HomeMy WebLinkAbout513903 PURE WATER SOLUTIONS INC - PURCHASE ORDER - 3215100PO
PURCHASE ORDER 321510er Page
C.I�/ of PURCHASE
15100 1 of z
' `F6rt Collins/ his number must packing
V ` �7 on all invoices, packing
sli s and labels.
Date: 0110912015 '
Vendor: 513903 Ship To: POLLUTION CONTROL LAB
PURE WATER SOLUTIONS INC CITY OF FORT COLLINS
502-D TOPEKA WAY 3036 ENVIRONMENTAL DRIVE
CASTLE ROCK CO 80109 FORT COLLINS CO 80525
Delivery Date: 01/09/2015 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
Ordered
Extended
Price
i 2015 Blanket Order 1 LOT LS
6,000.00
Pollution Control
THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS 1
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.'
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. COMMERCIALDE'A1LS.
Tax exemptions. By smtute the City of FortCullirn u exempt from mile and local taxes. Our Exemption Number is
I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Corollate of Registry 84-6000581 is registered with the Collector of
Failure of the Purchaser no insist upon strun pert turtle, terms aM conditions hereof failure at delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stator. 1973, Chapter 39-26, 114 (a),
awrome any rights or remethes provided herein or by Is , failure w promptly notify the Seller in the event of is
breach, the mceprma infer payment fin goods hereunder or approval ofthe design, slWl rat release the Sell. of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchas, cola and shall rwt be deemed a waiver of any right of rite
damage in mount, may W rommed on you for credit and are not to be replaced except upon receipt of written
purchaser to inapt upon strict performance Wooden coy arms rights or remedies as to any such good, regardless
instructions from the City of Fort Collins.
of when shipped, merwal or acceded, as to any pnor or vfmquenl default bercmder, nor shall any purported
am[ modification or rescission of this purchase oola by the Purchaser operate ns a waiver of any of the terms
lospection. GOODS we subject an the City ofFort Collins irepatied on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this o,do, can maull in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the an of the City of Pon Collins. However, it is to ha understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from national
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore forgoodcause and as crewderation for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercatkr
Freight Terms. Shipments most be F.O.D., City of Fan Collins, 1W Wood St, Fort Collins, CO 90522, unless
acquired under federal or state antitrust laws for such overchmgor relating to the particular good or services
otherwise specified oa this aide, if,emission is given to prepay freight and charge separately, the original (might
purchased or national by the Purche a pursuant to this purchase order,
bill most accompany invoice. Additional charges for pawking will not W accepted.
Shipment Distance. WMre manufacturers have distributing points in cautious pans of the coumry, shipment is
eapared from the netr.l dra ibution an a dowiwtim. and excess freight will W deducted from Imoicn when
shipments are made from greater distance.
Permits. Sella shall procure at sellers sole and all rccesmry, pains, certificates sad linrues required by all
,,linable laws, ragulatims, ordinances and roles of the ante, municipality, temmry or political subdivision when
the work is performed, or acquired by any other duly mentioned public suthodry having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hamless from and against all liability and loss
cursed by them by cousin of an asserted or established violation of any such laws, tgulations, or imnces, roles
and requirements.
Authorization. All parties to this concoct agree that the representatives are, in fact, bona fide and possess fell and
omplete..,beliry to bind said ponies.
LIMII'A1']ON OF TERMS. This Purchase Older expressly limbs warpoince to the terms and conditions .,,it
herein set faultfaultand any supplementary or additional terms and conditions annexed hereto or warranted herein by
reference. Any additional or different nits and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately if you canto, make complete shipment w arrive on your
Promised delivery date. rated. Time is of the esxnce. Delivery and peif.. onus, be effected within the time
stated on the purchase order and the documents attached hereto. No was of the Purchasers includin& without
limitation, acceptance of partial In, deliveries, shall operate. a waiver of this pmvpion. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option orphan, this order elsewhere
and holding the Sella liable fin damages. dissever, the Sella shall rot M liable for danl as a result of delays
due to causes not reasonably foreseeable which are beyond its reasowble coal and archon, its fault of negligence,
such acts ofGod, acts ofell,] or military suthamies, go, amrntal priorities, Gres, strikes, flood, apilani., wars or
dots provided that notice of the andifim¢ causing such delay p given to the Parabola within five (5) days of the
time when the Seller Era received knowledge thereof. In the even, of any such delay, the date of delivery shall be
extended for the period equal in the time armilly lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this color will conform with applicable
drawings, specifications, samples mckor other descriptions given, will be, fit for the purposes intended, and
perfumed with the highest degree of cue and competence in accordance with accepted stmdard for work of a
similar nature. The Seller agrees to held the purchaser hamless from any loss, damage or expense which the
Purchaser may su@r or incur an second of the Sellers breach of wamnty. The Sella shall replace, repair or make
good, without cost to the Fumhaser any defocrs or faults ansing within one (1) year or within such longer perked of
time as may be mmuffed by law or by the toms of any applicable warmly provided by the Seller soon the date of
acceptance of the goods f fished hereunder (acMt=m not to be unconscionably delayed), resulting from imperfect
err defective work done or nwwnah fished by din Seller. Acceptance ar we of goods by the Purchaser shall rut
mrisrimro a waiver of any claim under this warranty. Except. otherwise provided in this purchase orbs, the Sellers
liability hassi der shall extend to all damage proximately caused by the breach.(any of she foregoing warrantia
or gaaramtts. but such liability shall in em even, iuclude loss of profits o,1. of. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms by moons change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the ,emu. .,her than legal mears, including additions to car deletiana from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change wFacts the amount due or the time ofpMomance hereunder, an equitable adjustment shall be mud,.
