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HomeMy WebLinkAbout315931 BIG THOMPSON WATERSHED FORUM - PURCHASE ORDER - 9150554Fort Collins PURCHASE ORDER PO Number Page 9150554 1of2 This number must appear on all invoices, packing sli s and labels. Date: 01/23/2015 Vendor: 315931 Ship To: WATER TREATMENT PLANT #2 BIG THOMPSON WATERSHED FORUM CITY OF FORT COLLINS 800 S TAFT AVE 4316 W LAPORTE AVE LOVELAND CO 80537 FORT COLLINS CO 80521 Delivery Date: 01/22/2015 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price - 1 2015 Big Thompson Watershed 1 LOT LS 36,182.00 Form (BTWF) Coop Program & US Geological Survey Joint Funding Agreement; Post Flood Monitoring z 2015 Big Thompson Watershed 1 LOT LS 10,000.00 Forum General Operations & USEPA Program 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 IF-YXIII] 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. COMMERCIAL DETAILS. Tax exemptions. By statute else City of Fort Collins it exempt Boom atam and lad mass. Our Exemption Number u 11. NONWAIVER. 98-(u1502. Federal Fame Tax Exemption Certifeme of Registry 84.6000587 is mgimem, with the Collector of Failure of the Purchaser to insist upon strict performance of the tams and anditions hereof, failure or delay to Insure) Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26,114 (a). eacreiu any rights or readies Provided herein in by law, failure to promptly notify IN, Sella in the event of a brush, the i cupmoce ¢for payment for goad hereunder or ".I of the do igq'ball not release the Sella of Goods Rejected. GOODS REIECfED due to failure to meet specifications, either when sNpped in due to defects of any of the uarmOIt. or obligations of this ptucame order W shall not be deemed a waiver of any fight of the damage in transit, may be remmed to you for credit and arc not to be replaced except upon receipt of written purchaser to beslsr upov stria performance hereof or any ofirs rights or remedies as to any such goods, regardless instructions from the City ofFort Collins. of when shipped, received or accepted, m to any prior or subsequent default heremnder, nor shall my purported oal modification ore rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS arc subject to rise City of Fart Collins inspection on social. hemaf. Final Acceptance. Receipt of the merchandise, servicesr equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthmited payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser mcognim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact boom by the Purchaser. Theretofore for pod cause and m consideration for executing this purchase order, rise Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7W Wood St., Fort Collins, CO 80522, unless acquired under federal or stem mtifpast laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purcisazer pumvmn to this purchase order, bill must accompany invoice. Additional troops for packing will or be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in various pans of the musty, shipment is I file Purchases directs me Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution powt to destination, and excaa (might will be deducted from Invoice when Purchaser and the Seller, ad me Sella thereafter indicates its inability or unwillingness to comply, the Purolator shipments are made, from greater distance. may muse the work to be performed by the meet expeditious meal available to it, and the Sella ahall gay all toss associmd with such work. Famous. Sella shall procure at serves sale cost all necacary permits, ttnificata and licasa required by all applicable laws, regain., und. and ales of the scum, municipality, temtory or political subdivision where The Sella shall release the Purchaser and in comsscmrs of any tier from all liability and claims of any ream e the work is Perforated, or required by my other duly consumed public authority having jurisdiction over the work resulting fro they mer of such work. of vendor. Seller further agrees to hold the City of Fen Collins hmmlem from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, mini um, ordinances, pales This release shall apply even in the event of fault of negligence of rime parry released and shall extend to the and requirements, directors, oRcas and employees of such piny. Aulhoriamion. All parries to this contract agree that the representatives ore, in fact, bona fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated retain set forth and any supplementary of additional terms and conditions annexed hereto or incorporated herein by reference. Any additional a different corms and conditions proposed by seller are objected to and batch, rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery, date as noted. Time is ofthe esserce. Delivery and perfotmmce mud be effected within the time stated on the purchase order and the doemnmts attached herem. No such of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operste u a waiver of this provision. In the went of any delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage is a result of delays due to mines not reasonably foreseeable which are beyond its wamwble control and without its fault of aegligetoe. such acs of God, acts ofeivil or military authorities, governmental priorities, fire; strikes, flood, epidemics, wars a rims provided that notice of the conditions mining inch delay is given to the Purchaser within five (5) days of thc time when the Seller first received knowledge thereof. In the event of any such delay, the rite of delivery shall be extended for the pond equal to the fire actually lost by reason offe 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 given, will be fit for the parposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may sufferer incur on account office Sellers breach er warranty. The Sella shall cerium, repair or make good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of time u maybe prescribed by law or by the tents of my applicable warranty provided by the Sella after the date of asammu a of the good famished hereunder (acceptarue not to be me axonably delayed), resulting from imperfmt a defective work done or mammals famished by the Sella. Acceptance or tie of goods by the Purchma shall net constitute a waiver ofary claim under this warranty. Except as otherwise provided in this purchase order, the Sell. liability hereunder shall extend to all damages proximately erased by the breach of my of the foregoing uananties or guampack but such liability shall in no evem include loss of of,. or loss of.. