HomeMy WebLinkAbout103701 THE NORTH POUDRE IRRIGATION CO - PURCHASE ORDER - 9146971PO
PURCHASE ORDER 9146971 Page
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' `F6rt Collins( his number must packing
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sli s and labels.
Date: 11/26/2014
Vendor: 103701
THE NORTH POUDRE IRRIGATION CO
PO BOX 100
WELLINGTON CO 80549-0100
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
PRINCIPLE 1 LOT LS 105,528.53
2014 HALLIGAN ANNUAL PMT
2 INTEREST
2014 HALLIGAN ANNUAL PMT
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
82,694.98
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. COMMERCIAL DETAILS.
Tax exemptions. By suture the City of Fort Collins is exempt fmm sure and local taxes. Fair Exemption Number is
11. NON WAIVER.
98-04503. Federal Excise Tax Exemption Ceaifcase of Registry 84-6000587 is to corned with the Collector of
Failure of the Porchaur as insist upon strict performmce of the terms and conditions hereof, faihue or delay or
inmmal Revenue, Deaver, Colorado (Ref. Colorado Revised Stator. 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein car by law, failure to promptly ratify fie Seller to the event of a
bench, the trommu , of or payment for good himunda or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications either when shipped or due w defects of
any of the warranties or obligations of this purchase order and shall not be rimmed a waiver of any tight of the
damage in transit, may be returned to you for credit and are rut to be replaced except upon receipt of wrinm
purchaser to insist upon stria perfomamce hereof or any rates rights or remedies as to any such goods, regardless
instructions fmm the City of Fort Collins.
of when shipped, received or accepted, as to any Prim or subsequent default hereunder, nor shall any peopmal
oral modification at rescission of this purehase order by the Purchase( operate as a waiver of any ofthe worm
Inspection. GOODS arc subject an the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
nuforimd payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable capital inspection procedures,
violmmi s are in fact borne by the Purchaser. Theretofore, fogood cause and a consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Port Collins, CO 80522, unless
acquired under federal or slate antitrust law; for such overcharges relining to The particular good or services
otherwtu specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchastt purmam to this purchase order.
bill must accomoanv invoice. Additional char¢e, for oackine will not be acttmcd.
Shipment Distance. Where manufacturers have distributing Points in various pros of the country, shipment is
expected from the moment dhmbulion paint to destination, and excess freight will be deducted fmm Invoice when
shipments am made from greater i istaux.
Permits. Sella shall procure at sellers sole cost all necessary permits. aorificatox and lice.es raryired by all
applicable laws, regulations, omi. and cal. of Ore state, municipality, wrritary or polid nil subdivision where
the work is part ed, in required by any ofe duly constituted public authority having jurisdictiw over the work
of version. Sella further agrees to hold fie City of Fort Collins borders from and against all liability and loss
car umed by them by mawn of an assented or essabdished violation of any such laws, regulations, ordinances, cults
and ra)utrements.
Authoritarian. All Panics to Nis contract agree that fie re rommilives art, in fact, boa fide and possess full and
omplem authority to bind said parties.
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms and conditions stated
herein set f rah and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different—, and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immrmarely ifym cannot make complete shipment to arrive on your
promised delivery dine in noted. Time is ofthe Bence. Delivery and performance must be effected within the time
stated on the purchase order and the cmuments attached hereto. No acts of the purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate a a waiver of this provision In the event of any delay,
the Pmebaer shall have, in addition to other legal and excitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not Is, liable for damages in a result of delays
due to causes nor revwrably foreseeable which are beyond in, reawmable control and without its fault of m,h mce,
such acts of God ass ofcivil or military authorif., promotional priorities, fares, strikes, food, spidemi., wars of
rises provided Our notice of the conditions causing such delay is given to the Purchaser what fire (5) days of fie
time what the Seller fit received knowledge thereof. In the event of my such delay, the date of delivery sIW I be
extended for the period equal to the time actually lost by most ofee delay.
3. WARRANTY.
The Sell. warrants Out all goods, article, materials and work covered by this order will conform with applicable
drawings, specifications, samples torpor other descriptions given, will he fit for the purposes O tem ed, and
Performed with the highest degree of sore and competence in accordance with accepted standard for work of a
imilar nature. The Seller agrees to hold the purchaser harmis from any has, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make
good, without cast 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 terms of any applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (acceptvnce ram to be unreasonably delayed), resulting from imperfect
or defective work done or materials finished by the Sella. Acceptance or use of goods by the Pumha a shall or
constitute a waiver of any claim order this warmly. Except in otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately crossed by the breach of my of the foregoing was anti.
or grammes, but such liability shall in no event im9ude loss of pmfts or 1. of sea. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may mike changer to legal tern by women change Omer
S. CHANGES IN COMMERCIAL TERMS.
The producer may make any changes on the want. Other than legal remrs. including additions m or dicknoa form
the quaatitiew originally ordered in the specifcatioa or drawings, by vabal or written change order. If any such
change afrmm the amount due or the time ofperfomance hareenda, an mandate adjustment shall be made.
