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HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9122026PURCHASE ORDER PO Number Page City of 9122026 1 of z `t his number must appear Collins1 1 on all invoices, packing slips and labels. Date: 04/09/2012 Vendor: 103256 Ship To: DRAKE WATER RECLAMATION HACH COMPANY CITY OF FORT COLLINS PO BOX 608 3036 ENVIRONMENTAL DRIVE LOVELAND Colorado 805390608 FORT COLLINS Colorado 80525 Delivery Date: 04/09/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price OTHER PROF & TECH SERVICES 1 LOT LS 6,815.00 MULBERRY MAINT PLAN PER QUOTE #OE9031212416 Total $6,815.00 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 ll, 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 Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins m exempt fmm rate and local lass. Our Exemption Nnutber is 11. NONWAIV ER. 98-1115n2. Federal Escise Tax Exemption Certifuexte of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist open strict performance of the terns and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a hreuch, the acecpttooe nfm payment for goods hereunder or approval of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED dnc to failure to meet specifications, either when shipped or due to defects of any of the wamnties or obligations of III is purchase order and shall not be deemed a waiver of any right of the dnnmge in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfnrnnnce hereof or any of its rights Or remedies its to nay such Conde, regardless insmatOm, from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purportnl oral modification or resciseion Of this purchase order by the Purchaser operate as a waiver ofany of the terns Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 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 part of the City of Fort Collins, However. it is to he understand 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 pmcednms. violations arc in fact home by the Purchaser. Theretofore, for good cause and as eonsidention for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcmaRer Freight Terms. Shipments must be F.O.D., City of Tom Collins. 700 Wood St. Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goads Or services Otherwise specified oa this aide,. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not he accepted. 13, PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf ebners have distributing paints in various parts of the country, shipowat is Iff is Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearer dirribinion point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability ter unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the Work to be performed by the most expeditious means available to it and the Scllcr shall pay all coats associated with such is Permits. Seller shall pmeure at sellers talc cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and toles 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 fmm and against all liability and loss incurred by them by reason of in mounted or established violation of anv such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona Ede and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditiore slated herein .sat forth and any supplementary or additional tems and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpcsed by sdlcr arc objected loan([ hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no yet,, premised delivery date as noted. Time is of the essence. Delivery and p irfomanec 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 of partial late deliveries. shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option mfplaciag this order elsewhere and holding the Seller liable for dam.Cc,, Bouvier. the Seller shall not be liable for damages as a result of delays due to causes not musonably foreseeable which arc beyond its reasonable control and without its fault Of negligence. such acts of God, act ofcivil or militarynuthmitics. governmental prjorilies, finis, strikes. flood. epidemics. ours 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 defy. 3, WARRANTY. The Scllcr vartams 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or mike good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the orss crony applicable warranty pmvidcd by the Seller after the date of acceptance of the grads furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect a, 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 pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages praximitely caused by the breach ofany afire foregoing warranties Or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR ME,RCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser miv make changes to legal terms by written change Order. S. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal mrm including additions to or dcletieas from the 9m aiiis, 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 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 gnats then not shipped, subject to any equitable adjustment bewseen the parties its in any work or mawn is then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods and/or work, for ineidcmal or consequential damages, and that no such ndjustment be made in favor of the Scllcr withrespect to any Suede which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller many oftheir obligations is 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 termination is ordered. A. COMPLIANCE WITH LAW, The Seller 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 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 arc hereby incorporated herein by this reference. The Seller immes to indenmify and hold the Pnrthnscr hnmJcss from 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 conics due or to became due hereunder without The prior written consent of the other party. 10. TITLE. The Set let w:,rmnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfnumarc of this agreement, free and dear of anv and all liens, restrictions, rescn'ations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier Form all liability and claims of any nature resulting from the performance oLauch isark. 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 ofsach parry. The Scllcr'., cnnnctual obligations, including warm my. shall not be deemed to he reduced, in any way, because such Work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to wag any design, device, material or process covered by letter, patent tradCo nrk Or copyright, the Seller shell indenmify and save harmless the Purchaser from any and of 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 Purchaser for any cost expense or damage which it may he obliged to pay by reason of sneh infringement at any time during the prosecution or ancr the completion of the work. In case said equipment, or any pan thereof or the intended use Of the goods, is in such suit held to constitute in Ghngemcat and the ass Of .said equipment or part is enjoined, the Seller shall, at its own experee 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 aoninfringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall became insolvent Or bnnkmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any Of the SO lets property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used on the interpretation ofthc agreement and the rights of all panics hereunder shall he constmel under and governed by the laws of State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprcscnfetive(s). as the promises of Others. 17. SELLERS RESPONSIDILTTY. The Seller shall cam oa said work at Scllcrs Own risk until the same is fully completed and acccptcd, and shall, in ease ofany accident. destnction or injury to the work and/or materials before Seller's final completion nail acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials tend equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, arlexd. store and handle same of the site and become responsible therefor as though such materials and/or cmupmcat were being furnished by the Seller under the order. Ill. INSURANCE. The Seller shall, at his own expense, pmvidc for the payment of workers compensation, including occupational disease henefls, to its employees employed on or in connection with the work covered by this purchase cohn. and/or to their dependents in accordance with the Imes critic state in which the work is to be done. The Scllcr 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 Is." $100,100 for any one person. $500.000 In, any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvidc for mach compensation and insurance. Iterate any of the Scllcrs or his contractors employees shall do nny work upon the prcmisca of ethers, the Seller shall furnish the Purchaser with a cra ifteata that such compensation and insurance have been pmvidcd. Stich ccnificies shall specify the date when such compensation and insurance hive been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Scllcr agrees that such enntpensation and insurance shall be maintained until after the entire work is completed and acccptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage loss or injury ofteny kind or nature whatsoever to person or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers Officers, agent, and employees Form and against any and all claims, losses, damages. charges or expenses, whether direct Or indirect and whether In persons or pmpeny to which the Purchaser may be put or subject by reason ofany act. action. neglect omission or default on the pan of the Seller, any of his contortions, or any of the Seller; or contractors officers, agents or employees. In case any suit Or Other pmeced jngs shall be brought against the Purchaser, or its officers, agents or employees at any time on account Or by reason of any act, action, neglect. emission or defu It of the SCl let Of any of his contractors or any of its or their ORecrs, agents ter employees as aforesaid, the Seller hereby agrees to assume the defense Ihcrcol' and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, avomcys fees and other expenses. any and all judgments that nay 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 iudgmcnt Or other lien be placed upon or obtained against the pmperty of the Purchascr, 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 guards necessary for the prevention of aecjdentc comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ntles and regulations issued pursuant thereto. Revised 03/2010