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HomeMy WebLinkAbout181155 WEST COAST ROTOR - PURCHASE ORDER - 9122644Fort Collins PO Number Page 9122644 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 05/07/2012 Vendor: 181155 Ship To: DRAKE WATER RECLAMATION WEST COAST ROTOR CITY OF FORT COLLINS 119 WEST 154TH ST 3036 ENVIRONMENTAL DRIVE GARDENA California 90248-2201 FORT COLLINS Colorado 80525 Delivery Date: 05/04/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Ordered Extended Price 1 1 LOT LS 11,153.00 Sole Source pumps 1 pump per quote 8603 dated 2/28/12 contact on req is Mike Dersham @ x-6984 2 1 1 LOT LS 13,702.00 Quote 8631, 3/14/12, 2 pumps Total $24,855.00 97x� 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 escmptions. By statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cerrificam of Registry 84-0000587 is registered with the Collector of Fmlue Of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Integral Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Scller 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 aaivcr of any right Of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported anal modification or res. issiou of this purchase aide, by the Purchaser Opcmtc as a mower Of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this arder can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Tom antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmecdures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration fat 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.B.. City of Fort Collins 703 Wood St.. Fort Collins, CO 80522, unless xequired under federal or state antitrust Imes for such overcharges relating to the pnnicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge scpamtely, 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 accepted. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted Farm Invoice when Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory, or political subdivision where the work is performM, 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 lase incurred by them by reason clan asserted or established violation of any such laws, regulations, Ordinances. rules and rcqu imments. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and posts 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 lumen, or incorporated herein by reference. Any additional or different term and conditions pmposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documcros attached herdo. No ac6 of the Purchasers including, without limitation, acceptance ofpartial 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 ofplaeing this order elsewhere and holding the Seller liable for damages. Hmvcver, the Seller shall not be liable for dmmngcs as a resull of delays due to causes not reasonably ftuceccable which arc beyond its reasonable control and without its fault ofncgligence, such acts of Gad. acts ofcivil or 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 even, of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by maxim ofthc delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the ryupexcs intended, and perforated 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 Farm any loss, damage or espcasc which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Setter 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 prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unrcamnxbty delayed). resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not eonsfirute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmx irately caused by the breach of any of the foregoing warm ics or guarantees, but such liability shall in no event include loss of pmfns or loss of use. NO IMPLIED WAR RANI OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temps. other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change anlcr. If any .such change affects the amount due or the time ofperformance, hereunder. an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the parties 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 portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Paehascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (301 days Farm the date the change on temminminn is ordered. 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 me subject The Seller shall execute unit deliver such documents as may be required to effect orevidence compliance. All Imes muf regulations required to he incorporated in agreements M this character are hereby incorporated herein by this reference. The Sclicr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs foilum 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 of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, nod items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, .security interest encumbrances and claims of Others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting From the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party rcica ed and shall extend to the directors, Officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever 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 fmm any and all claims for infrinecmen, by reason of the use of such palented design, device, material or peaces in connection with the contract and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by mason ofsueh infringement a, any time during the prosecution Or after the completion of the work. In ca c 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 expco a and at its option, either procure for the Purchaser the right In continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15, INSOLVENCY. If the Seller shall become insakent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sellers property ar busincs, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agrecmenl and the rights ofall parties hereunder shall be construed under and governed by the Imes Ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprccentative(s), on the premises Mothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on .said work at Settees own risk until the same is fully completed and accepted, and shall. in case of any accident, dwriction or injury to the work and/or materials before Seller's final completion and acceptance, complete the mark at Sellers emu expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by Others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same at the site and become responsible thcrefnr as though such materials and/or equipment were being furnished by the Seller under. the order. 19, INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease benefits to its employees employed on at in connection with the work covered by this purchase order, and/Or to Iheir 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 (cast S300.000 for any one person. S500.000 for any one accident and pmperry, 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 of the Scllcrs or his contractors employees shall do any work upon the Pacifists ofothcrs. the Seller shall famish the Purchaser with a certificate 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 a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any sad all damage, loss or injury ofany kind or nature whntsmver to persons Or praperty caused by or resulting from the execution of the nark Provided for in this purchase order or in connection herewith, The Set let will indemnify and hold harm less the Purchaser 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 indirsel. and whether to persons or property to which the Purchaser may he put or suhjcct by reason Of any act, action, neglect omission or default on the pan of the Seller, any of his contractors. Or any of the Scllcrs or contractors Officers, agents or emplrycca. In case any suit or other proceedings shall be hmught against the Purchnseq or its of icm.. agents or employees at any time on account or by reason M any act, action, neglect, omission or default M the Seller of any of his contractors or any of its or their officers, agents or employees as afam mid, the Seller hereby agrees to assume the defense thereof and to defend the same 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 or other lien be placed upon or obtained ,gains, the property of the Purchaser, or said parties in Or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all giants necessary for the pacacntinn of accidents, comply with nil laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010