6. TERMINATIONS.
TO, Purchase( may of any time by written change comer, wtmins. this agreement as to any or all poxim s of the
goods fen not shipped, subject to my equitable adjustment between the paints ns many work or materiala then in
progress provided that the Purchaser shall not he liable for any claims for anticipated pmfrs on the uncompleted
portion of fie goods ancior work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such terinatim shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella xammta fit all goods sold humanism shall boot been produced, sold delivered send Famished in strict
compliance with all applicable laws ami regulations to which the good ate subject. The Seller shall execute ad
deliver such documm s as may be reported to effect Or evidence compliance. All was ram regulations amoral to be
incorporated in agreements of this shargter are hereby incorporated herein by this m erenco. The Sella egret to
indemnify and hold fie Purchaser hmmless from all rusts and damages sulTemd by fie Purchaser as a result of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Patty shall assign, mnsfer, or convey this order, or any monies due or m become due hereunder without the
Prior wrinea consent of the other parry.
10, TITLE.
The Seller warrants full, clear and unrestricted title On the Purchaser for all equipment, mammals, and items famished
in perfomance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofothem.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Puncheon directs the Seller to correct nonconfoming or defective good by a date to he agreed upon by the
purehaef and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply. the Purchaser
may cause the work to be perfumed by the most expeditious morns available to it, and the Seller shall pay all
mns aswcimed with such work.
The Seller shall release the Purchaser and its armanum of my tier firm all liability and claims of any motme
.Iran, from the perfomavm fsuch work.
This ml. shall apply ere t in the event of fault of negligence of the party releaed and shall extend m fie
(rectors, affects and employees of such pmry.
The Sellers mntractal obligations, including warmly, shall not be deemed w be reduced, in any way, because
such work is onfomed or roused to be, performed by the Purchaser.
14. PATENTS.
Whenever the Seller is eegnired to eve any dango, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In mat said equipment or
any pan thereof or the intended use of fie goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, fie Sella shall, at its own expense end at its option, either procure for the
Purchase, the right to continue using said equipment or pans, replace the same with substantially aml but
roninfringing equipment, or marry it so it becomes anal nfringmg.
15. INSOLVENCY.
If fie Sella shall become insolvent or bankrupt, rake an assigrumnt for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the
Purchsa without liability.
16, GOVERNING LAW.
The definilioa of. used or the interpretation of the agreement and the rights of all parties beeander shall be
concerned under and governed by the laws ofthe Sure ofColomdo, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to pafour work hemunda,
including the services of Sellers Representaive(s), on the premises ofofhers.
V. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work torpor materials before Sellers final completion and
aceeptmee, complem the work at Sellers own expose and to the satisfaction of no Ptuchaser. When mmeriaB
and equipment are famished by others for installation or auction by the Sd1a, fie Sella shall receive, unload,
stare amd handle same at the sire and become responsible narrator a though such materials andlor ryuipmme
were being menished by the Sella under the order.
IS. INSURANCE.
The Sella shall, at his own expense, provide fro the payment of workers compensation, including occupatimW
disease bate(, to its employees employed on at in emnection with fie work coveted by this Purchase order,
rather o their dependmes in xmrdance wit the laws of the state in which the work is m be dome. The Seller
shall also carry camprehemive general liability including, but ram limited m, connac I and nntomobile public
liability incurrence with bodily injury and death limits of in least $300,000 for any oat person, 5500,O00 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise re ire his
contractors, if my, to provide for such communication and insurance. Before any of the Sellers or his cartracmrs
employees shall do any work upon the prams, of others, the Sella shall f ish the Iawchazer wit a certificate
that such compensation and insurance have been provided. Such ceaificaro shall specify fie date when such
compensation and insurance have been provided. Such certificates shall specify the date whin such commission
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained it am, the
entire work is considered and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and limbil try for any and all damage, lass or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work pervaded for in
this purchase order or in connection herewnR The Sella will indemnify and hold harmless the Purchases and any
r all of the Purthasers officers, agents card employees fmm and against any and all claims, lasses, damages,
charges or expensed whether direct or indirect and whether to prisons or pmpmy in which the Puechaur may
be put m subject by reason of my act, action, neglect, omission or default on dr, For of the Seller, any of his
contrguam or any of the Sellers or exuaricurm oMr., agents or employees. In tau any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees an any time on account or
by reason of any act, action, nigher, omission or default of the Seller of my of his contrcors or my of its or
their oRicers, agena or employees . aforesaid fie Sella hereby agrees to assume fie defenu thereof and to
defend the ranee, at the Sellers own expense, to pay any aed all costs, charges, atwmeys fees and Offset a lsouses,
my and all judgments that may W incurred by or obtained against the Purchaser of any of am or their officers,
agents or employees in such suits m other proceedings, and in case judgment or other lien b, placed upon car
crommod against the property of the Purchases, or said parties in or as a result ofsuch scats or other pmceNings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall sake all safety precautions, famish and fnstall all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to salary including, but without limimfn, the
Carriedinal Safety and Health Act of 1970 and all It, and regulations issued pursuant theme.
Revised O)R014