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HomeMy WebLinkAbout343965 IN-SITU INC - PURCHASE ORDER - 9144470Fort Collins Date: 08/05/2014 Vendor: 343965 IN -SITU INC 221 E LINCOLN AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144470 1of2 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: 08/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 0095000-04-30 Professional-XP, 1 LOT LS 9,118.10 Turbidimeter & 0058130 Troll Link 101 Telemetry System Per Quote No. 00000371; dated July 15, 2014 In -Situ to delay activation and data service for the Troll Link 101 telemetry system until further notice from the City of Fort Collins. Email PO to: Sales@In-Situ.com Attn: Tony Walker 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 118.10 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local Saes. Our Exemption Number is H. NONWAI V ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Smmtes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Omer and shall not Ee deemed a waiver of any right of the dvnage to transit, may be remmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or manedies res m any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereundm nor shall any puryoned oral modification or rexission of this purehaee order by the Purchaser open" of a waiver of any of the terms Inspection. GOODS are subject eo the Ciry of Fon Callim inspection on afncal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in m oransc to this Omer on result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood teal FINAL Seller and the Patient recognize Oat in acmal economic pmctica, overcharges resulting from antitrust ACCEPTANCE isdependent Orion n coplelim ofill applicable required inspection procedures. violations are in fact home by the Purchaser.Thereofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Parelower any and all claims it may now have Or hereafter Freight Terms. Shipments most be F.O.B., City of Fun Collins, 700 Wood St, ran Collins, CO 80522, unless acquired under federal or state antitrust Incas for such overcharges relating to the particular goods or services Otherwise specified an this .,it.. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accomoanv invoice. Additional chances for raking will not be accented. Shipment Distance. Where mavufxwrers have distributing paints in carious pans of the .1. shipment is expected frvm the neared distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made tram greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ceoifieme and hermes raquired by all applicable laws, re,mmunns, ordinances and rules ofthe star,, municipalay, truilnry Or political subdivision when the work is performed, or required by any other duly constituted public amharia, b:mingjan,dictom over the walk of vendor. Seiler further agrees an hold the City of Pon Collins harmless from and against all liability and lass slidumotionas ed by them by rean of an serted or established violation of any such laws, regulations, consulates, lates, toles mquire.b. Authorization. All parties to this contact agree than the mpmormaiives arc, in fart bons fide and possess full and complete anthanry eo bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the moms and conditions stated herein set forth and any supplementary or additional arms and conditions annexed hereto or incorporated herein by reference. Any additional or di❑'erem moots and conditions proposed by seller are objected to and M1ereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you commit make complete shipment to more on your Promised delivery date as noted. Time is of the examer. Delivery and performance most be'Iff"tN within the time stated on the purchase were most the documents attached hereto. No acts of the Purchasers including. without hmiffim, nominalism of pmnial late driven., shall apcam as a —let -This provision. Ito the event orally delay, the Fares —shall have, m addition to other legal and egmerld, remedies, the option ofplacing this offer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due in causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such x6 of God, acts ofcivil or military authorities, governmental pnonties, fires, strikes, Rood, epidemics, wars or riots provided that notice of he conditions causing such delay is given eo the Purchaser within five (5) days of the time when the Seller first received knowledge thermf. In the event of any such delay, the dare of delivery shall he extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, novelist, matenaB mod woe covered by this order will conform with applicable drawings, sprioodions, samples and/or other descriptions gives, will be fit for the purposes intended, and perfomted with the highest degree of core and compromise in accordance with accepted standards for work of a imits, nature. The Seller aSocial to hold the purchases hamless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellm breach of waman y, The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer peiod of time as may be prescribed by law or by the mores orally applicable warranty provided by the Seller after the data of eceputnce of the goods famished hereunder (acceptance not to 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 comforts a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability barrel shall exmud to all damage p aximately caused by the breach of my of the farm ing warrmnia car guaantms, but such liability shall in no event include loss ofpmfita or loss of um. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser, may make changes to legal norms by written change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, Other than legal terms, including additions to or deletions from the quantities originally ordered in the sperati.oions or drawings, by verbal or written change offer. If any such change alTects the amount due or the time ofperfomance hereundm an equitable adjustment shall bar made. 6. TERMINATIONS. The Purchaser may at tiny time by worn change order, terminate this agreement as to any or all mroom of the goods then not shipped, subject to any ryr ial le adjustment between the parries as to any work or mmmals then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion of the goods anchor work, for incidental or constitutional damages, and that no such adjustment he made in favor of the Seller wall respect to any goads which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller ofany of their, oInflation, . m any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjuration most be asserted within thirty (30) days from the date the change Or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmrdnes that all goods sold hereunder dull have been produced, sold, delivered and furnished in stilt compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents w may be required to effect or evidence compliance. All laws and regulations rryulred to be incriminated in egummenut of this chmacter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGN'MENr. Neither party shall assign, .to, or convey this order, or any raredes due or to become due hereunder without the prior wnnm consent ofthe other party. 