on normal or by reason of my act action, neglect, mmission or default of the Seller of any of his complains or any of its or Neu officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to defect the same at the Sellers own expense, to pay any and all ants. charges, moneys fees and other expertsez, any and all judgmmu that may be incurred by or obtained against the Purchaser or my of its or that officers, agents or employees in such suits or other proceedings, and in case judgment or other tin M placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once couse the same to he dissolved and discharged by giving band or otherwise. The Seller tend his conlrmlars shall take all safety Interactions. fumish and imerall all goods va., for the promotion of accidents, comply with all Is. and regulation with re,am to safely mounting, but without limitation, the Occupational Safety and Health Act of 1920 and all rates and regulation issued pursuant boom. Revised 07I2014