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HomeMy WebLinkAbout103701 THE NORTH POUDRE IRRIGATION CO - PURCHASE ORDER - 9147486Fort Collins PURCHASE ORDER Date: 12/18/2014 Vendor: 103701 THE NORTH POUDRE IRRIGATION CO PO BOX 100 WELLINGTON CO 80549-0100 PO Number Page 9147486 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fish Flume 1 LOT LS 30,000.00 PER AGREEMENT DATED 12-17-14 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 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 stazute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 98-0450I. Federal Excise Tax Exemption Certificate of Registry FI-6000587 is regislmal with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Station 1973, Chapter 39-36,114 (a). Goods Rejected. GOODS REJECfED due to failure m meet specifimtime. either when shipped Or due to def is of damage in tranai4 may be rewmed to you for credit and are not to be OTTmed except upon receipt of wrinrn instructions from the City effort Collins. Inspection. GOODS are subject to the City of Fall Collins impation on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can resuh in anthanud payment on the an of the City of Fen Collins. Ifewever, it is 1. be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.R., City of Fan Collins, 900 Woad St, Fen Collins, CO 805I1, unless otherwise specified on this order. Wpemrission is given to prepay freight and charge screamer, r, the mkined Ireighl bill most accompany invoice. Additional charges for packing will not be compared, Shipment Distance. Where mainufaeurers have distributing points in cannot part of the country, shipment is expected from the neared distribution point to desolation, and excess freight will be dNucted from Invoice when shipments are made from mme, do.. Permits. Seller shall procure at sellers sole rout all necessary permits, crtiftates and licenses mag irt-0 by all applicable laws, regulations, ondimace. and roles of the sam, municipality, Factory or political subdivision where the work is performed, or acquired by any other duly mmlihted public minority havingymisdicuon over the work of vendor. Seller further agrees to hold the City of Fen Collins harmless f m arm against all liabiliry and lass incurred by them by reawn of an asserted or o tablished violation of any such laws, regulations, ordinances, roles and requirement. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMIT A] [ON OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions sated human set farm and any supplementary or additional tears end conditions mmixed bar. or mem,mmed herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery Ste as noted. Time is of the essence. Delivery and performance must be effected within the time stated oa he purchase order and the documents attached hem.. No Or Of the Purchasers including, wlfrm limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacfg this order elsewhere and Will, the Seller liable for damages However, the Sella, shall at be liable for damages as a result or&I., due to causes not reasonably foreseeable which art beyond its ressomble control and without it fault of negligence, such act crGod, act of civil or miliary mtlronties, govemmrnlal xion is , finis, sages, Bead, epidemics, wars ar dots provided that police of the conditions causing such delay is given to me Purchaser within f (5) days of the time when the Seller fro received A ledge thereof In the send of any such delay, the date of delivery shall be extended for the ground equal to the hate actually lam by reason ofhe delay. 3. WARRANTY. The Seller warrants that all goods articles, materials and work covered by this older will conform with applicable drawings, specifications, samples andror other desciptions given, will be f for the Fairless intended, and performed with the highest degree of care and comparative in accordance with accepted standards for work of a miler mturc. The Seller agrees to hold the purchase, harmless from any lass, 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 gewad, without cost to the purchaser, any defect or fault arising within one (1) year or within such longer period of time as may be proscribed by law or by the tams of any applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fmimed by the Seller. Acceptance or use of goads by me Purchaser shall not ormihte a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing w'ro antics or guaranttts, but such liability shall in no went 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 Purchaser envy make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to he mmm, oche, than legal terms, including additions to or deletions from the qu umilim originally ordered in the specifications in drawings, by verbal or written change order. If my such change a@ct,he -wom due or me time ofei rforave ce Immunder, an cquimble adjmamen, shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the gods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pinion of the goods pallor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such terminalion shall relieve the Purchaser or the Seller of any ofdhelr obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Anr claim for adjustment most be asserted within thin, (30) days from the date the mange or witan m6on is ondeed. 8. COMPLIANCE WITH LAW. The Seller waemts that all goods sold hereunder shall have been produced. sold, delivered and monistical in strict compliance with all applicable laws and regulations 10 which the good are subject The Seller shall execute and deliver such document as may be, rag Trod to effect or evidore mmpliancc. All laws and regulations op,mred to be incorporated in agreement of this chameter are hereby incorporated herein by this reference. The Seller agrees m indemnify and gold the Purchases harmless from all cost and damages suffered by the Purchaser as a null of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this older, or my monies due or to became Se hereunder without the prior Orman consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liners, restrictions, reservations, secunty interest encumbegra. and claims aFawar . 