HomeMy WebLinkAbout466410 ABI INC - PURCHASE ORDER - 9957430Date: 12/11 /2009
City of
F6rt Coltins
Page Number: 1
Purchase Order Number: 9957430
Delivery Date: 12/11/2009 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: PER QUOTE DATED 11/10/09 FOR MOYNO #ZG065G1-CDQ DRA PROGRESSIVE
CAVITY PUMP PARTS FOR DRAKE WASTE TREATMENT PLANT, FROM BRUCE KEMPTON.
PLEASE SHIP TO ATTN: MATT ZUBER CONTACT #(970)221-6900.
Line Qty/Units Description Extended Price
1 1 LOT
Per Quote for Moyno Parts
for ZG065G1 DRA Pump
2G065G1-CDQ DRA Progressive Cavity Pump parts. From Bruce Kampton at ABI See faxed copy to Purchasi
contact on the req is Mike Dersham x-6984
Total
\ S n"
City of Fort C inO Director of Purchasing and Risk Management
This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO
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
8,804.32
$8,804.32
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 30-26, 1 14 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of Written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on art ival.
Final Acceptance. Receipt ofthe nnerchandise, services m equipment in response to this order can result in authorized
payment on the port of the City of Foil Collins. Ilowever, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Foil Collins. 700 Wood tit.. Fort Collins, CO 80522, unless
otherwise specified on this order. Ifpernission is given to prepay freight and charge separ:uely. the original fieight bill
must accompany invoice. Additional charges for packing Will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is expected
If oat the nearest distribution point to destination, and excess freight will be deducted font Invoice when shipments are
made firm greater distance.
Permits. Seller shall procure at sellers sole cost all neeessmy permits, certificates and licenses required byull applicable
laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is
performed, of required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless from and against all hability:nd loss incurred by lhenaby
reason of in asserted or established violation of any such laws. regulations. ordinances, rules and requiremems.
Authorization. All parties to this contract agree that the representatives are. in fact. bona tide and possess till zinc]
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance lu the reins and conditions stated herein
set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference.
Any additional or different tents and conditions proposed by seller are objected tit and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. fit the event ofanydelay, the
Purchaser shall have, in addition to other legal and equitable remedies. the option ofplicing this order elsen•here and
holding the Seller liable for damages. However, the Seller shall not be liable findamages as a result of delays (file to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil m military authorities, governmental priorities. fires. strikes. Flood epidemics, wars or riots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof. In the event ofany such delay, the date ofdelivery shall be extended
for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform will applicable
drawings, specifications, samples and/or other descriptions given, will be fit lot the purposes intendc(L and perfi)lmed
With the highest degree ofcare and competence in accordance with accepted standards IN work ot'a similar nature.
The Seller agrees to hold the purchaser harniless Romany loss, damage or expense which the Purchaser may suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, avithout cost ur the
purchaser, any defects or faults arising within one( I) year or within such longer period of time as stay le prescribed by
law or by the terns of any applicable Warranty provided by the Seller afier the dale of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under this wmTanty. Except is otherwise provided in this purchase order. the Sellers liability hereunder shall
extend to ill damages proxinxrely caused by the breach of any ofthe foregoing wananties or eua"mnees, but such
liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4_CHANCES INLEGAL TERMS.
The Purchiser may make changes to legal tents by written change order.
5. CHANGES IN COMMERCIAL TERMS,
The Pinch,(, may make any changes to the terns, other than legal terns. including additions to m deletions fixnn the•
quantities originally ordered in the specifications or drawings by verbal or written change order. If any such change
affects the anunmt due or the time of performance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any tine by written change order, terminate this agreement as to any or all portions of the goods
then not shipped, subject to any equitable adjustment between the patties as to anv work or materials then in progress
provided that the Purchaser shall not be liable for any claints tot anticipated profits on fhc t ncompleted portion ofthe
goods and/or work, for incidental m consequential damages, and that no such adjustment Le made in favor ollhe Scllcr
with respect to my goods which are the Sellers standard stock. No such termination shed) relieve the Purchaser or the
Seller of my of their obligations as to any goods delivered hereunder.
7, CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fiona the tlnte the change or termination is ordetal
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict
compliance With all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
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.
If and only to the extent this [Agreement] constitutes a "sole source il—ol lent contract'• within fhe meaning of
Article XX V II I ofthe Colorado Constitution ("Article XXV I I I"). then the provisions of Section L5 of Article XX\'I I I
are hereby incorporated into this [Agreement]. In such a case. if the [C'onoactor] m any other person who is a
"contract holder" is defined in Section 2(4.5) of Article XXVI If intentionally violates Section I S or Section 17(2) of
Article XXVIII, then the [Contractor] igrees it shall be ineligible to hold any sole source government contract. or
public employment with the state of Colorado or any of its political subdivisions. tit thee•( years.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, or any monies due m to become due hercunder without the
prior written consent of the other party.
Io. TITLE.
