HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9140495 (2)Fort Collins
Date: 12/05/2014
Vendor: 103256
HACH COMPANY
PO BOX 608
LOVELAND CO 805390608
PURCHASE ORDER
PO Number Page
9140495 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: 12/05/2014 Buyer: PAT JOHNSON
Note: This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar
year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such
goods and/or services.
Line Description Quantity UOM Unit Price Extended
Ordered Price
5 Addendum to add funds
per requisition 48794
1 LOT EA
2,000.00
s Addendum to add funds 1 LOT EA 2,000.00
per requisition 48794
r Addendum to add funds 1 LOT EA 5,000.00
per requisition 48794
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
Total
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. COMMERCIALDETAIIS.
Tax exemptions. Dy statute the City airport Collins is exempt fmm state and local arms, Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of
Internal Revenue, Denver, Colorado (get Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whm shipped or due to defects of
damage in hanil, troy be renamed to you for credit and are not m be replaced except upon receipt of with
instructions from the City of Fort Collin.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
Final Acttplance. Receipt of the merchandise, se or equipment in response to Nis order can result in
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection pus edums.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, AM Wood St. Too Collins, CO 80522, unless
ofmrise specified on this order. Upmnission is given to prepay freight and charge separemly, the original (night
bill most aceommnv invoice. Additional character far=kind will act be accented.
Shipment Distance. Where manufacturers have distributing pain in cartoon pans of the country, shipment is
expected main the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sale coal all necessary perm., cenifiwtes and licenses required by all
applicable laws, regulations, ordinances unit mles ofthe state, municipality, similory or political subdivision where
the work is performed, or acquired by any other duly contituted public authority havin,,urisslinim over the work
of vendor. Seller further agmes 1. hold the City of Fort Collins harmless from and against all liability aed loss
ncurral by them by remain of an asserted or established violation of any such laws, regulations, ordirmmes, ales
and m,mmmens.
Aulbotization. All ponies to this contmet agree that the repreunatives are, in far,, borax fide and pis.. full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Furchau Order expressly limits acceptance to the terms and conditions Bared
herein set form and any supplementary or additional terms and conditions annexed herem or incorporated herein by
reference. Any additioml or different temp and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you canon make complete shipment to arrive an your
promised delivery date as awled. Time is of the essmee. Delivery and peif... most be etfccted within the time
stated on the Fruits. aide, and me documents auuhed hereto. No acts of the Purchasers including, wirhom
limitation, acceptance of partial lase ddivenes, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and egnimbl. remedies, the option of plating this order elsewhere
and holding the Seller liable for damages. However, the Seller stout] not be liable for damages as a result of delays
due to causes not easonably foreseeable which me beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authoritirs, goveromenal priorities, fires, strikes hood, epidemics, wars or
riots provided that notice of the conditions wising such delay is given to the Purchaser within five (5) days of me
time when the Seller firs, received knowledge thcre.f In me event of any such delay, the date of delivery shall M
extended for the period equal I. the rime actually lost by twson offs delay.
3. WARRANTY.
The Seller warrants that all goods, onicles, materials and work covered by this order will conform with applicable
drawings, specifications, wimples and/or other descriptions given, will be fit for me purposes intended, and
performed with the highest degree of care and competence m accordance with accepted standard for work of a
similar mire. The Seller agrees to hold the purchaser harmless fmm my Ins, damage or expense which the
pumhauf may suffer or itticur on aceoum of fie Sellers breach ofwurmaty. The Stiler shall topic.. repair or make
goad, without curt to the purchases, any defects or faults musing within one (1) yen or within such longer period of
rime as may be pmuribed by law or by the terms of any applicable waarnty provided by the Seller after the date of
acceptance of me good f fished hereunder (acceptance out to be muuasonbly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
omtimte a waiver of my claim coder this wananry. Except As otherwise provided to this paarham 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 shot 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 Purcbasen may make changes a legal ream by w'unen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to me terms, other than legal man, including addition to or deletion from
the quantities originally ordered in fe specifications or drawings, by verbal or omen change order. If any such
change affects the amount due or We time of perfommnce hereandeq an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change ordea remainam this agreement as to any or all ponioa of the
goods then not shipped, subject to any ryuiable militiaman, imam the parties as m any work or Materials men in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the unconsidered
portion crabs goods andnm word:, for incidental or coyuential damages, and that no such adjustment be made in
favor of fie Seller with respect many good which art the Sellers standard stack. No such tevniention shall relieve
the purchaser or the Seller ofany affair obligations in many goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or turria i.a is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnn that all good sold herouaWn shall have been produced sold, delivered and famished is am,,
compliance with all applicable laws and regulaiom m which the good are subject. The Seller shall exeevte and
deliver such ducummts as may be required to effect ea eviderwe compliance. All lax, and regulation required to be
ncorpommd in agreements of this character are hereby incorporated herein by this ref rice. The Seller agrees A
indemnify and hold the Purchaser harmless fmm al I costs and damages suffered by me Purchaser in a result of flu,
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, sMll assign, transfer, or cancer this order, or any monies due or to become due hereunder without me
prior written mment of the other party.
