HomeMy WebLinkAbout109260 D P C INDUSTRIES INC - PURCHASE ORDER - 9150069Fort Collins
Date: 01/08/2015
Vendor: 109260
D P C INDUSTRIES INC
23500 1-76 FRONTAGE RD
PO BOX 509
HUDSON CO 80642-0509
PURCHASE ORDER
PO Number Page
9150069 1ef2
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: 01/07/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket PO
1 LOT LS
Chlorine
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.
Price is $436.80 per ton., FOB City of Fort Collins Water Reclamation Facility,
3036 Environmental Drive, Fort Collins, CO.
2 2015 Blanket PO
Sulfur Dioxide (S02)
1 LOT LS
Price is $750 per ton., FOB City of Fort Collins Water Reclamation Facility, 3036
Environmental Drive, Fort Collins, CO.
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.wm
30,000.00
10,000.00
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. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collins is exempt from state and local boxes. One Exemption Number is
11. NON WAIVER.
98-0a5o2, Federal Excise Tax Exemption Certificate of Registry 84fi 589 is registered with the GO,afm of
Failure of the Purchaser to man upon strict performance of the terms all conditions hreof e, failure or delay to
Intent Revenue, Denver, Colorado (Ref. Colorado Revised Statue 1973, Chapter 39-26, 114 (a),
romea se my rights or remedies provided herein ter by law, failure do promptly notify the Seller in the event of a
bench, no acceptance of or payment for goods bertunder or approval of the design, shall not release the Seller of
Goods Rejected GOODS REIECfED due to failure m meet specification, offer what shipped or due m defects of
MY of no warranties or obligation of this purebase order and shall trot he deemed a waiver of any right of the
damage in transit, maybe named an You for credit and are not to be replaced except upon receipt of written
Purchaser to want upon strict performance hereof or MY of its rights or=Mia as many such goods, regardless
instructions fmm the City of Fort Collins.
of when shipped, internal or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
oral modification or rescission of this purchase, order by the purchaser operate as a waiver of any of the rams
Inspection. GOODS we subject o fie Ciry of Fart Collin inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, u r equipmem in response a this order N rwilt in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment oa the part of the City of Foe Collins. However, it is m be understood thatFINAL
Seller and the Purchaser recognize that in moral economic practice, overcharges resulting from amount
ACCEPTANCE is dependent area completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofrt nfotr good cans and M consideration for extending this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or harafef
Freight Tents. Shipments must be F.Off, City of Fun Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or were minimal laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be acemmd.
Shipment Diameter. Where manufacturers have distributing points in citrus pans of the Murray, shipment is
expected fmm the neamst distribution point to destination, and excess freight will he dModM fmm Invoice when
shipments are made firm grower distance.
Permits. Seller shall P. at sellers sale cost all naeem, p �raits, ecrtificata and licenses rnprired by all
applicable laws, regulation, informants and rates of the state, municipality, territory or political subdivision where
the work is performed, or nyuirN by my other duly contimmd public authority having jurisdie o r over the work
of trader. Seller fuller agrees b hold de City of Fort Collin halal= from all against all liability all loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinance, rates
and requiremcnrs.
Authoriention. All parties to this mntrad agree that the rep naman diva arc, in fact, bona fide Mad possess full and
complete arlawiry to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits criminate to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PL17ASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to once on your
promised delivery date n noted. Time is of the essence. Delivery and performance must he effected within the time
stated on the purchase order and the documents attached hereto. No acts of fie Purchasers including, without
Imak w. acceptance of ponialImo deliveries, shall operate as a waiver of provision. In the event of any delay,
the Purchaser shall have, in addition to offer legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages M a result of delays
due to muses not masombly foreseeable which are beyond its aasonable control and without its fault of negligence,
smh acts ofGod. acu ofcivil or mill ery ammusua, governmental priorities, fires, strikes, Prof epidemics, wars or
noes provided fat notice of the condition musing such delay is given to fie Pumhner within five (5) days of the
lime when she Safer ran received growler, thereof In the ecoal of any such deer, the date of delivery shot] be
extended for the pennd equal to the came acmmlty lest by mason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, mmples mad/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and mmpaence in accordance with ac«ptM standards for work of a
similar nature. The Seller agrees to hold the purchaser hermloss from any loss, damage or expense which the
Purchaser may Sutter or incur on amount ofthe Sellers breach of wan-anty. The Sella shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time as in.,, be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dare of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials mouthed by fie Seller. Accordance or tie of good by the Purchaser shall not
constitute a waiver of any claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach or My orthe foregoing warranties
or guommees, bur Men liability shall in no event include Ins of profits or loss of rue. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
C. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchuur may make any changes as the temu, offer fhan Iegm remu, including additions to or deletions fmm
the quantities originally mdoeM in the sp xificmion or drawings, by cabal or woman change order. If My such
change atteeu the amount due or the time afperf race hortundm. an equiable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, m,minme this ngmormat as to any or all portion of the
goods then not shipped, subject to my equitable adjustment between the pansies n to any work or contracts then in
progress provided that the Purchaser shall at be liable for any claims far anticipated profits on the uncompleted
pasman of the good anNor work, for incidental or consequential damages and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller of any offfeir obligations as to any goads delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be dawned within thin, (30) Jays from the date the change or nomination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have been produced, sold. delivered and f 'shed in need
compliance wit ill applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents n may be mmandi to elTnn or evidence compliance. All laws and regulation mlu usi to be
tncorpotatM in agreements of this charaner are hereby incorporated herein by this ref re. The Seller agrees as
indemnify and hold the Purchaser bgmnless form all craft and damages suffered by fie purchaser n a result of de
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pall shall nesign, transfer, a convey this often, in my monies due or to become due hereunder without the
prior written consent of fie other party.
