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HomeMy WebLinkAbout109853 WATER CONTROL CORPORATION - PURCHASE ORDER - 9142363Fort Collins PURCHASE ORDER Date: 04/29/2014 Vendor: 109853 WATER CONTROL CORPORATION 4380 S SYRACUSE ST SUITE 450 DENVER CO 80237 PO Number Page 9142363 1 o12 This number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 04/29/2014 Buyer: PAT JOHNSON Note Line Description Quantity Ordered UOM Unit Price Extended Price 1 Lamp, UVT PL-S-5 CWUVT; 1 LOT LS 290.00 Part # 015309 10 @ $29.00/EA 2 SRV Lamp Packing Kits, Swift; 1 LOT LS 1,972.00 Part # 820392 4 @ $493.00/EA Per Quote dated 4/21/2014 Fax PO to 303-477-1970; Attn: Debby Patton 3 Shipping 1 LOT LS 49.78 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.com Total Invoice Address: 1.78 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City Of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure a the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal 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 of or payment for good hereunder or approved afthe design, shall not release the Seller of Goods Rdoebod. GOODS REJECTED due a failure to meet spie fictions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in morn. may be narrowed a you for credit and see not to be replaced except upon receipt of wren proulaw r m area,, or strict perforrtumc hereofor any of its rights or rmredi. as to any such goods, regardless inswctions from the City of Fort Collins. of whom shipped, received or accepted, as to my prior or subsequent deault hereunder, nor shall any pr parr d am[ modification or rescission of this pumhme order by the Purchaser operate as a waiver of any of the firms Inspection. GOODS art subject at the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12, ASSIGNMENIOF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Howeveq it is to bar,understood thatFINAL Seller and the Purchaser merger. that in actual a omic tentative, overcharges resulting Ram mulmst rfor ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, good cause and az consideration for executing this purchase when the Seller hereby assigns to the Purchaser any and all claims it may now have or M1ertaher Freight Terms. Shipments most be F.O.U., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for mch overcharges relating to the Wricular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the oWmsI freight purchased or acquired by the Purchaser pursuant 10 this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. I J.PURCHASERSPERFORMANCE OFSELLERSOBLIGATIONS. Shipment Distance. Whercmammion rersh:rvedirnibur,andng intsas. inns various of the is If erdiredsthe cancer or detective to beagleed on a datellingness dabiliiy ducool I,.. Invoice w expelled Rom the point to deatiatiomt and excess freight will be Jeduned from Invoice when dthermler thereafter indicates its or unwi, the its inability or unwiEio to comply, the Purchaser a and the Purchaser Purchaser saran end the Seller thaeamost shipments Timm greater shipments are made fmm greater distance. m work to t it, a may cause the work to be peak. by the most expedi[ions means available to in, and the Seller shall pay all may expeditious costs a4saci9led with such work. Permits, Seller shall procure at sellers sole .1 all mcessary permits, du fmss and licenses required by all applicable laws, regulations, ordiwncn and tales of Ibe state, municipality, territory or political subdivision where the work is performed, or required by any other duly ounwa ed public authority Mvingjunsdinioo over the work of vendor. Seller further agrees to hold the City of Fort Collin harmless from and against all liability and loss andusrese ed by Them by ason of an asserted or established violation of any such laws, regulmions, ordinances, tales requirements. Autheri ation. All parties to this contract agree Nat the representatives are, in fact, how Ode and possess full and complete awflo tiry to bind said podia. LIMITATION OF TERMS. This Purchase Order expressly limits adepmntt to the ¢tan sad .edition stated herein set forth and any supplementary w additiowl norms it c Mine. annexed hereto or ind,wated herein by reference. Any additional or different Is. and conditions propped by seller are objected to and hereby nj.ad. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery date m noted Time is of the essence_ Delivery and performance most be enacted within the time stated on the purchase order and the documents punched loodo. No acts of the Producers 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 ymardale mmedia. Ile option ofplacing this Where elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasowbly foreseeable which are beyond Its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or mi liar, authorities, gowm ndual prworries, Gres, strikes, Bond, epidemic, ems or riots provided that active 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 exanded for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamenox that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be, fit for the purposes amended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar aware. 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 ..at,. The Seller shall replace, ,a it or make good, without cost on the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be posered by law or by Iha lams of any applicable warranty provided by the Seller aRa the data of acceptance of the goods famished hereunder (acceptance wt to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Aacpmporn or use of good by the Purchaser shall not onshore a waiver of any claim under this warranty. Except as otherwise provided in Nis purchase order, Iha Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmhes or guarantees, but such liability shall in no event include lass of profits 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 temp by wzinm change order. 