HomeMy WebLinkAbout104425 LARIMER COUNTY CANAL #2 - PURCHASE ORDER - 9144146Fort Collins
Date: 07/22/2014
Vendor: 104425
LARIMER COUNTY CANAL #2
IRRIGATING CO
c/o ROSANNA HARRIS
730 ASH MESA RD
DELTA CO 81416
PURCHASE ORDER
PO Number Page
9144146 101`2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 07/22/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Ditch Crossing Fees 1 LOT LS 5,500.00
Dated July 17, 2014
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
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. COMMERCIAL DETAILS.
Tax exemptions. By mimic the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-0i5@. Federal Excise Tax Exemption Cmificom of Registry M-6000587 is registered with the C. lecmr of
Failure aria, Purchaer to must upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 W (a).
exemice any rights a —mhos provided herein or by law, failure an pmmpdy notify the Seller in the sent of a
breach, the acceptance of., paymenr for goods hereunder or approved of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall net be deemed a waiver of any right of the
damage in transit, may be netumed to you for credit and are not to be replaced except upon receipt of wramn
Purchauno insist upon shod performanre hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Tom Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any puryoned
oral ran ficmion or mscissirm of this purchase order by the Purchaser operate as a waiver of any of the ferns
Incursion. GOODS are sobject o The City of ran Collins ampecion on anii, 1.
hereof.
Fival Acceptance. Receipt of the merchandise, services or equipmrnt in response to his oNer can ¢suit in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the Port of the City of Fon Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual commannic practice, reconfirms; resulting from antitrust
ACCEPTANCE is dependent upon completion of al l applicablo on,m tad inspection procedures.
violations art in fact home by the Purchaser. Therefrom, for good cause and as consideration for executing this
purchae order, the Seller hereby .,at,, to the Purchaser any and all claims it may now have or hemafler
Freight Temns. Shipments must be EO.D, City of Fort Coll inns, 700 Waal St., Far Collins, CO 80523, unless
acquired under federal or .to antitrust laws for such overcharges relating to the particular goo& or services
otherwise specified on this under. If permission is given 10 prepay freight and charge separately, the original freight
pumhamd or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Whore manufacmrtrs have distributing points in same, pans of the country, shipment is
If the Purchaser dozers the Seller to correct nonconforming or defective goods by adate to m agreed upon by the
expected fmm the nearest distribution point to destiwui e, and excess freight will be deduced fmm Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance,
may cause the work to be performed by the most expeditious me., available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses acquired by all
applicable laws, regulations, ordinances and rates of the smte, municipality, mmcory or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier Wm all liability and claims of any nature
the weak is lionhearted, or imputed by any other duly constituted public authority havingjunsdiction over the work
resulting fmm the performance afsuch work.
of vendor. Seller further agrees to hold the City of Tom Collins harmless from and against all liability and loss
used by them by reason of an awned or established violation army coach laws, regulations, ordinances, rules
This release shall apply even in the event of fault of negligence of the party released and shall extend t0 the
and requirements.
director, oRcers and employees afsuch parry.
Authorization. All parties to this contract agree that the representatives tire, in fact, bona fide and pusiew full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and conditions soled
herein set forth and any supplementary or additional terms and condhi.= a=exal hereto or incorporated hemin by
reference. Any additional or different terms and conditions proposed by seller ere objected to and hereby jecul.
].DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make carmine shipment to arttoo oa year
promised delivery date as noted. Time is of the exuare. Delivery and performance must he effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limimtim, ampmnee unpinned late deliveries, shot[ mo ace as a water, of rhis provision. In the even, of any delay,
the Purehaer shall have, in addition to other legal and rquiodble remedies, the option affiliating this order elsewhor,
and holding the Seller liable for damages. Between. the Seller shall not be liable for damages as a result of delays
due to moms not remerably foreseeable which are beyond its wromable maul and with.., its feat, of negligence,
such acts of God, acts of civil or military, authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given na ,he Purchaser within five (5) days of the
time when the Seller fiat received knowledge thereof. In the event of any such delay, the date of delivery skill be
extended for dm period equal to the time zcmally lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
,informal with the highest degree of care and competence in accordance with accepted smn&r& for work of a
similar =lure. The Seller agrees or hold the purchaser harmless tram any lass, damage or expense which the
Purchaser may sutler or roar on account of the Sellers bench ofwarmnry. The Seller shall replace, repab or make
good, without cost to the purchasrrs any defects or faults arising within one (I) year or within such longer period of
time as may be poscibed by law or by the tomni of any applicable warranty provided by the Seller after the doe of
acceptance of he goo& furnished hereunder reinforce not to be unreasonably delayed), resulting room imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goo& by the Purchaser shall not
anstitnte a waiver army claim under this warranty. Except as otherwise provided in this purchase order. the Sellers
liability hereunder shall extend to all damages pmadimnttly caused by the breach of any of the Fu cooing warranties
or guarantees, but such liability shall in no event include loss of pmfim or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes in legal horses by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes as the homes, other than legal moss, including additions to or deletions Tom
the quantities originally ordered in the specifications or drawings, by verbal or wrawn change order. If any such
change affects fie amount due or the time rf,fiffo rev. hereunder, an equitable adjuamrnl shall be made.