10. TITLE.
no Seller warrants full, clear and unestrided title to the Purchaser for at I equipment, materials, and items fumishad
in perf ramnce of this agreement, free and clear of any, and all firm, restrictions, reservations, secunry interest
encumbrances and claims ofodem
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonconforming or defective goads by a date to be agreed upon by the
Purchaser oral the Seller, and the Seller defender indicates its inability a unwillingness to comply, the Purchase
may muse the work to be pMorfM by the most expeditious moms available m it, and no Seller shall pay all
costs commuted with such work.
The Seller shall release the Purchaser and its commdom of any tin fmm all liability and claims of my nature
resulting from the perfam,mce nfmch work.
This release shall apply even in the event of fault of nagh,cm of No Tory, released and shall exend to 0e
directors, officers and employees ofsuch party.
The Sellers command obligation, including warranty, shall not be damcd to be reduced, in any way, became
such work is performed in caused No be perforated by the Purchase(.
Ill, PATENTS.
Whenever the Seller is rryalred to use any design, device, material or process covered by later, patent, rmdemark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device material or process in connection with no contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged an pay by reason of such
infringement of any time during the prosecution or after the completion of the work. In case said equipmem, or
any pan thereof or the intended use of the goods, is in such suit held m contimte inGngenta t and the sex of
said equipment or pat is enjoined, fie Seller shall, at its own expense and at its aption, either procure for the
Purchaser the fight to confirm, using said omniscient or pans, seplam fie same with substantially equal but
connubial aripmrn, or modify it so it becomes mninGrnging.
15. INSOLVENCY.
If the Seller shall become insolvent or beetkaup, make an assignment for the benefit of creditors, appoint a
ronsiver or trustee for tiny of the Sellers property or bninosx, this order may forthwith be conceded by the
Purchaser William liability.
16. GOVERNING LAW.
no definition oflemu used in the interpretation of fie agreement and the rights are][ parties hereunder shall he
conwM under and prevented by the laws ofthe Sure ofCalomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represmunive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall,
in r of any accident, destruction of injury a the work -Nor materials before Sella s final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials
and equipment we famished by offers for installation or erection by the Seller, the Seller shall receive, unload,
store and handle some at the sir and become responsible therefor as Tough such naturals maker equipmem
were being fumiahad by the Seller order thee order.
18. INSURANCE.
The Sella shall, at his now expense, proside fen the fir meal of worker compensation, including occupational
disease bemfrs. No its employees employed on or as conodrion with the work covered by this pashas, order.
ands., as their dependents in mcoMaace with the laws of the scar w which the work is an be done. The Seller
shall site, carry mmprebemlve general liability including, but not limited m, mw-w-I and automobile Public
liability inumnce with bodily injury and death limits of at Les, S300,000 for any ode person, S500,000 for my
one accident and property, damage limit per accident of S400,000. The Seller shall likewise rryuirc his
Materxtors, if any, to provide for such compensation and inumace. Before any ofthe Sellers or his contractors
employees shall do my work upon the premiss of others, the Seller shell f ish the Pmclawa with a comfeate
that such ex mperuution and insurance have been provided. Such cenifcams shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date whom such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unit[ after the
entire work is completed and accepted.
N. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
q'he Seller hereby assume the entire responsibility and liability for any and all damage, lass or was, of my kind
or nature whatsoever in persons or property mused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the PureM1ner and any
r oil of the Purchasers officers, agents and employees from all against any all all davits, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which to Pmchaser may
ba at or subject by reason of any act, action, na Lff,, omission or default oa the Iran of the Seller, any of his
rentracfurs, or any of to Sellers or commotors officars, agents Or employees. In case my suit or other
proceedings shall be brought against the Purchases, of its officers, agents or employees at my time on account or
by reason of my act, action, neglect, omission ear default of the Sella of my of his contractors in my of in or
their officers, agents or employees as aforesaid, the Seller hereby agues m assume de defense thereof and an
defend the same at the Sellers own expense, an pay my and all costs, charges, atrarti fees mM ofer expenses,
my oral all judgmma that may be measured! by of o seta against the Purchaser or My of its or their oRcer,
agents or employees in such suits Or other proceedings, and in caxe judgment or other lim be placed upon or
obtained against the property of the Puchaser, or said parties in or n a result ofsuch suits or other proceedings,
to Sella will at once cause fie same to c dissolved and discharged by giving bond or oherwise. The Seller and
his commcters shall take all safety promotions, fmish and install all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant therdo.
Revised 07/2014