5. CHANGES W COMMERCIAL TERMS. The Pauduse., may make any changes 1. the or—, man than legal corms. including addition to or deletions from the quanrities originally ordered in the specifcation or drawings, by verbal or women change order. If any such change affects be amount due or the time ofperamosece hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change ended, terminate this agreemem as to any or all portions of the good men not shipped, subject to any equitable ralwavn.r between the parties as to any work or materials then in progress pmvidcd that Be purchase, shall nut be liable for any claims far anticipated profits on the uncompleted portion of the good and/or work, for ma idenal or ..,actual damages, and Out no such adjustment W it, in favor of me Seller with respect m any goods which are the Sellers standard stock. No such tamiwtiou shaR.heve the Purchaser of Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within aid, (30) days firm me daft me change or temtiamion is ordered. & COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods we 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 are hereby inco masted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all corns and damages suR ed by the Purchaser as a result of me Sellers ail.. to comply wild such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this coda, or ony at. due or on become due hereunder without the prior wrirtw consent of the outer party. I O. TITLE, The Seller warrants full, clear and unruuiaed li0e to the Forchrer for all equipment, materials, and it. burnished in pa[ ante of this agreement, free and clear of any and all liens, resrtimior, reservations, seeurity interest wcumbrences and claims o f others. The Seller shall release he Purchase and its contractors of any tier from all liability and claims of any wture resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend no the directors, officers and employees orsuch party. The Sellers rentmctual obligation, broad, warranty, shall not he deemed to b, reduced, in any way, because such work is performed or caused coo be performed by me Purchaser. 14. PATENTS. Whenever he Seller is required to use ony design, device, material or process covered by linen paam,, trademah or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reaam of the use of such pwasted 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 infringement at any time during the prosecution or after the completion of the work. In case said equipment;oc any pan merwf or $e intended use of the goods, is in such suit held a contitate infrgrmado and the use of said equipment or put is enjoined, the Seller shall, at its own expense and at its option, eiUer procure for me Purchaser the right to commune Wing said equipment or part; replace the same with subsuarmally equal but wninGnging equipment, or modify it so it becomes naninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a or trustee far any Of me Sellers property or business, this order may forthwith be canceled by the Purchaser wimrm liability. 16. GOVERNING LAW. The definitions of owns used or the interpretation of the agreement and the rights of all parties hereunder shall be onsimed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repres rni ive(s), on the Farrow of others. I). SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in rase ofany eaident deswetio, or injury to the work mWor materials before Sellers fiwl completion nth acceptance, complete the work at Sellers own expense and to One satisfaction of the Purchaser. When morerials and equipment are fumished by others far installation m erection by the Seller, the Seller shall receive, unload, store and bundle same an the site and become responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease Firs , to its employees employed on or in connection with the work covered by cis purchase order, and/or to their dependwk in accordance with the laws of the sate in which the work is to Na done. The Seller shall also carry comprehensive general liability including, but not limited a, contractual and automobile public liability insurance with Costly injury and &am limits of at lewt $300,090 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his antmcars, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon rue premises of others, the Seller shall famish the Purchaser with a arts rate that such compensation and insurance have been provided. Such cedifcates shall specify the date when such compensation and promisee have been provided. Such carmames shall specifythe date when such comp re atioa and bourantt expires. The Seller agrees dial such enmpewticn and insurance shall be margined and after the .tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rmmes the entire responsibility and liability for any and all damage, loss or injury of any kind or wtme whosoever to persons or property caused by or resulting fmm me execution of the work provided for in this purchase order or in comedian herewith. The Seller will indemnify and hold harmless the Purchaser and any or ell of me Putthaurs .Rears, agents and employes firm and again, any and all claims, losses, damages, chargee or expires, whadeas direct or indirect, and whether on persar or property to which the Parcham may be put or subject by reason of any act, action, neglect, omission or default on the Part of the Seller, any of his contractors, or my of the Sella or contractors officers, agents or ernployaa In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on recount 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 mer.f and to defend the same at the Sellers own expense, to pay any and all ants, charges, shown s fees and other expenses, any and all judgments Oat may be incurred by or coined Wind me Purchaser or any of its m these officers, ag.ts or employees in such suits or other Proceedings, and in toss, judgment or other law be placed upon or atalned against the property of the Purchaser, or said parties in or as a resin, of such its ar other proceedings, the Seller will at once nun me same to be dissolved and discharged by giving band or oherwise. The Seller and his commet. shall take all safety precautions, fiunish and install tell guard aceamry for the pmention of saddens, comply with all laws and regulations with regard to safer, includin& but without lireiation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursunnt thereon. Revised 03R010