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HomeMy WebLinkAbout498989 XYLEM WATER SOLUTIONS USA INC - PURCHASE ORDER - 9143906PO PURCHASE ORDER 914390er Page City. of9143906 1012 ' `ppearl t Chis number must packing ` Collins' 1 on all invoices, packing sli s and labels. Date: 07/14/2014 Vendor: 498989 XYLEM WATER SOLUTIONS USA INC 227 S DIVISION ST ZELIENOPLE PA 16063 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 07/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I UV lamps Quote 214-WED-0084, uv lamps 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 21,555.00 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 L COMAIERCLALDETAILS. Tax exemptions. By whom the City of Fort Collins is exempt from sole and treat oxa. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Firgare Off" Purchaser 1. insist upon shin perf recce of the terms and conditions hereof, fail. or delay to Internal Revenue, Denveq Colorado (Ref Colorado Revised Stoma 1973, Clingier 39-26, 114 oL eve ire any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, to acceptance of err payment for goads hereunder ar approval mthe design, shall rut release the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of my right of the damage in transit, may Na mtumed to You for credit and arc not to be replaced except upon receipt of written Purchaser a insist upon strict performance hemofor any of is rights or remedies an to any such goods, regamlos instructions from the City effort Collins. of when Shipped, received or accepted, to to any prior or subsequent default hereunder, nor shall any purported oral modification or rescioion of this purchase coda by the Purchaser operate as a waiver of my of the temms Inspection. GOODS are subject to the City of Fan Collins inspection on amv ll. hereof. Fired Acceptance. Receipt of the merchandise, se r equipment in response to this order ev result in IT 12. ASSIGNMENT OF ANTRUST CLAIMS. authorized payment on the pan of the City of Fan a Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anlwast ACCEPTANCE is dependent upon completion of all applkable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, four good cause and as cumidarmon for executing this purchase coda, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight 'Perms. Shipments must be RO B., City of Fort Collins, 700 Wood So., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such ovochat es relating to the particular goods or services otherwise specified oa this Omer. If permission is gist. to prepay freight and charge separately, the original freight purchased or acquired by the Purchaer pursuant to Nis purclhose order. bill mug accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have disaibuting Poises in van us pats of the country, shipment is expected fmm the nearest distribution point to denination, and excess freight will be deducted fmm Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole that all naanry Final certificates and licemrs outlined by all applicable laws regulations, odinances and rates of the song, municipality, temtory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon C011ias harmless from and against all liabiliy and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and pal rcm001, Authorization. All parties to this contract agree that the representatives are, in fact, boon fide and possess full and complete authority to hind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me tams and conditions stood herein set Toth and any supplementary or additional toms and conditions annexed hereto or incmpommd herrin by refemna. Any additional or different terra and condition proposed by seller arc objected to and hereby jeered. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as rooted. Time is ofilm .'are Delivery and performance ants, be effected within the lime smtml on the purchase order and the documents attached hemp. No acts of the Pmohmens including, without limitation, acceprunce ofportial lam deliverer, shall awave a a waiver ofilm provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hovmvcr, the Seller shall non NO liable for damages as a mod, of delays due to causes not miserably fonreoble which are beyond its reasonable control and without its fault of negligence, such nets of(od, act welvil or milimry authorities, gfimommoul priorities, fires, strikes, Rood, epidemics, wars Or Hots provided Ida notice of the conditions causing such delay is given to the Prothro, within five (5) days )I Ile time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller w irchnts slut all goods, articles, materials and work covered by this ardor will confrmu with applicable drawings, specifications, samples aollor other descriptions given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a milar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purehaer may salter or incur on account of the Sellers brooch of warcdnty. The Seller shall Oppose, repair or make good, without cost Io the purchaser, any defecrs or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by due ¢mg, of my applicable warpinry provided by the Seller after the date of emergence of the gusts famished hereurder (acceptance not to Na unreasonably delayed), resulting from imperfect or defective work done or materials fif niched by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of my claim under this warranty. Except in otherwise pounded in this purchost order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits 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 tents by firm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal rents, incuding additions n+or deletions from the quamitio originally ordered in the speciricatiots or drawings, by verbal or written change order. If any such change alTats the amount due or the time of performance hereunder, an equitable adjustment. shall Ina made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change when, ".Iowa this agreement as no any or tall portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgras putrid that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted Option of the goods odor work, for fordenol or consequential damages, and that no such adjustment be made in favor of the Seller with respat in any good which am the Sellers somfom stock. No such termination short relieve the Purchaser or the Seller of My oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fro adjustment must be inserted within thirty (30) Jays foam the data Ile change or Rmimil w is colored. