HomeMy WebLinkAbout525554 COALITION FOR THE POUDRE RIVER WATERSHED - PURCHASE ORDER - 9142073 (2)PO
PURCHASE ORDER 914207er Page
C117/ of PURCHASE
42073 t of z
' `t Collins( his number must appear
V 1 1 on all invoices, packing
sli s and labels.
Date: 08/05/2014
Vendor: 525554 Ship To: WATER TREATMENT PLANT #2
COALITION FOR POUDRE RIVER WATERSHED CITY OF FORT COLLINS
ATTN: JENNIFER KOVECSES 4316 W LAPORTE AVE
PO BOX 876 FORT COLLINS CO 80521
FORT COLLINS CO 80522
Delivery Date: 08/05/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Adding funds for 3rd & 4th Qtr 1 LOT EA 16,666.50
per req. 47819
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
$16,666.50
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terris and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from some and local macs. Our Exemption Number is
98-6t502. Federal Excise Tax Exemption Cenificale of Regiury 84-6000587 is registcted with the Collator of
Interval Revenue, Demo. Colorado (Ref. Colorado Raised Stations 1973. Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to =0 specificatims, either when shipped or due to defects of
damage In transit, may be reamed to you for credit and are not to be replaced except upon receipt of wntren
instructions from the City of Fon Collins.
Inspection. GOODS arc subject to the City ofFort Collins impaction on arrival.
Final Acceptance. Receipt of the merchandise, se responser
r equipment in to this order ca exult in
authorized payment an the pan of the City mf Far[ Collins. However, it is to be cadmium] thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments muse be F O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless
otherwise specified on this order. If peanission is given to prepay freight and charge a"Putly, the original freight
hill most mcommi invoice. Additional chances for nackine will not be accepted.
Shipment Disrobe. Where manufacm ers have distributing Points in various pans of the counory, shipment is
expected from the nearest dktnburpon point to desti-lion, rust excess freight will M daducted from Invoice when
shipments art made firm greater, distance.
Permits. Seller shall procurt 91 sellers sole cast all necessary carm, emificals am lianas required by all
applicable lases, regulations, ordinances and roles of the state, municipality, monetary or Political subdivision where
the work is Performed, or astound by any other duly constituted public authority havi mprisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hanks from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requimments.
Authmiznlinn. All parties 1. this contract .,are that the reprcsentnlives are, in fact, bona fide and possess full and
complete mahmily to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions slated
herein at hear and any supplementary or additional (emits and conditions annexed harem or incorporated herein by
reference. Any additional or different lens and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move net your
Promised delivery date as noted. Time is of the ssen e. Delivery and Performance mum be effected within the time
immd on the puahaa order and the documents attached] hereto. No ids of the Purchasers including, with..
limitation, acc@lanre of panel tale deliveries, shall operate . a wailer of this now. o. In the event ofany delay,
the Porch shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
sal holding the Seller liable for damages. However, the Seller shall rat be liable for damages as a result of delays
due to causes not reassembly Consumable which me beyond its reasonable comml and without its fault of negligence,
such acts of GM, acts of civil or military authorities, governmental priorities, fires, strikes, Bo.d, epidemic, wars at
riots 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 event of any such delay, me date of delivery shall be
extended for the period equal to 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, s,,ificanve, samples ant&., other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchoser may suffer or incur on account of the Sellers breach of wamamy. The Seller shall replace, repair or make
gaed, without cost to the purchoeq my defects or faults arising within one (1) year or within such longer periM of
time as may be presented by law or by the terms ofany applicable wananry provided by the Seller after the date of
acceptance of the goods ftWkhM hereunder (ucepmnce not be unreasonably delayed), resulting from imperfect
or defective work done m -,mats fuaished by the Seller. Acceptance or use of goods by the Purchaser shall not
co-timm a waiver of any claim under this x.mnry. Except. otherwise provided in this parcbase order, the Sellers
liability hereunder shall exlmd to all damages proximately caused by the branch of any of den Rongoing warranties
or guvantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FTfNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wrinm change order. ,.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tears, other than legal mans, including additions to or deletions from
the quantifies originally ordered in the specifications or drawings, by verbal or written change order. Wary such
change effects the mnonnt due or the time if,erfoannnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change oiler, terminate this agreement as to any or all portions of the
goods Then nor shipped, subject to any equitable adjustment between the mm, as to any work or materials than in
progress, provided that the Purchaser shall not he liable for any claims for anticipated profm on the uncompleted
Portion of the good andfor work, for incidental or consequential damages, and that m such adjustment W made in
favor of the Seller with —pact to any good which are the Sellers standard stock. No such teni—tion shall reline
the Purchaser or the Seller of my oftheir obligations as m any good delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within rim (30) days from the doe the change or Panes anian is
orkma1
8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been Imprint old, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be
incorporated in agreements of this chameter art hereby incorporated herein by this reference. The Seller agrees to
indemnity and hold the Purchaser hanless from all costs and damages sufferM by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wsirom consent ofthe other parry.
