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HomeMy WebLinkAbout450506 DITESCO LLC - PURCHASE ORDER - 9146984Fort Collins Date: 11/26/2014 Vendor: 450506 DITESCO LLC 1315 OAKRIDGE DR SUITE 120 FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146984 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 11/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t CONSULTING SERVICES WO #D-WRF-2014-18 SPT PROJ 1 LOT LS 7515 Consulting Engineering Services for W, WW & Stormwater Facilities Capital Improvements 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@fogov.com 307,749.00 Total $307,749.00 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 1. COMMERCALDETAIIS. Tax exemptions. By aims, she City of Fort Collins is exempt tram stale erd local taxes. Ow Exemption Number a 98-04502. Federal Excise Tax Exemption Certificates of Registry 84.6400587 is registered with the Collector of 11. NON WAIVER. Failure of the Purchaser to insist upon stria performance Of of the terms and condiames hereof, failure or delay m Internal Revenue, Denver, Colorado (Rd. Colorado Revised Sensors N73, Chaplet 39-26, 114 fiq. exercise any rights or remedies provided herein or by law, failure to promptly unify, the Sella in the event of a breach, the aecepmnce of or payment far grinds hereunder or approval of the design, shall not release the Sella of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any of the anomalies or abltgmios of this purchase Omer mad shall not he dinned a waiver of any right of the damage in transit, may be seemed to you for credit and are rut to he replaced except upon receipt of written purchaser to insist upon strict Performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City effort Collins, of when shipped, trimmed of wceged, ss an my prior or subsequent default bemuvder, nor shall any purported oil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of Ne serrns Inspection. GOODS are subject to the City of Fort Collins inspection on mrival. hereof. Final Acceptance. Receipt of the merchandise, services or optimal in eespome to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymrnr on the pm of the City of Fain Collins. However, it is as be, understood that FINAL Sella aM the Parcho er magnve that N actual woramie prwtia, warehouses resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable credited inspection procedures. ch,scrom arc in fact borne by the Pmchinser. Themofine, for good come and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or haea0er Freight Terms. Shipments most be F.O B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such wearde es relating to the particular goods or services otherwise specified an this Omer. If permission is given to prepay height and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill ratio mrommnv homex Addilloml elcures far cackinu will not be acccmed Shipment Distance. Where manufacturers have disndria g paints in va anus was of Ne country, sMpmem is expected from the nmrew distribution paint to diminution, and excess freight will he deducte from Invoice when shipnvnts are made from greater distance. Permits. Seller shall produce at sellers sole cast all necessary permits, mnifirstes and licenser required by all applicable laws, rcgulmfom, me imnees cad rules of the sure, municipality, temtory or polieical subNsismn where the work is performed, or required by my other duly comtimmd public authority having jurisdiction my the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss enderred by them by clown of an assured or established violation of any such laws, regulations, ordinances, mlea requir seems. American... All panics to this fa.tract agree Nat the rePresentalives are, in fact born fide and possess full am complete authority to bind said pmia. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set froth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by mumace. Any additional or different ream and conditions proposed by seller are objected sand herby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately dryad cannot make complete shipment to arrive on your promised delivery data m noted. Time is of the rowme. Delivery and performance ..it be effected within the time stated on the purchase Omer and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this Provision. In the event of my delay, the Purthaser shall have, in addition to other legal and equitable remedies, the option of plating this order elsewhere and holding the Seller liable for damago. Howeva, the Seller shall not at liable far damages as a moult of delays due to causes not reasonably foreseeable which are beyond its reasonable comad and without its fault of ri'ligmtt, such acts Of God, acts ofcivil or milaw, authomla, governmental priwilies, fires, strikes, Rood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when the Sella fro received knowledge gamet In the an of my such delay, the date of delivery idall be exteMed far the period ryund to the time wtmlly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, matenials and work covered by this order will conform with applicable drawings, specifications, sample wdAO oNe description given, will he fit for the pufpaam later" and performed with the highest degree of are and compamee in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the purchour harmless from my lass, damage or expect which the Purchaser may suffixor incur on account orthe Sellers breach of wasrmry. The Sella shall replace, repair or make goad, withou cost 4e the purchaser, any defects or faults wising within one (1) year or within such longer period of time as may be preacribal by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acaphence not to be, communicably delayod), resulting from imperial or defective work dorm or rear ads furnished by the Seller. Acceptance or use of goods by she Purchma shall rot constitute a waiver of any claim under this warranty. Except as otherwise provided In this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of my of the foregoing xarranties or gmmmees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal rearm by write. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases, may make any changes to the terms, other than legal terms, including addifinm to or deletions tram tm quantities originally added in the specifications or drawings, by virtual at "nen change income If any such change aR ets the amount due or the time ofperformince hereunder, m equitable adjuslown sbill be made. 6. TERMINATIONS. The Purchaser may m my time by wrtnen change omen terminate this agreement as fro my tar all Portions of the goads then not shipped, subject to my equitable adjustment between the ponies as to my work or materials then in pointers Provided shot she Purchases shall rat he liable fro any claims for anamiWrrd profits on the uncompleted portion ofthe goods and/or work, for incident Or conaNde.tial damages, sand that no such rdjosfmmt be made in favor ofthe Seller with respect to my goods which are the Sellers standard stock. No such ammunition shall relieve the Purchaser or she Seller army of their obligations is, to my goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjussment most be assured within thirty (30) days from the date the change or automation, is omered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable law; mrd regulations to which the goods are subject. The Sella shall exempe anti deliver such dwumeces as may he mainland of effect or evidence compliance. All law; and regulations rapture to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, sholl msig., vender, or convey Ws coda, or any monies die or to become due heceurader without the prior written consent ofthe office parry. Ill. TITLE. The Seller wammn full, clear and unsmtriaed tide ra the Purchase for sll equipment, materials, and items fumuhed in performance of this agreement f aced clew of my and all lies, restrictions, resmariom, usually interest encumbrances and claims ofothers. B. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Unto Purclaser directs the Sella to coreat nonconforming or defective goods by a date to be agreed upon by she Furchote and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Fuscial and its corporates of any tier from all liability and claims of my more sainting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry release and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obli,fa-, including warranty, shall nos he domed la be tall in any way, because such work is performed or ceded to W performed by the Purchaser. 14. PATENTS. Whatevev the Sella is required to one my design, device, material or process severed by letter, patent, trademark or copyright the Sella shall indemnify and save harmless the Purchua from any aed all claims for infringement by reawn of the use of such posed deign, device, rmterad of process in mmection with the contract, and shall indemnify Ne Purchaser for any cast, expense or damage which if may he oblige to pay by rcawn of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, ar my pan thereof or the intended we of the goods, is in such safe held to constib to infringement and the use of said equipment or pan is enjoined the Sella shall, at its own expense and at its option, either pmcum for the Pardoner the night to continue using said equipment or pans replace the same with substantially cgml but nmmsGnging aliipmrnl, or modify it w it brands; noninfringwg. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a deceiver or trustee fm my of the Sellers property in business, Nis order may forthwith be canttled by the Punctual without liability. 16. GOVERNING LAW. The definitions of terns used or the imrr omation ofthe agreement and the rights of all parties hereunder shall be co anted under and governed by the laws of the State ofColondo, USA. The following Additioml Conditions apply only N rases where the Sella is Ir perform work hrrenuMer, including the arrvico of Sellers Repreunmtive(s), on the premises ofod ers. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk aunt the same is fully completed and accepted, ae shall, in rase of any accident, destruction Or injury to tbz work and/or rmteink before Sellers final completion and acceptance, complete the work al Selle s awn expense and to the wi isfaclum of the Purchaser. When materials and equipment are famished by others for installation ar dr lion by the Sella, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the older. I S. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational dismse bencfls, to its employees employed on or in connection with the work covered by this pimhau order, andsm to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive gmenl liability including, but not limited to, terminated and automobile public liability iruumnec with bodily injury am death limits of at leass S300,OOo for any rare person, 5500,00o for my one accident and property, damage limit per accident of S400,000. The Sella shall likewise require his contmao s, if any, to provide for such compmiction and imunnec. Before any of f a, Sellers or his contractors employees shall do any work upon the premises Of others, the Seller shall famish the Placement with a certificate that such compensation and insurance have been provided. Such amifcales shall specify the date when such compensation and insurance have been provided. Such cenificares shall specify the dam when such compensation and insurance expires. led Sella agrees that such sempenow.. mid become shall he mvinmine moil after the entire work is mmplaed and wceptal 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sides hereby assumes the entire rrs andidnitty and liability for any and all damage, loss or injury of any kind or wort wasewsmer to persons or propmy caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold bsrtnl¢s she Purchaser and my cr all of the Purchasers officers, agents and employers tram and a,und my and all claims, losses, damage', harges or expenses, whether direct or indirect, and whether to persons or property to which the Paschal may be pm or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offers, agents of employees. In mu my suit or other proceedings shall be brought against the Purcha , of its officers, agents or employees at any time on weount or by ratwn of any cat cation, tirdecr, omission or default of the Sella of my of his commands or my of its or their oRced. agents or employees w of said, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, sromeys fees and other expenses, my and AI judgments that may be musical by or obtained against the Purchaser or my of its or their afraid, agents or employees in such ruin or other proceedings, and in case judgment or other him be, placed upon or obtained against Ne property, of the Purchases, m said parties in or ses a result ofsuch suits or other proceedings, the Seller will at Once cruse the sou to he dissolve and dischwgW by giving bond or wbcsssiu. The Sella and his contractors shall take all safety prtwutions, famish and install all guard nwusary for the invention of incidents, comply with all laws and mplatios with regard to safer,, including, but without limitation, the Occupational Safety and Health Act of 1970 will all roles and regulations issued pursmnl thereto. Revae 07n014