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HomeMy WebLinkAbout349691 WINDSOR RESERVOIR & CANAL COMPANY - PURCHASE ORDER - 9145128PO PURCHASE ORDER 914512er Page City of PURCHASE 9145128 t of 2 ' `t Collins ins This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 09/05/2014 Vendor: 349691 Ship To: WATER UTILITIES WINDSOR RESERVOIR & CANAL COMPANY CITY OF FORT COLLINS PO BOX 206 700 WOOD ST EATON CO 80615 FORT COLLINS CO 80521 Delivery Date: 09/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2014 ANNUAL PAYMENT PER 1 LOT LS 16,350.00 DRY CREEK MASTER AGREEMENT Total $16,350.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2of2 1. COMMERCIAL DETAILS. Tax exemptions. By dome the City of Fort Collins is exempt from sate and local axes. Our Exemption Number is I1. NONWAIV ER. 98-IF1502. Federal Excise Tax Exemption Cmificate of Registry 8afio0o587 is registered with the Collector of Failure of the Purchase W ireisl upon stria performance of the area and conditions hereof, failure m delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamta 1973, Gupta 39-26, 1 I1(a), exercise any ,his we remedies provided herein as by law, failure to pmmpdy wfify the Seller in fie acre of a bresch, the ached. of so paymem for goods hereunder of approval of the design, shall not ml. the Seller of Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to deftcts of any of the wananties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not In be replaced except upon receipt of written purchaser to insist open voict performance hereafer any of its rights or comedies as to any such goods, regardless instructions form fie City of Fork Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder, nor shall any purported oral modification we rescission of this purchase order by the Purchasr operate as is waiver of any of the terms Inspection. GOODS are subject to the City or Fon Collins cra,mim on artival. hereof. Final Acceptance. Receipt of the merchandise, services or quipmmr in m rise to this other can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthonzed payment on the pan of the City of Fort Collins. However, it is to be understood tbar FINAL Seller and the Purchaser od,rive that in acthd ttno is practice, erchmges resold, from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser.Theretofore, fotr good curia, and as consideration far executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teres. Shipments row, be F.O.B., City of Fort Collins, 700 Wood St., Fort Collim, CO 80522, unless acquired under federal or sate -If., laws for such overcharges rehiring to the pmiculm good or am'ica otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. ' 1ft PURCHASERS PERFORMANCF.OF SELLERSOBLIGATIONS.defective Shipment Where manufacturers have cis excs s us parts of the Purchase,andthe rd.the d by a dateants to on byParch tire nonconforming or de&city rote thee. point and aces freight will heJedueed from Invoice when anon, and d fromdainty, voice when expected lam thenearestreater ser Purchaser d then Seller or u comply, a Purchaser Purchaser and fie Selleaandrfo Sellerybem brinpointwAcsriwtion, shipments art made from greater distance. osindicteesitsinabilityorunwillingnesstocomply,the may cause the work m ch by the most expeditious means available m it. and the Seller shall pay all orlms casts associate with such work. Perrtdts. Seller shall prodre atd sellers sole cost all necessary permits, cenifipta and henries required] col w applicable laws, ordinances and role state, temmry or political subdivision where angel, or Seller shall release the Purchase and ins contractors of any tier from ell liabiliry and claims of sty nature duly constituted public aut re authority unit ngjinsJillion over the work perf required byany otherduly thework is pole, rTheeset r csuhing from the performance Minch work. l�m, r Tpublic ofvendor Seller further .area m hind the City Too CollinsColiharmless from rend against all liability and loss fern by reason of an asseneJ or established violation of any such laws, regulations, ordinances, roles tired li 'this Meal shall apply even in the event of fault of negligence of the party released and shrill extend to the re and requirement, dinaors, alfcers and employees ofsuch pony. Authorization. All parkin, to this concoct agree that fie represnaeives are, in face, bow fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS, This Pumhace Order expressly limits acceptance to the terns and conditions sated herein set both and any supplementary or adddimal terms and conditions annexed hereto or incorporated herein by reference. Any additional or dillerentterm s and conditions proposed by seller are objects ro and hereby rejected. 2 DELIVERY. PLEASE ADVISE PURCHASING AGENT immdlimely if you cannot nuke complete shipment to anise on your promised delivery date ss ..red. Time is of fie essence. Delivery and performance must be effected within the time staled on the purchase order and the dow11 attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver dthis provision. In me event of any delay, be Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall man be liable for damages as a mull of delays due to causes not reasonably forceable which art beyond its reasonable remark as welwut its fault of negligence, such ace of God, acts ofcivil or alhary amhorhies, governmental priorities, far, strikes, hood, epidemics, wars or not, provided that notice of the conditions causing such delay is given to be Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the occur of any such delay, the date of delivery shall be extended for be period equal to be time actually last by reasn of the delay. 3. WARRANTY. The Seller warrants that all goads, mica, materials and work covers by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for be purposes intended, and performed with the highest degree of care and competence in accordance with accepted stmdirds for work of a similar more. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffd or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without coma be purehweq any delbca or faults arising within one (1) year or within such longer period of time as may he pmrnbed by law or by the rams of., applicable warmnry provided by be Seller aRer be dam of acceptance of be goods furnished hmuodm (aceRanee not to be unseasonably delays), resulting from abridger or defective work done or materials famished by the Seller. Acceptance or use of gwd by be Purchaser shall nor constitute a waiver of any claim under this warrant, Except as ahem-im provided in this purchase enter, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of be foregoing wamnries or guarantees, but such liability shall in no event include loss of preffs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal terms by section change other. