HomeMy WebLinkAbout102698 AMERICAN WATER WORKS ASSN - PURCHASE ORDER - 9147316PURCHASE ORDER
Date: 12/10/2014
Vendor: 102698
AMERICAN WATER WORKS ASSN
6666 W QUINCY AVE
DENVER CO 80235-3011
PO Number Page
9147316 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/10/2014 Buver: PAT JOHNSON
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
Membership Dues 1 LOT LS 5,490.00
1 /1 /2015 - 12/31 /15
y 14
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
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
L COMMERCLU.DETAIIS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm state am local tuna. Cur Exemption Number is
981 502. Federal Excise Tax Exemption Canlfiefor of Registry 84�60o0587 is registaed with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1993, Chapter 39-26, 114 (a).
Goods Imand, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions four the City of Fort Collins.
f smaction. GOODS art subject to We City of Fon Collins inspecrion on arrival.
Final Acceptance. Rceeipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Too Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent upon completion o(dl applicable required inspection procedures.
Freight Terms. Shipments must Its, ROD., City of Fan Collins, 700 Wood St, Fort Collie, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original frcighl
bill must acemmnanv invoice. Additional chance fur eatable le will not be armalm.
Shipment Distance. Where manufacturers have distributing points in vanmus parts of the country, shipment is
expected fmm the nearest dutnburion point m destination, and excess freight will be deducted firm Imvire when
shipments ate made fmm greater do...
Permits. Seller shall procure in sellers sole cast all necessary permits, certificates and licenses romiced by all
applicable laws, regulations, uNinances and ones of the stale, municipality, territory or political subdivision where
the work is performed, or rapuired by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees in hold the City of Fort Collie harmless from and against all liability and lass
incurred by Wen, by region of an asserted or mmb]UW violation of any such laws, regulations. ordiwnces, ales
and famirements.
Authorimtim. All ponies an this immul agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the rams and conditions stated
herein set fined and any supplementary Or additional tefrat and conditions annexed hereto or incorpeated herein by
ref fare. Any additional in different erms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your
promised delivery dale as acted. Time is of the essence. Delivery and performance must be eflbeted within the time
stated as the purchase order and the documents attached hereto. No tau of the Purchasers mfludng, without
Inflation, uceepurnee ofpanim late deliveries. shall operate as a waiver onhis provision. In the cent orally delay,
Use Purchaser shall have, in addition m other legal and blamable remedies, the option mplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages Of a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acta of God, ads ofcivil or military authorities, governmental priodtles, fins, strikes, flood, epidemics, wars or
rims provided Out notice of the conditions causing such delay is given f Use Puahuer within five (5) days of We
time when the Seller feat received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to We lime mainly lost by reaon off, delay.
3. WARRANTY.
The Seller warrants that all good, asides, mamrels and work covered by this order will confoor with applicable
dmwtngs, specification,, smnple, motion other descriptions given, will be fit for We purposes intended, and
performed with the highest degree of can and competence in accordantt with accepted mankind, for work of a
similar velure. The Seller agrees to hold the purchaser bvmless firm my loss, damage or experts, which the
Purchaser may sufferer incur on account of the Sellers breach ofwumnly. Tha Seller shall replace, repair a make
good, without cost to the purchaser. any defeeta or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the temp of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (accepanre not to he crimina ly delayed), resulting man imperfect
or defective work done or mmenak f ished by the Seller. Acceptance an sew of goad by the Perkasie shall not
mnsdtute a waiver, of any claim under this wananty. Excryt as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the batch of my of the foregoing warrants
or guarantees, but such liability shall in no event include loss ofprofts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may rake changes m legal terms by writ change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Ilion legal terms, including additions a or deletions fmm
the quantities originally ordered in fie specifications or m-in,, by verbal or wagon change order. If ony such
change effects We amount due or the time of afformance hereunder, an equitable edjustm at shall bm e ade.
6. TERMINATIONS.
The Purchaser may at any time by s anen change order, terminate this agreemem as so any or all podium of the
,.its then not shipped, subject to any yuiwble adjustment between the parties as to any work or materials then in
progress Provided that the Purchaser skill not be liable for my claims for anticipated pro0rs oa the uncompleted
Portion of the good candor work, fur incideml or consix,m ntial damage, and Unit no such adjustment be, made in
favor of the Seller with raped an my goods which art the Sellers standard stock. No such merriment skill relfeem
the Purchaser or the Seller army oftheir obligations as f my goad delivered hareunder.
y. CLAI MS FOR ADJUSTMENT.
Any claim for adjustmmt must be asserted within thirty (30) days fmm the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hertwder shall have been produced, sold, delivered and fmished in order
compliance with all applicable laws and regulations in which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorpommd in agreements of this chamder are hereby Incorporeal herein by this reference. The Seller agrees 10
indemnify and hold the Purchaser bannlas from all tarts and damages suffered by the Purchaser as a cult of the
Sella failure to comply wild such law.
9. ASSIGNMENT.
Neither parry shall assign, murder. or convey this order, or any marries due or to become due hereunder without the
prior wrinen consent of the other party.
10. TITLE.
The Seller wmrmts fill, a[. and mamcam title f the Purchaser for all equipment, materials, and items fimished
in performance of Wis agrcemeent, fire and dear of any and all diem, mucictimu, reservations, scoudry imam.
accordance. and claims of offers.
I L NON WAIVER.
