HomeMy WebLinkAbout113125 NORTHERN COLORADO WATER CONSERVANCY - PURCHASE ORDER - 9146497PO
PURCHASE ORDER 914649er Page
C117/ of PURCHASE
46497 t of 2
' `tCollinsr This number must appear
` V on all invoices, packing
sli s and labels.
Date: 11/05/2014
Vendor: 113125 Ship To: WATER TREATMENT PLANT #2
NORTHERN COLORADO WATER CONSERVANCY CITY OF FORT COLLINS
DISTRICT 4316 W LAPORTE AVE
220 WATER AVE FORT COLLINS CO 80521
BERTHOUD CO 80513-9245
Delivery Date: 11/05/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 2014 Collaborative Emerging 1 LOT LS 12,625.00
Contaminants Monitoring Program - Analytical Cost
A
ilini�i
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.00m
Total $1
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins h exempt fmm state and Imal taxes. Our Exemption Number is
I I. NON WAIVER.
9g V4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser on insist upon strict performance of the terms am comforts hereof, failure or delay his
Internal Revenue, Denver, Colorado (RcL Colorado Revised Stamps 1973, Chapter 39-26,114 (a).
exerrise my rights or remedies provided herein or by hw, failure to promptly notify the Seller in the event of a
breach, the acceptance arm payment for good hereunder m approval ofthe dpsi m. shall cot release the Seller of
Good Rejected, GOODS REJECTED due to failure coo meet spoeifiwmim s, either when shipped M due an defect of
any of the warranties or obligations of this purchase older and shall not he deemed a waiver of any right of the
damage in sour, may be returned to yam far credit and art not or b , replaced except upon receipt of women
Purchaser to insist upon strict Performance hereof or any of its rights or remedies M many such goods, regardless
instructions fmm the City of Fart Collirsss
of when shipped, rmcived m accepted, as a my prior or subsequent default hereunder, rim shall my purported
am[ modification or rescission of this purchase order by the Purchaser operas in a waiver of any of the terms
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this older ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fart Collins. However, it is to he understood that FINAL
Seller and the Purchase( mcogrom mbar in ar,ml economic practice, overcharges resulting from antitrust
ACCEPTANCE; is dependent upon completion of all applicable required inspection procedures.
violations ore in Tam home by the Purchaser. Theretorme,nforr good cause and M consideration for executing this
purchase order, fie Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.E., City of Fort Collins. iW Woad St., Fort Collins, CO 80522, unless
acquired under Bimetal or sum antitrust laws for such overcharges relating to the particular goods or services
ahensvo, specified an this other. lfpemrission is given to prepay frtighl and charge se,monly. the argued freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
I3.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Where menufact have dis is
ram nand exc s vmo c pans the coumin
if Purolator, nonconfoiming or debility good by . dateants to be agreed Ne
ll,ffic a froSeller
s. byPurchaser
r,
xShipment
tree.
prior destination,de Invoicew
expectedfrom the nearest distribution point taw destitution, and excess freight will be deducted (tam Invoice when
d ,Sells
Purchaser and the a d the a ll
as
Purchaser and he Seller hereaRa indicates its meals
unwillingness to comply, them[
shipmcnu art made from greats distance.
Shipments
work to ch v
may cause the wad by the meat expeditions means available to it, eta Ne Seller shall pay all
pay
mrfovned
s
costs associated with such wad.
Permits. Seller shall procure sellers sole east all ue permit, and licenses mquirtd by all
salary
,formal,
ordinances and tales stain, m or political subdivision where
applicable laws, rd ary,
The Seller shall mime the Pushover and its romrwmrs ofnny Tier from all liability and claims army natun,
type
omy ha
required by any older, duly ronsrimod publicauthodry luvingjinsdill lips ma the wad
performed, r o public
,he walk is performed,
resulting fmm the pert ¢ofsucM1 weak.
rr
vendor Seller fuller agrees to hold the City Pon Collins families fmm eta all liability eta lass
efulan
by them by reason of an assrned or established violmion of tiny, such laws, regulations, ordinances, rules
in li
This release shall apply e'en in the mcpr of fault of negligence of rM1< parry releccd and shall exrmd to the
end requirement.
and req
directors, oRcers and employees ofsuch patty.
