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HomeMy WebLinkAbout103691 ARTHUR IRRIGATION CO - PURCHASE ORDER - 9146501Fort Collins Date: 1110512014 Vendor: 103691 ARTHUR IRRIGATION CO C/O ROSANNA HARRIS 730 ASH MESA RD DELTA CO 81416 PURCHASE ORDER PO Number Page 9146501 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/05/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Installation of 32" X 32" duct bank under Arthur Irrigation ditch system at Shields Street 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 1 LOT LS 7,400.00 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 smme she City of Fort Collins b ern mpt from stale end local taxes. Our Exemption Ntunber is 98414502. Federal Excise Tax Exemption Cmifiewe of Registry 84-6000587 is registered with toe Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Smtutex 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due no failure m meet specifications, eider when shipped or due to defects of damage in crown, may be resumed to you for credit and art not to he replaced except upon receipt of women instructions from the City affair Collins. Inspection. GOODS are subject as the City officer Collins inspection on arrival. Final Acceptance, Receipt of Ne merchmrdise, services or equipment in response to this order can result in wlbonzed payment on the prat of fine City of Fort Collins. However, it is to be understood Nat FINAL ACCEPTANC17 is dependent upon completion of al I applicable required inspection procedures. Freight Tans. Shipments must be F'.O.B., City of Fan Collins, 100 Wood S,, Frio Collins, CO 80522, onto,, otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight hill must acwmoenv invoice. Additional chames for oackine will not be accented. Shipment Dimwbm. Where manumcmrers have distributing points in varmus parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments we made fmm greater distance. Pounds. Seller shall procure at sellers sole cast all necessary permits, rertifiates and licenses required by all applicable Inns, ogulmimay, oNiscurs. and roles of the site, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller Nnbe, agrees to hold the City of Fort Collins harmless form and against all liability and loss ncurred by them by mason of an armed or established violation of any such laws, regaimmm, ordinances, miss and requirements. Authorizmion. All parries to this contact agree that the representatives art, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchzse, Order expressly limits acceptance to the terms and conditions seed herein set forth and any supplementary or addilined tams and conditions annexed hereto or incorporated herein by reference. Any additional or din'erenuetms and copinions proposal by seller are obramd to cad hereby jaded. 2. DELIVERY, PLEASI7 ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as noted Time is of the source. Delivery and performance muss be effected within the time stated on the purchase odor and the documents attached hereto. No acts of the PumM1asers including, without limitation, secepence of panel late deliveries, sba11 cminte as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal rand equitable remedies, the option i f,dwing Nis 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 catues cat reasonably foreseeable which are beyond its,mwmble control and without its fault of negligence, such arts of God, rats orcivil or military auNnrioes, Environmental Pounds , fires, strnret, Broad. epidemics, wars or not, provided that notice of the conditions causing such delay is given to the Puobaser within five (5) days of fire time when the Seller first removed knowledge thereof. In the event of any such delay, the date of do ivory shall be extruded for the portion octal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other desmptims given, will her fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard fro work of a similar some. The Seller agrees to hold the purchaser hammlers 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 cast on the mod asem 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 acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or warrants; furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute u waiver of nay claim under this warrmry. Except as; otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guaeraces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser cosy make charges'. 1'.] tams by commit change churl 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes are rise a too, other town legal terms including additions to or deletinm from the quantities arigi ally ordered in the spedficatiwm or drawings, by verbal n wrown change order. If any such change aRects the amount due or the mime of perfolmanca hereunder, sm gmonale adjustment shall be made. 6.TERMINATIONS. The Purchaser may a1 any time by wrim st change under, rerminme this agreement as to any in all portions of the goods then not shipped, subject to any equitable djmlmmr between the ponies as 10 any work or materials then in pmgmis provided that the Purchaser shall not be liable for any claims For anticipated profits on the uncumplemd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect n any goads which are the Sellers standard. stock. No such termination shall rchose the Purchaser or the Seller ofwy of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mot be asserted within thirty (30) days fmm the rite de change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been product, sold, delivered and burnished in indict compliance with all applicable laws and regulations to which the goads art subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws cad mpla000s squired to he incorporated in agreements of Nis char"w", are hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suReml by the Purehaer as, a result of the Solicits failam to comply with such law. 9. ASSIGNMENT. Neither party shall mail transfer, an convey this occur, or any monies due or to become due hereunder without he prior women consent ofthe rdmrparry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I quipmem, materials, and items fumishd in performance of this agreement, free and clear of any and all Item, restrictions, reservations, security interest encumbruncce and claims of others. 