The Seller tv:crams full. clear and unrestricted title to the Purchaser for all equipment, miterials,:ntd items furnished in
perlbrmnnee of this agreement, li ec and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure ofthe Purchaser to insist upon strict performance ofthe teens and conditions hereof, failure or delay to
excn:ise any rights or remedies provided herein or bylaw. Failure to promptly notify the Seller in the event of a breach.
the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the
o•a ranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon strict perlbrill nce hereof or anv of its rights or remedies as to any such goods. regardless of when shipped.
received art accepted as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase older by the Purchaser operate is a waiver of any of the temu hereof.
12. ASSIGNMENT OI' ANTITRUST CLAIMS.
Seiler and the Purchaser recognize that in actual economic practice overcharges resulting ti'om antionst violations are
in tact borne by the Purchaser. Theremtote, for good cause and as consideration for executing this purchaseorder, the
Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter acquired under federal or state
antic ust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser
pursu;mi to this purchase order.
13. PURC'IIASERS PERFORMANCE OF SELLERS OBLIGATIONS.
It the Nadia— directs the Seller to correct nonconlinming or defective goods by a dote to be agreed upon by the
I'urchaser:ad the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be performed by the most expeditious sterns available to it, and the Seller shall pay all costs
associated with such work.
]'Ile Scllcr shall release the Purchaser and its contractors ofany tier from ;all liability and claims ofany nature resulting
from the pedoinnance tit such work.
This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors.
officers and ennplovees ofsuch piny.
The Seller's contractual obligations. including winnnty. shall not bedeemed to be reduced, in any way, because such
work is pertornied or caused to be performed by the Purchaser.
14. PATENTS.
\Vheneeer the Seller is required to use any design, device. material or process covered by letter, patent, trademark or
copyright. the Seller shall indemnify and save harmless the Purchaser front any and all claims tot int ingentem by reason
ofthe use of such patented design, device. material or process in connection With the contract, and shall indemaifythe
Purchaser for any cost, expense m damage which it may be obliged to pay by resort ofsuch infringement at anytime
during the prosecution or after the completion ofthe work. In cse said equipollent, or any part thereof m the intended
use otthe goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment m pans, replace the same with substantiallyequil but non-inffinging equipment, or modify it so it becomes
non-infi inging.
15. INSOLVENCY.
It the Scllcr shall become insolvent or bankrupt.make tar assignment tin'the benefit of creditors. appoint a receiver or
Irn51Ce tier any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
hahilirv.
In. COVERNING LAW.
The delmitions of tents used or the interpretation ofthe agreement and the rights of -ill parties hereunder shall be
construed under and governed by the laws ofthe State of C'olmado, USA,
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s). on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carryon said work at Seller's own risk until the same is filly completed ind iccepted. and shall. in case
of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance,
connplew the work at Seller's own ey>ense and to the satisfaction ofthe Purchaser. When materials and equipment are
tarnished by others tier installation or erection by the Seller, the Seller shall receive, unload. store and handle same at
the site ;tad lecone responsible tiaerelm as thoueh such materials andVor equipment were being furnished bythe Seller
uncle. the order.
IS. INSURANCE.
'I"he Seller shall at 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 purchise order. and/orto their
dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and automobile public liability insmancew•ith
bodily injury and death linlits of at least $300.000 for any one person..$500,000 for any one accident and property
damage limit per accident of 1000.0t10_ The Seller shall likewise require• his contractoi s. if any, to provide for such
compensation and insurance. Belie e any of the Sellers or his cone ictors employees shall do any work upon the
premises of others, the Seller shall furnish the Pill chisel with a certificate that such compensation and insurance hive
been provided. Such certificates shall specify the date when such eontpensat ion and insurince have been provided -
Such cenificnes shaft specify the date when such compensation and insurance expires. The Seller agrees that such
canapensition and insurance shill be maintained ant it after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
'fhe Seller hereby assumes the entire responsibility and liability tot' any and all damage, loss or 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 m in connection herewith. The Seller will indemnify and hold harmless the Purchaser ind any or all of
the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or
expenses, Whether direct or indirect. and whether to persons or property to which the Purchaser maybeput or subject
by reason of any act. action. neglect. omission or default on the pin ofthe Seller. any of his contractors or any of the
Sellers or contractors officers. agents or employees. fit cise anysuit or order proceedings shall hebrought against the
I'mr'Chaser', or its officers. agents or employees it any time on account or by reason of any act,action, neglect. omission
or default ofthe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof ind to defend the saute at the Sellers own expense, to pay any and
all costs. charges. attorneys fees and other 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 other proceedings. and in case
judgment of other lien be placed upon or obtained against the properly of the Purchaser. or said parties in or as a result
ofsuch suits or other proceedings the Seller Will at once cause the same to be dissolved and discharged by giving bond
or.0--wise. Tine Seller and his contractors shill take all sifety precautions. furnish and install all guirds necessaryfin
the prevention of accidents. comply with all laws and regulations with regard to safety including. but Without
limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 0412000