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal tams by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumba er may make any changes to the terms, other than legal terms, including additions to or deletions from the connote, originally ordered in the specifications or drawings, by veNal or wimen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by winners change order. marinate this agreement w to any or all portions of the good then not shipped, subject to any equitable adjustment between the panic as to my work or nationals then in progress provided that the Purchaser shill not be liable for any claims for anticipated poofis on the uncompleted ,onion of the guests and/or week, for incidental or consequential damages, and chat an such djudment be male in favor of the Sella with respect to any goods which are the Seders ammlad stock. No such mrmicauch shill relieve the Purehma or the Sella of my of then obligations u to any gaud delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, cold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation, required to be incorporated in agreements; of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from 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, tramish, or convey this order, or any monies due or to become due hereunder without the poor written consent of the he, putty. 10. TITLE. The Sella warrants Mi. clear and anrenricted title to the Purchaser for all equipment, matefals, and items burnished in perforename of this agreement, free and clear of my and all lieu, restrictions; reservations, security interest encwttbmnca and claims ofathers. The Seller's contractual obligations, including warranty, shall not be dttmed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller Is required to use any deign, device, material or Mass covered by Iona, patent, trademark or copyright, the Sella shall indemnify and save harmam the Purchaser from any and all claims for infringement by reason of rise use of such patented design, device, material or proress in connection with the contract, and shill indemnify rise Purchaser for tiny cost, expense or damage which it may be obliged to pay by rtamn of such infringement at my time during the prosecution at after the completion of the work. In cue mid equipment, or any Pan thereof or the intended use of the good, is in such suit held to cautimm infringement and the use of said egrip. or par is enjoined, tho Seller shall, at its coin espouse and at its opum, either, procure for the Purchaser the tight to continue using mid equipment or Pert; replace the same with substantially equal but restaur nging equipment, or modify it so it becomes novidHnging. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, ap,mot a receiver or trustee for any of the Sellers property or brain s, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnirims ¢fit. used or the interpretation mthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Representative('), on the premise f.Far,, 19. SELLERS RESPONSIBILITY. The, Seller shall carry on said work at Sellers own risk until the same is badly complaed and accepted, and shall, in se of my accident, destruction or injury in the work sad/m materials before Sellers firel completion and acceptarce, complete the work at Sellers awn expense and to the mtisfaction of the Purchaser. When materials and equipment are fiuoished by others for irsmllation or erection by the Sella, the Sella shall receive, unload, store aM handle same at the size and became responsible therefor as though such materials andlur equipment were being fi.hed by the Sella under the order. I S. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, W its employtts employed on or in monnecim with the work covered by this purchase major, surfer to their dependents he accordance with the laws of the stare in which the work is to be done The Seller shall arm carry comprehensive Formal liability including, but not limited m, continental and automobile public liability inui—ce with bodily injury and death limits of at don't $300,000 for any one person, $500,000 for any one accident and properly damage limit per accident of $400.000. The Seller shall likewise require his omma-a, if any, to provide for such mon,amomi and insurance Before any of the Sellers or his contractors employees suit do any work neon rise Premises of others, the Sella shall fwnish the Purcbaser with a certificate that such compensation and insurance have been provided Such cerificates shall specify the date when such compensation and mormnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and '¢.ante shall be maintained until after the entire wosk is eomplad and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hemby assumes the entire responsibility and liability for any and all damage. Imes or i Jury of any kind r nature whommes'or m persom or property caused by or resulting form the execution ofthe work provided for in this purchase odor ar f camecuon herewith. The Seller will indemnify rob hold homdas the Proclaim, and any or ell of the Purchoser, i fic., agents and employers from and agahst any ad all claims, losses, damages, charges or expense; whether direct or indirect, and wheeler th Famous or property to which the Purchaser may No put or subject by person of any act, action, neglect, omission m default on me pan of the Sella, any of Isis contractors, or my of the Sellers or contractors offrem, ages or employees. In case any suit or other proceedings suit be beought against the Purchaser, or its officers, agents or employees at any time on account or by came of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its ar their areas, agents or employees as aforesaid, the Seller hereby a rows to assume the defense thereof and to defend the same at Sellers own expense, to pay any and all casts, charges, anomeye f«s and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, ofthe Purehmer, 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 bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all giants necessary for the prevention of accidents, comply with all laws and regulations with rtgad to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued Forwent thereat. Revised 07R014