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HomeMy WebLinkAbout435510 NRG PRODUCTS - PURCHASE ORDER - 9141310Fort Collins Date: 03/03/2014 Vendor: 435510 NRG PRODUCTS 621 BRENTWOOD DR READING PA 19611 PURCHASE ORDER PO Number Page 9141310 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 03/03/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Ordered Unit Price Extended Price Non-metallic chain 1 LOT LS 5,692.50 45 ea 10001063-002 Products per sole source Quote 2900553 Contact on requisition is Mike Dersham 2 Attachment paddles, 8"pitch 1 LOT LS 308.00 20 as 10000375-001 3 Attachment paddles, 6"pitch 80 ea 10000375-002 4 glass filled nylon pins 150 ea 10001065-001 P,4 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax 970-221-6707 Email:purchasing@fogov.00m 1 LOT LS 1 LOT LS 1,276.00 372.00 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 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from state and local baxts. Our Exemption Number is 98-01503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Rminat Denver, Colorado (Ref. Colorado Revised Sdsmtts 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS RFJECFED due to failure to men specifications, either when shipped or due to defects of damage in tourist, may h monied to you for credit and are not to be replaced except upon receipt of written interactions Farm the City of Fort Collit¢. Inspection. GOODS ate subject to the City offer, Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sera or equipment in deposit to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Tenn.. Shipments must be F.O.D., City of Fad Collins, 700 Wood St, Fort Cobh , CO 10522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fright bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments we made from greater distance. Permits. Seller shall procure at sellers sole cost all nectsmry permits, ceni0cate, and licenses required by all applicable laws, regulations, ordinances and toles of the state, municipality, territory in political subdivision where Ore work is performed, or required by any other duly construed ed public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fad Collins harmless fmm and against all liability and lass andand by them by ¢awn of an assured or established violation of any such laws, mgulations, on mantes, toles am requir umms. Authonimtion. All panics W this contract agree that the repromprmivc are, in fact, bards fide and possess full and complete authority to bind said genies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set both and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camim make complete shipment m mere on your promised delivery date as timed. Time is of the essence. Delivery and perfommnce nru.t be efimeted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Iimimben, attenuate of partial late deliveries, shall operate as a waiver of this provision. In Ore event army delay, the Purchaser shall have, in addition to other legal and equitable rernciies, the option affluent, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result oral due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, acts ofcivil or military subsidies, governmental pnionties, fires, strikes, Rood, epidemics, warn or dots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Sella fast received knowledge thermal In the event of any such delay, the date of ddivmy shall be extended for the pencil equal to the time actually lost by remain orthe delay. 3. WARRANTY. The Seller wanants then all good, articles, materials and work entered by this order will conform with applicable drawings, specifcarims, somples anther odic, descriptions given, will be fit foe the Puryosts intended, and performed with the highest degree of one and competence in arcoNacee with accepted standard for work of a similar ,nature. The Seller agrees to bald the purchaser handless from any Into, damage or expense which th, Purchuer may sufferer human account of the Sellers breach of wanenty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year at within such longer period of time res may be presented by law or by the tenor of any applicable womanly provided by the Seller after the date of acceptance of the good famished hereunder (acceptance net to be unrcawnably delayed), resulting fmm imperfect or defective work done or mammals f fished by the Seller. Acceptance or use of good by the Purchaser shall cal onstimte a waiver of any claim under this womenty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, aher than legal terns, including additiore to or deletions from the award area originally ordered in the sPatificatiuns or drawings, by verbal or change order. If my such change alfe er the amount due or the time efperformmwe hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrimn change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or rudest then in progress provided Out the Purchuer shall tat be liable for any claims for andicipmed probes em the ament,leed ponion of the goods author work, for Iocideral or consequential damages, mid Out no such adjustment be made in favor of the Seller with rtspecr to my goods which are the Sellers sundard stack. No such wrourestlun shall reline the Purchaser or the Seller of-y ofthelr obligations as so any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment moor be scummed within thirty (30) days fmm the due the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in stun compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents its 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 aid hold the Purchuer harmless fmm all costs and damages suffered by the Purchuer as a tmuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, Immfer, or convey this order, or my monies due in W become due hereunder without the prior written common of the other pony. 10. TITLE. The Seller eunants full, clean and maesumml fide W the Punhoser for ell equipmmL ma dmil , and it. fished in pecompame of this agreement, free aM clam, of any and all liens, raoinims, reservalimna, secamty interest encumbrances mid claims of othcn. 