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HomeMy WebLinkAbout466948 WATER RESEARCH FOUNDATION - PURCHASE ORDER - 9144188Fort Collins Date: 07/23/2014 PURCHASE ORDER Vendor: 466948 WATER RESEARCH FOUNDATION 6666 W QUINCY AVE DENVER CO 80235 PO Number Page 9144188 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 07/23/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 UV Study 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.mm 1 LOT LS 20,000.00 Total $20,000.00 Pay terms net 30 days 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 source the City of Fort Collins is exempt fmm stale and local taxes. Our Exemption Number is 98-04502. Facul Excise Tax Exemption Certificate of Registry 84fi000589 is reglstera with the Collector of Internal Revenue, Denver, Colorado (Ref. Colombo Revised Starter PUL Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, army b, returned to you for credit and are not to be replaced except upon meant of wrinrn instructions firm the City of Fort Collins. Inspection. GOODS ate subject to the City ofFort Collins inspection on decimal. Final Acceptance. Receipt of the rmrehandise, wervices or tyuipment in response to this order can result in authorized payment on the pm of the City of Fort Collins. Himever, it is to it, understood that FINAL ACCEPTANCE is dependent upon completion of all applicable expired inspection procedure. Freight Trow. Shipmen. most W F.O B., City of Fon Collin, 700 Wood Sr, Far Collie, CO 80522, unless wberwise spccifrd on Nis order. If permission is given to prepay freight and change separately, the original freight bill trust arcompeny imoice. AMot... I charges for packing will Out be acc,pned. Shipment Distance. Where manufacturers M1ave distriburing points in varicus puns of the marry, shipment is expected from the naeest distribution point to desommon, and excess freight will be deducted fmm Iemice when shipments are made fmm gmarer distance. Paenits. Seller shall procure at sellers sole cost all necessary permits, cenifitme and licenses remand by all applicable laws, regulations, ordinances and toles of the state, municipality, tenitary or Political subdivision where the work is performed, or required by my other duly constituted public authority having Puncheon. over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss enddanby then by reof as asserted or established violation Of any such laws, regulations, ordinances, tale amn countermen. Aulhozation. All parties to this carried agree that the representatives me, in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This lamitcse Order expressly limits acceptance to she ram. and conditions stated herein set forth and any supplemenrry or additional gems and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and coaitia is proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery dam as poled. Time is of the essence. Delivery and performance must be effected within the time stared on the purchase order and the doxumem attached here.. No ac. of fie PmcM1azers including, without limitation, acceptance of radial Tale deliveries, shall operate as a waiver of this pmvi ton. In rate event of any delay, the Purchases shall have, in addition to other legal and equitable centaurs, the option of placing this order elsewhere and holding the Sella liable for d magi. Ibottom, he Sella s11all not be liable for damages az a result of delays due to causes Out rmsombly foreseeable which am beyond its mosomble control and without in fault of negligence, such aced of God, acne ofcivil or military authorities, govemmenall pnonfr, , fires, snakes, Rood, apidmtirs, wars or riots provided that notice of the cositimts causing such delay u given to the Pretoria within five (5) days of the time when the Sella first received knowledge fermi In the event of my such delay, the date of delivery shall be extended for the period mml to the time acrally lost by reason error delay. 3. WARRANTY. The Seller wartmis that all goods, articles, mmerials and work covered by this order will conf with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, aod performed wish the highest airlines, of core and competence in accordonce with accepted standard for work of a nit. velure. The Seller agrees in hold the p uchaur M1armlen from any loss, damage or expire which the Purchaser try suffer or mention recount of the Sellers breach of warranty. The Sella shall replace, repair or once good without cost to the pumhown. my defects at faulas raising within one (1) year or within such longer period of time On may be preucibed by law or by the terms of my applicable warranty provided by the Seller after the date of ameptmce of Ne Goods furnished hereunder nicaplmce arm b to, umrasonably delays), resulting from imperfat or defective work done a materials famished by the Sella. Acceptance or we afgood by the Purchea shall not comtirm a waiver of any claim i n la this wam nty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmanci ely ..it by the breach of any of the foregoing...li t, or gcom oes, but such liability shall in no evens include loss ofprofied 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 tegal seas by wnnen change order. _. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal gains, including additions to or deletions from the quamiliea originally ordered in the apruilication, or drawings, by verbal or written change order. If any such change ofar, the amount duc ar the time of parr munre hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The PurcM1uer may vox vary time by written change order, immune one his agreement as to any or all pa round of the goods then not shipped, subject m any equitable ad rem em between he parties as to my work or materials then in progress provided that the Purchnser shall not be liable for any claims for anticipated profits an the uncompleted portion of the good and/or work, for incidental or consequential damages, and fan no such adjustment be made in favor of the Seller with respect Ins any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any ofthar obligations u to any good delivered heretuder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustmnt most be asserted within shirty (30) days from the dale the change or nomination is ordered. I. COMPLIANCE WITH LAW. The Sena wammts chat all good sold hemtader shall have barn produced. sold, delivered and forrobl ed in snort compliance with all applicable laws as mpladom An which the good are subject The Sella shall execute and! deliver such donagraw u may be rmuired to effire, or evidence complunre. All laws and regulations mryirs at he incorporated in i oremened of Nis character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold he Purchaer bound. fmm ell cons. as damn,,, mffand by the Purchaser as a result ofth, Sellers failure. comply widt such law. 9. ASSIGNMENT. Nation Party shall assign, mnsfer, Or convey this otter, or any monies due. to became due hcremdm without Ne Prior written mruant of fie other, party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purebazer for all