6. TERMMATIONS.
The Purchaer may in any time by evemen change able,, moraine Ihis agreement as to any or all wartioof the
goods men not shipped, subject to any r= equitable adjustment between the panics as to any work or materials then in
progress provided fat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
,onion of the goods arldfor work, fur incidenml or consequential damage, and that no such adjustment be made in
favor of no Seller wilt respect to any goods which as the Sellers standard] stock. No such mrmi=lion shall relieve
me Purchaser or the Seller of my i ffeb obligations m no any goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT'.
Any claim for adjustment must be asserted within thirty (30) days from the ram the change ar termination is
m hand,
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods ore subject The Seller shall execute and
deliver such documents as may be required to effect at evidence compliance. All laws and regulations required to be
incorporated in agreements of this charaser are hereby inummerated herein by this reference. The Seller agrees or
indemnify and hold the Purchaser harmless from all mss and damages suffered by the Purchaser as is rcut, of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tmurd er. or convey this major, in my monies due or no Eceomc due hereunder without the
prior written consent ofthe other party.
10, TITLE.
The Seller wasumb s full, clear and wrtstricad title W the Purchaser for all reimposed, materials, and imms famished
in perfomwre of this agreement f and clew of any and all Item, resniciors, mermlions, security armrest
encumbeunce and claims ofodso n.
The Seller's contractual abligalians, including warranty, shall not be doomed to be reducal, in any way, bounew
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
%%%rnever rise Seller is required to use any design, deiiez. material or process covered by loner, patent, trademark
or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, man nal or process in connection with the contract, and
shall iadenmiI, the Purchaser fart any coal, expenses or damage which it cony be obliged to pay by reason of such
arrangement at any time during the prosecution or after the completion of the work. In case said equipment, or
my pan thereof or rise intended use of the goods, is in such suit held to candidate infringement and rate use of
said equipment or pan is Joints, the Seller shall, or to own expemo sad at its ap.m. either procure for The
Purchaser the right to continue using said expiration or pans, replace the same with substantially alwl be,
nonirefnnging equipment, or modify it so it becomes nmtinGngim.
15. MSOLVENCY.
If the Seller shall become insolvent or bankrvpt, make an assignment for the benefit of credimrs, appoint a
receiver or trustee for any of the Sellers property or business, this under may forthwith he canceled by the
Pumhaser wihom liability.
16. GOVERNING LAW.
The definitions of terms used or the ire gonation of the agreement and the rights of all parties hereunder shall be
construed under and gwomen by fLe laws tiffi a Stale i f Colorado, USA.
The following Additional Conditions apply only in cases when the Seller is to Perform work hermunder,
Including the services of Sellers RepresentativHs), on the premises of others.
17. SELLERS RESPONSIBILITY. _
The Seller shall carry on and work o Sellers own risk until the were is fully completed and accepted, and shall,
in se crony accident, distraction or roman, to the work torpor materials before Seller's final completion and
ace,more, complete the work at Sellers own expense and to the maefodiun of the Purchaser. When mamriuh
and Wripment are finished by others for installation or mention by the Seller, fire Seller shall receive, unload,
score aM handle same at me site and become responsible fefefor as dough such materials and/or, tyto,our t
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn 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,
and/or to their dependents in accordance with the laws of the one in which the work is to be done. The Seller
shall also carry comprehrnsive general liability including, but not limited W. contractual and automobile public
liability imumnce with bodily injury card death limits of m least $3W.0W fur my one person, SSOO,mID for any
one under, and primary damage limit per accident of S400,000. The Seller shall likewise coquina his
if any, to provide for each compensation and insurance. Before tiny of Oae Sellers or his contractors
employees shall do any work upon the premises of olhefs, the Seller shall famish the Purchaser with a certifrcane
that such compensation and insurance base been provided. Such cenilicmes shall specify the dace wheir such
compensation and insurance hove been provided. Such cenifcam; shall specify the date when such compensation
and insurance captive. The Seller agrees Out such compensation and insurance shall be maintained and oiler the
.,,ire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
to nature w imme,er to pmpns or property caused by or resulting from me execution ofthe work provided for in
this purchase order or in corrosion hours dlb. The Seller will indemnify and hold harmless the Purchaser and any
r all of he Purchasers .free.. agents and employees front and eg.abo any and all claims, Maus. damages,
charges in expenses, whether direct or indicted, and whefer to powns or pro,, to which the Purchaser may
be put or subject by tnson of my acl, action, neglect, omissive or default on the pan of the Seller, any of his
mntmctors, or my of the Seller or contactors officers, agents or employees. In cue any suit or other
proceedings shall be bought tgairs, fie Purchaser, or its ofrcm, agents or employees at any time on account or
by reason of any act action, neglect, omission or default of the Seller of any of his contmcmrs or any of its or
their ofucers, agents or employees as aforesaid, the Seller hereby to. to nsmme the defense thereof and or
&fend the same in the Sellers own expense, to pay any and all costs, charges attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other promo iags, and in case judgment or other lien be placed upon or
obtained against the property of fie Purchaser, or said parties in or as a feint of such suits or at proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving boon or otherwise. The Seller and
his contusions shall Like all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regularities with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued p—a., them..
Revised 072014