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HomeMy WebLinkAbout130892 LARIMER COUNTY - PURCHASE ORDER - 3215238PURCHASE ORDER PO Number Page C117/ of PURCHASE 15238 ' of z ' `tCollins/ his number must packing ` V 1 1 on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 130892 Ship To: WATER UTILITIES LARIMER COUNTY CITY OF FORT COLLINS ATTN: LINDA SANDERS 700 WOOD ST PO BOX 1190 FORT COLLINS CO 80521 FORT COLLINS CO 80522 Delivery Date: 01/12/2015 Buyer: 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 Ordered UOM Unit Price Extended Price 2015 Blanket Order 1 LOT LS 100,000.00 Stormwater Fees Pay terms net 30 days Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $6000 unless signed by Gerry S. Paul City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Condition s Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (For Colorado Revised Statutes 1993, Chapter 39.26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of damage in traruit, may be resumed in you for credit and are ant as be replaced except upon receipt of wrinen irdinter its from the City of Fort Collins. Inspection. ❑ODDS are subjectm the Ciry of Fort Collins inspecdoa m anvil. Final Acceptance. Receipt of she merchandise, smices or equipment in response to Nis order can result is aothmieed payment on the pan of the City of Fon Collins. Howeve, n is to be understood Mat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Trans. Shipments most be F.O B., City of Fell Collins, 750 Wood St, Fell Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for picking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is apected from the nearest disidbution point to dmMution, and excess freight will be deducted from Invoice when shipments are made from greater Mstance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, tenter, or political subdivision where the work is pedonmed, or required by any other duly constituted public in thonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and loss rzed by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles incurred nd mi mbements. Authonmtion. All parties to this contract agree that Me «presehnatives are, in fact, Was ride and possess full and complete auModty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stored herein set forth and my supplementary or additional toms and conditions annexed herein or incorporated herein by reference. Any additional or diffment terms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery dam as noted. Time is of the essence. Delivery and performance most be effected within the time stated on she purchase order and the documents anazhed hereto. No acts of the Purchasers including, without limit....., acceptance of partial are deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition so other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However she Seller shall nor he liable for damages as a result of delays due in comes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligend, such ace of God am of civil or military authorities, governmental pnonues, fires, strikes, food ryidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when Me Seller first received knowledge therm( In the event of my such delay. Me date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform wish mplicable 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 standard for work of a similar nature. The Seller agrees to hold the purchaser hvmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmly The Seller shall replace, repair or make god, without cost to the purchaser my defer, or faults wising within one (1) year or within such longer period of time u may be proscribed by law or by the terms of any applicable wurrunry provided by the Seller after Me date of acceptmee of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furbished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability heremder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal arms by venom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes in the terms. other that legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbd or wriden change order. If my such change affects the amount due or the time of performance hereunder, an equitable cut uslment shill be made. 6. TERMINATIONS. The Purchaser may at any time by wromen change order, beramnale this agreement as to my or all portions of me god then not shipped, subject to my rywtable adjustment berwedh the parties as to my work or nationals dim in progress provided Nat the Purchaser shall not be liable for my claims for anticipated profs on the uncompleted pamon of the goods and/or work, for mcidrnaal or onsequentid damages, and Mat no such adjustment he made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to my good delivered heremder. ]. CLAIMS FOR ADIUSTMENT. Any claim for adjustment mud be asserted within thin, (30) days from the time the charge or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrmw that all goods sold hereunder shill have born produced sold, delivered and furnished in sariet omplimtt with all applicable laws and regulations to which the goad are subject The Seller shill execute and deliver such documwns as may br required m effm or evidence compliance. All laws and regulations required ta be ncopodred in agreements of this character are hereby incorpomaed herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser as a resull of the Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry shill assign, transfer, or convey this order, or my monies due or ad become due hereunder without Me prior wtimen consent of the other patty. 10. TITLE. The Seller window full, clear and coresdicaed title to the Purchaser for all equipment, materials, and Lames famished in pedcammbe of this agreement, free and clear of my and all lies, restrictions, reservations, second, interest mcumbnan. and claims of others. 