HomeMy WebLinkAbout104282 NORTH FRONT RANGE WATER QUALITY - PURCHASE ORDER - 9150356Fort Collins
Date: 01/15/2015
PURCHASE ORDER
PO Number Page
9150356 11of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 104282 Ship To: WATER UTILITIES
NORTH FRONT RANGE WATER QUALITY CITY OF FORT COLLINS
PLANNING ASSOCIATION 700 WOOD ST
500 E 3RD ST FORT COLLINS CO 80521
LOVELAND CO 80537-5773
Delivery Date: 01/15/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
DUES & SUBSCRIPTION SERVICES
2015 MEMBERSHIP DUES
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
28,188.00
1
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
I. COMMERCIAL DETAILS.
Tax coarmune. By one the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
11. NON WAIVER.
98 N502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of
Fail,,, of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smata 1973, Chapter 39-26, 114 (a),
exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the acceptance ofor payment fin goods hereunder or approval of me design, shall our release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wamaufties or obligations of this Purchase coder ad sail tot ha demand a waiver of my eight of the
damage in transit, may be returned to yen for craft and art not to be replaced except upon receipt of wmorm
purchaser 1. insist upon sfm performance hereofor any of its rights or remedies as to any such goods, regardless
instmctinns from the City of Pon Collins.
of when shipped, received or accepted, as to my prior or subsequent default hereunder, we shall any purported
oml modification or rescission of this purchase offer by the Purchmer operte as a waiver of my of Be, temp
Inspection. GOODS are sajoel to the City of Fart Collins bugaboo on arrival.
hcrtuf.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collim. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting train wi itrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations, are in fact home by the Pachmer. Theretmose,nforr good cause and as consideration for executing this
purchase offer, the Seller hereby residues to the Ptmlaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 9W Wood Sr, Fort Collins, CO 80522, unless
acquired under federal or state antiumt laws for such overcharges elating to the particular goods or services
Otherwise specified on this ode,. Upermission is given to prepay freight and charge separately, the Original freight
purchased or acquired by the Parchaer pursuant to this purchase order.
bill must accomnanv invoice. Additional charges for auction, will not be accented.
Shipment Divorce. Where manufacturers have distributing Points in various Parts of the contrary, shipment is
expected from the nearest distribution holm to daunwim, and esters fight will be kdactM from Invoice when
shipments are made fmm grema distance.
Permits. Seller shall prows at sellers sole cast all necessary permits, certifiares east licema rtquired by all
applicable laws, Mundane, ordinances and roles of she rote, municipality, lean, or pollficed subdivision where
the work is performed, or required by any Other duly constiated public summit, having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Ten Collins armless from and against all liability and loss
tired by ahem by reason of an aaaimed or csiblished violation of any such laws, regulations, ordinances, roles
and rcquir ants.
Authoritarian All parties to this contmc, agree this the represmtmiva art, in fat, bona fide and possess full and
complete authority a bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .,,it
herein set form and my supplementary or additional terms and conditions annexed hereto or incorporated herein by
onemnce. Any additional ar difRrent termer and conditions proposed by seller sere objaat J a and hooray rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to serve on your
promised delivery date as ..led, Time is of the asenee. Delivery and performance mint he enacted within the time
stood an the purchase of and the documents atembal hereto. No acts of due Purchasers including, without
limitation, acesPance of partial late deliveries, shall operate in a waiver onhis provision. In the event of any delay,
the Purchaser shall have, in addition fa offer legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. I lowevea ode Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which we beyond its rassawba control and without its bath of negligence,
such acts of God, ram of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or
riots provided that notice of la conditions causing such delay is given to the Fumhasm within five (5) days of fhe
time when the Seller Lost received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal a the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this offer will conform with applicable
drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of are and competence in accordance with accepted standards for work of a
similar Rare. The Seller agrees 10 hold the purchaser armless fmm my loss, damage or expense which de
purchaser may suffer or incur on account of the Sellers breach afwamate, The Seller sall replace, repair or nuke
good, without cost to the pumaseq any defects m faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable ware my provided by the Seller net the data of
acceptance of the goads famished hereander (acceptance not a be unrawnably delayed), resulting from imperfect
Or defective work time or materials furnished by the Sells,. Acceptance w use of cards by the Pumhmer shall Out
omtitum a waiver of my claim under this wervanry. Except m otherwise provided in Nis purchase order, the Sellers
liability hereunder shall extend a all damages proximately caused by the beach of any of the foregoing wtwomia
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRAN rY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes t. legal enm by written change oMe,.
5. CHANGES IN COMMERCIAL TERMS.
The Puealmi may make any changcs to me ems, other fan legal terms, including additions to w deletions (ram
me quamili- originally arched in be specifcatione or drawings, by verbal or —or- change oNec If any such
Orange effects the amount due or the time ofpeffotmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change aide,, temmia Iris agreement as to my w all lonam of to
goods ten not shipped, sobjta to any equitable adjustment befecen the panic as to any work or mmcaiah then in
Progress provided tat me Forebears shall not he liable for any claims for anticipated profits on the uncompleted
portion of the goods maker work, for incidental or consequential damages, and that no such adjustment be made in
favor of me Seger with respect to any goods which ow the Sellers sun lad stock. No such lerminumm shall relieve
the Forebear or to Sella ofray ofineu obligations as to any goads delivered hammer.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLJANCE WITH LAW.