11. NONWAIVER. Failure of the Purchaser to i.e. upon ,react perfomance of the it. end.nditiom hereof, failure m delay to xany rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the xarrantia or arrigmiom of this purchase order and shall not be deemed a waiver of any night of the purchaser to insist upon atria performance hereof or any of its rights or remedies as to any such good, regardless, of return shipped, received or accepted, as to any prior or subsequent default hereunder, tear shall my purposed oral modification or remission of this porchow maker by the Purchaser apcmic as a waiver of any of Ore terra bettor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Producer recognize that in actual economic practice, overcharges resulting from antitrust violations art in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase oak. the Seller hereby assigns to the P... low, any and all claims it may raw have ar hereafter acquired under Federal or state antimet laws for such overcharges relating to the pomisilar goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchuer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser Trey comma the work to Ix Performed by the man expeditious means rotatable to it, and the Seller shall pay all casts mandated with such work. The Seller shall release the Fondest, end its .ntmnm s of any tier form all liability and claims of any a some resulting cam the Performance of such work. This relmse shall apply even in the event of fault of negligence of the party mleued and shall extend to the directors, odic. aM employees fsuch party. The Sellces ornamental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or mused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process Covered by letter, poem, trademark or copyright, the Seller shall indemnify and save harmless the Purchuer fmm tiny and all claims for infringement by reawn 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 be obliged to pay by reason of such Infingemem 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 good, is in such suit held to constimre infringement and the use of said equipment or pun is enjcined, the Seller shall, at its own expense, and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the sans with substantially equal but noninfringing equipment, or modify it so it becomes natmiGinging. 15. INSOLVENCY. If the Seller shall become immlvem or badomm, nuke as assignment for the benefit of creditors, appoint a reverser or tmstce for my or the Sellers promote or boswess, this «der may forthwith he canceled by the Perchance without liability. 16. GOVERNING LAW. The definitions oftcros axed or the interpretation crow agreement and the rights of all paints hereunder shall be .relmcd consider and governed by the laws oft, Some of Colm rdo, USA. The following Additional Conditions apply only in crater whom the Seller ex to pert work Immoral including Ore service of Sellers Representativebad, on the pmnives of others. 17. SELLERS RESPONSIBILITY. The Seller shall army on said work at Sellers own risk until the some is fully Completed and accepted, and shall, in se of any accident, destruction or injury to the work W or matenats before Settees final completion and cceptant ,complete the work at Seller's own expense and to the satisfaction of Ne Purchaser. When maerals and equipment art famished by others for installation or erection by the Seller, the Seller shall receive, ordered, store and handle same at the site and become responsible therefor, as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker, compensation, including occupational disease benefits, m its employees employed on or in connection with the work covered by this purchase ardor and/or to their dependants in accordance with the laws of the state in which the work is to be done. The Seller shall .1. cart, comprehensive general ],.brief including, but not limited to, contractual aM automobile public liability insurance with bodily injury and data limits of at least 5300,000 for any one person. S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his co moctors, if tiny, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall des any work No the Promises of others, the Seller shall fiah the Purchaser with a certificate Fiat such compensation and insurance have bees provided. Such ecnifoma shall specify de dam when such compensation and insurance have been provided. Such cenificatts shall specify the date when such comperelion and insurance expire. The Seller agrees Fad such mmprn time and insurance shall be maintainW total after the .tire work is completed 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 of my kind Or nature whatwever to persons or pmperty caused by or banking from die execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and my or all of the Purchusers ird icers, is re. and employees from and against any aid 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 act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of my of his contractors or any of its or their officers, .,ans or employees as aforesaid, the Seller hereby agrees an assume the defense thereof and to defend the mine at the Sellers own expense, to pay any W all costs, charges, attorneys fees and other expenses, any and all judgmens that may be incurred by or obtained against the Purchaser or any of its or their officers, towns or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or in a result of such suits or other proceedings, the Seller will at came roux the same to he dissolved and discharged by giving band or otherwise. The Seller and his contractors shall bake all safety precautions, fish and install all guard necessary for the prevennio s of accidents, comply with all Ides and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued Formed thereto. Revised 03R010