HomeMy WebLinkAbout310813 LARIMER & WELD IRRIGATION COMPANY - PURCHASE ORDER - 9145127PO
PURCHASE ORDER 914512er Page
City of PURCHASE
45127 1 of 2
} Collins( This number must appear
` v 1 s on all invoices, packing
sli s and labels.
Date: 09/05/2014
Vendor: 310813 Ship To: WATER UTILITIES
LARIMER & WELD IRRIGATION COMPANY CITY OF FORT COLLINS
PO BOX 206 700 WOOD ST
EATON CO 80615 FORT COLLINS CO 80521
Delivery Date: 09/05/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 2014 ANNUAL PAYMENT PER 1 LOT LS 11,090.00
DRY CREEK MASTER AGREEMENT
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
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. COMMERCIALDEPAILS.
Tax exemptions. By statute theCiry of Fort Collinsisexempt frommateand lead taxes. Our Exemp ..Number is
ILNONWAIVER.
98414502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registetN with the Collector of
Failure of the Purchaser to insist upon inner performance of the terms and candidates hereof, failure or delay to
haland Revenue, Denver, Colorado (Ref. Colorado Revised Suchres 1973, Chagas 39-26,114 Rd.
exercise any rights or remedies pmsided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment far goods hereunder or. ..... I ifthe design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure an meet specifications, either when shipped or due to defar, of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in unnea t, may be one ned to you for credit and are not to be replaced except upon receipt of written
purchaser m insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
corrections fmm the City of Fon Call..
of when shipped, received or accepted, ae, to any prior or subsequent default hereunder, am shall any pumaned
oral modification as .,.am of this purchase order by the Purchaser operate u a waiver of any of the it.
Inspection. GOODS a2 subject o the City of Fan Collins impation on anneal.
hereof.
r
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order cancsfill in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser revogaize that in actual economicO practice, acharges resulting from mounted
ACCEPTANCE is dependent upon completion of all applicable required inspection landslides.
violaions cart in fact borne by the P:andecia. Thava fam,fagood cause and as consideration far execanmg this
purchase order, the Seller hereby assign to the Purchaser eery and all claims it may rmw have of Formula
Freight Term. Shipments most be F.Off.. City of Too Collins, 700 Woad St., Form Collins, CO 80522, unless
acquired under fedeal or sure antitrust laws for such ove rcharga relating to the particular good or service
otherwise specified on this order. If permission is Risen to prepay freight and charge separately, the original freight
purchased or acquired by the Purchua pursuant to this purchase order.
bill must accanmanv invoice. Additional chance for ranking will eat be accepted.
Shipment Distance. Where manutaeturees have distributing paints in various pans of the country, shipment u
expected from the naresl distribution point to destitution, and excess freight will be deduced from Invoice when
shipments are made from greater distance.
Permits. Seller shall pnmeram at sellers sole cost all necessary pemtitte, indicates and licenses required by all
applicable laws, regul:aims. ordinances mW rules of the state municipality, larimm or political subdivision where
the work is performed, or required by any Other duly constituted public authority having jurisdiction over the work
of vendor. Seller fuller agrees an hold the City of fun Collins harmless fmm and against all liability all loee
incurred by than by reason of an assured or carablished violation of any such laws, regulations, ordimmuca, roles
and requirements.
Aulbonmtion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
confirm .,badlto and said ponies.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional renter and conditions worried hereb or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejectd.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it ma cannot make complete shipment to arrive rat your
Practised delivery date as noted. Time is of the remade. Delivery and performance must he effected within the time
stared on the purchase We, and the documents atmchcd hereto. No acts of the Parch. including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the in, of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option.fplecint, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a revolt of delays
due to causes not reasonably foreseeable which are beyond its rcawnable control and without its fault of negligence,
such not ofGod, acts of civil or county authorities, Roscommon] primitims. rims, strikes, flood, epidemics, warsor
riots provided bill notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
date whrn the Sella Bra received adcdgc thereof In thea m of any such delay, the dale of delivery shall be
extended far she period equal as the made
actually Ion n by drawn ofthe delay.
3. WARRANTY.
The Seller warrants but all goods, articles, materials and work covered by this order will conform with applicable
drawings, marifiadons, samples maker other descriptions given, will her fit for the purposes intended all
performed with the highest degree of care and conrpebme in accordance with accepted standard for work of a
similar mature. The Seller ,as to hold the purchaser homeless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwarranry. The Seller shall replace, repair re make
good, without cost to the purchaser, any de@ca or faults arising 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 Sella after the dab of
acceptance of the good furnished hereunder (acceptance not to 1Y measurably delayed), resulting fmm imperfect
or defective wok done or materials thousand by the Seller. Acceptance m sex of good by the Purchaser shall rut
anstimre a waiver of any claim under this wrmnry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpcifi s or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser day be changes to legal it. by wrie en cle-I Onder.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make any changes to 0e tams, other than legal re-. includim, additions ran err docrirnn from
the quantities anginNly ordered in the spedfirsomm o1 drawings, by verbal or wnnen change order If any such
change affixes; be amount due or be time of Performance hereunder, an vendable adjuamentshall be made.