6. TERMINATIONS.
The Purchase, may at any time by wrircn change order, terminate this agreement as to my or all poniotes of the
good then not shipped, subject to any equitable adjustment between the parts as to any work or materials then in
pmgrras provided that the Purchaser shall not be liable No any claims for anticipated profits on the uncompleted
Portion of the goods cocker work, for imidenml or encountering damages, add that no such adjustment be made in
favor ofthe Sella with repent to my good which we the Sellers snnduol stock. No such umination shall relieve
the Purcbnal or the Seller army archaic obligations n to my goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most W asserted within thirty (30) days f the date the change or tcmtination is
oolaed.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold heremder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect m evidence compliance. All laws and regulations required to W
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller optima to
indemnify and hold the Purchaser hamless from all costs and damages suffered by the Puchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, infer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the office pony.
10. TITLE.
The Sella warrants full, clear add wromm ed title 1. tic Purchases for all equipmau, mwerish, and it. furnished
in Perfommn of this agreement, flee and clear of my and all liens, r.trictiom, reservations, saurity interior
mcumbmncn and claims of others.
it. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Dun, Purchaser dhfcs the Seller to correct rwaonformiug or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Sella ther.Ra indiwres its inability or unwillingcess to comply, the Purchaser
may came the work to be performed by the new, expeditious means available w it, and do Seller shall pay all
cons associated with such work.
The Seller shall release the Purchaser and its contactors of any tier form all liability and claims of any rxsmre
resulting from the performance ofsuch work.
This rcicoa shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, oMars and employees ofamil party.
The Settees contrmtml obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused to be perfumed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to we any design, devout, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchases from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the concoct, unit
shall indemnify the Purchaser for any cost, axpave or damage which it may W obliged to pay by name. of such
infringement at any time during the Prosecution or after the completion of the work. In au said equipment, or
any Ilan thereof or the intended use of the goods, is in such .it held to coif., infringcman and the use of
said equipment or pan is enjoined, the Seller shall, at its own expexse and . in option, either promo, for the
Fluctuations the right to continue using said equipment at pans, replan the same with substantially equal but
mninfrill equipment, m modify it so it berms. norinfirmiu ,
IS. INSOLVENCY.
If the Seges shall become insolvent or bankrupt, make an assignment far the benefil of creditors, appoint is
receiver or mute for any of the Sellers property or business, this order may forthwith W canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agmarou t and the rights of all parties hereunder shall be
consumed under and governed by the laws of the State of Ccimado, USA.
The following Additional Conditions apply only in taus where the Seller is to perform work hereunder,
including the services ofselle s Rryraintative(s), on the premHm mf others.
17. SELLERS RESPONSIBILITY.
The Sella shut many, m 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 wink andror materials before Sellers final completion and
acceptance, cmnplo, the work ad Sellers own expense end to the catisfecdoo arms Fumhsser. When materials
and equipment arc Imephed by others for installation at erection by the Seller, the Sella shall receive, unload,
tore and handle same m the site and become tvporuible therefor as though such mmeriah .&a, equipment
were being forestial by the Seller onda the order.
18. INSURANCE.
The Seller shall, at his now expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed m or in connection with the work covered by this purchase order,
andrar to their dependents in accordance with the laws of the state in which the work is to W done. The Seller
shall also carry comprehensive general liability including. but not limimd to, contractual and automobile public
liability insurance with bodily injury and death limits of at load S30000 for any one person, S5W,o00 for any
.no
accident end propertym damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the purchaser with a certificate
that such compeoatim and irssusance have ban provided. Such mar ifiwles shall specify the date when such
ompemation and insurance have been provided. Such certificates shall specify the date when such compensation
and ire nand expires. The Sella agrees that such compcation insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility ard liability for my and all damage, loss or injury of my kind
or nature whatsaevverto pasom or property caused by or resulting from do execution oflbe work provided for in
this purchase order or in connection herewith. The Sella will'mdermtify and hold hamtlass the Parebasa and my
or all of the Purchasers officers, agents and employees Imm and against any aM all claims, land, damages,
charges m expenses, whahm direct or in twat, and whether to persmas or property In which the Parehaser may
W put or subject by cousin of any act, action, region, omission or defzWt on the pan of the Seller, my of his
contractors. or my of the Sellers or comments officers, agents a employees. In case my suit or other
promeamp shall W brought against the Purchaser, or its oRicas, spur, or employees m my time on account or
by reason of any it, mum, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as of iressid, the Seller herby agrees to msume the defense thereof and to
defend the some ache Sellers own expense, to pay any end all costs, charges, attorneys fees end other expenses,
any and all judgments that may be incurred by or obtained ap er l she Purchoom or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained againal the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or m raccise. The Seller and
his contractors shall sake all safety precautions, famish and install all guard necessary for fie prevention of
accidents, comply with all laws and regulations with regaol to safety including, but without limitation, die
Caupsumml Safety and Health All, of 1970 mil all mfes and regulations issued pursumt theme.
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