HomeMy WebLinkAbout118859 NIAGARA CONSERVAION CORP - PURCHASE ORDER - 9147370PO
PURCHASE ORDER 914737 Number Page
City of PURCHASE
9147370 1 of z
' `tChis number must appear
` Collins1 1�7 on all invoices, packing
�slips and labels.
Date: 12/12/2014
Vendor: 118859
NIAGARA CONSERVATION CORP
45 HORSEHILL RD
CEDAR KNOLLS NJ 07927
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/12/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i COMMUNITY PROGRAMS
1 LOT LS
STEALTH TOILETS TANK/BOWL
4 pallets: Deliver to corner of Howes R Maple, contact
Nick Jovene at 970-221-6277 or njovene@fcgov.com prior to delivery to
coordinate delivery time
16,338.00
2 pallets: Save More Self Storage at 677 Linden St., contact Megan Butler
at 970498-6081 or mbutler@larimer.org <mailto:mbutler@larimer.org> prior to delivery.
2 COMMUNITY PROGRAMS 1 LOT LS 1,200.00
ROUNDED SEAT
3 COMMUNITY PROGRAMS
WAX RING/BOLTS
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.00m
1 LOT LS
375.00
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 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Port Collins is exempt from smte and local taxes. Our Exemption Number is
II. NONWAIVER.
98-04503. Federal Excise Tax Exemption Cm item, of Registry 84-6000587 is registered with the Collector or
Failure of the Purchaser to insist upon smct performance of the terms and conditions hereof, failure or delay to
Interest Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, future to promptly rarefy the Seller in the event of
breach, the acceptance ofor pmymmt for goods hereunder or approaal ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of
any of the waermlies an obligations of this purchase order and shall tut be ddmd a waiver of any right of the
damage in transit, may be roamed to you far credit and are or to be replaced except upon receipt of WHOM
Purchaser to insist upon social performance hemafor any of its rights or remedies as to any such goods, regardless
instructions fmm the City effort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms
Inspection. GOODS are subject to the City of Fos Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response an this order can result in
I2. ASSIGNMENT OF ANTITRUST CLAIMS.
mdurived payment on the pan of the City of Too Collins. However, it is to be understood than FINAL
Sella met the Purchases recognize that in acnml eversomw practice, overcharges resulting fmm at.,
ACCEPTANCE is dependent part ..plan. ofall applicable mounced inspection procedmax.
violation me in fact theme by the Prrchaser. Theretofore, for good cause and as considerstion for executing Was
purchase order, the Seller hereby assigns to the Purehaer any card all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fun Collins, Too Wmxl St, Fort Collins, CO 80522, unless
acquired under federal or astute ontitcaq laws for such overcharges relating to the particular grads or services
otherwise specified on this order. U permission is given to prepay freight and charge separately, the Original freight
purchased or acquired by the Pumhoser pursuant to this purchase orde,
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers lave distributing points in various ports of the country, shmani is
If the Purchaser directs the Seller to correct mnwnfrrrnlng or defective gent by a date to be agreed upon by the
expected form Ne nearest distribution Point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Sella, ad due Sella thereafter andiwtes its mmuliry or unwillingness m comp)y, the Purchaser
shipments am made fmm greater distance.
may cause the work to d pinformd by the most expeditious means available to it, and the Sella shall pay all
casts associated with such work.
Permits. Seller shall pmcurc at sellers sole cost all necessary permits, cesificams and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
T he Sella shall release the Purchaser and its contractors or any it,, fmm all liability and claims of any nature
the work is performed, or required by any other duly constituted public authority haeingjunadiction over We work
resulting from the performance of such work.
of vendor. Sella Radius( agree to hold the City of Fort Collins battle. from sod agains, all liability and lass
trimmed by them by reason of an mseded or established violation of any such laws, regulations, ordinances, tales
This .1. shall apply even in He event of fault of negligence of the pally released and shall extend to the
.it ref irements.
directors, officers most employees of such party.
Authorization. All parties W this contract agree that the representatives are in fact, bona fit, and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set tomb and any supplementary or additional terms and conditions mmexed hereto or incorporated herein by
reference. Any additional in different morn and conditions propound by seller are objected to and hereby injected.
2. DELIVERY.
PLEASE ADVISE, PURCHASING AGENT immdiately if you cannot make complete shipment m arrive on your
promised delivery data as noted. Time is of the essences Delivery and performance must be effected within the lime
anted oa the purchase order and the documents attached harem. No acts Of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Primitive, shall have, in addition to other legal and equitable remedies, the option ofplaci, this order elsewhere
and holding the Sella liable for damages. Hammer , Ha Sella shall Out W liable (m damages On a result of delays
due to comes not reasonably foraaable which are beyond its resposible control and without its fault of negligence,
such acre of God, acts ofcivil or military outhomies, governmental priorities, Ores, strikes, BOOB, epidemics, wars or
..is provided that notice of the conditions running such delay is given to the Purchaser within five (5) Jays of the
time when the Seller first received knowledge therm! In the event of any such delay, the date of delivery vital] be
extended for the period equal to the time actually lost by ¢awn of the delay.
