HomeMy WebLinkAbout549298 BOERGER LLC - PURCHASE ORDER - 9147635Fort Collins
Date: 12/26/2014
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BOERGER LLC
2860 WATER TOWER PLACE
CHANHASSEN MN 55317
PURCHASE ORDER
PO Number Page
9147635 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: 12/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 PLANT & GARAGE EQUIPMENT
2/PL-300 ROTARY LOBE PUMPS
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.com
1 LOT LS
33,234.00
Total $33,234.00
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 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By statute fie City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Crucifers, of Registry 84-6000587 is registered with the Collector of
lowdol Revenue, Denver, Colorado (Ref. Colorado Revised Staima 1973, Chapter 39-26,114 (a).
Good Rejected. GOODS REJECTED due to feilox to meet specifications, either what shipped err due to defects of
damage in tremit, may be returned to you for credit and are not to be original except upon receipt of antlers
in¢Imclions from the City of Fort Collins.
Inspiration. GOODS art subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in respome to this order can result in
authorised payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion troll applicable acquired impaction procedures.
Freight Tenth. Shipments matt be F.O.B., City of Pod Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise spdi0ed on this order. Ifpetmiasion is given to prepay freight and charge xpararely, the original freight
bill mataccompany invoi.. Additional .1ma for Packing will rotbo acsptei.
Shipment Distance. More manufacturers have distributing points in various pars of the country, shipment is
expected both the neared dimobutdo point to deatiwrion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, rm fiesta and licenses required by all
applicable laws, regulations, ordinances and mlew ardor state, municipality, temtory or political subdivision where
the work is pert red, or required by my order duty concentrated public authority havingjurisdiction over Ore work
of vendor. Sella fucker agrees to hold Ore City of Fort Collins harmless from and against all liability and loss
incurred by them by reason arm asserted or established violation army such laws, regulations, radiances, rules
and requirements.
Authorization. All parties to this contract agree that the repmamodives are, in fact, bona fide and Assess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to fie teats and conditions statW
herein set faM and any supplementary or additional antes and conditions mwxed hereto or incoryorm d herein by
reference. Any additional err d0ficrent lams and emWnd. pia mad by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make wmplete shipment m arrive on your
promised delivery date as noted. Time is of the essence. Delivery and perfarramce must be effected within the time
slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of radial late deliveries, shell operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
aW holding the Seller liable fm damages. However, the Sella shall not M liable for damages as a result of delays
dw to ruses rot andaribly foreseeable which arc beyond its damnable control and without its fault of negligence,
such act of cod, acts crowd or military authorities, gwaran ucal promilies, fires, strikes, flood, epidemics, wars o,
riots provided that notice of the conditions wising such delay is given to the Provinces within five (5) days of fie
time when rise Sella first received knowledge thereof. In the event of my such delay, the date or delivery shall be
extended for the penod qua] to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specificatiom, samples andlor other description, given, will be fit for she punpaa marked, and
performed with sM highest degree of art add competence in accodance with accepted standards fro work of a
similar moue. The Sella agrees to hold the purchases harmless from my lass, damage or expense which dM
purchased may suffer d and, can account of the Sellers breach ofwacanty. The Seller shall rtpla d, repair or make
good, without cost to the purchaser, my defects at faults arising within one (I) year or within such longer penal of
time as may bo presenbed by law or by the isms of any applicable warranty pmvid by the Seller after fir date of
acceptance of the good famished hereunder (a.epdmce, not to be unreasonably delayed), resulting from imperial
or defective work done or materials famished by the Seller . Acceptance or use of goods by the Purchaser shall col
gnsti ur e a waiver of my claim under this wormy. Except as otherwise provided in this purchase order, me Sellers
liability hereunder shall inin nd to all damages pmximamty issued by fie breach of my of da, foregoing war —ties
or guarantees, but such liability shall in ono event include loss ofpmfits or loss of sex. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wri at charge water.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the farm, mien moan legal trams, including rubmaions to or ddeunm from
the quantities onginally ordered in fie specifications or drawings by verbal or writat change puler. If my such
change ande fie amount due or the time of Performance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may in any time by wrinrn change order, tertniale Nis agreement as to any Or all ponmas of the
good then not shipped, subject to any equitable adjustment bawmen the panic es to any work or maxnals fen in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of fie goods and/or work, for incidental or connotations] damages, and that no such adjustment be made in
favor of fir Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve
fie Purchaser or the Seller many oftheir obligations as to my goods delivered handmaid.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment moat be acamad within fumy (30) days from the date fie change in temtionion is
ordered.
S. COMPLIANCE. WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are 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
mcmpar ded in agreement, of this chamcad aR hereby untrimmed herein by fix refemce. The Seller agree a
ndemnfy and Mid fie Purchaser Iarulas from all eats and damage suRerW by the Purchaser a e result of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, Or my monies due or to become due hereunder without the
prior written consent of the other arty.