11. NONWAIVER. Failure of the Purchaser m insist upon strict perfoemarae of the terms and conditions hereof, failae or delay to any rights Or mnedies provided heroin or by law, failum I. promptly ratify the Seller m the nand of a breach, the acceptance arm payment for goods hereuder or approval ofthe design, shall not release the Seller of any of the wannewi. Or obligatiom of this purchase under and shall not be, deemed a waiver of my right of the Furchose, to insist upon sme, performance hereofor my of its rights or remedies res to any such goods, regaNless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase older by the Purchaser operate as a waiver of any of the terms hereof. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in moral economic practice, r ercherges resulting from antitrust vimeions are in fact boom by the Purchaser. Iherctofore,nfor rg.ad came and as cmaiderarinn to .... ruling this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired tinder federal or state innocent laws for such overcharges Oclaing to the particular goad or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purel aer direct the Sell. to correct nompnfoeming ar depletive good by a daze to be agreed upon by the Purchaser and the Salle, amd the Sell, heeez0er indicates its inability or unwillingness to comply, the Purchaser may cause the work to go pert ed by the most expeditious means available to it, and the Seller shall pay all costs sssumm al wall such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims or any nature mulling from the performance ofmch work. This rticase shall apply even in the event of fault of negligcnee of the parry, released and shall extend to the directors, officers and employees of such Panty. The Sellers contractual obligations, including warranty, shall not Is, dcemed to be reduced, in my way, because such work is performed or caused in be Performed by the Purchaser. 14. PATENTS. Wlmnever 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 ha joless the Purchaser form any and all claims for immurement by reason of the use of such patented design, device, material or process in connection with the cantonal, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such 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 consulate arrangement and the use of said equipment or pan is enjoined, the Seller shall, at it own expense and at its option, ether procure for me Purchaser the right to continue using said equipment or Para, replace the same wim substantially equal but mmnimmnging equipment, or modify it so it becomes coninfringing. 15. INSOLVENCY. If the Seller dull become insolvent ar b odrapt make an assignment for the benefit of creditors, appoint o or mulct fro any of the Sellers property or business, this oldeb may forthwith b, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afterms used or the mteprelstion of the agreement and the rights of all parries hereunder shall be omoued under and governed by the laws ofhe 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 Repres imativogd, on the premises of omcrs. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of my accident, destruction or injury to the work argon materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc burnished by others for imtallation or erection by the Seller, the Seller shall receive, unload, snort and handle same a, the site amd become responsible therefor az though such materials mal equipment went being gambled by the Seller under the oiler. 18. INSURANCE The Seller shall, m his own espouse, provide fro the payment of workers romper Lion, including nomp tional disease benefit, to it employees employed on or in connection with the work covered by this purchase older, mgor to their dependent in accordance with the laws of the suite in which the work is to he done. The Seller shall also cart, compmhen ive formal liabiliry including. but not limited or conamma d and amomobile public liability insurance with bodily injury and death limits of at leant S300,000 fro my tine person, $500,000 for my one accident and property damage limit per accident Of $ 00,000. The Seller shall likewise require his contraaon, irony, to provide for such compensation and insurance. Before my of the Sellers or his accounts employees shall do any work upon me pmnises of timers, the Seller shall finish the Purchaserwin a cenifcate tall such compensation and inseminate have been provided. Such certificates shall specify the date when such conipearation and in ce have been provided. Such certificates shall specify me data when such romperasation and insurance expires The Seller agrees that such compensation and insurance shall be maintained will after the entire work is completed and accepted. 19. PROI'EC HON AGAws f ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or name whosoever to persons Or proper caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of he Purcfaers officers, agent and employees Item and against any and all claims, losses, damages, charges or exp mag, , whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by commit of my act, mdom neglect, omission or default on the pan of he Seller, my of Ms conteret.., or my of the Sellers or examuchurs ome., agent or employers. Ice case my mat or omer proceedings shall be brought against the Purchase, or it oMO.. agent or employes at my time on mcowt an by longer, of my act, action, veglecc, omission or default of the Seller of my of his contractors or my of it or heir oRcers, agent or employees as aforesaid, me Seller hereby .,. to assume he defame hereof and to defend me more at he Sellers own expense, to pay my and all costs, charges, allomeys fees and other expenses, my and all judgment that may bd incurred by or obuimd against the Purchaser or any of its Or heir office.. agent or employees in such suits or other proceedings, and i. case judgment or omer lien be placed upon or Obtained .gaunt the property of he Purchaser, or said panics in or cs a anult of such its Or other proceedings, the Seller will at peace cause he same to be dissolved and discharged by giving bond or omewise. The Seller and his contractors shall aloe all safety precautions, fetish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupmianal Safety and Heulh Act of 1970 and all roles and retitled... issued pursmnl thereto. Revised 07n014