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HomeMy WebLinkAbout549935 FOURNIER ROBSON & ASSOCIATES LLC - PURCHASE ORDER - 9150436PO PURCHASE ORDER 915043er Page City. of 9750436 7of2 G6rt Collins This number must appear /,'`�_,J`-' on all invoices, packing sli s and labels. Date: 0111612015 Vendor: 549935 FOURNIER ROBSON & ASSOCIATES LLC 354 NORTH PRINCE ST LANCASTER PA17603 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 01/16/2015 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CIH OVERSIGHT 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.wrn 1 LOT EA 5,000.00 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 2 of 2 I. COMMERCW.DETAIIS. Tax exemptions. By =m a the City of Fan Collin is exempt From state and local coxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 844io00587 s registered with the Collector of Failure of the Purchaser to insist upon stria performance of r1a cords and condi en, hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamta 1973, Chapinet 39-26, 114 (a). exercise any rights or remedies Provided herein or by law, failure to promptly notify the Sella in the event offs beach, the mapanre ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecs of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may ho returned in you for rich, and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies in to any such goods, regardless instructions form the City of Fort Cullim. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. imhmued payment on the pan of the City of For Collins. However, n is to be understood that FINAL Sella and the Purchaser recognize that in actual ec uric practice, c .charger ranting form antitrust ACCEPTANCE isdepermdent upon completion ofall applicable reoced quired inspection pruarn. violmm iaare in fact home by the Purchater. Theremfsm,nfor good cause and a consideration for executing this purchase order, the Seller hereby assigns a the purchaser coy and all claims it may now have or handfler Freight Terror. Shipments most be F.O.B., Co, of Fan Collins, TOo Wood St., Pon Collins, CO 80522, unless rquoal wrier federal or sate mtltrnat laws fro such overcharges relating to the pmticular goods or services otherwise specified on this order. Upermission is given in prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant to this purchase ordm bill most accomoanv invoice. Additional chama for oackine will not be informed. Shipment Distance. Where manufacturers have distributing paints in arms parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made Rom grrter distance. Permits. Seller shall procure at sellers sale cost all necessary, permits, cmificales and licences inquired by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision when the work is performed, ar required by any ether it.1y constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and againat all liability and lass incurred by them by reason of ren asserted a room sha violation of any such laws, regulations, ordwnca, roles and requirements. Authoricatiom All pania m Otis comma agree that the rep rwa atives are, in fact bow fide and possess full end complete authority to biud said panic. LIMITATION OF TERMS. This Famhau Order expressly limits incepmme to the terms and conditions stated herein set fort and any supplementary or additional terms and conditions annexed hereto or uninformed herein by reference. Any additional or diRerent mars and conditions proposed by well, arc objected or and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complem shipment m amve oa your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stead on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purclsrser shall have, in addition to nth, legal as equitable r,nedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a fault of delays due to causes not nationality foreseeable which an beyond its reasonable control and without its fault of negligence, such acts of God, was afcivil a military autbori ill, go.final rumors, files, strikes. good, epidemic, wars or riots provided that notice or the conditions causing such delay is given to the Pumhastt within five (5) days of the time when the Seller! t received knowledge therea l In the runt of any such delay, Ore dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples midair other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which me Purchaser may softer or incur on account of Ore Sellers breach of wmmmy. The Seller shall replace, repair or make good, without cast to the purchaser, any defect or faults arising within one (1) year or within such longer peria of time a may be prseribcd by law or by the.. ofry applicable wartanty provided by din Sella an, the doe of scaptancc of the good famished hereunder (acceptance not to be unrensmably delayed), resulting from imperfect err defective work done or materials famished by the Seller. A¢epame or sex of goods by the Pureha shall oat constitute a waiver of any claim under this mammy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend or all damega pmximntely ¢ansM by the breach of any of the foregoing warranties a gwran cos, but such liability shall in no craft include loss ofMFU 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 to legal terms by written change order 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other Nan legal team including additions to or deletions from the quanlides originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amowt due or the time of performance hemwdet, an equitable adjustment shall be mad. 6. TERMINATIONS. The Purehaa may on any time by wriuen change order, terminate this agreement ns to any of all portions of ❑ e goods then cot shipped, subject to any equitable adjustment between the parties m to any work or materials then in progress provided Oat the Purchaser shall not In, liable for any claims for anticipated prams on the wcompleted portion of the goods