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HomeMy WebLinkAbout386277 FRONT RANGE WATER - PURCHASE ORDER - 3215046Fort Collins Date: 0110212015 Vendor: 386277 FRONT RANGE WATER 1044 TRADING POST ROAD FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215046 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/02/2015 Buyer: WILSON, JILL Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual Water Usage 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 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 rmra�.a�T[.trrmrr� Page 2 of 2 I. COMMERCIALDETAHS. Tax exemption. By waste the City of Fort Collins is exempt from stain and local =a. Our Exemption Number ¢ 1 L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Of be Purchaser to insst upon am" performance of the terms era condition herai failure or delay to Intamal Revenue, Derive, Colorado (Ref. Colorado Revised Stamina 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepmnee of or payment for goods hereunder or approval of the daunt, shall not release the Seller of Goods R jectal. GOODS REJECTED due to failure a men specifications, either when shipped or due to defects of any of the warmntia or obligation of this purchase order and shall not be deemed a waiver of any night of the damage in nanit, may be rnumal to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon sort perfotaance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryora d and modification or rescission of bda purchase order by the Purchaser apemte as a waiver of any of the terms Inspection. GOODS are subject to be City of Fort Collins inpecdon on arrival. hermf. Final Acempuncc. Receipt of the merchandise, son or aquipaunt in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pa, of to City of Fort Collins. However, it is to be understood! but FINAL Sella and the Purchaser reempia, that in acond aovomic practice, overcharges resulting from antilrnt ACCEPTANCE is dependent upon completion OEM[ applicable required inspection procedures. violation are in fact home by Cho Purchaser. Thcrtoforc, for good cause and n conideradon for cascading this purchase order, the Sella hereby assigns to the Purchaser any and all claims it ray may have Or hereafter Freight Terms. Shipments must be F.O.D., Ciry of Too Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired anda federal or some antioust laws for such overcharges relating to the Indicator goods or s mica otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by tha Purchaser pursuant to this purchase order bill most accompany unwire. Additional charges for packing will cot be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from neared to neardistribution paint to destination, and excess freight will ha deducted from Invoice when shipments we made from greater distance. Permits. Seller shall procure m sellers sole cost ell necessary permits, endifcotes oral tiepins required by all applicable laws, regulations, ordimnar and cola of the state, nomiriWlity. ariony or political subdivision where the work is per( ed, or required by my other duly Contimal public authority having jurisdiction over the work of vendor. Seller finder antra to hold the City of Fort Collins harmlas from and again, all liability and lass incurred by them by reason of an asserted or aobl Wed violation of any such laws, p,almon, pedimnces, rates and requirements. Authorization. All panic to this contract agree but the ra,ma n hives are, in fact, bona fide and possess full and Complete whiny to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be terms and condition seated herein set forth and any supplementary or additional tense and condition annexed hereto or incorporated herein by reference. Any additional or dilfesrnnaws and condition proposed by seller use objected to and hereby jetal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cannot moke complete shipment to save on your promised delivery date as voted Time is ofthc essence. Delivery and pert mcc most be, effected within be time stated on be purchase order and the documents attached hoes. No acts of the Purchasers including, without limitation, acceptance ofpmial late deliveries, shall Operate n a waiver of this provision. In the event of any delay, the Purehwer shall have, in addition to other legal and eq.imbLe remedies, the option ofplaci g this order elsewhere and holding the Sell, liable for damages. Howeve, the Seller shall Or, be liable for damages as is result of delays due to clams not reasonably foresccablc which me, beyond its reasonable control and without its fault of negligence. such acts of God, was ofcivii or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or ..is provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella wadaurs that all grad, anicla, materials and work covered by his order will conform wide applicable drawings, specification, samples and/or other description given, will he Et for the parcopy intended, and pu farmed with the highest dagme of care and .,.an- in accofdaae with acccpaed standards for work of is similar store. The Sella agrees to hold the pucluser harmless from my loss, damage or expense which the Purchaser may suffrr or incur an recount of the Sellers breach of wananry. The Seller shall replan, repair or make good, without cost to the purchaser, any defects of faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Sella after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or me of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as Otherwise provided to this purchase aide, fie Sellers liability harander shall extend to all damage, proximately come d by the breach of my of the foregoing warranties or gumsntims, but such liability shall in no event include loss ofpmfits or loss of Ism. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may drake changes a legal ton by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wntow change order. If any such change offeas the amount due a the time of,afic anance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The, Purchaser may at my time by written change order, mrmimte this ogreement w to my or all portion of the good fen cot shipped Subject to any equitable adjntment between the parties n to my work ar materials Hen in progress provided but be Purchner shot[ not be liable for my claims for anticipated Profits on be uncompleted ,onion of the good andlar work, for inciderml in presentimental damages, and that m such Mijustrant he made in favor of the Sella with mapect to my good which are the Sellers smndmi stock. No such nomination shall believe du Pwchmer, or the Sella of any oftheir obligation as to any grad delivered lom onder. 