Failure of the Purchamer to miss ss upon strict perfom of the moo, and conditions; hereof, failure an delay to
camene any rights m remedies favored herein or by law, failure to promptly family, the Seller in the ,at of a
breach, the eccepo nce Ofor payment for goods hereunder or approval ofthe design, shall not release the Seller or
any of the warranties or obligations of this purchase order and shall Out be deemed a waiver of any right of the
purchaser to insist upon strip performance hereof or any of its rights or remedies is to any such goods, regardless
of when shipped, received or attepted, as to any prior or subsequent default M1ereuMer, nor shall any purported
oil modification or rescission of this purchase order by the Purchaser opmme u a waiver of any of the temp
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser Tangnim that in actual economic practice, overcharges resulting from natural
violation, are in fact home by the Purchaser. Thttctaforefor ugood cause and as consideration for executing this
Purchase order, the Seller hereby assigns as the Purchaser a, and all claims it may now have or hereafter
xgtifed uomer fedend of mute an ficam laws for such overcharges relating to the particular goods or services
purchased m national by the Purchaser pursuant Of this purchase eider.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Pufchsser directs the Seller to coned nonconforming or defective good by is date to be agreed upon by the
Purchaser and she Seller, and the Seller throat indicates its inability or unwillingness to comply, the Ptuchastt
may cause the work m be, performed by the most expeditious mean, available f it, and the Seller shall pay all
vests associated with such work.
The Seller skill release the Puahaser and its ev ntmemrs or any her 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 rclmud end shall errtrnd to the
directors, oRcaea and employees of such party.
The Settees contactual obligations, including warranty, shall not be darned to be reduced, in any way, because
such work is performed or caused an be reckoned by the Purchaser.
14. PATENTS.
Wbeneverthe Seller is required to use any f aim, desire, material or mgm. covered by liner, patent, rmdemark
or copyright, the Sella shall indemnify and save hmnles the purchaser firm any and all claims for infringrnrcnt
by maven of the use of such patented designs, desire, material or process in connection with the counter, and
shall indemmify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the poscemion or after the completion of the work. In case said equipment. or
my pan thereof or the intended use of We goads, is in such suit held to coestate infringement from the use of
said equipment or pan is enjoined, the Seller shall, at its own expeee and at its ophou. either procure For the
Purchaser the right to continue using said equipment or parts, replace We same with substantially Wral hot
rmninfanging equipment, or modify it so it becomes mninffingifil
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
receiver or mstre for any of the Sellers property anbusiness, this earlier my forthwith be canceled by the
purchaser without liability.
16, GOVERNING LAW.
The definition, of terms used or We interpretation offee agreement and the fights frill parties hereunder shall be
amtnued under and premium by We laws of tha Sat ofCciloudo, USA.
The following Additional Conditions apply only in ears where Use, Sella is 1m ham. work heremder,
including the services of Sellers Im asenutive(s), on the Premises crumbs.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry oa said woR fat Seller's own risk until the same is fully mandum and accepted, and shall,
in ass of any accident, de aucomn or injury Or the work and/or matey aLs before Seller's raw[ completive and
zcceptsnce, amplde the work m Sellers own expense and to the satisfaction of the Purchaser. When mama nds
and oryipment arc Famished by others for insulladon or mciion by the Seller, We Seller c er shall eive, milord
store and handle same at the see and become oreacc ble therefor a though such materials rut equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including accupatiowl
disease benefits, to its employees employed on or in connection with the wok covered by this purchase order,
ral to their dependents in accordance with We laws of the sure in which the work is to be done. The Seller
shall clear carry comprehensive general liability including, but not limited to, contactual and automobile public
limility insurance with bodily injury and death limits of at least titanium for any one person 5500,000 for any
one accident and Impact, damage limit per accident of S400,000. The Seller shall likewise rapture has
comma m, iF- , In provide for such compen,man and ieurame. Befit any of the Sellers or his rontmetors
employees shall do any wok upon the premises of others, the Seller shall fimuh We Pluchaser wind a certifeate
Out such compensation and insumnce have been provided. Such certificaes shin speciry the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire walk is completed and mcamed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nownres the mtbe apamibility and liability for my and all damage, loss or injury orally kind
or nature whensoever to persons or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith The Seller will indemnify and hold harmless the roo k ina and any
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
changes or expenses, whether direct or indict, and whether a person, or property to which the Purchaser may
be put or orbiter, by reawn of any act mama neglect, omission m default on the pan of the Seller, any of his
conractors, or my of the Sellers or informers otLcers, agents or employees In case any suit or other
promm ngs shall be bought against the Puchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his comramors or any of its or
their officers, agents or employees as nforcsaid, the Sella hereby agrees to assume the defense thereof and to
defend Ore same at the Sellers own expense, to pay any and all costs, charges, atfineys fas arm Other expenses,
my and all judgmenu that may ha medical by car obtained egaimt the Purchaser w any of its or Weir, officers,
agents or employees in such suits of other proceedings, and to case judgment mother lien M placed upon or
obtained agaie, the primarily of the Purchaser, or said p rdia in m as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his manufacture shall take all safety precautions, Finnish and install all ground necessary for the prevention of
accidents, comply wit all laws and regulations with regard to safety including, but without limiubok the
Oceupotiowl Safety and Health Act of 1970 and ell rma and regulations issued pueauavn theref.
Revised Dn(314