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HomeMy WebLinkAbout492242 COLORADO WATER INNOVATION CLUSTER - PURCHASE ORDER - 9150743PO PURCHASE ORDER 915074er Page CI�/ of PURCHASE 9150743 ' °'z F/' rt ( ottins This number must packing /�„!-\V`I ` V �7 on all invoices, packing sli s and labels. Date: 02/02/2015 Vendor: 492242 COLORADO WATER INNOVATION CLUSTER 320 E VINE DR SUITE 323 FORT COLLINS CO 80524 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 02/02/2015 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 CWIC Support 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.wnn LOT LS 5,000.00 Total 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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is H. NONWAIVER. 98-04502. Federal Excise Tax Exemption Creiflcate of Registry 84-6000582 is rag narnd with the Collector of Failure of the Purchaser to insist upon strict perf namere of the terms and conditions hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Satmes 1973, Chapter 3946, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval of fie design, shall not reform the Seller of Goad R japed. GOODS RF CTED due to failure to marl specifications, either when shipped or due to defecta of any of the wamenai6 or obligations of this Forchaa oada and shall aunt be deemed a water' of any no, of the damage in vamih may be resumed to You for credit and arc not to be replaced except upon receipt of wnnen purchaser to insist upon strict performance hamfor my of its rights or remedies ns to my such goods, regmdless imtmaions form the City appeal Collins. of when shipped, received or acepted, ns to any poor or subsequent default hereuMeq nor shall my proclaimed oral modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment m response to this order can result in au lamizN payment on the pen of the City of Fon Collins. However, it is to be undersrood that FINAL ACCEPTANCE.is dependent upon camplaim ofall applicable required inspection pme daut. Freight Terms. Shipments most be TO City of Fort Collins, IN Wood St., Fort Collins, CO 80522, unless otherwise queried on this order. Upernission is given to prepay freight and charge s,pmmely, the original freight bill must accompany invoice. Additional charges for packing will hat be incepted. Shipment Distance. Where mamfinturers have distributing points in varrous pans of the country, shipment is expected from the nearest distribution Point to discussion, and excess height will be deducted form Invoice when shipments are made from greater th ance. Permits. Sena :halt procure at sellers sole cost all necessary permits, cenifcater and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, tertitory or Political subdivision where the work is Performed, or motairal by any other duly constietted public anthonty having jurisdiction over the work of vend., Seller fbmher agrees to hold the City of For. Collins manatees from and against all liability and loss incurred by them by rean of an asscned or established violation of any such laws, regulations, ordinances, rules and sorequirements. Authorization. All Ivnm to this annual agree than the reprcsenutives are, in fact, ham fide and possess full and comple , anthonty to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits accep,ce to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any mhliiimal or different mans and conditions proposed by seller me objected to and hereby jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AG17NT immediately if you cannot make complete shipment to arrive oa your promised delivery date as noted. Time is of fe isomer. Delivery and Forbearance most be efl cted within the time sated on the purchase order and the documents attached hereto. No sea of the Purchasers including, without limlu use, acceptance .f partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for deranges. 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 Gad, rots ofcivil or military authorities, governmental priorities, fires, strikes. Road, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of she time when the Seller fin arrived knowledge therm[ In the event of any such delay, the date of delivery shall be extended for the pound report to the time actually lost by reason orthe delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, spedfcallons, samples anmor other descriptions given, will be fat for the purposes intended, end 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 hamtleas from any loss, damage or expense which the Purchaser may suffer m incur on account of the Sellers breach of., The Seller shall replace, repair or make good, without cost to the parehaser, any defects or faults arising within one (1) year or within such longer period of time as maybe proscribed by law or by the terms of my applicable summary provided by the Seller after the dte of acceptance of the goods Football hereunder (mceptance not to be mtrmsonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grad by the Purchaser shall not constitute a waiver of any claim under this warmnne. Except as mherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties a guarantees, but such liability shall in no event include loss of profs or loss of use NO IMPLIED WARRANTY OR MERCHAM'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes re legal reins by went. change under 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than toga[ terms, including additions to of deletions from the quartums originally ordered in the slxcifcauters or drawings, by verbal or written change order . If any such change affects the amount due an the time of performance hereunder, an equitable adjustment shall be made. 6. TERFBNATIONS. The Purchaser may at any time by written change oadeq terminate this imeemrnt ns to any or all portions of the goods then not snipped, subject to any equitable adjustment hoween the panics as an any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated pro et on the unwntpleted portion of the goods anmor work, for incidental or consequential damages, and that no such adjustment be made in over of the Seller with respaua any goad which are the Sellers standard stock. No such termination shall relieve the purcha.' or the Sale, of any either, obligations as ao any goats dear rood hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed wagon thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wanents that ell good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella shall execute and deliver such documents as may be eeepuired 1. offer, m evidence compliance. All Imes and eeguladens refined to be incorporated in agreements of this chamaer on, hereby maerlw rated herein by this reference. The Seller agrtes to indemnify and hold the Purchaser harrnlcss from all costs and damages suffered by thc Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without fe poor written cement of the omen pray. 10. TITLE. The Seller warren s full, clear and frou striaed till, to the Purchasere for all equipment, materials, sad items famished in performance of this agreement, face and clear of any and all liens, conviction, reservations, souring interest encumbrences and claims of ofers. