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HomeMy WebLinkAbout116946 NORTHERN COLORADO WATER ASSOCIATION - PURCHASE ORDER - 9150071Fort Collins Date: 01/08/2015 PURCHASE ORDER PO Number Page 9150071 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 116946 Ship To: DRAKE WATER RECLAMATION NORTHERN COLORADO WATER ASSOCIATION CITY OF FORT COLLINS PO BOX 415 3036 ENVIRONMENTAL DRIVE WELLINGTON CO 80549-0415 FORT COLLINS CO 80525 Delivery Date: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Water 1 LOT LS 6,281.39 inv 12112/24, act 261.01 2 Water inv 12/12/24, act 630.01 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 1 LOT LS 1,205.57 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. COMMERCIALDETAIM. Tax exemption. By smote the City of Fan Collie is exempt f stare and local taxes. Our Exemption Number is 11. NONWAIVER. fFw4502. Federal Gcise Tax Exemption Cawfiwm of Registry 84.6000581 is register, with the Collector of Failure of the purchaser to maid upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutra 1973, Chapter 39-26, 114 (a), ex ire any rights m member provided herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance ofew Payment for goods hereunder or apposes] of We design, ahall ran release the Sella of Goods Rejected. GOODS REJECTED due so failure to men specifirations, either when shipped or due to dertts of any of the wamnti« n obligations of this pommuse, order and shall ant be dinned a waiver of any right of the damage in transit, may be rehrned m you for credit mad are not to M replaced except upon receipt of written purchaser n heist upon strict performance bract at any of its rights or remedies n to any such goods, regardless connections from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any performed am) modification or rescission of this Purchase order by the Purchases operate n a waiver of any of the terms Inspection. GOODS are subject to the City of Too Collin inspection on rental. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response an this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Sella and the Purchaser mcognize that in actual economic practice, overcharges resulting from antiwar tfogood T ACCEPANCE is dependent upon completion of all applicable ra moil inspection procedures. violations ar e in fact boom by the Pumhaer. Theretofore, cause and as consideration for securing this purchase order, the Seller hereby «sign to the Purchaser any and all claims it may now have or herafta Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goats or services otherwise specified on this order. Hectometer is given to prepay freight and charge separately, the original freight purchased or acquired by the puchaser pursuant to this purcluse order. bill most accompany invoice. Additional charges for parking will not be weept,. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Inflame. Where mawfactums have distributing pries in various parts of the country, shipment is Ifthe Norman directs the Sella to correct nonconforming m defective goods by a date to be agreed upon by the npamd from the new at de tnbuuon peel to deannatiw, and excess freight will be deducted fmm Invoice when Pumha.r and the Sella, and the Sella ehcrnftn indiwr« its inability err unwillingness to comply, the purchases shipments are mede fmm greater doe.. may cause the work to W perforated by flee most expeditious means available in it, and the Sella shall Ray all costs associated with such work. Permits. Sella shall pracuse as sellers sale cant all necessary permits, cMifcetes and limes« required by all applicable laws, regulation¢, omeaw« and mles of the sure, mwicipality, territory or political subdivision where the work is perform,, or required by any other duly camtiruted public authority havingjuri,iction over the work of vendor. Seller further ogre« in hold the City of Fort Collins harmless frvm mW a,aired all liability and loss erred by them by eaoa of net warned or established violation of any such laws, regulromes, ordinances, roles and rwuirements. Authorization. All Wfes to this common agree that the repmsewi iva are, in feet, bona fide and possess full and complete willemiry to bind said farm«. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions wiled herein set font and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected in and hereby jelled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date n noted. Time is of the essence. Delivery and performance most be eRected within the time stated on the purchase order and the documents atmch, hereto. No acts of the Purchasers including, without limitation, acceptance minimal late deliveries, shall operate m a waiver of Nis provision. In the event of any delay. the Purchases shall have, in addition as other legal and equitable remedies, the'don ofplacing this mother elsewhere and holding the Sena liable for m nag«. However, the Sella than not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable conrml and without its fault of negligence, such acts of God, eels ofeivil or military authorities, govemmrntal priorities, Brien, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Phhrchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the doe of delivery shall be extended for the period equal to the time actually last by reason ofthc delay. ).WARRANTY. The Seller warow s that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ruwre. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be, pmwdbed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goad furnished hereunder (acceptance not to be wrcasowbly delayed), resulting from imperfect or defective were done or materials doweled by the Seller. Acceptance or tau of goods by the Parchment shall ant constitute a waiver of any claim under this warranty. Except to otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately wised by the breach of any of me foregoing warrandies or guarantees, but such liability shall in an event include loss of profits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES INLEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The I'mchma may ..it. any changes to the terms, other than legal team including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal ar written change order If any such change effects the amount due or the fine of,ex-m nonce hereunder, in equitable adjustment shall be made. 6. TERMINATIONS. Ile Perfumer may at any time by written change order, termime, this agrtemem « to any or all portions of the goad then not shipped, subject o any apuilable adjustment between the parties in 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 portion of the good andsor work, for incidental or consequential damsges, and thin coo such adjuswent be made in favor of the Seller with respect marry goads which art the Sellers standard stock. No such eemtintam shall relieve the Purchaser or the Seller of any i fthev obligations «many goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim fin adjustment most be treated within thirty (30) does from the date the change or orientation is oadcred. R COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumish d in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be new,wrared in agreements of this chammer are hereby incorporated herein by Nis reference. The Seller ogre« to indemnity and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written ami of the older parry. 10. TITLE. The Seller warrants full, clear and wrestaict, fife to the PumM1ner for all cquipmene, materials, and items Broadhead in performance of this it ra men4 free and clan of any and all liens, r«ui,oes, reservations, security interest encembeem. and claims airlines. The Sella shall main the Purchaser and its rearradwas of any net from all liability and claims of any revere resulting fmm the pert ceofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, of rers and employees of such party. The Seller's continental obligations, including warranty, shall not he dam, to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to use any design, device, mmenal or process covered by letter, patent, trademark r copyright, the Seller sholl indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the tau of such patented design, device, material or process in connection with the command, and shall indemnify the PurcM1ua far any cast, expense or damage which it may be obliged In pay by reason of fuch infringement a any trw during the prosecmion or after the completion of the work. In case said equipment, or any pot thereof or do, intended use of the goods, is in such suit held to consomme refrainment and the use of laid equipment or part is enjoined, the Seller shall, at its own espe. and al its option, either pros m far the Purchaser the night m academe using said equipment or parts, explore the more with substantially equal but nmmdnegeg apartment, or modify it se, it becomes wninfringing. IS. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the tariff of cefi imrs, appoint a receiver or .1. for arty of the Sellers pmizacy or business, Nis order may forthwith be wattled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be coanwed under and governed by the laws of the Sum ofColmme, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Represenlative(s), on the premises ofolhers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk anvil the same is Polly completed and accepted, and shall, in me of any accident d«tmcuon or injury to the week andsor materials be( Sellers awl completion and acceptance, comptan the work of Sellers own expetue and la the satisfaction of the Purehasn. When namerid, and equipment are finished by others fin installation or tactics by the Sena, the Sella shall receive, unload store and handle same at the site and baome responsible therefor as though such materials and/or apopmmt were being fwdbed "it Seller under rose order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers co ,an ation, including occupational thin. benefits, to its employees employed oa or in connection with the work covered by this pashas, order, and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also any, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with badly inlnry and death limits of at lead E3W,a00 for any one Person, 5500,000 for any one occident and property damage limit per accident of $400,000. The Seller shall likewise acquire his arrawanes, if any, rc pfi vid, for such compensation and insurance. Before any of the Sellers or his commerce, employees shall do any work upon the premises of others, the Seller shall Sarni the purchaser with a certificate that such compensation and insurance have been provided Such cenificat« shall specify the date when such omcemation and inumnce have been provided. Such certificates shall specify the date when such nonfeasance and insurance expires. The Seller agrees that such compensation and insurance shall be maintain, until after Ire entire work is compined and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass «ere rntire.spomibility and liabilityfor any and of damage, loss or injury ofany kind car wort whatsoever to persons or pmpeny caused by or resulting fmm the execution of the work provided for e this purchase order or in nwectio , herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and cmfhoyces from and a%varm any and all claims, lass«, damages, clowl or expenses, wfiemer direct or indir«v, and whahn eo persons me proprny to which the Ponhaser may Ise put or subject by reason of any on, ration, eagles, omission or default on the poor of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents m employees. In am any suit or other proceedings shall be brought almost the Purchaser, or its officers, agent or employees at any time on account or by reason of any an, action, neglect omission or default of the Sella of any of has contractors or any of its or their officers, agents or employees as afamesid, the Sella hereby agrees fro assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cases, charges, ahomeys fees and other npen.s, any and all judgments feet may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained agate] the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or whawi.. The Seller and his contractors shall take all safety precaution, furnish ad install all guards eta., for the prevalion of accidents, comply with all laws and regularizes with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rates and regulation issued pursuant therein. Revised 012014