andsor work, far incidental or consequential damages, and that no such mijusment be made in favor of the Seller with respect to any goods which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been produced, and, delivered and furnished in strict compliance with all applicable laws and regulations or which the goad are subject. The Sella shall exemm and deliver such document as may be requite to effect in evidence compliance. All laws and regulations respond m M incorporated in agreements of this character arc hereby incorporated herein by this reference. The Sella agree to indemnify and hold the Purchaser hamlets tram all cost and damages sulfated by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipments materials, and items famished in performance of this agreement, free and clear of any and of firm, restrictions, re,favatiom, security moment encumbrances and claims of.thers. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchasr may cause the work to be perfumed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the purchaser and its contrariness of any tier from all liability and claims of any nature ausing from the performance of,ufh work. This release shall apply even in the event of fault of negligence of the party released and shall extend b the directors, ofican and employees ofai ch parry. The Seller's contractwl obligations, including mammary, shall not be dammed to be rduced, in any way, bexa err such work is performed or coned to ho performed by the Purchases. 14, PATENTS. Whrnever the Seller is required to me any design, device, material or Excess covered by letter, poenL trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by raven of the use of such patented design, device, material or process in connection with the commit, and shall 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 completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sell, shall at am own expense and at its option, either pocure for the Purchaser the right of continue ruing said equipment or pans, replace the same with substantially equal but ...infringing equipment or modify it so it becomes wninfrmarn. 15. INSOLVENCY. If the Seller shall ben acne, insment or bvmkmpt, make an assignment for Ore benefit of rations, appoint a receiver ar trustee for any of the Scllcrs pmormy or bainms, this order may forthwith ho canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the int,ptowim ofthe agreement and the rights of all parties hereunder shall ho ronsmed under and governed by the laws of the Smte mColorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rrrasenative(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall cam on said wook at Seller's own risk until the same is fully completed and accepted, mud shall. in eve of any accident, damainum a injury to the work amdm commaials before Seller's foal complmw and accepmrim, complete the work al Sclla's own expense and to the satisfaction of the Purchas,. When materials cod equipment arc fumisbed by others for imallation or cream by the Sell,, the Seller shall fineive, refund, sore and handle scone or the site and became responsible therefor as though such mmctias ardor emipmrnt were being fiunished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to it employees employed on or in connection with the work covered by this purchase order, andsor 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. contractual and automobile public liability insurance with facility injury and death limits of at least S300 Ono for any one perso4 S500,000 for any one accident and pmpmy damage limit per occident of S400,000. The Sell, shall likewise require his contractors, Barry, to provide for such compensation and insurume. Before any affair Sellers or no contractors amployea shall do any work upon the premiss archers, the Sella shall famish the Purchss, with a certificate tart such compensation and insurance have been pmsided. Such moment. shall specify the date when such compeetmion and irssurame have been provided. Such more to shall specify the &fr when such enmpensatiw and insurance expires. The Seller agrees that such compensation and imumncc shall be crainained.61 offer the entire work is cmnpl,ed mad incrted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all dmage, loss of injury Of any kind or nature whatsoever to persons or Property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will Indemnity and hold harmless the Purchaser and any r all of the purchasers officers, agents and employees from and against any and all claims, losses, damgga, charges or expenses, whether direct or indirect, and whether m person or property to which the Purchmer may he put or subject by demon of any act, no.. neglat, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents of employees. In case any suit or other proceedings shall ho brought against rise Foreclosure, or it of5c ns, agents in employees at any time an mwwt or by frown of any ter, moon, neglect, omission at default of the Sella of any of his contractors or envy of its or their officers, age.* of employees as aforesaid, the Sell, hareby ogres to assume the def Tim theroof and in defend the same at the Sellers own expense, to pay any and ill costs, charges, mtomays fees and other amema, any and all Judgment Oat may be incurred by or obtained against the purchaser or any, of its or Weir officers, agent or employees in such mils or omm pmceediogs, and m cast judgment or other has be placed upon or obtained against the property of the Purchaser, or said parries in or as a reach of such suits or other proceedings, the Seller will at once faun the same to be dissolved and discharge by giving bond or otherwise. The Sella and his contractors shall eke all safety precautions, famish and install all guard necessary for the prevention of incidents, comply with all laws cod regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revises 07nOL4