HomeMy WebLinkAbout102517 GENERAL CHEMICAL CORP - PURCHASE ORDER - 9120145 (2)PURCHASE ORDER PO Number Page
City Of 9120145 ' of z
' `t Collins
oll I n d+ This number must appear
{, �7 on all invoices, packing
slips and labels.
Date: 0110912012
Vendor: 102517
GENERAL CHEMICAL CORP
90 E HALSEY RD
PARSIPPANY New Jersey 07054-3709
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS Colorado 80521
Delivery Date: 01/06/2012 Buyer: ED BONNETTE
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2012 BLANKET PURCHASE ORDER 1 LOT LS 300,000.00
LIQUID ALUMINUM SULFATE
LIQUID ALUMINUM SULFATE (ALUM)
$379.00/TON DELIVERED F.O.B. FORT COLLINS, COLORADO
WATER TREATMENT FACILITY. PRICE HELD FIRM THROUGH 12/31/11
PER MAPO BID.
VENDOR AGREES TO FOLLOW:
FCWTF SOP FOR THE PURCHASE OF LIQUID ALUMINUM SULFATE/
FCWTF SOP FOR THE DELIVERY OF CHEMICALS REV DATE 12/2/11, ENCLOSED.
VENDOR WILL PLEASE FORWARD CURRENT MSDS AND NSF INFO,
PER ENCLOSED LETTER.
Total
J -9k
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By starch, the City of Fort Collins is exempt from xtate and local taxes. Our Exemption Number is
99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000557 is registered with the Collector of
Internal Revenue, Denver, Coleman (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (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
inset ctions from the City of Fen Collins.
Inspection. GOODS are subject to the City of Fen Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict pefomance of the tcmu and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchasc order and shall not be deemed a waiver of tiny right of the
purchaser to insist upon strict perfonnuncc hercnfor any of its rights or remedies as to any such goods, regardless
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
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fen Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fad 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 most be F.O.B., City of Fen Collins, 700 Wood St., Fen Collins, CO 80522, unless acquired under federal or store antitrust laws for such overcharges relating to the particular goods 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 Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be neecpted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacrcrcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made fmm greater distance may cause the work to be performed by the most expeditious means available to it. and the Seiler shall pay all
costs associated with such work.
Permits. Seiler shall Immune at sellers sale cost all necessary permits, certificates and licenses required by all
applicable Imes. regulations, ordiwnccs and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly con omated public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm end against all liability and loss
incurred by them by notion of an assured or established violation of any such laws, regulations, ordinances, mles
and requirement.
Authorisation. All panics m 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 terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller ore 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 performance most be effected within the time
sated on the purchase order and the documents anached hereto. 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 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 not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence.
such acts of God, acts ofcivil or military authorities. governmental priorities, fircs, strikes, food, 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 of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seiler ...is that all galls, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seiler 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
time as may be proscribed by law or by the forms ofany applicable wine rity provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise 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
or guarantees, but such liability shall in no event include lass ofpmfits 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 temw by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any .such
change affects the amount due or the time of performance hereunder. an equitable adjustntem shall be made.
fi. TERM [NATIONS.
The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between The panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
partial 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 any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Scllcr of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or temminalinn is
ordered.
R. COMPLIANCE WITH LAW.
The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seiler 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 Seiler agrees to
indemnify and hold the Purchaser hamdess fmm all costs and damages suffered by the Purchaser as a result of the
Scllcrs 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 hercunder without the
prior w'rittcn consent of the other party.
10. TITLE.
The Scllcr wo ants full, vicarial unrestricted title to the Purchaser for all equipment, materials. and items furnished
in performance of this agreement free and clear of any and all liens restrictions, reservation security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its centimeters of any tier fmm all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perfomtal or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seiler is required to use any design, device, material or process covered by lend, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, dn'ice, material or process in connection with the contend. and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
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 snit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall. at its over 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 it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may fbnhw'ith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftcrms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws of the State of Colomdo. USA.
The fallowing Additional Conditions apply only in cases where the Scllcr is to perform work hereunder,
including the services of Scllcrs Reprcsentative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers 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 Seler's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or traction by the Seller, the Seller shall receive, unload,
store and handle some at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his men expense provide for the payment of workers compensation. including occupational
diseasc benefits, to its employees employed on or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the laws 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 insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any
one accident and property damage limit per accident of S404fN10. The Seller shall likewise require his
connactnes, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
empinvees shall do any work upon the premiers ofothets, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such ecnificates 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 Scllcr 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 Sellcrhdcby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection humilh. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agent and employees fmm 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 may
be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, 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 Purchaser, or its oRecrs, 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 to
defend the same at the Scllcrs own expense, to pay any and all toss, charges, atromcys 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 or other lien be placed upon or
obtained against the pmperty of the Purchaser. or said panics in or as a result of such suits or other proceedings.
the Seller will at once cause the saute to be dissolved and discharged by giving band 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 rules and regulations issued pursuant thereto.
Revised 03/2010