3. WARRANTY.
The Sella watrmb, Nat all goods, entries, mmerals mad week coverd by this other will conform with applicable
drawings, specifications, sample rdmA r other descriptions given, will be fit for the purposes intended, end
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 handless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wmenty. The Sella shall replace, repo it or make
good, without cost to the purchaser, any defects or faults getting within one (1) year m within such longer Pend of
time m may be prescribd by law or by the tears of any applicable waaanly providd by the Sella after the date of
accepmme of the goods perished harmaWer (acceptance rent to be unreasonably delayed), resulting from impafml
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
omfmte a waiver of any claim under this warmmy. Except as otherwise provided in this purchase 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 shall in no event include loss of profits or loss 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 team by wriltm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the snuo.,the, than legal terms, including Winans to or deletions fmm
the quantities originally ordered in the inceirica,se, or drawings, by verbal or wriren change order If any such
change affects the amount due Or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parcbaser may in any time by women change order, terminate this sgrecman as W any or all poniom of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims me anticipated profits on the to wmpleted
Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be node in
favor of the Seller with respect to any pounds which are the Sellers standard stock. No such lamination shall relieve
the pardoner or the Sella along nftheir obligations as to any goods delivered hereurda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wancers that all good sold hereunder shall lave been prdoced, sold. delivered end famished in strict
compliance wit AI applicable laws and regulations to which the goods am subject. The Sella shall execute and
deliver such documents as may to earned to effect or evidence compliance. NI laws and regulmioes required to be
incoryomtd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Porch user harmless ftom all costs and damages suffeml by We Purchaser v a result of the
Sellers failure to comply with such On.
9. ASSIGNMENT.
Neither parry shall assign, dansfer, or convey this order, or my marries due or r become due bertunda without the
prim waimen moment ofthhe other parry.
10. TITLE.
The Seller warrants full, clear and unresnicted title to the Purchase for all equipment, materials, and items famished
in performance of this agreement, free and clear of my and all Item, restrierioru, reservations, security interest
encumbrances and claims of others.
The Sellefs contractual obligations, including warranty, shall not be deemed W be reduced, in any way, because
such work is perfurmd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required W use any design, device, matcnal Or process covered by loner, patent, trademark
Or copyright, the Seiler shall indemnify and save harmless He pushover, Even any mad all claims for infringement
by reason of the use of such patented deign, 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 goods, is in such suit held to constitute infnngemem and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, enter procure fun the
Purchua the right to mntwue using said equipment or pass, replace the same with substantially cgml but
noninfnging equipment, at modify it m it becomes aoninGaging.
15. WSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or bosiness, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERSUNG LAW.
The defirmaning of tcrtns used or the interpretation eftbe agreamest and the rights ofall panics hereunder shall to
command under oral gommd by the laws of the Stem ofColoader, USA.
The following Additional Conditions apply only in ruses where the Sella is W perform work hereunder,
including the services of Sellers Rcpresenative(s), on the premises of ohers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work it Scllas own risk until the same is fully complerd and accepted, and shall,
in rase of any accident, deduction m injury On the work appear materials bet Sellefs final completion and
acceptance, complete the work at Sellers own expense and m the satisfaction of the purchases. When materials
and equipment we furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials surfer equipment
were being famished by the Seller underthe order.
18. INSURANCE.
The Sella shall, at his own explicate, provide for We Wymmt of workers mmpenvtioa including necupmional
disease benefits, to its employees employed on or an connenion with the weak coverd by this Purchase order,
and/or r their dependents in accordance with the laws of the state in which the work is to be done The Sella
shall alsa carry comprehensive general liability including, but not limited to, contractual and automobile public
limil iry insurance with bodily injury and death limits of at men 8300,000 for any one parsons, S500,000 for any
raw accident and property damage limit pa accident of $400,0(1). The Seller shall likewise require his
ontractors, if any, to pmvide fen such compensation and insurance. Berate any of the Sellers or his coneramory
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate
then such c mpemation and overcome have been provided. Such eenifesta shell specify the dare when such
compensation and insumnce have ban Provided. Such affi rates shall specify the date what such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall he mainmined until alter We
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Salle hereby assanea Ne retire resp,nsibddy and liability far any mad OR damage, lass m injury of any kind
r nature whatsoever to persons or property caused by Or resulting farm the execution ofthe work providd for in
this purchase other or in comection herewith. The Seiler will indemnify and hold homeless We permit. ad any
r all of the Purchasers officers, agenU and employees Crum and against any and all claims, losses, damages,
charges or expenses, whether direct or indirecl, and whether to persons or popery to which the Purchaser may
to put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors offices, agents or employees. In case any suit or other
progna s shall be brought against the Purchnsa, or its affairs, agents or employees at any time on recomt m
by reason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its Or
their officers, agents or employees as aforesaid, HO Seller hereby agrees to nssume Ne defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, changes, attorneys tees end other expenses,
any and all judgmmrs that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other procedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result ofmch suits Or other procedings,
the Sella will in once cans, the same to be dissolved and dischmgd by giving bond or oWerwine. The Seller and
his contactors shall take all safety pacautions, furnish ad install all gm,ds necessary for the prevrnrion of
accidents, comply with all laws and regulations with mgard to safety including, but withmt limitation, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued persomt thereto.
Revised 07aO14