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HomeMy WebLinkAbout343965 IN-SITU INC - PURCHASE ORDER - 9143117Fort Collins Date: 06/04/2014 Vendor: 343965 IN -SITU INC 221 E LINCOLN AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9143117 1012 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: 06/04/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I LEVEL TROLL & TELEMETRY INVOICE # 00091870 PRODUCT RECEIVED -- DO NOT SEND PO TO VENDOR 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 1 LOT LS 5,328.50 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Exciae Tax Exemption Certificate of Registry 846000587 is registered with the Collector of Failure of the Perelman to insist upon sMet 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 French, the acceptance i for payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet sp r, ficatimu, either when shipped or due to defects of any of the warrantiee or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in human, may be rebound to you for credit and are not to be replaced except .,an aerie, of wrirm Purchaser to insist upon strict performance hereof or any of its rights orremdies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder, nor shall any imported cal modification or rescission of this purchase major by the Purchaser operate as s waiver of any of the teems Inspection. GOODS are subject m the City of Tom 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 pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ere Ic practice, overcharges resulting from antitrust ACCEPTANCE is dependent neon completion of all applicable acquired inspection procedures. Ainaidoas are in fact home by the Purchaser.Theremforenfar good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teton. Shipments most be F.O.B., City of Fain Collins, 900 Wood M., Fain Collins, CO 80522, unless required under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified car gas order . Ifpemtission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o fix purchase order bill most accompany invoice, Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whim manufacturers have disatbuting points in us pans of the country, shipment is If the Purchaser directs the Seller to correct now nnfineming or defective goods by a dam up to be agreed on by the th expected from e nearest dionfir m point to d,dia io, and excess freight will be deducted from Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or movillingnen to comply, the Purchaser shipments are made qom greater distance. may cause the work to be perforated by the most expeditious means available to in and the Seller shall pay at I costs associated with such work Permits. Seller shall pm at sellers sole cost all sary permits, cenifnoR, and licenses required by all applicable laws, regulations, n and mles of the state, municipality, tmnmry or political subdivision where the work is performed, or required by any other duly c rcha td public authordy havingjmisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liabtI try and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles rem regnierments. Author sitar. All parties to this contract agree that the representatives are, in fact, bona fide and poesco, full and omplele authority 1. and said Denies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set bank and any supplementary or additional terms and conditions annexed hereto or incou omtd herein by reference. Any, additional or different tends 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 arrive on year premised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within the time stated on be purchase order and ties documents arachd hereto. No acts of the Purchasers including, without [imitation, acceptance ofpantal late deliveries, shall operate as a waiver i this provision. In the evem ofany delay, the Purchaser shall have, in addition to other legal and equbdi remedies, the again cef plating In,, oaje, elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God ass ofcivil or military authorities, governmental In ies,Tres, spikes, food, epidemirs, wars or dots provided that notice ache conditions causing such delay is given m he P... ].to 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 concern of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, comefials and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and performed with ,he highest degree of care and competence in accordance with accepted standards for work of a 'miler Rarere. The Seller agrees to hold the purchaser hamdess from any loss, damage or expense which the Providence may suffer or incur on account ofthe Sellers breath of warany. The Seller shall replace, pair ar make good, without cast to the purchaser, any defects or faults among within one (1) year or within such longer paned of rime a may be prescribed by law or by be teems of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably deloyd), resulting Eau tragedian or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not candidate a waiver of any claim under this waeramy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, be, such liability shall in no ,at include loss of prof. 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 forms by waves change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make airy changes to the terms,.,he, than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen ehonge orderif any such change offer. the ammma due or the time of,c,f..m rrc heeunder, an equitable adjustment shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by wri0en change order, terminate this abrwment as to any or all poni urn of the goods then not supper, subject to any equitable adjusment between the parties as many work or mistrusts then in progress provided that the Purchase shall not be liable for any claims for anticipated profits ma the uncompleted portion ref the goods more work, foe inaidental or consequential damages, and that m such adjustment be made in fee., of the Seller with respect to any goods which are the Sellers standard stock. No such temenation shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered herewde,. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be, seemed within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmrams the all goods sold hereunder shall have but. 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 agreenrenr, of this character are hereby barometrical herein by this reference. The Seller agrees to indemnify end hold the Purchaser bunnies, from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry xbull assign, transfer, re convey this order, or any monies doe or to became due hereunder withouuhe prior written consent ofthe offer pang. 10, TITLE. The Seller warrants full, clear and marsinered title to the Purchaser for all equipmenn, matedak, and hems fumishd in performance of this agreement, fee and clear of any and all liens, reardcfions, m,anulare, security interest encumbrances and claims of actions. The Seller shall release the Purchaser and its contractors of any tier from all Ilabiliry and claims of any nature carping from the perfomance of such work. This reform shall apply even in the evem of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's ccarnm col obligations, including warranty, shall not be deemed to be reduced, in any way, bemuse such work is p,fom¢d or caused to be performed by toe Purchaser 14. PATENTS. Whenever the Seller is requital to use any design, device, material or process cove d by lever, pare.,, trademark or copyright, the Sel to, shall indemnify and save looniness the Purchaser from any and all claims for infringement by reason of the ace of such putmted dear,, device, minimal or process in convention with the contract, and shall indemnity the Purd[sser for any cost, expense or damage which it may be obliged to pay by meson ofsuch infringement 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 goods, is is such .if held as cotmtmte infnngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its optic, either procure for the Purchaser Ole fight to continue using said equipment o, pans, replace the same with substantially eyml but nouinfringing equipment, or modify it so it becomes noninfnnging. 15. RISOLVENCY. If nhe Seller shall became i... farm or bankrupt, make an assignment far the benefit of onahmrs, appolm a receiver or wperty sme for any of the Sellers proor business, this order may forthwith be caneeld by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement sad the tights of all patties hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only its cases where the Seller is to perform work heleundeq including the services of Sellers Repmsenmtivjs), on the premises of others. 11. SELLERS RESPONSIBILITY. The Seller shall tarty oa said work at Seller's own risk until the sume is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or mztenals before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor us though such materials anchor equipment were being furnished by the Seller under the order. 18, INSURANCE, The Sell, shall, at his own carrier, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase ord,. and/or to their dependents in accordance with the laws of the state in which the work is to be dare. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public fishing, inmrmnce with bndtly injury and death limits of at lerat S300,000 for any one person, $500,000 for any e accident and pfoperry damage It.,, per accident of S400,000. The Seller shall likewise require his s, if.iry, la provide for such compensation and insurance. Before any of the Sellers or his convacfors employees shall do any OR upon the premixes of others, the Seller shall famish the Purchase, with a certificate that such compensation and insurance have been provided. Such cerifcates shall specify the dam when such compensation and insurance have been provided. Such certificates shall aper ly the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is com ,d and atteptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby acmmes the entire responsibility and liability for any and all damage, loss or injury offer, kind or nature whatsoever to p,soa, or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents end employees from and again say and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons of property to which the Purchaser may be pat or subject by feasmn of any act, action, neglect, omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contmetors officers, agents or employees. In case any suit or other proceedings shall be brought against the Pomfor , or its officer,, ageors or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his containers or any of its or their officers, agents or employees as aforesaid, 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, armmeys 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 against the property, of the Parchrceq or said parties in or as a result of such suits or other pceediegs, the Seller will or 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 accidents, comply with all laws and regulations with regard to safety including, but without limimtiom the Occupational Safety and Health Act of 1970 and all rules and regulations issud pursuant thereto. Revised 03Q010