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HomeMy WebLinkAbout109853 WATER CONTROL CORPORATION - PURCHASE ORDER - 9112516PO PURCHASE ORDER 911251er Page Clty Of9112516 1 of z `t CollinsChis number must appear 1 1�7 on all invoices, packing slips and labels. Date: 05/03/2011 Vendor: 109853 Ship To: WATER TREATMENT PLANT #2 WATER CONTROL CORPORATION CITY OF FORT COLLINS 2460 W 26TH AVE #215-C 4316 W LAPORTE AVE DENVER Colorado 80211-5359 FORT COLLINS Colorado 80521 Fay, "-►, , j).9 k4 PAn Delivery Date: 05/03/2011 Buyer: ED BONNETTE Note: PLEASE SHIP TO ATTN: JOHN WONG; CONTACT #(970)416-2763. SHIP TO: 4316 LAPORTE AVE, FORT COLLINS, CO BILL TO: PO BOX 580, FORT COLLINS, CO 80522 Line Description Quantity Ordered UOM Unit Price Extended Price t Part #913431-100 1 LOT LS 6,439.00 Please fax Purchase Order to the attention of Debby Patton at 303.477.1981 2 Part #915109 1 LOT LS 996.00 3 Part #820392 1 LOT LS 450.00 4 Shipping & Handling 1 LOT LS 200.00 Total $8.085.00 C3. O✓la.�s�2�C— City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 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'.snume the City of Pon Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-N502. Federal Exeisc Tax Exemption Cer ifiefoe of Registry 84-6000597 is mgislued with the Collector of Failure of the Purchaser to insist upon strict performance of the Icmts and conditions hemof. failure or delay to Internal Revenue, Denver. Colorado (ReL Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), cacromt any rights or remedies pmvidcd herein or by law, failure to pmmp0y notify the Seller in the went of a breach, the acceptance ofot payment for goods hcrcundcr 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 defects 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 be rcnimed to you for credit and arc not to be replaced except upon receipt Of written purchaser to insist upon strict performance hetrOf Or any Of its rights or mmedics as to any such goods. regardless instruction, from the City of Fort Collins of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandiu, services or equipment in mritnse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City Of Fact Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.U., City of Fort Collins, 700 Wood St. Fort Collins, CO 50522. unless acquired under federal at state antitrust laws for such overcharges rotating to the particular goods or services Otherwise specified on this order. If pcvnis,ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to (his purchase nrder. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaeaters have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfomuing or defective goods by a date m be agreed upon by (hc expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice w9mn Purchaser and the Seller, and the Seller Iherea Rcr indicates its inability or unwillingness to comply, the Purchaser shipments me made fmm greater distance, may cause the work to be perforncd by the most expeditious means available to it, and the Seller shall pay all costs associmed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state. municipality. territory or political subdivision where the work is performed. or 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 form and against all liability and loss incurred by them by reason craft asserted or established violation crony such laws, regulations, ordinances. rates and rcquimmcnts. Anlhantodion. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions purposed by seller arc objected to 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 of the essence. Delivery and perfomanec 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 ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes nut reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God. acts ofeivil or military authorities, governmental priorities, fums, strikes, flood, epidemics, wars Or riots provided that notice of the conditions causing such delay is given to the Parchi ttr within five (5) days of the time when the Seller first received knowledge thereof. In the even( of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller vvanum, 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 purposes intended, and Performed with the highest degree Of cam read competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the Purchaser harmless from any Ions, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of firm as may be pmscribed by law or by the terms of any applicable warranty provided by the Seller Once the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include Ins, of profits or Inn of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHA LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal Mors, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by "abal or .written change order. If any such change affects the amount due or the time off erfomamcc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the ,.it, then not shipped, subject to any equitable inj stment bmweco the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prufats on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to nny good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assented within thirty (30) days from the date the change ore termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goats sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such dauments as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character or hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser hnmilcss form all costs and damages suffered by the Purchaser as a result of the Sellers faihare to comply with such law. 9. ASSIGNMENT Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in perfnrmanee of this agreement, free and clear of any and all liens, restrictions, reservations. security, interest cncumbmnce, read claims of.thcrs. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the p rfomance afmch work. This release shall apply even in the event of fault of negligence of the party released and .shall extend to the directors, officers and employees of such party, The Scllcr's contractual obligations, including mmmnty. shall not be devoted to be reduced. in any way, because such work is performed or caused to be perfommd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Irtteu patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infingenent by reason of the use of such patented design, device material err process in connection with (he contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the pmseeution or after the completion of the work. In ease 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 Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but noninfringing equipment, Or modify use it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or hxnkmpt make an assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofrcmn used or the interpretation of the agrccmcn( and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe Slate ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr. including the services of Scllcrs Rcp¢sentativc(s), on the prcmiscs Mothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at gcllcr's own expense and to the satisfaction of the Purchaser, When mntcrials and equipment arc famished by others for installation or erection by the Seller. the Seller .shall receive. unload, store and handle same at the site and become responsible therefor as though such mntcrials and/or equipment were being furnished 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 its employees employed on or in connection with the work covered by this purchase enter, and/or to their dependents in accordance with the lams Offlu state in which the work is to be time. The Seller shall also carry comprehensive general liability including, but not limited In, comments] and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500.000 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall famish the Purchaser with a cenifiemc that such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after (lie entire work is compleled and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage. loss or injury ofmy kind or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold hxmdesx the Purchnscr and 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 prepeny to which the Purchaser may be put Or subject by maum of any net, action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its effacers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the 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 and In defend the same at the Scllcrs man expense, to pay any and all costs, Outages, attorneys fees and other csp,nees. .any and all judgments that many be incurred by or nbtaincd against the Purchnscr or any of its or their oficcm. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property abbe Purclaser, or said panics in or is 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 guard necessary for 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 Odes and regulations issued pursuant therein. Rcvieed 03/2010