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such document, m may be required to effect m evidence compliance. All laws and regulations required to ba nco,sup ed in grammars as of this character are hereby incmpommd homin by this reference. The Sella agrees to indemnify and hold the Purchaa hanaloo fmm all ems and damages suffered by the Poohner as a result of the Sellers failure to comply with such have. 9. ASSIGNMENT. Neither party shall assign, transfer, in convey this coder, or any monies due or to become due hereunder without the prior writm cement ordo other party. 10. TITLE. The Seller warrants full, clear and utaestrided title to the Puminacr, for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lien, restrictions, nervations, security normal encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to correct aommuf ing or defective goods by a&to to be agreed upon by the Prudnmer and the Seller, and the Seller thereafter indicates is mobility or unwillingness to comply, ree Purchases may cause the work to be performed by the roost's o itious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purolator, and its complains, of any tier from all liability and claims of My namm resulting form the performance of such work. This release shall apply even in the event of park of negligence of the pony released cad shall extend m the diresmg oRncrs and employees ofsuch p:my. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requiml to use any design, device, material or paver. covered by loner, patent, tpldemark or copynght the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by tenon of the use of such panted design, device, material or process in connection with the contract, au shall indemnify the Purchaser for any cost, expense err damage which it may be obliged to guy by reawn of such infringement at any time during the prosecution or after the completion of the work. In nse said equipment, or any pan thereof or the intended use of the good, is in such suit held o reading, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pardoner the right to continue using said equipment or puts, replace the same with sthrompilly equal bur noninfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment bar the benefil of creditors, appoint a receiver or wastes for any of the Sellers property or business, this Omer may fonhwi@ be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpreollon of the agreement and the fights of all parties hereunder shall be consuued under and govemN by the laws mme Sore afC.1made, USA. The following Additional Conditions apply only in orms where the Seller is by prrfomt work hetewder, including the services of Sellers Representative(s). on the premises of.thers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllefs own risk until fe same is fall, completed and accepted, and shall, in caw of my accident, destruction or injury o the work aught maenad bet Sellers final completion and acceptance, complete the work at Sales own expense and to the satisfaction of the Purchuec When materials and equipment art fumishm by others for installation or erection by the Seller. the Seller shall receive, unload, Mae and handle same at the he and become no wouble therefor as though such materials and/or quipmrnt were being fnmished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expanse, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in coun efion with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the .to in which the walk is 1. be done. The Seller sh ll also nrry compoehemive general liability including, but not limited to, comrmtual and provincial, public liability insurance with bodily injury and death limits of at lent 5100,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Sellef shall likewise require his confirecoars, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Pumh wer with a renifinm Jar such compensation and insurance have ben provided. Such coulicara shall specify the date when such compensation and insurance have been provided. Such cenifintm shall Specify the date when such compensation and iaumnce expires. The Sella agrees dot such conformation and insurunce shall be wormincd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever m persons or Property caused by or resulting from the execution of the 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 had employees from and against any and all claims, losses, damages, harges or expenses, whether direct ar indirect, and whether to Persons or property to which the Purchase may be put or subject by reason of any act, action, neglect, omission or default on the pun of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In chat any suit or other proceedings stall be brought against the Pumbascr, or its mince ,agent or employees al any time oa account or by reason of my mi. action, roger, omission or &Null of the Seller of any of his contractors or any of its or their officers, agent or employees as aforesaid, the Seller hereby ages to asume the &in. thereof and m defend fe sang at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments real may be incurred by or obtained agaifew the Purchaser, or any of is or map officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against 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 be dissolved and discharged by giving bond or wharvi e. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the locomotion of accidents, comply with all 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 themo. Revised 03Q010