10. TITLE.
The Seller warants full, clear and unrestricted title to the Purchaser for all equipment, maintains, and it. fished
in performance of this agreement, free and clear of may and all liens, restrictions, reservations, sewdry named
ed
encumbrances and claims of other
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure a pm.,tiy notify the Seller in the event of a
breach, the acceptance afar payment for goods hereunder or approval off design, shall not release the Seller of
any of the wan'MIt. or obligations of this purchase order aed shall not be deemed a waiver of any night of the
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to my prior or subsequms default hereunder, ror shall any imported
card ansa feation or rescission of this purchase oMer by me Puchaser operate as a waiver of any of she terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in acutal e no is prar,ice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore fongood cause and as comiciemtion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hneafter
acquired under federal or sate antitrust laws for such overedutges relating to the particular good or services
purchased or acquired by the Purchaser pursuant to Otis purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller t. somen nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release me Purchaser and its contractors Orion, tiro from all liability and claims of my nature
resulting fmm the performance ofsuch work.
This relax shall apply even in the event of fault of negligence of oho parry released and shall extend m the
direct..,.11bers mad mrployees fsuch party.
The Seller's mnnamnal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to be performed by the Purchaser.
14, PAT'ENTS.
Whenever the Seller is required to use any design, device, ma Wool or process covered by letter, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser fiom any and all claims for management
by reason of the me of such patented deign, device, mmeual or pmcess in comedian with the roral and
Mail indemnify the Pumhuu, for any cost, expense or damage which it may be obliged to pay by reaon of such
a fringemem at any time darning [be prosmaioa m other the completion of the work. In case said equipment, or
any pan do reaf or the intended use of the good, is in such suit held to consulate infringement and the use of
said equipment or part is enjoined, the Seller shall, an its own expense and at its option, tither procure for the
Purchaser the night to continue using said equipment or pans, replace the same with substantially equal but
noninfdnging equipment, or modify it so it bwames noninfringing.
15. INSOLVENCY.
If fie Seller shall became insolvent or Maintain, make an assignment for me berefit of crediuma, ap who a
receiver or tmatee for any of the Sellers property or business, this order may forthwith be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions of to. used or the iana,mu ,ion of rase agreement and the rights of all panic hereunder shall be
am stmcd under and governed by the laws ofthe More of Colomdu, USA.
The fallowing Additional Condition apply only in taus where the Seller is to perform work hmeunder,
including the services of Sellers Rrymunatice(s), on the premises of others.
I). SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed eM occupied, and shall,
in se of any accident, destruction or injury to Ore work aams.r materials before Seller's final completion and
acceptance, complete me work at Sellers own expense and to the satisfaction of the Pea<hmtt. When materials
and equipment are fumishW by .then for installation or erection by me Seller, me Seller shall receive, unload,
stare and handle same at the site and become responsible therefr ss though such materials and/or equipment
ware being famished by the Seller under the order.
18. INSURANCE.
The Saner sail, at his own expertise, gracile for fie ar an m, of workers compemation, including wasi tiorad
disease bmefs, to its employees employed on or in comemion with me work covered by this purchase order,
aMsor to their dependents in accordance with the laws of the some in which the same is to be done. The Seller
shall also carry comprehensive general liability including, but not limited ro ontrcmal and automobile public
liability insurance with bodily injury and death limits of at lent 5300,000 for any one person, 5500,000 for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, to provide for such compenation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others the Seller shall famish fc Purchaser with a rerrificate
that such compensation and insurance have been provided. Such cerrificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify de date when such compensation
and inorave, expires. The Seller agrees that such compensation and assurance shall be cam mi i until after the
entire weak 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 of any kind
or nature whatsoever to persons or property crowd by or resulting main the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify aml hold hmmless the purchner and any
r all of the Purchasers officers, agents and employees (man and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or property to which the Purclsaher may
be put or subject by rwwa of any act, action, neglect, omission or lefaul, an the Four of the Sellea any of his
commerors, or any of tbe Sellers or contraceors olficars, agent or employees. In case any suit or other
proceedings shall be brought against tbe Purchaser, or its officers, agents or employees many time on account or
by reason of any act, action, milliliter, omission or default of the Seller of any of his contractors m any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defene thereof and to
defend the same at the Sellers own expense, to pay any and all casts, charges, anomeys fees and other expenses,
any and all judgmeak fat may be incurred by or obtained against the Purchaser or any of its or me..Rcers,
agents or employees in such snits or the, proceedings, and in case judgment or other lien m placed .Ron or
obtained again the property of the partial or said ponies in or as a mum of such suits car other proceedings,
the Seller will at exam wrtu the same or be dissolved mW diuharged by giving bond or otherwise. The Seller and
his cambanors shall take all safely precaution, fumuh aed tell all guards naessary for dia Formation of
accidents, comply with all has and regulation with regard to safety including, but wiffout limitation, the
Oecapatioml Safety and Health Act of 1970 ands all rules and regulators issued pursuant mere..
Revised 07R014