Authorization. All panic to fis contract agree that the rew unlalives ate, in fact, bona fide and possess fall and
omplde authority to bind said ponies.
1.1 Mr! AT ION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions seamed
herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any rulditinual or different terms and conditions proposed by seller are objecrdd to end hereby rejearm.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date M noted. Time is of he essence. Delivery and performance must he effected within the time
sated an the purchu order and the descements attached herelo. No acts of the Purchwers including, without
limitation, acceptance ofawmal late delivena, shall upward a a waiver of this provision. In the event crony delay,
the Pu rldow shall h vet, in addition a other legal and equitable remedies, rho option o iginding this order elsewhere
and holding dR Seller liable for damages. Ho cesan, the Seller shall not be, liable for damages as a result of delays
due to causes not masorobly foreseeable which on, beyond it reasonable formal and without its fault of negligence,
such acts of God, acts of civil or military condemns, gmcmmrntl pnomies, Ras, shkes, Rood, epidemic, wars or
not provided that notice of the conditions easing such delay is given to the Purchaser within five (5) days of the
time when the Sella firm received l owledge thereof In fie event ofnny such delay, the date of delivery shall be
extended for the pent equal to fie once windly last by reams of the delay.
3. WARRANTY.
The Seller warrants Nat all goods, months, materials and work covered by this older will conform wit applicable
dmwings, specifications, samples anNor other descriptions given, will be Fit for the paposes intended, and
performed with the highest degree of care and compatence in accordance with accepted sanded for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage of expense which the
Functional may super or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
grad, vat awl cost to the purchase, any defects or builds wising within one (1) year or within such longer period of
time M may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dine of
acceptance of the good furnished hereunder (arneFtnce not be umeasonubly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under fir womanly. Except a wherwise provided in his purchase order, the Sellers
liability hereunder shall extend to all damages pmxirnaely caused by the breach of my of the foregoing waramies
or guarantees, but such liability shall in no event include loss of profits or lops of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
Far Purchaser may make changes to legal terns by wrinen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke any changes a the umt. other than legal terms, including addition to or deletions man
fie quantities originally ordered in me speeiftestiom or drawings, by verbal or wrnen change olden. If any such
change affects the amount due or the time ofper wwwc hereunder. m equitable adjustment shall be mine.
6. TERMINATIONS.
The Purchaser may at any time by women change other, mrmi ene this agreement as a any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panic m to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted
portion of be g«ds:mdfor work, for incidental or consequenlial damages, and that no such adjustment be made in
favor of the Sel let with mi,so m In any good which are the Sellers standard stock. No such termination shall relieve
he Purd,ow or line Seller of tiny of their obligations as a any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim 1'or adjustment must be asserted within thirty (30) days from the date the change or termination is
mden,d.
8. COMPLIANCE WITH LAW.
The Seller warrant Wt all goods sold hereunder shall have been produced, sold, delivered and barnstorm in stir,
compliance with all applicable Loss and regulations to which the goads art subject. The Seller shall execute and
deliver such document m may be required to eRect of evidence compliance. All laws and regulations required to be
incopoated in agreement of this cherrimer are hereby incoryoraad herein by this reference. The Seller agrees to
indemnify and hold the Pumbaer hrmlecs fmm all cash and damages SuReed by the Purchaser as a result of he
Sellers failure to comply with such hw.
9. ASSIGNMENT.
Neither party shall assign, couramr, or convey Nis coder, or any monies due or in become due hereunder wlfrut the
prior wnnen consent of fie other party.
