HomeMy WebLinkAbout113258 ADVANCED DRAINAGE SYSTEMS INC - PURCHASE ORDER - 3215012Fort Collins
Date: 01/02/2015
PURCHASE ORDER
Vendor: 113258
ADVANCED DRAINAGE SYSTEMS INC
6800 SMITH ROAD
DENVER CO 80207
PO Number Page
3215012 ?of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/02/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Signal Construction Supplies
Annual
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.mm
1 LOT LS
5,000.00
Total $5,000.00
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
L COMMERCW,DETAILS.
Tax exempmm. By statute the City of Fort Colima is exempt fnm sure and local taxes. Our Exempfim Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Sudden, 1973, Chapter 39-26. 114 (a).
exercise any rights or remedies provided herein or by law, failure w promptly notify the Sella in the went of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure w meet specifications, either when shipped or due to defects of
any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you fro credit and are not to be replaced except upon receipt of wdnen
parchaaa to insist upon stria performance heseofor any of its rights or remedies as to any such goods, regardless
instructions from We City of Fan Collim.
of when shipped, received or accepted, as in my prim or subsequent default hereunder, nor shall any purported
orel modification or rescission of this purchase order by the Purchaser claims as a waiver of my of the farm
Inspection. GOODS are subject to the City of Fort Collin irupation on mrival.
hector.
Final Acceptance. Receipt of the merchandise, services of equipment in rmpor¢e as this other can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood Out FINAL
Seller and me Purchaser ccognize Nat in actual economic practice, overcharges resulting from mtitrat
ACCEPTANCE is dependent upon completion are][ applicable r puirN inspection praedurd.
violations art in fact home by the Pardesec nertof , for good cause aM to consideration for executing this
purchase order, the Seller hereby msigm to the Purchaser any and all claims it may now have or banner
Freight Tern¢. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless
acquired under federal or site anhurat laws for such overcharges relating to the particular goods or services
otherwise specified On this order. Upermission is given to prepay freight and charge separately, the original freight
purimaed or acquired by the Purchaser pursuant w this purchase order.
bill most accompany invoice. Additional charges for rocking will not bo accepted.
Shipment Dodame. Where monuf tares have distributing points in exams part of the county, shipment is
expected f the nearest distribution said to damnation, dual excess freight will be deducted from Invoice when
shipments are made food greater distance.
Permits. Seller shall procure at sellers sole rest all necessary permits, cerificztes out licenses nation by all
applicable laws, regulations, ordinances and rules of the slate, municipality, hand, or political subdivision where
the work is performed, or requited by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller number agrees to hold the City of Fun Collins harmless fmm and against all liability and loss
incurred by them by reason of an a tamed or established violation of my such laws, regulations, ordinances, rules
and rcquirent
Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide an pa=sid, full and
complete authority to bird said ponies.
LIMITATION OF TERMS. This pinnace Order expressly lints somplmce to the terms aM can lidom stated
herein act forth and my supplementary or additional terror and drachuoas mnexed hereto or incorporated herein by
refesence. Any additional or different tents and conditions proposed by seller are objected w sari hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m write oa your
promised delivery date as acted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Parehaurs including, without
limitation, acceptance ofpaaial late deliveries, shall operate as a waiver of this incision. In the event army delay,
the Purchaser shall have, in addition to offer legal and equitable mmedics, the option of placing this under elsewhere
aM holding the Sella liable for damages. However, the Sclles shall not bo liable far damages as a reds of delays
due w causes not mwnably f able which are beyond its reasonable award and without its fault of negligence,
such must of God, acts of civil Or nlimry autlwritias, govemmenul priwifia, fires, strikes. Rood. epidena, wars or
rives provided That notice of the conditions causing mch delay is given w the purchaser within five (5) days of the
time when the Sena first received knowledge thereof. In the ncar of any such delay, the drat of delivery than be
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Sella warrants that all good, i metes, materials and work covered by this order will conform with applicable
drawings, specifications, samples andor other dmeriptiom given, will be fit fro the pur,oses intended, and
Performed with the highest degree of ire and compnence in mainland, with accepted admdards for work of a
similar nature. The Sella agrees o Mid He, purchaser hmmless from any loss, damage or expense which the
Purchaaa may suffer or incur on account orate Sella breach of canted, The Sella shall replace, ot,sw or make
good, without rout w the purchaser, my defmts or faults ailing within ere (I) year or within such longer pairs] of
time as may be prescribed by law or by the terms of any, applicable svarmew, provided by the Sella after the date of
acceptance of the goods f mished heeunda (acceptance not be uareauably delayed), resulting farm imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constim e a waiver of my claim under this wavanty. Except as otherwise provided in this pumhau ordeq the Sellers
liability haeuMa shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no went include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pardoner may make changes to legal terms by Oman change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchmterms,may make any changes to the terms, other than legal terns, including additions lr or deletions from
the quantities origially ordered in the specifications or drawings, by verbal or wrineo change order. If any such
change affects the amount due Or the time ofperform ince hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, ferminart this agreement as 10 any or dl pwiom of the
goods On not shipped, subject w any Nuitable adjustment between the parries as to my work or materiels men in
ingress provided that me Purchamr shall tut be liable for any claims for anticipated profits on the ..plan
portion of thc good mNor work, for wciciental or comrquential damages, sad Out no such adjtnmlent M made in
favor of the Sella with respect to any goods which art be Sellers standard stack. No such tam onic. shall relieve
the Purchaser or be Sella army ofineir obligatou m to my good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for w1jmtment must be asserted within thirty (30) days Gam the date the change or termination Is
ordered.