6. TERMINATIONS.
The Purchaser may at any lime by written change order, terminate this agreement as to any or all sa ion, of the
gums then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress pormided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good amVor wok, for incidental or couequemial damages, and that an such adjustment c made in
favor of the Seller with respect to any good which are the Sellers standard mock. No such te.i.i. shall relieve
the purchaser or the Seller of any oftheir obligations an to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the data the change or termination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants Nat all goads sold herearda shall have ban produced sold, delivered and f isbal in stria
compliance with all applicable laws and regulations b which be goads are subject The Seller wall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this chamaer are hereby incorpomted herein by this reference. The Seller agrees an
indemnify rand hold the Purchaser harmless farm all cuts wed damages suReral by the Purchaser as a result of the
Sellers failure an comply with such law.
9. ASSIGNMENT.
Neither puny shall assign, transfer, a, convey this order, or any monies due or to become due hereunder without the
,do, written consent of the other party.
10.TITLE.
The Seller warana full, clear and unm uncif title m the Purehuer f c all equipment, materials, and in. ( ished
in performance of this agreement, free and dear of any add all tiers, mtrictim , seminarians. security interest
encumbrances and claims ofothers.
13. PURCI IASERS PERFORMANCE OF SELLERS 0131IGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a ate to be, agreed upon by the
Plachmer and the Sellen and be Seller thereafter indemes its inability m unwillingness to comply, the Purchaser
may cause the work to tO pa marred by the most expeditious means available to it, and the Seller shall pay all
cows aasacishm with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mature
resulting from the performance of such work.
This release shall apply even in the event of fauh of negligenac of the pray released and shall extend to the
directors, officers and employes of mch puny.
The Seller's contractual obligati..., including warranty, shall not be deemed to ha reduced, in way way, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required muse any design, device, na crial or process revered by lava, pram, trademark
or copynght, the Seller shall indemnify and save handless the Purchaser fmm any and all claims for infrimemenl
by drawn of the axe of such premed design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obligee) to pay by reason of act]
infringement at any time during the prosecution or after the completion of the work. In case said equipment, ar
any pan thereof or the intended use of the cm, is in such suit held m erosion, infringement and the use of
said apartment a, pan is enjoined, the Sella shall, at its own expense and at its option, either prmmre for the
lumberer the eight in continue using said equipment or pans, replace the same with substantially equal but
noninfiinging equipment, or modify it so it becomes mare fringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bmd:mpt make an assignment for the benefit of credimrs, appoint a
in maree far any of the Sellers property m business, this other may forthwith ber canceled by the
Purchaser without liobiliry.
16. GOVERNING LAW.
The definicals of terms used or the interprctrim of the agreement and the rights of all putties hereunder shall be
co..arued under and governed by the Taws orbe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform wok hereunder,
including thesenices of Sellers Represenbtivi (s), on the premises of others.
U. SELLERS RESPONSIBILITY.
The Seller shall carry on said wok at Sellers own risk until the same is fully completed and accepted, and shall,
in use of any accident, destruction or injury to the work sumo, materials before Sellers final compleioo and
acceptance, complete toe wok as Sellers own expense and 10 the inandbcian of the Purchaxr. Whom mmenals
and equipment are fumuhed by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andor overprint
were being furnished by the Seller trader the order.
18. INSURANCE.
The Seller shall, in his own expense, provide fur the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the wok covered by this purchase order,
andlor to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller
.ball also tarty comprehendic General liability including, bur ear limited us roursamil and automobile public
liability insurance with bodily injury and duth limits of al last E30),000 for any one person, S500,000 for any
crare accident and property :damTar age limit per accident of S400,000. e Seller shall likewise overrun, his
ommand, irony, to provide lot such compensation and insurance. Before any of the Sellers or his rontmcton
employees shall do any wok upon the premises of others, the Seller shall furnish the Purchaser with a entrance
that such compensation and insurance have ban provided. Such cenifates shall specify the date when such
o ommal a and i.... cum have been provided. Such calf fcates shall specify the date when such compensation
and insurance expires. The Seller agree that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more rupouibiliry and liability, Fit any and all damage, lass or injury of any kind
or nature whatsoever in persons or property caused by or resulting from the execution ofthe work provided for in
Nis purchase coder err is connection herewah. The Seller will indemnify and hold hmmless the Purchaser and any
cr all of the Purchasers officers, agents and employees Roadand agaimt any and all claims, losses, damages,
harges o expenses, whether dirm or imlidet, arm whether to perwm of property sa which the Pachaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of has
contractors, or any of the Sellers or contractors officers, agents or employees. In eau any suit or other
proceedings shall be brought agaimt the Purchase or us.IEcers, agents or employees at any time on nccount or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their .Ricers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and an
defend the same at the Sellers own expense, Of pay any and all casts, charge, mordi fees end other expenses,
any and all judgments that may Is, incurred by or obtained against the Purchaser or any of its an thew oRcars,
agents or employees in such suits or other pmceMings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or an a moult affords suits or other proceedings,
the Sella will at once cause the sane to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precuurions, furnish and insall of guard necessary for she prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulatons issued pursued thereto.
Raised 07R014