10. TITLE.
The Seller warrants full, clear and utvesWcted title to the Purchaser for al equipment, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, maturity interest
encurommurs and claims of others.
The Seller's comartual obligarons, including waramy, shall far be dermal to be injured. in any way, because
such work is performed or caused to be pefformed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device material or process covered by lens, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser ern any and an claims for infringement
by rcuwn of the use of such patented design, device, material or process in connection with the contact, 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 proseculion or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goad, is in such suit held to consulate infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right m continue using said equipment or pans, replace the Same with substantially equal but
noninMnging equipment, or modify it on it becomes noninfdnging.
15. INSOLVENCY.
If the Sella shall become insolvent or Cankmp, make an acsignam.I for the benefit of credi ma, appoial a
or trustee for any of the Sellers pmpeny or business, this aide, may foMwith be ceni by fie
Purthutt without liability.
16. GOVERNING LAW.
The definirimts arm. used m the wreopn,ution of the agreement am the lights of sell ponies hr,eumer shall be
continual under and governed by the laws offe Sure of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to pert work hereunder,
including the services of Sellers Ri p ws, atwon), on the premises of others.
It. SELLERS RESPONSIBILITY.
The Seller shall carry on said work tar Sellers own risk until the tame is fully completed and acceprm, and shall,
in c of any accident, destruction or injury in the work disbar materials before Sellers fill completion and
acceptance, complete fie work at Sellers awn expense and to the Satisfaction of the P rchrow. When materials
and equipment are famished by when for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as Tough such nowevals and/or equipment
were he, fumuhd by the Seller under the order.
18. INSURANCE.
The Seller shall, tit his own expense, provide for dre payment of workers compensation, including occupational
disease benefit, to in employees employed on or in connection with the work covered by this po chow order,
W&M to their dependent in accordance will the sews of the store in which the work is to In, done. The Sella
still also cant' comprehensive general liability including, but net limited to, mnlannd and automobile public
liability insurance with bodily worry and death limit of 0least S300,00C, for any oae person, SSW,W0 for my
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
ottoman, if any, to provide for such ropmereamion and insurance. Before any of the Sellers or his contactors
employees shall du any work upon the premises of others, the Seller shall famish the Purchaser with a cenifica c
that such compensation and -nature have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cer ifieales shall specify the date when such compensation
and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after fie
entire work is completed end accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability 1'or any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from me execution ofthe work provided for in
this purchase older or in connection herewith The Seller will indemnify and hold harmless he Purchaser and any
r all of the Purebooers officers, agents and employees from and against my and all taint, losses, damages,
charges or expenses, whether direct of indirect and whether to perawas or property to which the Purchaser may
be put or subject by remain of any tar, acuon, neglect, omission or default on the For of he Seller, my of his
cuntacon, or my of the Sellers o contractors officers, agent or employees. In case my suit m offer
proceedings shall be brought against d Purchaser, or it officers, agent or employees at my time on..I or
by reason of my xdf action. Millecq omission am default of the Seller of my of his com radars m my of it a
heir oRcers, agent to employees as aforesaid, the Seller hereby agrees to assume the defense hereof and to
defend the same at Ne Sellers own expense, to pay my and all cost, charge, attorneys fees and other expenses,
my and all judgment thl may be, incurred by or amounted against he Purchaser or my of in m their offers.
agent or employees in such wit or other proceedings, and in cue judgment or other lam ho placed upon or
obtained against he property of the Pmchasa, or said probes in or in a result of such suits or other procemwgs,
he Seller will at once cause Ne same to be dissolved and diaM1arged by giving bond or otherwise. The Seller and
his contractors shall take all Safety precautions, famish and install all guards naatory for the prevention of
accident, comply with all laws and regulations with regard m safety including, but withoul limitation, the
Occupational Safety and Health Act of 1990 and all tales and regulations issued pursuant thereto.
Revised 07R014