The Seller warrants mat all goods sold hereunder shall have been produced, sold, delivrred and famished in str iel
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall exams and
deliver such documents az may be required to effect in evidence compliance. All laws and regulations required a he
ncorpomted in agreements of met almoner eR hereby incorporated herein by this reference. The Seller agrees to
indemnify and held the Purchaser amaless fmm all costs and damages sumerd by the purchaser as a result of the
Sellers failure to comply wins such law.
9. ASSIGNMENT.
Neither party shall sssign, transfca or convey this order, or any movies due or an become due hereunder without the
prim wrinen consent of the other parry.
10. TITLE.
The Sella warrants full, clear and unrestricted title to due Purchaser for all equipment, materials, and items famished
in performance of met aPfearraw. f and clear of any and all has, restrictions, reservations, security intend
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to wmen nonennfib ming or defective goods by a dine to IN, agreed upon by ft
Purchaser and the Sella, and the Seller manager indicates its inabiliry or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
corns associated with such work.
The Seller shell release the Purchaser will its contractors of my tier floor all liability and claims or my nature
resulting fmm the perfommnce.(such work.
This release shall apply even in the event of fault of negligence of the party releazed and shall extend to the
directors, officers and employees of such pony.
The Sellefs contractual obligation, including wananry, shall not be deemed to be reduced, in any way, because
such work is Performed Or caused to be performed by the Purchaser.
14. PATENTS.
Whenevar the Sella u required to use any design, device, material w process coved by Inver, patent, trademark
or copyright, the Seller shall indemnify and save hamlas the Parches, from any and all claims for infringernal
by reason of ode use of such parented design, device, material or process in correction with me contmcr, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by Mason of such
infringement at any time during the pmsaution or after the completion of the work. In case said ryuipment, her
any pan thereof or the inanded use of the good, is in such sell held to consume infringement and the use of
said equipment or Part is enjaind, the Seller shall, at its own expense and at its option, either procure fin the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
ra ninGnging equipment, or modify it se it becomes tmninfn'nging.
15. INSOLVENCY.
If rise Seller shall become ines.Went or bankrupt, make an assignment for the benefit of creditors, appoint a
metier, w trustee for any of the Sellers property or business, this Order may forthwith be anceiW by me
purchaser without liability.
16. GOVERNING LAW.
The debnitiom offers, major the inteRretation of the agreement mad to rights.f all parties heeunde shall ba
constwd under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only m rasa ware the Seller is to perfmm work hereunder,
including the arnica of Sellers Rryeunitive(s), writhe premises ofothems.
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Seller's own risk will the same 6 fully completed and accepted, and shall,
in u of my accident, destruction or injury to le work maker mstdals before Sellds fiwl completion and
acceptance, complete due work at Settees own expense and to ode immigration of We purchaser. When marerials
and equipment ere famished by others for installation or erection by the Sella, the Seller shall receive. unload,
store and handle same at the site and became responsible therefor as though such materials nonfat equipment
were being fumishd by the Seller under the order.
18. INSURANCE
no Seller shall, ar 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 covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, communal and automobile public
liability imunne. x'ith baddy injury aM death limits of in least S300,000 for any one person, 5500,000 far any
e accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, to provide for such compensation and Insurance, Before tiny of the Sellers or his contractors
employees shall do any work upon the premises of miters, thSeller shall furnish the Puchaer with a certificate
that such compensation and insurance have been provided. Such cemlicates shall specify the dine when such
compensation and insurance have been prosidd. Such cenifiata shall specify the date when such compensation
and assonance expires. The Sella agrees that such compensation and insurance shall he maintained until after the
entire .,it is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability far any and all damage, loss or may, of my kind
or nature whosoever to persons or pmpery, caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold armless the Purchaser and any
w all of me Purchasers .Ricers, agems and employees fmm and agmist any and all claims, loss, damages.
charges or expenses, whether direct or indirecl, and whether to persons or property to which me Purchaser may
be Put or subject by answn of any act action, neglect, omission or default on me pan of me Sella, any of his
.mmdors, or any of the Sellers or contruclom officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchases or its officers, agents or employees at any time on account or
by reason of any sect, action, neglect, omission or default of the Seller of my of his contractors her any of is her
they oicers, agens or employees as aforesaid, the Seller hereby agrees to assume du defense therauf and to
defend lie same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and Omer expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or Omer proceedings, and in eau judgment or other lien be placed upon or
obtained against me prepay, of the Purchaser, or said parties in or as a result of such suits or outer proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or omerevise. The Seller and
his contractors shall take all safety precautions, British and install all guards necessary for are prevention of
accidents, comply with all laws and regulations with regard to safety including, bur without limitation, me
Occupational Safety and Healer Act of PUO and all rules and regulations issued pursuant thereto.
Revised G7n014