equipment, common, and items fidawashal in performance of this agreement, free and clear of any and all lice, mtrldions, rainmakers, security interest encumbrances and claims of ofers. I L NON WAIVER. Failure of Ne Purchum b ieut upon strict performance of the terms and conalmons hereof, failure or delay to exercise my rights or remedies provided herein or by law, failure to promptly notify rise Seller in the event of a breach, the mtpanue of or paymrnt for good hereunder or approval off, design, shall nor releue fe Seller of my of the warranties or obligations of this purchase order and shall not be damed a waiver of my right of the purchaser to inur upon strict performance horror or my of its rights or anomalies an to any such good, tegardlss of when shipped, mewed or mcepsed, m to any prior Or subsequent default hereanda, nor shall my purported out modification or rescission of this purcM1au order by ghe Purchaser operate az a was" of my of the gems hrreof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser roan ix that in around economic pucrice, cambiums resulting from antitrustviolations aft in fact home by the Pardoner. Theretofore for good hose and w consideration for executing this pmchue order, the Sella hereby assigns to Ne Purchaser any and all claims it may now have or hereafter re,uind uMer federal or state lento, laws for such overtuser s relating to the particular good or xevicn purchecd or required by the PurcM1uer pursumt m this purchase coder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumbwm dim. the Seller to wmect nonconforming cur defective good by a date to be agreed upon by the Purchaser and the Sella, end fie Seller fermnef indicaru as inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious memo available W it, and the Sella shall pay all costs amsxmted with such work. The Sella shall releue the Purchuef end its contractors of my tier from all liability end claims of any whom tritium, from the performance ofsuch work. This release shall apply even in the event of fault of negligent of the parry released and shall extend to the directors, o@car, mad employees efaach party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused tc be performed by the Purchazm. 14. PATENTS. Whenevm the Seller is requital r use any design, device, mmmal of process covered by letter, Intent' nadcma k or copyright, the Seller shall indemnify and save M1mmlcss the Purchase, Iron any and all claims for infringement by reason of the use of sucM1 p trnted design, device, material or proxies in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged a pay by reason of such infringement at any time during the prosecution or after fc completion of the work. In case said equipment, or any part thereof or the intended use of the goodn. is in such mil held m commure inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own experno and at its option, either prouure for the Purchea the right to continue wing said equipment or pans, replace the same with substantially equal but .infringing equiproad. or modify it so it becomes nmdnfirm,ng. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of credimm, appoint a or ,tome for any of the Sellers property or b siness, His, order may forthwith be, tacticalby the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterrm used or the interpretation, ofshe agreement and the rights ofall parties hemuMer shall be wnstrved under and governed by the laws of the State of Calaudo, USA. The following Additional Conditions apply only in cases where ate Sella u to perform work hereunder, including he srnices of Sellers Repre morrice(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until the same is folly complaint and.ceps, and shall, lie of my accident, destruction or injury Ins the work .Nor matemE before Sellers final completion and acceptance, complete the work at Settees own expense as to the satisfaction of she P rrchum. When mmterials and equipment art fumiahed by others for installation a erection by the Seller, the Sella shall receive, unload, some and handle same at fc site and become responsible fcre[or an though such mateei in andlor intuitional were bring famished by Ne Sella miler the order. 18. INSURANCE. The Seller shall, at his own expense, provide for she payment of workers compensation, including Occupational disease benefits, to its employes employed on or in connection with the work covered by his purchase order, and/or to their dependents in accordance with the laws of the state in which the work h to be done. The Seller shall also tarty comprehensive general liability including. but not limits to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300000 for any one person. $500,000 for any one trident and pmpeny damage limit per accident of $400,000. The Seller shall likewise require his antrerrs, 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 ofers, the Seller shall rmish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificares shall specify the date when such compensation and insurance have been provided. Such cafficales shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and worrisome shall be maintained unlit after the entire work is completed and maps. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby usurer the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whtaedaava to Persian or property caused by or resulting from the execution offs work provided for in this purchase order or in connecion herewith. The Seller will indemnify and hold harmless the Purchaser anal my ce all of the Powhasers oRican, agents and employees firmnd an aagainst y and all claims, losses, damages, harges m expenses, whether direct or indirect, and whether to trsons or pmpeny to which the Prchuer may ber put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, any of his ontradon, or my of the Sellers on, contractors officers, agents or employers. In case any suit or other proceedings shall he brought We= the Pmchum, or in officers, agents or employes at my time on amount or by reaon of my let, action, neglect, omission Or default of the Sella of my of his contractors or my of its or their Officers. agreed or employees as aforesaid, ate Seller hereby agrees m assume the defense thereof mad to defend the same in the Sellers own expense, to pay any and all cosh, charges, attorneys fees and other responses, any and all judgments; that may be incurred by or obtained against she Purchaser or any of its in their officers, agents or employees in such suits or other proceedings, avd in rase judgment or other lies be placed upon or obtains against the pmpeny of the purchases, or said parties a or w a reach of such suied or other proceedings, Ne Sella will at once cause the sane in be dissolved and disclawl by giving brad or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all gnafd necessary fan the prevention of accidents, comply with all laws and initiation. with regard to safety including, but wihoun limitable, the Occupational Safety and Health Act of 1990 and all rates as regulations issue promem themo. Revised 07fW14