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognare Nat in actual answered, practice, overcharges resulting from moment violations arc in fact home by fie Purchaser. Theretofore, for good muse and as consideration for executing this purchase order, the Sella hereby assigns m the Purchaser any, and all claims it may now have or hereaner acquired under fedml on sure an,amsst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to His parchew under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Emanate directs the Sella to correct nonconforming or defective good by a data to be agreed upon by the Professor and the Sella, and the Seller theteafter indicates its inability or unwillingness to comply, the Purchaser may put the work to be perrarmed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall rclowe the Perchance and its contractors of any tier from all liability end claims of any mture resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pany relasol and Shull extend to the directors, effects and employees of such party. The Sellers comments] althpatimen, including warranty, shall not be doemed to W reduced, in my way, because such work u performed or caused to be performed by the Puchain. 14. PATENTS. Whenec'the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save hamiless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumhaar for any cost expense or domage which it may be obliged to pay by reason of such infringement st any time during the prosecmion or after the completion of the wink. In cam said equipment, or any pan thereof or the intended ree of the good, is in such and held in constitute Infre ascent and the use of said equipment or pan is enjoined, the Sella shall, an its own expense and at its option, dither procure far the Purchaser the eight to continue using said equipment or pans, replace the same with substantially equal but noninfroging equipment, or modify it m it becomes nomnfnging. 15. INSOLVENCY. If the Seller shall become insolvent a, harfmpL make m assignment fin the benefit of creditors, appoint a or We for any of the Sellers progeny or business, His under may forthwnh be canceled by the purchaser without liability. 16. GOVERNING LAW. The defniti.ns ofterms osN or the imerpretauon of the agreement and the rights of all ponies hereunder shall be caostered under and Invented 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 s issues of Sellers Representranans), on the premises ofmhem. 12. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers rum risk until the same is fully completed and accepted, and shall, in case of my accident, distinction or injury to the work andmr matmals before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by fe Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor res though such materials minor equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide fin the payment of weakers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, armor to their dependents in accordance with the laws of the sate in which the work is in be done. The Seller shall also carry comprehensive gone.[ liability including, but not limited to, command and automobile public liability insurance with bodily injury and death limits of as least S300,000 for my one person, $500,000 for any one modern end property damage limit per accidem of 5400,000. The Seller shall likewise require his connmetors, if my, he preside for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall Flemish the Purchaser with a cadficate Oats such compensation and insurance have been provided. Such cenaficales shall specify the date when such compensation and insurance have been provided. Such comftcates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibilily and liability far any and all damage, lass or injury of any kind at suture whatsoever in Foram or property caused by or resulting been the execution offer work Provided for m this purchase order in in connection herewith. The Sella will indemnify and hold heatless the Purchases and any r all of he Purchaers effects, agents and employees Gom and a,a., any and all claims. losses, damages, charges car expenses, whether dircd or indirect, and whether to persons or property no which the Purchaser may be put or subject by reason of any act, action, tioncel, omission or default on the part of the Seller, any of his contactors, or any of the Sellers or connectors officers, agents or employees. In case any suit or offer proceedings shall be brought against fie Purchaser, or its officers, agents or employees in any time on account or by maen of any act, action, mglect, omission or default of the Sella of my of his contractors or my of its or their olfoas, agents or employ., as of said, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my mad all COsm, charges, attorneys f and other expenses, my and all judgments that may be incurred by or obtained against fie Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or obaaned against the property athe Purchaser, or said parties in or as a result of such suits in other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or interstate. The Seller and his contractors shall take all safety precautions, fumuh and irmall all gaud naesmry for the prevention of accidents, comply with all laws and regulations with eegaN to safety including, but without limitation, fie Occulanoml Safety and H.If Act of 1920 and all rules and regulation issued qursuao, gram. Revised 07n014