HomeMy WebLinkAbout466948 WATER RESEARCH FOUNDATION - PURCHASE ORDER - 9141771PO
PURCHASE ORDER 9141771 Page
C117/ of PURCHASE
9141771 t of z
' `t Collins
This number must appear
` 1 , on all invoices, packing
sli s and labels.
Date: 03/27/2014
Vendor: 466948
WATER RESEARCH FOUNDATION
6666 W QUINCY AVE
DENVER CO 80235
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 03/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2014 subscription dues 1 LOT LS 13,335.00
2 Dues & Subscription Services 1 LOT LS 5,000.00
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@fcgov.wrn
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIALDETAIS.
Tax exemptions. By statute the City of Few Collins is exempt from state aM local uses. Our Exemption Number 6
98-6s502. Federal Excise Tax Exemption Cmificam of Registry Drot)(0587 is nitrate] with me Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Samms 1923, Chapter 39-26.114 (a).
Goads RejectN. GOODS REJECTED due m failure to men specifications, either when shipped w due to deran of
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written
insuuaims from the City oTmo Collins.
Inspealicn. GOODS are subject to the City of pod Collins inspection on adical.
Final Acceptance. Receipt of me merchandise, services of equipment in response to this order can result in
authorised payment on the pan of me City of Pon Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable inquired inspection pmcedurn.
Freight Tents. Ship.. must be TO Cry of Fort Collins. 70) Wand St. Tom Collins, CO 80522, unless
otherwise specified an this order. If p andission is given to prepay feught and charge sepammly, the original freight
bill must accompany immice. Additional charges far Packing will nor be accepted.
Shipment Distance. Where aranifrchums have distributing Points in various pans of ,he country, shipment is
expected from the nearest distribution pains m destination, and excess freight will be deduced from Invoice when
shipments are made from greater distance.
Permits. Seller shall marm al sellers sole ,It all necessary permit,, certificates and license required by ell
applicable Incas, regulminw, odinawas and roles of the state, municipality, territory or rya meal subdivision where
the work is performed, or moaned by any other only con stioned public authority having jurisdiction over the work
of vendor. Sellef further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an warned or established violation of any such laws, regulations, ordinances, toles
and requirements.
Awharivtin t. All panne, I. min commct agree tom the represen ndives are, in fact, boa fide and Put fall knot
complete amhonry to bind said panics.
LIMITATION OF TERMS. This Purchase Omer expressly limits a¢epwar, to the teams and conditions sated
herein set toed and any supplementary or additional menu and condition command bereto or inewpomted herein by
reference. Any additional or different names and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wrive on your
promised delivery date as noted. Time is cf the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No act, of the Purchasers including, without
Laudation, acceptance of mend late deliveries, shall operate as a waiver of this provision. In the .veil of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sellef liable for damages. Hnwee,,. the Sella shall or be liable for damages a a result of delays
due to causes not reasonably foreseeable which arc beyond in reasonable control and without its fault of negligence,
such aces of God, ran of civil or military mlhorities, govemmenal priorities, firs, strikes. Boad, epidemics, wars or
riots provided that notice of the conditions musing such delay is given in the Purchaser within rive (5) days of the
time when the Seller first received knowledge normal In the event of any such delay, the date of delivery shall be
extended for the period dual to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and weak 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 wad: 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 Sella. breach of w.=t,. 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
time as may be prescribed by law or by the terms Ofany applicable wormary provided by the Seller after ne date of
acceptance Of the goods furnished hereunder (acceptance not m 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
onstinate a waiver army claim under this warranty. Except a Otherwise provided in his purchase Order, the Sellers
liability hereurder shall extend to all damages proximately caused by no breach of any of the hregeing was "e,
or grommaes, bar such liability shall in no event include loss ofpmfits m loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Practicer may range changes to legal nano by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, 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 idt the amount due or the lime of perfornnmea heremoin, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by warren change order, termirate this agreement an many or all portion of the
goods then not shipped, subject to any equitable i djmunce, between the panics as to any work or materials tom in
progress presided that the purchaser shall not he liable for any claims for anticipated pmfn on me uncompleted
portion of the goods -Nor work, for incidenml or careryuemion damages, and hen no such adjustment be made in
fawn of the Seller with dispute, to any goad which ate the Sellers standard stack. No such tnmition. shall relieve
the Purchaer or one Sella ofory of their obligations n to any good delivered heeunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjutment must be wonted within thirty (30) days from the dare he change or ticmieation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all greeds sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulations to which the goads are subject. The Seller .shall execute and
deliver such documents a maybe required In effect Ocevident,compliance. All laws and regulations required robe
ncerpomted in agreements of this character arc hereby inampaamd herein by mix reference. The Seller agrees m
indemnify and hold the Purchaer harmless from all costs and damages suffered by the Purchaser in a result of the
Sellers failure m comply win such law.
9. ASSIGNMENT.
Neither party shall coign, realm, or convey this order, Or any norms due or to become due hereunder without the
prior wrinen consent of the other Party.
IO.TITLE.