10. TITLE,
The Sell. wmmta full, clear and umstrictcd ti0e to fie Prichard fro all emipmmd, materiels, and in. fiunished
in Perforat a of this agreement, fare and clear of any and all liens, restrictions, nesmerinm, memory intemt
encumbrawes must claims o f others.
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 to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder Or approval of the design, shall act releme the Seller of
any of the warranties or obligations of this powhaa, order and shall Out be dcemed a waiver of any right of the
purchaser to dead upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
of what shipped, received or accepted, as to any prior or subsequent default hercunde, we shall any puryoded
teal unchristian or rescission of this purchase order by the ruminant opemte as a waiver of any of the arms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economicm practice, overcharges resulting froantitrust
violations arc in fact home by the Purchaser. Theretofore, fogood cause and m consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired urda federal or ante anlitnsst laws for such overcharges relating to the particular goods or services
purchased or inquired by the Practitioner pursuant a this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to corert nonconforming or defective goods by a date a ba agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may came the work to be performed by the most expeditious means available to it, and the Sella small pay all
costs arociated with such work.
The Sella shall release the Purchaser and its ..,.,ad of any net form all liability and claims of any ward,
raultingf the performance ofsuch cork.
This xleue shall apply even in the event of fault of negligence of fc party relesed it shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is puRormed or caused to bo performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requited a sex my deign, device, material or process mverW by lacer, patent, trademark
or copyright. the Seller shall indemnify and save Mamless Ote Purchaser from any and all claims for infringement
by drawn of fie me of such patented design, device, material or process in wmection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason clinch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the
PurcEaer rise right a continue wing said equipment or pans, replace the same with substantially equal but
roninfnnging quipment, or modify it so it baomes mninfringing_
15. INSOLVENCY.
If fie Sena shall become insolvent or bankrupt, make an nssigmrcnt for Oa bmefit of creditors, appoint a
Or mare fir any of the Sellers property or business, Pais water may fodhwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of term rued or the interp r ation of fie agreement and fie rights are][ parties hereundershall be
consumed under and governed by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work bercmWer,
including fe xnnca ofsellers Represedurd e(s), on the pnemisa f.dam.
13. SELLERS RESPONSIBILITY.
The Seller shall tarty, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work ardor materials before Sellers final completion chat
acceptance, complete the work at Sellers own expense and to the satisfaction of doe Purchase. When materials
and equipment are fidnisbW by afters for installation or section by the Sella, tM Sella shall receive, unload.
same and handle same at she site aM became responsible therefor, in though such materials ambior equipment
were being fianished by fir Sella would fie rater.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with fir work covered by this purchase order,
ansVor to their dependents in accordance with the laws of the .to in which the work is to be done. The Seller
shall also tarty comprehensive Radial liability including, but not limited to, canwemal wit automobile public
liability announce with bodily i jury and deaf limits of at lest S3W,M for any mac p,rsoq S50Udg10 for my
one accident and property damage limit per, accident of $4Ib,OW. The Seller shall likewise require his
comment rs, if my, to provide for such compensation cost imurwce. Before my of fir Sellers or has cam actom
employees shall do any work upon fie premise of others, the Sella shall famish the Pmchasn xfth a datifcarc
that such compensation and insurance have been provided Such ceeihcata shall specify the date when such
ampeaarion and insurance have been provided. Such certificates shall a,avify fir date when such compensation
and insurance expire. The Seller agrees that such compensation and announce shall be maintained until after the
entire work is complelW and mapted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumed the entire responsibility wit liability for any and all damage, loss or injury ofeny kind
or nature wbmswoer a pdma err property caused by or mulling firm use execution of rM work provided far in
this purchase ow a or in connection hannif. The Sella will indemnify atW Mid harmless fie Purchaser arW any
r all of fie Purchasers officers, agents and employees Enron and against my and all claims, loss, damages,
charges or expenses, whamer direct or hidden, and whether to persons or propeay, to which the Purchaser may
be, put or subject by morn of any act, action, neglect, omission or default an the pm of in, Sella, any of his
contractors, or my of the Sellers or contractors o is sex, agents at employees. In case my suit or after
proceedings shall be brought against the Purchase, or its officers, agents or employees at my time on account or
by mson of any act, action, logical, omission or default of the Sella of my of h6 contractors or my of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
dfeM tM some at fie Sellers awn expense, a Pay my and MI casts, charges, attorneys fees and otter expenses,
my and all judgments that may be incurred by or obtained against fie Franchises or my of its or their officers,
agents or employees in such suits or other proceedings, and in mx judgment or Omer lint be placed upon or
obadeaf against fir property time Purchaser, or said Pod. in or as a vault of such said or outer proceedings,
the Sells will at once cause no same to be dissolved and d'ucharged by giving bond Or oferwise. The Seller and
his contractors sholl take all safely precautions, famish and insist] all guard ndasary for the prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Seely and Health Act of 1970 and all rules and regulations issued pursumt then a.
Revised 07R014