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HomeMy WebLinkAbout365211 WESTERN ECOSYSTEMS TECHNOLOGY INC - PURCHASE ORDER - 9144887PURCHASE ORDER PO Number Page City of PURCHASE 9144887 ,oft ' `F6rt / othns This number must packing V ` 1 1�7 on all invoices, packing sli s and labels. Date: 08/25/2014 Vendor: 365211 Ship To: WATER UTILITIES WESTERN ECOSYSTEMS TECHNOLOGY INC CITY OF FORT COLLINS 415 W 17TH ST SUITE 200 700 WOOD ST CHEYENNE WY 82001 FORT COLLINS CO 80521 Delivery Date: 08/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WO # HS-10 HALLIGAN-SEAMAN WATER MGMT PROJECT PHASE X 4 P14 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 Ennail:purchasing@fcgov.wrn 1 LOT LS 832,455.93 Total $832,455.93_ 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 I. COMMERCIAL DETAILS. Ties exemptions. By ..note the City of Fon Collins ex exempt from site and local taxes. Our Exemption Number is I L NON WAIVER. 9gL4502. Federal Excise Tax Exemption Certificae of Registry M.Sbag5g, is registered with the Collector of Failure of the Purchaser 1. insist upon strict performance of the isms and conditions hest fmlare or delay 1. Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise my rights or mndies provided herein or by law, failure to promptly notify the Seiler in the mint of a breach, the accepmna of or payment for goods hereunder or approval 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 dcfds of any of the Foam utiu or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he resumed to you for credit and we not to be replaced except upon receipt of written purchaser to insist upon strict performance loweofor any of its rights or remedies as in any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hemwder, nor shall any purported rest mad,fiewe n or rescission of this purchase order by the Purchase clear, as a waiver of any of the teats Inspection. GOODS art subject to the City of fort Collins inspection on arrival, hereof. Final Acceptance. Receipl of the inamli shm, sery r equipment in respmse in this order ca ,dit in rau 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pat of the City of Foe C.1has. However, it is to be understood that FINAL Seller and the Porch:uer recognize that in rental economic practice, overcharges resulting fmm antitrust ACCEPTANCE ex dependent upon completion of all applicable recipient inpection procedures, violations are in fact home by the Purchaser. Theminfic s.nfonr good cause and as consideration for executing this purchue order, the Seller hereby assigns to the Forebear soy and all claims it may now have in herea0er Freight Tents. Shipments most he F'.O.D., Ciry of Fiat Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired sheer federal or stem sntearml laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pamissien is given to prepay freight and charge sepmately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bil I must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have d¢nibaing points in summary parts of the country, shipment is expected fmm the rarest distribution point to destination, and excess freight will he deducted fmm Invoice when shipments we made fmm greater distance Permits. Seller shall pmcurc al sellers sole cost all necessary pewits, canificaes and liverms rynircl by all applicable laws, rebulnlions, ordinances and rules of its sire, municipality, h nitory ter Pul'nical subdivision where Jet work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further ages, or hold the City of Fart Collins hawless from ad against all liability turd loss featured by them by reason of an asserted or esabli.hed violation of any such laws, mplatioa, ordinances, rules and rryuir rents. Authorization. All parties to this contract agree that the representatives are, in fact, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order exist limits acceptance to the miss and conditions stated hens. set forth and any supplementary or additional teas rid conditions annexed hereto or incorporated herein by reference. Any additional or differml mmts and conditions proposed by stile arc objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as rwled. Time is m the essence. Delivery and performmhw most he effected wits. the lime stared on the purchase order and the documents allached hereto. No acts of the Purchasers including, without Initiation, acceptance of partial late deliveries, shall operant As a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option aplacing this order elacwhere and holding the Seller liable for damages. However, the Seller shall nol be liable for d rages as a moill of decoys due to causes not renewably foreseeable which are beyond is reasonable cantml and without its fault of negligence, such acts o'God, azts ofavil or military authorities, goverm eend priorities, fires, strikes, Booq epidemics, wars or hots provided Oat notice of due codition causing such delay is given to the Pu¢haser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall he extended for the period equal m the time actually last by reason cruse delay. 3. WARRANTY. The Seller warrdots that all goods, articles, reaenak and work covered by this order will conform with applicable dmxings, specifications, samples mWor other description Risen, will be fit for the purynes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wurranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptince of the Fond fumishd heeurder (neceptance not to be mueamrably delayed), resulting fmm imperfect or deftcrive work time or materials famished by the Seller. Acceptance or use of goods by the Purchase shall not onstitum a waiver of any claim under this wormnry. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall trend to al I damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no rent include loss of profits or loss close. NO IMPLIED WARRANTY OR MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY. e. CHANGES IN LEGAL TERMS. The Purchaser may make changes In It,[ corms by wnaen change other. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the corms, other than leg[ terns, including additions m or &fell.. from Me quantities, ongirully ordered in me specifications or drawings, by virtual or written change coder. I any such change infects Ne amount due or the time oConformance hereunder, on equitable adjustmmt shall he made. 6. TERMINATIONS. The Purchoser may nl any Iime by written change wdco Term icue this agreement n a my or all portions of the good then wit shipped, subject o any equitable adjustment between the parties as to any work or materials then in progress Provided that the Purchaser shall not be liable for any claims for enlicipmed Profits on the weasopleted portion of the good maker work, for incidental or cmain a rnal damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers mundad stock. No such lemriration shall relieve the Purchaser or me Seller of any oftheir obligations w to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for whustmea must be assured within thirty (30) days fmm the mite the change or mwcromin is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and deliver such documents res may he requital Io efiect or evidence compliance. All laws and regulations "Wred is he ncorpoated in agreements of this character are hereby incorporated herein by this refinement. The Sella agrees to indemnify and hold the Purchma hamless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, wafer, or convey this order, or any monies due or to become due hereunder without the Prior wnnen consent ofrhe other parry. 10. TITLE. The Seller warrants full, clew and unrestricted title to the Purchaser for al I equipment, materials, and items fumished in performance of Nis agreement, free and clear of any out all liers, restrictions, resrnations, security interest encumbrances and claims of others. 13. PIIRCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase directs the Seller to coned nonconforming or defeelve goods by a date Io be agreed upon by the Purchnt, and the Sellca and the Seller thernBer indicates its wab,I,V or unwillingness to comply, the Parchva may cause the work to he performed by the most expeditious means mailable to il, and the Seller shall pay all mats asscamted with such work. The Sell,, shall release the Purchaser and its conrmcm s of any tie fmm all liability and claims of any nature reviling from the performance of such work. This releae shall apply ever in the evert of faun of negligence of the pony micasd and shall caused to the directors, offices and employees of such party. The Shcrts amtractuid obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. LL PAl'ENTS. Whenever the Seller is required to use any design, device, mntmal or process covered by le s, patent, wdereark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use or such miterned design, device, nmtenal or process in connection with Ite contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution in after the completion of the work. In cam said enjoyment, or any Fort thereof or the intended sea of the Root is in such suit hid m eonsfitate inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either mature for the Porchrer the right ,, continue using said egoipmem or pens, replace the same with substantially equal but nowerringing ecuipinent, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall beomc imolvem or bardmpl, make an assignment for the berg fil of creditors, appoint is receiver or m trtee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of all paries heeander shall be wowed under and weemand by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller er is to perfowork hereunder, including the services of Sellers Represcnmtive(s), on the Co mere of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed] and ameeed, and shall, in wee of any accident, destruction or injury N, the work and/or auterials hefore Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction ofthc Purchase. When mate rid, and equipment art furnished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials author equipment were being famished by the Seller under the other. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers competwtion, including ex cupftional disease benefits, to its employees employed on or in connection with the work covered by Ibis purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, cenhaaoal and automobile public [wilily insurance with bodily i Jury and death limits of ar leas 5300,000 far any one persoq 5500,Ooo for any one accident and property damage limit per accident of S400,000. The Seller shall likewise calcine his contactors, if any. to Provide err such mmpensatiion and imumnce. nemre any of the Sellers or his croaftwoomes employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificate that such compensation and insurance have been provided. Such ten ficams shall specify the date when such compensation and immance have been provided Such cenificates shall specify the date when such campeusation and insurance expires. The Seller agrees that such compesariew and insurance shall he maintained until tiger me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumm the entire respr.uibility and liability for any and all damage, loss or injury of any kind or nature whatenever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold numbers me Puecbaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be of or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his onmuc om, or any of the Sellers or commexas oRcem, agents or employees. In case any suit or offer proceedings shall be brought against the Purchase, or its officers, agent or employms at any time on account or by reason of any act, action, neglect, omission or def od, of the Seller of my of Ins contractors or any of its or their officers, agents or employees as aforesaid, she Seller hereby agrees as assume the defense thereof ad to defend the same at the Sellers awn expense, to pay any and all rests, charges, anomeys fees and offer expenses, any and all judgmmts that may be incurred by or obtained against the Purchaser or any of its ear their officers, agents or employees in such suits or other proceedings, and in care judgment or other Into be placed upon or obtained against the property of the Purchaser, or said parties in or is a result of such suits or other proceedings, the Seller will at once cause the mine to he dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, fumish and instill all guards aeccssary for the poeverow. of accidents, comply with all laws and regulation wit regard to safety including, but without limiatian, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Nercm. Revised 07n011