'l. CLAIMS FOR ADJUSTMENT. Any claim for adjntmenr must ha nsencd within thirty (30) days from the data the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants but all good sold hereunder shall have been produced, sold, delivered and f mished in strict compliance with sll applicable laws and regulation 0 which the good ere subject The Sella shall execute ond deliver such daumrnts as may be required to effect a evidence compliance. All laws and regulation required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchases harmless from all routs and damages original by the Parchasn as a result of the Sellers failure to comply wit such law. 9. ASSIGNMENT. Neither piny shall nsign, trans(, or convey this order, Or my monies due or to became due hereunder without to prior waaer consent of to other Entry. 10. TITLE. The Sella warrants full, clear and unrestricted title to be Purchaser for all equipment, materials, and Toms famished in performance of this agreement, free and clew of my and all lien, rediichon, reservation, security interest emumbmnce, and claims or thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pmchwer and to Seller, and the Seller impeder indicates its inability or nowillingness to comply, the Purchaser may cause be work to be performed by the most expeditious means available m it, and the Seller shall pay all costs assauted with such work. The Seiler shall releaze the Purchaser and its contractors of any tier fin all liability and claims of my nature .Jim, fin the pafwomem of much work. This ml. shall apply even in the event of fault of negligence of the party released and shall emend to the directors, offrem and .,toy. i f such parry. The Seller's mnuactml obligation, including warranty, shall not be clamed to be replaced, in any way, because such work is performed or cmad to be performed by the Purchner. 14. PATENTS. Whenever the Sella is required to use my design, device, material or praess covered by letter, parent, aademark r copyright, the Sella shall indemnify and save harmless the Purchased tear my and all claims for infringement by reason of the tau of such parroted design, device, normal or process in connection with be sporran, and shall indemnify the Purchases for my cost expense or damage which it may be obliged to Ray by reason of such infri,prornt at any dime during the prosecution or after be completion of the wink. In sae said sompmem, or my part fecmf or the intended use of be good, is in such suit held to const rum infringement and the use of said equipment or Pan is enjoined, the Seller shall, at its own rxpebre and at its option, either procure far the Purchaser the right to continue bring said equipment or pans, replace the same with subsuntialty equal but noninfringing equipment, or modify it so it becomes nminGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an wai,—. for the benefit of creditors, appoint is receiver or trainee for any of the Sellers property or business, this order may forthwith be canceled by be purchaser widham liability. 16. GOVERNING LAW. The, defwums, of. sued or to interpretation i fte agbeemen, and the rights of all parries heremder shall be contrual ands and govemal "a laws claim Some ofColomda, USA - The following Addifioml Condition apply only in coses where the Sella u a perform we& hereunder, including be services ol'Sallas Represeatative(a), on be premises ofoNem 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work w Sellers own risk until tha same is fully completed and accepted, and shall, n case of my accident, destruction or injury to the work and/or materials before Selle's final completion and attptmtt, complete the work at Sellers own expense and to the antisfrcim of the Purchn,. When mmerials and eqdpment are fmishal by others for installation or nation by be Sella, the Sella shall receive, =load, score and handle same at the site and become responsible therefor, n thoupp such mmenals anNof equipment were bid, furrdahed by the Seller unda the order. 18. INSURANCE. The Sella shall, at his own expense, provide fin the payment of workers compen atom, including aearpso nml disease benefits, to its employees employed on or in com,tion with the work covered by this purchase order. odor to their dependents in accordance with be lawa Of the rote in which the work is to be done. The Sella shall also cony, comprehensive gmeml liability including, but not limited to, emitmetml and mtomubile public liability insurance with bodily injury and deem limits of nI lewd E300,00) for any one person. E500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contranors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work u,a fe premises of others, the Sella shall Finnish the Purchaser with a certificate but such compensation and insurance have been Provided. Such cenificata shall specify be dte when such compmsaton and insurance have been provided. Such certificates shall specify the date when such compeosatim and inswdnce spires. The Sella agrees that such competuation and insurance shall be mainomed =til cola the otim work is completed and wompred 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller heathy assumes the entire responsibility, and liability for my and all damage, loss in injury army kind or nature whinowever to person or pmady caused by Or resulting from be execution of the work provided for in this purchase order or in connection herewith- The Sella will indemnify and hold hamdesv the Pardoner and any r all of be Purchasers officers, agents and employees from and again[ my and all claims, losses, damages, charges or expenses, wheher direct or indirect, and whether to persons or property to which tha Pu¢hwer may ba put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, my of his conrmtors, or any of the Sellers or contractors officers, agents or employes. In sou any suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees 0 any time an accost or by rmson of my at, action, negla d, omission or default of the Sella of my of his combators or my of its or their officers, agents or employees as aforesaid the Sell, hereby agrees to assume the defence therof and to defend be same at the Sellers owo expense, s pay my sal all oats, charges, anameys f and other apincom any and all judgments Chat may be marmot by or obtairud against the Purchaser or my of its or Choir officers, agents in employ at in soh suits or other proceedings, and in can, judgment or other lien be placed upon or Obtained again, be property, i fthe Pumhamr, or said pmies in Or as is resWt of such suits or tuber pmceedirngs, to Seller will el once couse Che same to be dissolved end disclurged by giving bard or otherwise. Tha Seller and his contractors shall Like all safety precaurion, furnish and install all guards naesaary for the prevention of ccideots, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all roles and regulations issued pursuant fertto. Revised 07[ 014