Loading...
HomeMy WebLinkAbout103058 WATER SUPPLY & STORAGE CO - PURCHASE ORDER - 9145997PO PURCHASE ORDER 914599er Page City. of PURCHASE 45997 ' of z ' `tCollins( Thisnumber must appear v ` on all invoices, packing sli s and labels. Date: 10/15/2014 Vendor: 103058 Ship To: WATER UTILITIES WATER SUPPLY & STORAGE CO CITY OF FORT COLLINS PO BOX 2017 700 WOOD ST FORT COLLINS CO 80522-2017 FORT COLLINS CO 80521 Delivery Date: 10/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WATER ASSESSMENT FEE 1 LOT LS 24,853.64 10/1/2014 WATER ASSESSMENT FEE 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 $24,853.64 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt farm state AM loco taxes. Our Exemption Number is 98,04502. Federal Excise Tax Exemption CenlfiewO of Registry 84.6000587 is registered with the Calleemr of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statute 1971, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to fadure 0 one specification, either when shipped or due 10 defects of damage in mnsit may be returned m you for credit .rid arc not to be replaced except upon receipt of written instructions form the City ofFom Collins. Inspection. GOODS are subject 0 the City of Pon Collins inspection on Arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in Authorized payment oa the pan of the City Of Too Collins However. n is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F O.B., City of Fan Collins, led Wood St, Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional clum os for packing will nor be accepted. Shipment Distance. Where maoufactmers have distributing points in various parts of the camtry, shipment is expected fmm the neatest dappownan to, to destination, .rid excess freight will be deducted from Invoice when shipments are made fmm gremer distance. Permits. Seller will procare at sellers sole cost all necessary, permits, venifeta AM harrows required by all Applicable laws, regulation,, ordinances and ales of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly consdimmd public authority h rcugjurisdiction over the work of vendor. Seller fuller ogees to hold the City of Fan Collins harmless from all against all liability rind loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and raluncments. Authorization. All panics to this contract agree that the reprowntativos are, in fact, bona fide and possess full and animism authority to bind said parties. LIMITATION OF TERMS. This Purdtam Order expressly limits acceptance to the terms and conditions stated herein at firth and any supplementary or additional pants and conditions annexed herew or incorpor m l herein by reference. Any additional or different terms and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURC14ASING AGENT immediately if you cannot make complee shipment to arrive on your Promised delivery date as noted. Time is of the... Delivery and performance most be a@cted within the time stated on the purchae order all the dacummts attached herero. No acts of the pumbasers including, without limitation, captawe ofpanial late deliveries, shall apostate As a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to aNer legal all equitable remedies. roe option df,larin , this oNer elmwhete and holding rise Seller liable for damages. However, the Sella shall not 4 liable for damage As a result of delays due to muses not seasonally foreseeable which are beyond its reasonable control all without its fault of negligence, such Acts of God, acts ofavil or military amborities, governmental priorities, fires, strikes flood, epidemics, was or nets provided that notice of the conditions causing such delay is given as the Purchaser within five (5) days of the rime when he Seller first received knowledge thereof. In she event of any such delay, the date of delivery shall be exmaded for the periM equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller Orman s that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes 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 Purchamr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any dollars or faults arising within one (I) year or within such longer paned of time As may be proscribed by law or by the wrtm of my applicable warranty provided by the Sella after the date of acceptance of the goods f ished hereunder (acceptance not to be, unaccountably delayed), resulting from imperfect or defective work done or motesiaR fincrosbed by the Seller. Acceptance or use of goods by the Purchaser shall not corsstimte a waiver of arty claim aNer this waranry. Except as mherwim provided in this Purchase Order, the Sellers liability hareunder shall extend to all damages Proximately asserted by rise breach of my of the foregoing vo eanties Or guarantees, but such liability shall in no event include loss ofpmfiN or boss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wrote. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, ether than legal terms, including addition, to or deletions from the quarn hies originally ordered in the specific osas cf drawings, by verbal or ovimmn change order. If my sacl, change Affects the amount due or the time of perfomrance hereunder, an equitable adjustment shall be made. 6. 1 ERMINATIONS. The Purchaser may at any time by written change codes, mm,inde his agreement As 10 any or all peniom of the goods then not shipped, subject to any equitable Adjustment between the panics as to any work or materials then in proge. provided the, the Purchases shall rim be, liable for any claims for anticipated profirs on the uncompleted portion of the goods and/or work, for incidental or comryuential damages, and that era such Adjustment be made in favor of the Seller with respecuo any goods which am the Sellers smndam stock. No such mrmiatian shall relieve the Purchaser or rise Seller ofany of their obligatiom as to tiny goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for MJusuneat most be, asserted within thirty (30) days from she dare the change or mrmloatlon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in said compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents a may be required m Alien ar evidence compliance. All laws and regulation, requited to be incorporated in agreemenrs of this chammer are hereby ina,aoted herein by this reference. The Sella, agues t0 indemnify and hold the Purchaser harmless from AI costs and damages suffered by the Purchaser As a result of the Sellers failure to 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 written consent of the other party. 