10. TITLE The Seller.mans full, clear and monstnmed title to the Purchaser for all equipment, mammals, and items famished in performance of this agreement, Gee and clear of any and all liens, resmictions, rescrvutimu, security interest -cumbmnees and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller in correct nonconforming or defective goods by a date ho be, agreed upon by the Purchaser and the Seller, and de, Seller thereafter indicates its inability we unwillingness to comply, the purchaser may cause the work to be performed by the mast capeditloos means available to it, and the Seller shall pay all casts associaud with such work. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any nature 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 to the directors, officers aml employees of such party. The Sellefs coulactuat obligations, including warranty, shall not be deemed On be tnduccd, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mmedal Or process coveted by levier, patent, tmdemah of copyright the Seller shall indemnify and save handless the Purchaser from any and all claims for infringement by reason of the use of such parented 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, or any part thereof or the intended use of the goads, is in such suit held to offshore infinut, ant and the use of said equipment or pert is enjoined, the Seller shall, at its own expense and at its option, either procure for the purchaser the right to ..none using said cgripmmt or pans, replxe the same with substantially equal but noninGrou, equipment or modify it is, it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall became insolvem or bankrupt, make an assignment for the benefit of creditors, appoint a receiver m ar muse for any of the Sellers property or business, this aide, may forthwith be canceled by the c Pu haser without liability. 16. GOVERNING LAW. The definitions of temu used or the interpretation urge agreement anal the nght of all parties hereunder shall he conslmed under and governed by the lawn of the Stare of Colamdre, USA. The following Additional Conditions apply Only in owes when the Seller is ho perform wank hereunder, including fire services of Sellers Repreamotimod, on the premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully reordered and accepted, and shall, in vise of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of use Purchaser. When materials and equipment are Famished by others for installolom or emetion by the Seller, the Seller shall receive, unlwJ, shore and hvmle same at the site and become responsible therefor as though such materials and/or rquiptmeat were being ftunisheJ by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupanionll disease benefits, to its employees employed on or in connection wish the work covered by this purchase under, and/or an their dependents in accordance with the laws of the state in which the work is to be dune. The Seller shall also carry comprehensive general liability including, bur nor limited to, contractual and antomobill, public liability insurance with bodily injury and &orb limits of at least S300,0Oo for any one person, S500,000 for any one accident and property damage limit per accident of S400,0(10, The Seller shall likewise requite his canmcton, if any, to provide for such compensation surd m—mnce. Before any of the Sellers or his contractors employees shall do any wank upon use premises of othcs, the Seller shall fumuh Ore Purchaser with a certificate that such compensation and insurance have been provided. Such rertifimta shall specify the date when such compensation and assurance have been provided. Such expresses shall specify the date when such compensation and occurrence expires. The Seller agrees that such compensation and insurance shall be maintained until after the -aim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby am. the -tire responsibility and liability for any and all damage, lass or injury orally kind r nature wharscever to persons or property caused by or resulting from the execution ofuse work provided for in this purchase order or in coemecluen herewith The Seller will indemnify anal hold hamdess the Purchaser and any r all of the purchasers olTcers, opium; and employees from and against any mad all claims, losses, damages, charges or expenses, whether direct or indimet and whether as persons or properly to which the Purchaser may So put or subject by mason of any act action, neglect, omission or default on the Pon of file Seller, any of his communist, or any of the Sellers or contractors othcers, agents or employres. In case any suit or he, proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any net, Orion, neglect, omission or default of the Seller of any of his contractors or any of its or their aHicers, agents of employees as aforesaid the Seiler hereby agrees to assume 'he defense thereof and to defend the same at Sellers own expense, to pay any and al I coons, charges, anont fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices. agents or employees in such suits or other proceedings, and in case judgment or other lien her planed upon or obasided against the Pepsi refuse Purchaser, or said partim in or as a result of such suits or other proceedings, the Sella will at ..on cause the some of be, dissolved and discharged by giving hard or othowise. The Seller and his formation, shall take all safety precautions, furnish and install all guards mcezvry for the Lamination of xcidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health AN of 1990 and all miss and regulations issued pursuant drumn. Revised 07Y 014