11. NONWANER. Failure of the Purchaser to insist upon stria performance of the terms and conditions harm( fail we or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, an each the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the war arr ias or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance wrof or any of its rights or remedies as many such gods, regardless of when shipped received or accepted, as t. my prior or subsequent def ndi hereunder, or shall any poryoned oral modification or rescission of this purchase order by the Purchaser membe res a waiver of my of the terms hero(. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic produce, overcharges resulting from comment violations are in fact home by Me Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or some mounted laws for such overcharges relating to Me particular goods or services purchased or enquired by the Purchaser pursuant to this purchase order. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to mom nonconforming or defective goad by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse the work to be performed by the most expeditious means available to it and the Seller shall pay all oats awasiated with such work. The Seller shall relearn the Purchaser and its contractors of any tier from all liability and claims of and, nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dine ens. officers and employees of such parry. The Sellers contravened obligations, including warranty, shill am be deemed ad b< reduced, in my way, because such walk is pefotmM or caused ro be perfalmod by the Purchaser. 14, PATENTS. Whenever the Seller is required to use my design, device, material or process covered by lader, paten, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, marodal or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or alter the completion of the work. In case said equipment, or my pm thereof or the intended me of the goods, is in such suit held to contracts infringement and the use of said equipment or pan is enjoined, the Seller shill, at its own expense and 9 its cpdo, litter prove for the Purchaser the right to continue using said equipment or pace, replace the same with substantially equal bus noninftinging equipment or modify it m it becomes oninGnging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the bereft of creditors, appoint a receiver or movie, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitions of terms good or the interpretation of the agreement and the right of all parties hereunder shall be construed miler and governed by the laws of the State of Colorado. USA. The following Additional Coadi Tars apply only in case where the Seller is to perform work hereunder. including the centres of Sellers Repreuntasivejs), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unlit Me same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers find completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When numnids and equipment are famished by others for installation or erection by the Seller, she Seller slid receive, unload, store and handle same a the site and become responsible therefor u though such marends and/or equipment ware bring fumishM by the Seller ender the order. 18. INSURANCE. The Seller shall, at his own expense, provide for Me payment of warkers omcertmion, including occupaumtd disease bmef x, to it employees employed on or in connected with the work covered by this purchase .rder, and/or to their depmdmts in accordance with the laws of the some in which the work is to be done. The Seller shall also can, comprehensive general liability including, but not brown in, contractud and automobile public liability insurance with bodily injury and death limits of at least $300,0W for any one person, 35M,000 for my one accident and property damage limit per accident .f S400,000. The Seller shall Iikewi5e require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall humid the Purchaser with a cettif cote that such compermtion and insurance have been provided. Such cerdfcates shall specify the date when such compensation and inswmce have been provided. Such cenif antes shall specify the data whin such compm5ation and insurance expie. The Seller agrees that such ompematim and imso once shall be maintained mul after the attire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibi It, and liability for any and all damage, loss or injury of my kind or nature whawoever 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 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 Persons or property to which the Purchaser may be put or subject by reason of my act action, neglect omission or defbult on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employes. In case any suit or other proceedings shall be brought against the Pwcharm, or its officers, agent or employe.. my time on acmma or by to. of my a4 action, .eglmt. omission or defaWt of the Seller of my of his coatruinrs or my of its or their officers, agent or employees as aforesaid, the Seller hereby agrees ad assume the defense thereof and an defend the same at the Sellers oven expense, to pay my and all costs, charges, a.omeys fees and other expenses, my and all judgment Mat 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 ewe judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or m a result of such suits or older proceedings, the Seller will at once cause the same as be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all miry precautions, fomish and install all guard necessary, for the prevention of accidents, comply with all laws and reputations with regard to safety including, but without limimtioo, the Occupational Safer, and Health Act of 1970 and dl roles and regulations issued pursuant thereto. Revised 072014