TheSeller diagrammatic
full, clamandunrestanedliar tome and
for all equipment, aria mi,cadhemsfamished
coturboures d nix agreement f and clear of any and all lien, rntrictiona, reservariorta, scanty intern,
m<umbmnces and claims ofomers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to
exervive any rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of a
breach, rhea nroarge, of or payment for goods hereunder or approval ofthe design, shall Out Off. the Sellar of
any of the warranties or obligations of this purchase order admd shall not be deemed a waiver of any right of the
purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, in to any prior or subsequent default burnisher, nor shall any purpaned
oral modification or rescission Of Nis purchase Order by the Purchaser operate as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser rmogaiae that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Thera fine, far goad cause and as consideration far executing this
purchase oMe,, he Seller hereby assigns Ito the Pu¢baser any and ell claims it may now have or harea0m
acquired under federl at sate anrimat laws for such orerehvga relating Is the particular goods or services
purchased or acquired by me Pumb em purseunl too this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser damen $e Seller to correct nonconforming or defective goods by a date to be agreed upon by me
purchaser and the Seller, and the Seller thereofter indicates in inability or mwillingness to comply, the Purchaser
may cause the work to he performed by the most expeditious meats available au it, and the Seller shall Pay all
man asociaml with such work.
The Seller shall release the Purchaser and its contmelots of any tier tram all liability and chains of any nature
resulting from the performance ofsuch work.
This release shall apply On at the even, of fault of negligence of the party released end shall extend to the
directors, o0ias and employees of such party.
The Sellers centennial obligations, including wmmnry, shall trot be dxmcd to be mWced, in any way, remake
such work is Performed in wased m be performed by he Purelsacr.
14. PATENT S.
Phemver the Seller is required to one any design, device, material or process covered by tarter, patent, uadmink
or copyright, the Seller shall indemnify and save remains the Purchaser Item any and all claims far infringement
by renown of the use of such patented design, device, material or process in mrmection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement m any lime during the prosceutian or filer the complains of fie work. In case said equipment, or
any pan thereof or the intended use Of the goods, is in such suit held to consomme infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure far 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 noninfina g.
15. INSOLVENCY.
If the Seller shall become bacteria or makrupt, make an essigmneat for me bens fil of aedirors, appoint a
wrowar or income for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The detinitiom of temp used or the interpretation of the agreement and me rights ofall parties hereunder shall be
oattued undo and gmamed by the laws ofthe State of Col..&, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the servicas of Sellers Famescroadward, on the premises of .,he.
19. SELLERS RESPONSIBILITY.
The Sellef shall cart, oa said work at Sellers own risk unlit the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work Uri materials before Sellers final completion and
aceapmnee, complete the work at Sellers own expense and a the satisfaction of the Purchaer. When materials
and equipment am famished by others for moullai m or areaien by me Sellef, the Seller shall receive, unload,
scare and handle same to the site and become responsible therefor a though such materials ani equipment
were beingSatisfied by the Seller under the order.
18. INSURANCE
The Seller shall, at his own ce,inw, provide far me content of workers compensation, including o ti,sta eal
disease benefits, to its employees employed an or in connection with the work covered by this pushase order,
and/or to their dependents in accordance with the laws Of the state in which me 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 $300,000 for any one Iverson, E500,00) for any
one accident and property damage lima, per accident of S400,000. The Seller shall likewise require his
contractors, if nay, to provide for such compensation and insurance. Before any of the Sellers of his contractors
employees shall do any work upon the premises of others, ,he Seller shall famish the Purchaer with a Oman.am
that such contpirmaron and insurance have been provided. Such certificates shall specify the dam when such
compensation and insurance have been provided. Such cedificates shall specify the dam when such compensation
and insurance expires. The Seller agrees that such compensation afar iauance shall he maintained until after the
entire work is completed and acccptN.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the ensbe responsibility ad liability for any and all damage, loss or injury fany kind
or mature whamoever to parson or property annual by or ma ulfing tram the execution of the work provided for is
this pumhase order or in connection herewith. The Seller will indemnify aM hold harmless the Purchaser and any
cr all of the Purchasers officers, agents and employees form and againstmyand all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to Persons or pmpeny to which the Purchaer may
be put or subject by reason of any act, action, neglect, omission or default on she 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 Purchaer, or its officers, agents or employees as any time on account Or
by renown of any act, action, neglect, omission or default of the Seller of any of his earroaars a, any of It, Or
their officers, agents or employees as aforesaid, the Seller hereby agrees to Somme the defense thereof and to
defend he some at the Sellers own expense, to pay any and all costs, charges, attorney, 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 .in in other proceedings, and in case judgment or other II. be placed upon or
obtained against the mrPeny nffhe Purchaser, or said panic in w a a is Of such swim or other proceedings,
the Seller will or ottce cause the same to be dissolved and i iwharged by giving Fund or otherwise. The Sellef and
his contractors shall take all safny, precautions, famish and insall all gourd necessary fen the prtvennon Of
accidents, comply with all Ins and regulations with regard to safety including, but Unhand limitation, the
Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant memto.
Revised 03RO10