10. TITLE
The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, r-aerials, oral items famished
in prrfomamse of this agreement free and cl.0 of Pay and all liens, marquises, tesenamans. saunty ire —I
mcumbmncs and claims of amers.
11. NONWAIVER.
Failure of the Purcbsew, ao insist upon at peofonmance of the tens sad ronditions hereof failure or delay m
exercise any rights of remedies provided herein or by law, failure to pmmuly otify the Seller in the event of a
breach, me acceptance ofor payment for gods hereunder or appmxsl ofthe design, shall not release the Seller of
any of the wanmttia or obligations of this purchase order and shall not be, dcemM a waiver of my right of the
purchaser to insist upon strict Performance hereof or my of its rights or remedies as to any such goads, regardless
of when shipped, Pa hM or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rscission of this purchase order by the Purchaser operate as a waiver of my of the mane
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual ... omiu practice, overcharges moildng from antitrust
violations are in fact home by the Purchaer, Theramfure, tfor good cause and as consideration for executing this
purchase order, the Seller hereby mcdgm to the Purchaser any and all claims it may now have or hereatter
acquired under federal or state at,., laws for such overcharges relating to the pmiculur goods or services
purchased or acquirM by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to comet nonconforming or defective goods by a dam to be agreed upon by the
Purchaser oral the Sellea mid the Seller thereafter indices as inability or unwillingness no comply, the Purchaser
Pace, cause the work to be performed by the most expeditious means available to it, Past the Seller shall Pay all
costs wooi.M with such work.
The Seller shall release the Purtbaver and its contactors of any an form all liability and claims of any -lure
resulting from the performance fsuch work.
This release shall apply even in he event of fault or negligence of the parry released and shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify, and save hanks the Purchaser from any and all claims for infringement
by Mason of the use of such pamnted design, device, material or process in connection with the contract, aM
dull indemnify the Purchaser for any cost, eeprme or damage which u may be obligM to pay by reason of such
infringement or any time during the prosecution or after the completion of are work. In case said equipment, or
any Pan thereof or the intended use of the gawk, is in such suit held to co-timre infringement and the use of
said equipment or pan is enPrinM, day, Seller shall, at im own expense and err its option, either pmcurt for thr
Purchaser the right to continue using said equipment or pmus, replace the same with substantially equal but
noninGrnging equipment, or madify it as it bccorms noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, ep ation a
rceeiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions oftens mail or the interpretation of the agreement and the rights ofall parties hereunder shall be
cons Wed under and governed by the laws .(the Some of Colorado, USA.
The following Additional Conditions apply only in where the Seller is to p.fon work hereunder,
including the sames of Sellers Represementivem), on the premiss Planters.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the some is fully, completrd.al Occipital, and shall,
in case of any accident, destruction or injury to the work and/or matenak before Sellers final completion and
acceptance, complete the work in Sellers own expense Pool to the satisfaction of den purchaser. When materials
and equipment are fumkhN by others for installation or ¢ration by me Sellen, the Seller shall receive, unloal
store and haMle same at the site and become responsible therefor as though such materials mdlor equipment
were being f ncisbed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workas compensation, including Occupational
disease hamr, s, to its employees employed on or in connection with the work covered by this purchase order,
andtor to their dependents in accordance with the laws of the slate in which me work is to be done. The Seller
shall aim carry comprehensive general liability including. but not limited to, contractual and automobile public
liability insurance with bodily injury and dauh limits of at least S300,000 for any one person, E500.0001., any
e acaidem mad property damage limit per occident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such onipensntion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon me premises of others, me Seller shall Parody the Purchase( with a cenifcae
that such compensation and insurance have been provided Such cenifioms shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Seller sprees that such compensation and insurance shall he nummined until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell. hereby coupormsaemoire—ponsibil ity and hatith,far any and all damage, loss m injury of any kind
Or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
mix purchase order or al correction herewim. The Seller will Potentially and hold harmless the Purchaser teal any
r all of the Puchasers officers, egenm and employ. from and iournal my and all claims, losses, dvnags.
charges or exceaus, whethur direct or indirect, and whether to persons or property to which the Purchum, may
be put or subject by reason of any act, action, neglect, omission or default on the per of the Seller, my of his
contractors, or any of me Sellers or contractor Officers, agents err employes. In case my suit or other
proceedings shall be brought against the Purchaser. m its officers, agents or employers at any time.n account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in
defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be incurred by or obwiia d against the purchaser ar any of its or their officers,
agents or employees in such suits ar other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and dirchargM by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and imall all guards necessary for the prevention of
accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 Pad all roles am regulations usual pur curt theam,
Revisal 07P014