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, office bun legal terms, including conditions m or delniores firm the quantities originally ordered in be specifications or drawings. by verbal or written change order. If my such change affects be amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by woman change order, terminate this agrecalm as to any or all punim, of the goads then not shipps, subject to any equitable adjuament between the panic as to any work or materials then is progress provided fat be Purchaser stall not be liable for any claims for anticipated profits on the uncompleted pardon of the goods mat work, fro incidental or consequential damages, aM that no such adjustment be made in favor of the Sella with teased 1. any goods which m be Sellers standard stock. No such a minim shall relieve the Purcl wer or the Seller crony of their obligations as to any good, delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjevment must be asserted wifin fl% (30) days from the dine be change is, mornamm m is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in str el ompliamo 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 to be ncoryorau d in agreements of this diameter art hereby expanded herein by this reference. The Seller agrees to iaemnify and hold be Purchaser hamdess from col does and damages suffered by the Putchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the Met written consent ofhe other party. Iff TITLE. The Seller warns fill, clear and uruatri ded title as the putchaad far ell equipment, rwtenals, and items famished in performance of this agreement, f and clear of my and all liens, restrictions, nervations, sttunry summer encumbrances and claims ofothers. The Sellers contractual obligations, including womnry, shall not be deemed to be redirect in any way, because such work is srfomard or caused m be performed by the Purchase. 14. PATENT'S. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. be Seller shall indemnify as save hambrs be Purchase from any and all claims for infringement by reason of the use of such parented design, device, martial art process in correction with the contract, and shall indemnify the Purchaser for any ds4 expense or damage which it may be obliged to Pay by reason of such infringement ar any time during the prosecution or a0er the completion of the work. In cam said equipment, art any pan thereof or the intended use of the goods, is is such suit held to consriwte lufdngemem and the use of .said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the Purchaser red right to continue using said equipment or pans, replace the same with substantially equal but mninfringing equipment, or modify it so it becomes naminfringing. 15. INSOLVENCY. If the Seller shall become Insolvent or baMmpL make an assignment for the benefit of creditors, appnim a receiver or matte for any of the Sellers primary or business, this order may forthwith be canceled by the Forehead without liability. I& GOVERNING LAW. The defrdtiow ofternes used or be interpretation ofte agreement as the rights of all panic hereunder shall be, composed under and prour ed by the laws of the Sam ofComando, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re,manurfisds), on the premiss fothers. _. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until be some is fully complete and accepted, and shall, in u of my accident, destruction or injury to be work and/or materials before Sellers final completion and cceptance, campfire the work at Sellers own crocus, and m be satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, fie Seller shall receive, unload, store and handle sane at the site and become responsible therefor as though such =Wools ardor equipment were being Famished by be Seller under be order. 18. INSURANCE. The Seller shall, at his cam 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 under, =War to their dependents in accordance with the laws of the sate in which the work is to b, done. The Seller shall also carry, comprehensive general liabiliry including, but not limits W. contractual and amomobile public liability insurance with bodily injury as death limits of at leaze $30 .001) for any one prison, SSOQ000 for any otter mcidem and pmpeny damage limit per accident of S40J.". The Seller shall likewise require his contractors, if ony, to provide for such compensation and insurance. Before any office Sellers or his contractors employees shall M any work upon the premises of others, the Seller shall famish be Forehead with a cenifcme that such compensmim end inmranm have been provided. Such certificates shall specify the date when such empe ccomm and insurance have been provided. Such certificates shall specify the date when such compensation and imumnce expir. The Seiler agrees that such compensation and assurance shall be mainained until aRer be retire work u complete and sceeplc. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. 'The Seller hereby nssumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature wlutsoever to persons or Fmpeny caused by or resulting from the execution of the work provided for in this purchase order or in correction hemwith. The Seller will indemnify and hold hamless the Purchaser and any on all of be Purchasers oRcers, adns and employees form and against any and all claims, losses, damages, changes or expersd, whether direct or haired, and whether as persow or Property to which the Purchaser may be put or subject by reaon of any act, action, retitled, omission or default an be Fan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its ol5cen, agents or employees at any time on account or by reason of any ac, action, rallied, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as mandeid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all cams, charges, ammi fees sand other expewes, my and all jral man. fro may be incurred by or obtains irmot the Purchaser or any of its or their oRcers, agents or employees in such suits or other proceedings, anti in case judgment or other lien be place upon or obtained against the pmpeny of the Purchaser, or said parties in of as a result o'such suits or other proceedings, the Seller will at once causes the same to be dissolved and discharged by giving bond or otherwise. The Seller as his conmmors shall take all safety predaow, fresh and initial[ all gusrd necessary for be prevention of accidents, comply with all laws as regulations wit brand on safety including, but without limiatioa, be Occupational Safety and Health An of 1920 as all rules as regulations iher ed pursuant these. Raised 01RO14