HomeMy WebLinkAbout230686 B H ENTERPRISES INC - PURCHASE ORDER - 9146125Fort Collins
Date: 10/21 /2014
Vendor: 230686
B H ENTERPRISES INC
935 YEW COURT
LONGMONT CO 80504
PURCHASE ORDER
PO Number Page
9146125 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 10/20/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Cationic polymer
inv 3623
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
20, 344.20
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 sawn the City of Four Collins is exempt fmm sum and local Orion. Our Exemption Number is
I L NON WAI VER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is offsered with the Collector of
Failure of the Pumhuer to inset upon strict performance of me terms and candidates hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorada Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or marriages provided herein Or by law, fail.. a pmmpny nmify the Seller in the event Of.
breach, the acceplmce of or payment for bands hereunder or approval mthe design, shall nos releree he Seller of
Good Rejected, GOODS REJECTED due ro failure to meet specifications, either when shipped or due to defects of
day Of be waaandes or obligations of this pmclwx order and shall no, he deemed a waiver of any right of the
damage in transit, may be remanded to you for credit and ann not to be replaced except upon receipt of narrow
purchuer to insist upon strict performance hereof or any of i. her of remedies in to any such goods, talking.
irampre ime, firm the City ofFon Collins.
of when shipped, received or acaptcd, as to any prior or subsequent default hereunder, nor shall any purported
and modification or rescission of this pumhax order by the Fournier operate as a waiver of any of the mrsm
Inspection, GOODS are subject to the City of Fart Call ins inspection on arrival,
hereof.
Final Acceptance. Receipt of dus, memhandix, services or equipment in realistic 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 understand that FINAL
Seller and the Purcbaxr mangnce that in azwl economic practice, overcharges resulting fmm mmmsr
ACCEPTANCE is depending upon completion of all applicable requital inspection procedures.
dolatiom ere in fact home by the Purchaser. Theremfu¢, for good roux word u consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may caw Rise or hereafter
Freight Penns. Shipments must be EON, City O1Fort Collins, 700 Wood St., Fart Collins, CO 80522. unless
acquired under Lateral or sole antitrust laws for such ovembwoges mining to the particular Good or services
Otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by me Purchaser pursuant o this porchax order.
bill mean acco re any invoice Additional cluddes for packing will not be demand.
Shipment Distance. Where manuladdi ers have disuibiting points in m pans of the swum,,, shipmenl is
expected from the nearest distribution point to deslimtion, and excess freight will be deducted from Invoice when
shipments are made arm greater distance,
Permits. Seller shall prwvre at sellers sole cost all necessary permits, anifcams and licenses required by all
applicable laws, regulations, ordinances and rules of me sum, municipshor. territory or political subdivision where
the work is performed, or umpired by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins huntress from and against .11 Irish;[;,, and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All panics to this contract agree that the reprexnutives are, in furl, bona fide and possess full and
complete authority In bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the corms and conditions ached
herein set fond and any supplementary or additional terms and conditions annexed hereto or manpower] herein by
refetwee. Any additional or different terms and conditions proposed by sells are objected m and hereby rejeeled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve an your
promised delivery date as noted Time is of the essence. Delivery and performance thus, be effected within the time
stated on me purchase order and the documents merchant hereto. No acts of the Purchasers including, without
limialion, accordance of partial late delivma, shall operate as a waiver of this provision. In the even of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, me option ofplacing this order elsewhere
and holding the Sella liable for damages. Howeveq the Seller shall not be liable far damages as a result of delays
due to causes not reassembly foreseeable which me beyond its reasonable control and without its fault of negligen m,
such mu of God, acts of civil or on litany authorities, govemmemal priorities, fires, makes, Rood, epidemics, wars or
riots provided that notice of me conditions causing such delay, is given to me Ruchaser within five (5) days of the
time when the Seller first received knowledge thereof. In he event of any such delay, the date of delivery shall be
extended for me period equal to the time actually last by reamer of me delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials mad work covered by this order will conform with applicable
drawings, spscifcatiom, samples and/m other descriprions given, will be RI for me Purposes intended and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may rather or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good without cost to fee purchaser, any defects or fauhs arising within one (I) year or within such larger period! of
time as maybe prescribed by law or by me tomes army applicable warunry provided by me Sella after Be date of
acceptance of me goods Famished hcnnuader (acceptance not to be unreasonably delayed), resulting from impart t
or defective wod done or nationals famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this warranty. E,ow,t as otherwise provided in this purchase order, the Sellers
liabil iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or graamas, but such liability shall in no event include loss of prods or lass 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 "lien change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m me menu, other than legal to., including additimes m of deletions fmm
me quantities originally tongued in the sponflo Lions or drawings, by verbal or written change order. If any such
change afiects the amount due or the time ofperfotmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may or my fime by wrinm change order, temriate this agreement as . any or .11 purfioti of the
goods then not shipped, subject to any equitable adjusment between me parties in to any work or materials that in
progress provided that flit Pumhsser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which we the Salim standard stack. No such termination shall rel I,.
the Purchaser or me Seller order of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days ft= the dale the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been pmdueed, sold, delivered and famished in indict
compliance with all applicable laws and regulmimas as which the goods arc subject. The Sella shall execute and
deliver such documents a may be required to effect or rvidence compliance. All Incas and regulations required la be
incorporated in agree menrs of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchased: harmless firm all an. and damages suffixed by me Purshader a a result of the
Sellers Inifre to comply with such law.