10. TITLE. The Seller winner. Poll, clear all umewfica d tide as the Purchaser fee all equipment, materials, all it. fumuhed in performmce of this agreement, fia all clear of Any all all lien,, cnvictiom, reservations, security interest mcumbrance and claims.17whers 11. NONWAIVER. Failure of the Purchaser to spirt upon strict performance of the toms and conditions hereof, failure or delay to any rights or remedies provided heeor in by law, fare iluto promptly notify the Seller in the event of A breach eNe acceptance ofor payment for goods beremder or approval ofam design, shall trot release Jar Seller of my of the warranties or obligations of this purnhasc order AM shall not od deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies As w any such goads, rcgaNless of when shipped, received or accepted, At to any prior or subsequent default hereunder, nor shall any pmponed oral moth anion or rescission of this purchase order by the Purchaser oppose as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from Antiwst violation, are in far, home by the Purchase,. Theretofore, for good cause and As consideration for executing this purchase order. the Seller hereby Assigns to the Purchase, nay and all claims it may now have or hereafter Acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to Owners swrrmnfosming or defective goods by a date as be agreed upon by the Pureheer AM the Seller, and the Seller thereafter indicates its inability in unwillingness m comply, the Purchaser may cause the work to be performed! by the most expeditious means available to it, and the Seller shall pay all cons assaiated with such work. The Seller shall relcaze the Purchaser AM its comomors of Any tier, from rill liability and claims of any mam6 resulting from rise performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend t0 the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Panama! 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 harmless the Purchaser from any and all claims for infringement by reason of rise use of such pounded design, device, material or process in comalion with the contract, and shall indemnify the Purchaser for any car, eapeme or damage which it may be obliged to Pay by reason of such infringement in any time during the prosecution or after the completion of the work. In cam said equipment, or any Pan therm( or she intended true of the goods, is in such suit hold to corefimte iafringemeat AM the use of said equipment or pan is joined, the Sella shall, at its own expense and m its option, either Fracture for the Punctuator the right to continue using said equipment a pars, replace the same with s.1 oanti Lily equal but noninGnging equipment, or modify it so it becomes munitioning. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of auditors, appoint a or ..a for any of the Sell. property or business, this Order, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repremnmive(s), on Npremises of offers IT. SELLERS RESPONSIBILITY, The Sella shall carry on said work at Sellers own risk. ,it the same w fully compinM and accepdM, AM shall, in se of my accident, destruction or injury to the work anchor materials bet Sellers final completion all Acceptance, complete the work At Sellers own expense and in the satisfaction of the Rimini When materials And equipment Are f rdshM by others for installation or erection by the Seller the Seller shall oocive, unload, store all handle same At the site all become responsible therefor As though such materials major equipment were being famished "m Sella under the Art IS. INSURANCE. The Seller shall, at his own expense, provide for he payment of workers mmpematim, including occupatimtal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, wdior 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, contradrel and automobile public liability insurance with bodily injury and death limits of at teat, S300,000 for any one person, S50L000 for any one sedan and property don,.,, limit per accident of $400,000. The Sella, shall likewise require his contractors, if any, to provide for such compensation And in e. Before any ofthe Sellers or his rontmcmrs employee shall do any work upon the premise of others, the Seller shall famish the Purchaser with A uni ram that such compensation and insurance have been provided, Such c ni0cates shall specify the date when such compensation and insurance have been provided. Such ttnificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintainal until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Sella hereby ass es the arrire msponsibility and liability for any and all damage, loss or injury of any kind or tumor whensoever to persoe or property caused by or retailing fmm the execution ofthe work provided for in this purpisasc order or in connection herewith. The Seller will indemnify all hold harmless the Purchaser all any or ell of the Purchasers .Ricers, ¢gents and employees fmm and .,amen any and all claims, losses , damages, charges or expenses, whether direct or indirect, And whether m person, a property no which the Purehasw may be put or subject by crown of any ark ration, noglat omission or default ram the pan of the Seller. Any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought agoiet the Purchact, or its officers, agents or employees at any time on amount or by mason of any act, mton, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees As aforemid, the Seller hereby agrees to assume the defense thereof and t0 defend the more at the Sellers own expense, to pay any and all costs, charges, atrwrUs 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 proceedings, and in case judgment or other lien be placed own or obtained against the property of the Puahaseo or said patties in or As a result of such suits or other proceedings, the Seller will at once cause the same to ha dissolved all discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish all install all guards naesseny for he 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 ones and regulat oar iasuAd pursttam therem. Revised 07/1014