HomeMy WebLinkAbout132433 EWING - PURCHASE ORDER - 3215207PO
PURCHASE ORDER 321520 Number Page
City of PURCHASE
3215207 1 of z
' `t Collins
I„C This number must appear
V ` , 1�7 on all invoices, packing
�slips and labels.
Date: 01/12/2015
Vendor: 132433 Ship To:
WATER UTILITIES
EWING
CITY OF FORT COLLINS
IRRIGATION PRODUCTS & INDUSTRIAL PLASTI
700 WOOD ST
900 SMITHFIELD DR #3
FORT COLLINS CO 80521
FORT COLLINS CO 80524
Delivery Date: 01/12/2015 Buver: PAT JOHNSON
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
i 2015 BLANKET ORDER
Irrigation & Landscape Product
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
10,000.00
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 2of2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. RONW AIVER.
984e502. Federal Excise Tax Exemption Centriate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser so insist upon or performance of the tam¢ and mndutom hereof, failure or delay m
Internal Revenue, Decoct, Colorado (Rd Colorado Revised Statutes 1973. Chapter 39-26, 114 (a)
exercise any rights or remedies provided herein or by law, failure to promptly noury rise Seller in the event 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 or failure to meet specification, either when shipped or due to defects of
any of the warranties or obligations of this pumhme order and shall not be deemed a waiver of any right of the
damage in transit, may be retumed to you for credit and are not to be replaced except upon receipt of wrinen
purchaser to insist upon unet performance hermfor any crisis priors or remedies in to any such goods, regardless
instructions from the City ifFors Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate n a waiver of any of the tams
Inspection. GOODS are subject to the City import Collins inmempon on onival.
heref
Final Acceptance. Receipt of the merchandise. umere, or equipment in response to this order ran result in
12. ASSIGNMENT OF ANTRRUSTCLALNS,
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize thaz in actual economic practice, overcharges resulting from motion
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures
violations are in fact from by the Purchaer. Therwoure, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 70) Wood St, Fort Collins. CO 80522. unless
acquired under federal or state aromatic laws for such overcharges relating to rise particular goods or services
otherwise specified on this order. Ifpemdssloo is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursamuo this purchae order,
bill most accompany invoice. Additional charges for packing w it not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dinmce. Where manufacturers have distributing points in vadom parts of a he country, shipment is
If the Purchaser direct the Seller m correct nonconforming or defective goods by a daze to be, agreed noon by she
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser
shipments are mMe from greater distance.
may came the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated wish such work.
Permits. Seller shall procure at sellers cote cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and cola of the sate, municipality, tenttory or political subdivision where
The Seller shall release the Purchaser and its contractors of any per from all liability and claims of any nature
the work is performed or required by any other duly commusted public authority, having jurisdiction over site work
resulting from she performance of such work.
of vendor. Seller rubber agrees m hold the City of Fort Collins harmless fmm and agalen all liability and loss
incurred by them by reason of an counted or established violation of any such laws, regulations, ordinances, rules
This release shall apply even in rise event of Each of negligence of the party released and shag extend to the
and requirements
dirmmrs, officers and employees writers parry.
Authentication. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LLNITATION OF TERNS. This Purchase Order expr¢dy limits acceptance to rise terms and conditions spied
herein set forth and any supplementary or additional terms and emissions annexed hereto or incorporated 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 date as noted. Time is of the assume. Delivery and performance most be effbmal within $e time
stated on the purchase order and rise documents attached hereto. No acts of rise Purchasers including, without
limitation,acceptanceofpaN latedeliwna,shilloperatenacowerofthisprowizon. In she eventofsay delay,
she Purchaser shall have, in addition to other legal and equimble remedies, the option of placing This order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, was of civil or military aurM1onams, governmental priorities, fires, strikes, Bond, epidemics, wars or
hots provided that notice of rise conditions causing such delay is given to the Purchaser within five (5) days of the
may what the Seller first received knowledge thereof. In the event of any such delay, she date of delivery shall be
extended for the Period equal to the time actually Ion by reason ofAa delay.
3. WARRANTY,
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions give, will be fit for the owayes intended, and
performed with the highest degree of care and competence in accordance with accepted nmdards for work of a
mtlar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or ceramic which the
Purdurser may suffer or incur on acnt couof the Sellers breach of warranty. The Seller shall replace, repair or make
goad withour war to rise purchaser, any defects or faults arising within one (1) year or within mud longer period of
time as may be presented by law or by the terms of any applicable wanmry provided by the Seller after rise time of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Puahmer shall not
constitute a waiver of my claim under this warrmry. Except m otherwise provided in this purchase order, rise Sellers
liability hereunder shall extend to all damages proximazely caused by the breach of my of the foregoing warm" ns
or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FINESS FOR PURPOSE SHALL APPLY.
q. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by winners change order
5. CHANGES IN COMMERCIAL TERMS.
The Pmchaur may make any changes to site tents, other than legal terms. including additions Or or deletions from
the qumtities originally ordered in the specifications or dosioup, by verbs or wrium change order. If my such
change affects the porous due or the time of Performmce herna des, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written charge order, terminate this agreement to to my or all portions of the
goods Men not shipped, subject to my equitable adjustment besween the parties at to my work or materials then in
progress provided thaz she Purchaser sal not be liable for my clamor for mticipri profits on rise uncompleted
portion of rite goods mNor work, for incidental or conseguentis damages, and that no such adjustment he made in
favor of the Seller with respect so any goods whirl are the Sellers upward stock. No mud termination zhsl relieve
the Purchaser or the Seller ofmy oftheir malign s as to my goods delivered hereunder.
p. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the chute or ¢rminadon is
ordered.
8. COMPLIANCE W ITH LAW.
The Seller wammts that all goods sold hereunder shall have been produced sold delivered and Finished in was
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents u may be minted m effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
Indemnify and hold the Purchaur remains from all casts and damages suffered by the Purchaser in a result of the
Sellers failure to comply with sad law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior wrinm consent ofthe other parry.
10 TITLE.
The Seller wmrmrs full, clear and morestdctnj tide m the Purchaser for all equipment materials, and items fumished
in performance of this assessment, free and clear of my and all Items, restimlions conservations, security interest
encumbrmces and claims efothers.
The Seller's contrmmal obligations, including warranty, shall not be deemed to be reduced, in any way, become
such work is Performed or caused to be performed by she Purchaser.
Iq. PATENTS.
Whenmor rise Seller is repoits to use any design, device, material or process covered by loner, patent trademark
or wpydgln, rise Seller shall indemnify and saw harmless rise Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or process in connection with the contract, and
Awl 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 wmpleaim of rise work. In two said equipment or
any pan thereof or the intended me of rise goods, is to such suit had or camrimte infringement and the we of
sad equipment or pan is enjoined, rim Seller shill, at in own expense and at its opium, either protons for she
Franchiser the right to continue using said equipment or pans, replace rise same with substantially equal but
nounfnnging equipment, or modify it so it becomes poninfnngtng.
15.INSOLVENCY.
If the Seller Awl become insolvent or bankrupt, make an assignment for rim benefit of conjurors, appoint a
receiver or aware for any of the Sellers property or business. Nis order may foMwith be canceled by she
purchase, without liabilirv.
16. GOVERNING LAW.
The definitions of terms used or the intemociation of the agreement and the ngbrs of all panics hereunder shall be
onsaed under and govemed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cues where rise Seller is to Perform work hereunder,
including the services of Sellers Represenuuvefs), on she premises of ushers.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to rite work and/or materids before Sellers final completion and
acceptance, complete the work as Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fumished by Others for installation or erection by she Seller, the Seller shall receive, unload.
store and handle same in she situ and become responsible therefor as though such materials and/or equipment
were being furnished by she Seller under the order.
18. INSURANCE.
The Seller shall, as his Own expense, provide for the payment of workers compensation, including occupational
disease benefits, m in employees employed on or in connection with rise work covered by this purchase order,
and/or to their dependents in accordance with the laws of the sure to which rise work is to be done. The Seller
shall also raery, comprdmove general liability including but not limited m, comm anal and ausonsuals public
liability income. wtdr bodily injury and death limits of at lean 1300,000 for any one person, S50u,00o for my
me accident and property damage limit Per azcidmr of gsO ,W The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premises of ethers, the Seller shall famish the Purchaser with a cmtifica s
that such compensation and insurance have been provided. Such suffcates shall specify the date when such
compensation and insurance have been provided. Such conufimtm shall specify the dare when such compensation
and wourmce exptres. The Seller agrees that such conservation and insurance shall be wino n d! mil after the
more work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sel let hereby msames the entire responsibility and Itebiliry for my and all damage, loss or injury of my kind
r narars whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pmchaver and my
or all of the Pitchman officers, agents and employeas fruit and against any and all claims, losss damages.
charges rr expenses, whether die. or inGrery and whether to persons or pmperry a whirl the Purchaser may
be pm or subject by reason of my act action, neglect omission or default on the pan of the Seller, my of his
contractors, or my of me Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shill be brought agvosnhe Purchaser, or its officers, agents or employees at my time m accept or
by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their oficers, agents or employees in aforesaid, the Seller hereby agrees as assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, auomeys fees and usher expenses,
my and all judgro men that may be incurred by or obtained against the Furchissen or my of in or their officer,
agents or employees in such suits or other proceedings, and in case judgment or other him be placed Tryon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other pmezdtngs,
the Seller will at once came the same to be dissolved and discharged by Giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations wish regard to safety including, but wiNom limitation, the
Occupational Safety and Health Act of 1970 and all palm and regulations issued pursumt thereat.
Revised 07r2014