9. ASSIGNMENT,
Neither party shall assign, o-anefer, or convey his order, or my monies due or to became due hereunder without the
prior wrinen comsat of the other party.
10. TITLE.
The Sella warrants full, clear and wrowm cled title to me Purchuer for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all tiers, restrictions, reservations, security interest
oncumbormas and claims of offers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser dinners the Seller to torten nonconforming or defective goods by a date to Im agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness In comply, the Purchaser
may thaw the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated wind such work.
The Seller shall release the purchaser word its contacmrs of any tier fmm all liability and claims of any use.
resulting GOm me parfomaunre of such work.
This release shall apply even in the cvem of fault of negligence of the parry nnletied and shall extend la the
directors, officers and employees of such party.
The Shcds contractual obligations, including warranty, shall not be seemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wbenever be Seller is required to use any design, device, material or Process covered by leffa, paten,, eademmk
or copyright, the Seller shall indemnify and save harmless me Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in counalion with the contract, and
shill 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 alter the completion of the work. In caw said equipment, or
may pan thereof or me Intended use of the good, Is In such suit held m co mitude Infringement and the use of
said equipment or pan is enjoined, the Seller shalh at its own expense and at its option, either procure for the
Purchaser the right to continue using said enrolment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfn'nging,
15. INSOLVENCY.
If me Seller shall become insolvan or baok-upt, make an assignment for me benefit of combars, appoint a
or nudee for any of the Sellers proper or business, this order may forthwith be .1d by me
Purchaser without liability.
16. GOVERNING LAW,
The deftniniom ofterms used a the im alrnatio s of the agreement ward he rights of all pries he.urder shall be
cmastmed warn and governed by the laws ofrhe Sate ofColoado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repmxnatn eD), on he premises ofolhers.
U. SELLERS RESPONSIBILITY.
The Sells, shall carry on said work at Solicits own risk ,it the same is fully wmpined and accepted, and shall.
in re of any accident, destruction or injury m the work anchor materials before Seller's final complement and
acceptance, complete the work at Sal lees awn expense and to the satisfaction of the Pumbaef. When materials
and equipment are Ibmished by others fir installation or erection by the Seller, the Seller shall receive, unlaad.
store and handle same at me site and become rapmssible therefor as though such materials annular equipment
cane being fmished 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 benefi., to its employees employed on or in connection with the work covered by this purchase order,
anchor to their dalmatians in msmrdance with the laws of the sure in which me work is in be done The Seller
shall also carry comprehensive general liability including, but not limited to, commercial and automobile public
liability insurance is jib Wily injury and dean limits of in law S300pW fro any one person, SSW." W any
one accident and property damage limit per accident of $400,000. The Seller shall Iikewile require his
contractors, 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 f ish the Purchaser with a certificate
dial such compesatim and insurance have ban provided. Such cenificma sMl1 specify dre date when such
compensation and Insurance have been provided, Such ctnifcames shall specify Be dale when such compensation
and insurance expires. The Seller agrees that such compenation and insurance shall be mmeartmed until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby manumasthe=tire rapanduity and liabilityfor my and all damage, loss or injury ofany kind
r nature whatsoever to persons or property roused by or resulting from the execution crew work provided for in
this purchase order or in mnnecom, herewith, The Seller will indemnify and hold harmless the Purchaser and any
r all if the Purchaser officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by radon of any not, action, neglect, omission or default on she Pro of fee Selleq nay of his
contractors, or any of the Sellers or contractors afters, agents or employees. In and any suit or other
proceedings shall be brought against this Purchaser, or its officers, agents or employees at any time on account or
by ram. of any sec,, action, neglect, omission or default of me Seller of any of his contactors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend me same at me Sellers awn expense, to pay any and all casts, charges, ationat fees and other expenses,
any and 01 judgment that may be incurred by or obtained agaim, me Fontana or any of its or their officers.
agents or employees in such suits Or other proceedings, and in care judgment or other lien be placed upon or
obtained against the property drift, Purchaser, or said parties in or m a result of such suits or other proceedings.
the Seller will as once a.. the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precaramom, furnish and install all guards nacexary for the prevention of
accidents, comply wind all laws and regulations joint m cad ,o safety includin, but without limitation, the
Occupational Safny and Health Act of 1970 and all rues and regulations issued pursuant flcrem.
Revised 07n014