Loading...
HomeMy WebLinkAbout103058 WATER SUPPLY & STORAGE CO - PURCHASE ORDER - 9146418PO PURCHASE ORDER 914641 Number Page C117/ of PURCHASE 9146418 1 of 2 F6r} Collins This number must appear ,T`�—J`-, ` on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 103058 WATER SUPPLY & STORAGE CO PO BOX 2017 FORT COLLINS CO 80522-2017 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/03/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 WATER ASSESSMENT SERVICES 10-17-14 WATER ASSESSMENT 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 20,601.00 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. Tax exemptions. By statute the City of Fort Collins is exempt fiom same and local taxes. Our Exemption NumM is 984)4502. Faleml Excise Tax Exemption Cenificare of Registry g4fi000582 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26.114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rumored to you for credit and ate not to be replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collim inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fan Collins. Howeveq it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection formation. Freight Terns. Shipments must be F.O B., City of Fan Collins, 200 Wand St, Fort Collins, CO 80522, unless others ire specified on this order. Upermission is given to prepay Refight and charge acparcift the original freight bill mint accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where rnanufact.. have distributing points in various parts of th, country, shipment is expected from the mares, domination prim m destination, and excess freight will be deducted from Invoice when shipments arc made from grenter distance. Permits. Seller shall procure at sellers sole cost all necessary ce.its, cenifimtes end licuma, required by all applicable Taws, regulations, ardi umors and roles of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the moresenances err, in fact, bony fide, and paasess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions sated herein sut fonh and any supplementary or additional terms and mMitimes asmexal hereto or incorporated herein by refcmnce. Any additional or siferentit. and conditions proposal by calker am objwmd to and hereby njabad 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery dune as noted. Time is of the essence. Delivery and performance must be effl ud within the time stated ,a the purchnse aid,, and the document, a icltal hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the I'umluser 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 not be liable for damages as a result of delays due to came act ... sanably foresreable which are beyond ins reasonable control and wularm its fault of negligence, such acts of God, acts ofeivil or military malsorhirs, governmental priorities, fires, strikes, Rood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to rise Practitioner within five (5) days of the time when the Sella first received knowledge thiciaL In thc event of any such delay, the date of delivery shall be extended for the period alud to the time actually loss by reason of the delay. 3. WARRANTY. The Seller weraats that all goods, articles, materials and work coveted by this order will conform with applicable drawings, speeifico,iors, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of are and competence in accordance with incepted standand for work of a similar nature. The Seller agree 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 warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the arms of any applicable wormy provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Committed by the Seller. Acceptance or use of gent by the Purchaser shall not constitute a waiver of any claim Under this warranty Except as Otherwise provided in his purchase order, the Sellers liability hereunder shall extend to all damages pon.d.ly ra awd by the breach Of any Of the foregoing wammia or gmmmers, but such liability shall in no event include lass of prose or lots of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Thc Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Pirchavoir may make any changes to the corms, .,her than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change oB'eds the.moan, due Or the time of perflummore hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminam Nis agreement as too any or all Famous of the goods then no, shipped, subject to any equitable adjustment benvem the panic as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for andrip acd proths on the urwamplued portion of the good and/or work, for incidental or coarquential damages, and that can such adjmament be made in favor of the Sella with respect to any good which arc the Sellers sandard stock. NO such termination shall mlieve the Purchaser or the Seller ofany of their Obligation as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any down for alJmtmrnt most be assent within thkm (30) days from the date the clung, or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws end regulations to which the goofs are subject. The Seller shall execute end deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this refesrnce. The Seller agree to indetmdfy and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcn failure to comply with such law. 9. ASSIGNMENT. Neither poorly shall assign, transfer, or ani this order, or any modes due or to become due bemada without the prior written amens i ftbe other parry. 10. TITLE. The Sella wvifica s full, clear and unrestricted tide to the Purebasa for all equipment, materials, and items fmished in performance of this agreement, fire and clear of any end all liens, Otto erns. rounsmiors, secamnry imares, encumbrances and claims of ethers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of no terms and conditions hat failure or delay to any rights or mor eJles provided Karin or by law, failure to promptly natity, the Seller in the event of a breach, the acceptance ofor Palomar for goods hereunder or approval ofthe chains, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not the deemed a waiver of any right of the purchaser to insist upon smict performance human or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchase, Thi clof nc. for good cause and as comideation for executing this putehose order, the Seller bereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under Boland or shire antitrust lass for such overcharge relining to the Fornicator goods or services pmchmed in acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifth, Purchaser direers the Sella a erect nonconforming or defective goods by a date too be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its imbility or unwillingness to comply, the Purchaser may cause the work to be a fomtal by the most expeditious come available to it, and the Sella shall pay all costs nssocired with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the direama, 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 perfumed by the Purchaser. 14. PATENS. Whrneva the Seller is required to use any design, device, material or process covered by letter, proem, outboard, or copyright, the Sella shun indemnify and save hismleu he Purchaser Imo any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consume infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser, the right to continue using said equipment or pmrs. replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Sella shop become imolvem or haroo u, make as assm assignment for the befir of creditor, appoint a in or trustee for any of the Sellers property or buamess, Nis order may forthwith be comcicd by the Purohaser without liability. 16. GOVERNING LAW. The definition of terms used ar the intemretmi.. of the agrecmral and the eights of all pander hereunder shall be comuued under and invented by the laws ofthe State ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Sella is to pert work hereunder, including the services ofSellas Repreaenasive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, dnwction or injury to the work candor materials before Sellers final completion mad acceptance, complete the work at Seller's own expense and to the andsfretion of the Purchaser. When materials and equipment rare furnished by others for installation or erection by the Sella, the Sella shall receive, unload, some and handle same at the site and become repomible dromfor as though such materials ardor equipment were being famished by the Sella under the order. I S. INSURANCE. The Sella shall, i t his own expense, provide for the payment of workers compensation, including occupational disease benerits, to its employees employed on or in connection wish the work covered by this purchase order, ari to their dependents in accordance with thr laws of the same in which the work is to be done. The Seller shall also any comprehensive gmeml liability including, but not limited to, communist and automobile public liability insurance with bodily injury, and death limits of at least 5300,000 far any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insurance. Before any of the Seller or his contractors employees shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate that such compensation and insuance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate shall spmlfy the date when such compensation and insurance expires. The Seller agrees not such compensation and insunmce shall be mainained until after the entire work is compliant and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume, the moire mspare ibiliry and liability for any and all damage, lass car injury army kind r nature whosoever to persors or property caused by or resulting from the execatian of the work provided for in this par lens, order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purobsona officers, agents and employees from and against any and all claims, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olhcem, agents or employees. In caum any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his common or any of its or their officers, agents or employees us aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be tworr l by or obtained agaited the Purchaser or any of its or their rRcers, agents or employees in such suds or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Punctures, or said pasties in on as a mull ofsuch suits or other proceedings, the Sella will at once cause the same to be i issoWal and diulargal by giviag bond or wherivise. The Seller and his contmcloe shall take all safety precautions, f fish anal maall all gaunt -a—, for the prevention of accidents, comply with all laws and regulations with regard to safety' including, but without limitation, the Occupational Safety and Hbdth Act of 1970 and all rules and mplarioro issued pursuant thereto. Revised 01r2014