11. NONWAIVER. Failure of the Purchaser m insist upon smct pcaforri of rho Rea and con ilium hereof, failure of delay to exercise any rights or remedies provided herein or by law, failure to promptly notify rise Seller in the event of a breach, the acupmnce for payment for good hereunder or approval ofthe thrum, shall not release the Seller of any of go warranties or obligaoom of this puohs=• order and shall not be deemed a waiver of any right of the purchaser to insist upon stain Performance Impufor any of its rights or remedies in to any such good, regardless of when shipped, oreived or wo,md, as a any prior or subsequent default hemunlm, nor shall any mr,omed oral modifiwGon or racissmn of Nis pmchae order, by the Purchaser operate as a waiver of any of the memo hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Soup antitrust violations are in fact home by the Purchaser. Theretofore nfor good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or score antitrust laws for such overcharges miming to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct the Seller 10 correct nonconforming or defecive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thernaRor indicates its inability or unwillingness to comply. the Purchaser may erase the work 10 W performed by the most expeditious moms mailable 1w it, and Ne Seller shall pay all costs summand with such work. The Seller shall release the Purchaser and its contractors of any tier foam all liability and claims of any motute resulting from the perfomance ofsuch won, This release shall apply earn in the event of fault of negligence of the parry released and shall extend to the diocmors, omcers and employees of inch parry. The Sellers commensal obligations, including warranty, shall not be deemed to be, reduced, in my way, because such work is performed or caused an be performed by the Purchum. 14, PATENTS. Whenever the Seller is squired to its, any design, device, material or process covered by letter, patent, trademark or copyright, the Serer shall indemnify and save harmless the Purchaser but any and all claims for infringement by union of the use of such Formed design, device, material or process in connection with the comma, and shall indemnify the Purchaser for any cos, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In eau said equipro n, or any part thereof err the intended use of the good, is in such suit held to constitute inGtngemem and the use of said equipment or part is enjoind, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight ha continue using said quipmmt or pans, replace the same with substwdally goal but noninfnnging equipment, or modify it as, it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insalveot of bankrupt, make an udgmrent fro the benefit of creditors, appoint a or mutes for any of the Sellers pornery an business, Nis under may fohrwn be eanuled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oncrrm urd or the interprea0on ofdw agreement and the rights of all parties hereunder shall be composed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in reun where the Seiler is a perform work heder, Including the services of Sellers Representaaive(s), on thecases premises ofolhems 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work a1 Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complex the work a1 Seller, own expense and to the satisfaction of no, Pi mbaver. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, onload. store and handle same at the site and become responsible therefor as though such materials snNor equipment were being fumishd by the Seller under the when. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker comperssalio, fichWing oeramor olanl disease brnefics, to its employees employed w or in connection with the work covered by Nis purchase order, mat to Ram, depending; in azmdance with the laws of the rare in which the work is in be done. The Seller shall also carry comprehensive general liability including, but not limited to, mntmctual and automobile public limit, insurance with bond, injury and d—. limit: arm least SII0.000 for any one Person Ssngam far any one accident and property damage limit Per accident of 540DAT The Seller shall likewise require his contractors, if any, to provide for such rompemmion and insurance. Before any n(Ne Sellers or his commcmrs employees shall do any work upon Ne premises i f mothers, the Seller shall f isM1 dw Purchaser with a certificate that such compensation and insurance have been providd. Such cenificales shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compem ubso and insurance expires. The Seller agrees that such compensation and mature shall be maintained wail niter the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller henry assumes the enai,e responsibility and liability for any and all damage, lass or injury ofany kind r nature whatsoever to persons or property caused by or resulting from the execution wfthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees four and ii,mum any and all claims, to.., damages, harges or expenses, whether direct or indirect, and whether to perswas or property 1w which the Purchaser may be put or subject by reaon of my act, acdon, neglect, omission or default on the pan of the Seller, any of his contractors, or any of rise Sellers or conractars officers, agents or employees. In more any suit or other pmcadings shall ho brought against the Purchaser, or its nRcers, agents at employees or any die on account or by reason of any or', actin, watio, omission or &Nulm of the Seller of any of his comossio r s or may of its of Nei, office, agents of employees as aforesaid, the Seller hereby agrees 1. assume the defense thereof and to defend the same at the Sellers own expense, ra Pay any and all costs, clowl anomUs fees and other expenses, any and all judgments that may be incurred by at obained against the Purchaser or any of its or these officers, agents in employees in such suits or alter proceedings, end in case jtdgmm, or other him be placd upon or obtained against rise property oldie Purchaser, or said parties in or as a result ofsuch suits or often proceedings, the Seller will at once cause the same to he dissolved cad discharl by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and insmll all partly wrourry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but wiNonl Insulation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereon. Revised 01I2014