S. COMPLIANCE WITH LAW.
The Sella wamnts Out all goods sold hereunder shall have been produced sold, delivered are i bombed in atom
compliance with all applicable laws and regulations to which be good are subject. The Sella shall execute and
deliver such documents as was, b, re ired to effect or widentt compliame. All laws atdondatiom regdred to be
incorporated in agreements of this character are hereby incorporated herein by this mferace. The Seller agrees to
indemnify aM bold thc Purchaser harmless from all costs and damages suffered by me Purchaser as is retell of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, hounfeq or convey this order, or any monies due or to become due hereunder without me
prior carmen consent of the other party.
I(h TITLE.
The Sella wammrU full, clear and umedricted fide w thc Purchasd for all equipment, materials, and it. fumi
in pesfocmmce of this agrcc L free an clear of my red all lien, Himicuom, ram-auom, security imemt
crcumbrences and claims ofathem
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purnma directs the Sella to coned nonconforming or defective good by a One to be agreed ulna by the
Punhases and the Sella, and the Sella thereafter indiceta its inability or mxillingrcss to comply, the Purchaser
may cause the work to be parfomnW by the .1 expeditious mean available to it, and the Sella shall pay all
cents associated with such work.
The Sella shall relwu the Purhatr and its nobodies of any tier firm all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party relented and shall extend to the
directors, sheers and employees ofanch party.
me Settees sontrrodal obligations, including wamnty, shall not be downed to be reduced, in any way, became
such work u performed or caused w Ee performed by the Purchases.
14, PATENTS.
Whenever the Sella to is minima use my design, device, matcciol orpress cos'erW by lever, pint, trademark
or copyright the Sella shall indemnify and save harmiss the Purchaser firm any Had all claims for infra,drad
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 cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at my time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended fie of the good, is in such suit held w constitute infringement and the use of
said equipment w pan is joined, the Seller shall, at its own expense and at its option, either p.m for the
PurcM1mer the right to continue using said equipment or pats. replace the same with substantially equal but
noelnfringing equipment, or modify it as it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent m bankrupt, make an assignment for the benefit of nations, appoint a
or mites for my of the Sellers property or business, this order may forthwith be canceled by the
Purehoer without liability.
16. GOVERNING LAW.
The clef nitiom off =used or the interpretation of me agreement and the rights well parties heremda shall be
consmed seeder and governed by the laws d7the State ofColoredo, USA.
The following Additional CoMitiom apply only in does where the Seger is to perform work haeundes,
including the services of5ellea s Repnsenurive(s), on the premises ofothers.
It. SELLERS RESPONSIBILITY.
The Sella shall any on said work at Series own risk unfit the same is fully completed and accepted, and shall,
in case of any accident destruction or injury to the work aadlor materials before Seller's final completion and
meadows, complete the work at Sellers own expense and to the satisfaction of the Purchaid. When materials
and nuipment we finmishat by others for installation or erection by the Sella, the Seller shall receive, reload,
store sn handle same at the site and become responsible therefor as bough such materials and/or equipment
were being fumishM by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work cus'e at by this parhow miler,
mNor w Out, depend.. in accordance with be laws of the sate of which the work is to be done. The Seller
shall also any comprehensive grnerul liability includin, but not limited to, contmctml and automobile public
liability insurance with bodily injury and death limits of at least 5300,00) for any one person, 5500,00p for any
incident and property damage limit per accident of S400p0R The Sella shall likewise require his
co muccors, if say, to provide for such compensation and iadama Before any of the Sellers or his contractors
employees shall do my work upon the premise of others, the Seller shall furnish the Pumhmer with a certificate
that such compensation am insurance have been provided. Such certificats shall specify be date when such
compensation and insurance have been provided Such certificates shall specify the doe when such compensation
and insurance expires. The Sella sgrees that such compensation and assurance shall be raiassioM unul offer me
entire work is complaint and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ass es be entire responsibility and liability for my and all damage, loss or injury of my kind
or nature whensoever to persons or property caused by or resulting from the execution ofe work provided for in
this purchase order or in connection herewim. The Sella will indemnify and hold harmless be Purchaser and my
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to perians or property to which the Purchaser may
be put or subject by rerun of any act, action, neglect, omission or default on tM pm of the Seller, my of has
contmco. , or my of she Sellers or warm. oMd., agents or employees. In case my suit or ther
proceedings shall he brought against the Pachuca, or its officers, agents or employees m any time on mrnmt or
by reason of my set maim. trot fad, omission or default of be Sella of my of his contractors m my of in or
their officers, agents or employees as aforesaid, the Seller hereby agrees in assume the clefeme thareof and to
defend the same at the Sellers own expense, to pay my aM all costs, charges, attorneys fees and other expenses,
any and all judgments Out may be incurred by or obtained against the Pmchmes or my of its or thew officers.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the pmpeny of the Purchased, or said parties in or m a result of such suits or other prmeedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, Finnish and imull all guard necessary for the prevention of
incidents, comply with all laws and regulations with regard w safety including, bur without limitation, the
Occupshoal Safety dud Health Ad of 1970 and all rules and regulations issued p..t therem.
Revised 07n014