HomeMy WebLinkAbout513903 PURE WATER SOLUTIONS INC - PURCHASE ORDER - 3215106Fort Collins
Date: 01/09/2015
Vendor: 513903
PURE WATER SOLUTIONS INC
502-D TOPEKA WAY
CASTLE ROCK CO 80109
PURCHASE ORDERPO
321510er Page
215106 101`2
This number must appear
on all invoices, packing
sli s and labels.
i
Ship To: WATER QUALITY LAB
CITY OF FORT COLLINS
4316 W LAPORTE
FORT COLLINS CO 80521
Delivery Date: 01/09/2015 Buver: 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 Extended
Ordered Price
1 2015 Blanket Order
Water Quality
1 LOT LS
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.
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemption. By statute the City of Fort Collins is exempt from state and local rases. Om Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with fie Collect_ of
Failure of the Purchaser m insist upon strict pertonwnu of the terms As condition hereof, failure or delay As
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Samoan 1973. Chapter 39-26, 114 (a).
exercise Any rights or manages providal herein or by law, failure to promptly notify the Seller in 1he event of a
breach, the acceptaitt ofor payment f_ good hereunder or approval of Ore design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure An meet mecifipotions, either when shipped or due to defects of
my of the warranties or obligation of this purchase maker and shall and M deemed a waiver of my right of the
damage in transit, may be returned in you for credit anal are not a be m,taca except upon receipt of written
purchaser As inset upon stun performance hereofor my of its rights or remedies As in my such goods, regardless
insnpction from the City of Fort Collins.
of when shipped, received or accepted, n ro my prior or subscqumt default hereunder, am shall my pntper ed
ore] mndifatton M nacissian of this purchase oaka by the PurchAsa paus, As A waiver of my of the mama
Inspection. GOODS am subject to the City of Fan Collins inspection on canal,
hereof.
Final Acceptance. Receipt of the merchandise, smices or equipment in ca,unse to this mark, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from Antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thererefore for good cause and As consideration for executing this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may how have or hereafter
Freight Terms. Shipments must be F.OB., City of Too Collins, Ifro Woad Sf, Fan Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge scpamttly, the migiwl freight
bill must accompany invoice. Additional charges for ranking will not be accepted.
Shipment Distance. Where movufacners have dutributing points in vadon pans of the country, shipment is
expected from the nearest distribution point to destitution, ark excess freight will be dedu mul from Invoice when
shipments am made cam greater discince.
permits. Seller shall procure at sellers sole coat all necessary permits, matificams and licenses natural by all
Applicable laws segulation, ordinances and males of the stare, municipality, territory or political subdivision where
the work is performs, or required by my other duly constitute public Authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability snd loss
incurred by diem by Mason of An asserted or established violation of Any such laws, regulation, oaituntts, rules
and matuiremeou.
Authorization. All panics to Nis contract agree that the maresenlatives arc, in fact, bona fide and possess full and
complete wilum yto bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly how. Acceptance to the toms and coalition sects
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any whhoiaAl or dll num,terms and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date As noted. Time is of fe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No as of the purchasers including, without
limitation, acceptance of partial late delivmes, shall operate As a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal as equitable remedies, the option of plaring this order thewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages in a reualt of delays
due to causes not reamtubly foreseeable which are beyoM its seasonable control And wid art its fault ufaegligence,
such acts ofGod, acts oreivil or military authorities, govammentil priorities, fires, strikes, rood, epidemics, wars or
slots provided that notice of to conditions causing such delay is given to fie Purchaser within five (5) days of the
time when the Sella loss raceiva kn coledge theeeof. In the event of my such delay, the date of delivery shall be
extended for the petits egml to the time actually lost by reason Arita, delay.
3. WARRANTY.
The Seller warrens that all goods, micles, materials and work covered by this order will amf with applicable
drawings, specification, samples _Nor other descriptions given, will be fit far the puryoses finended, And
performed with the highest degree of care and compererec in Accordance with Accepted standard for work of a
similar Aware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur an account of the Sellers breach of canonry. The Seller shall replace, repair or make
good, without ant to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time As may be prescribed by law or by the tents ofany applicable warmly provided by the Seller After the date of
cceptance of the fund famished hereunder (acceptance not to he unreasonably delayed), maturing from imperfect
or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not
onatitute a waiver ofany claim sorer this warranty. Except As otherwise provided in this purchase cads, 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 ofpmfts or lass of ere NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
e. CHANGES IN LEGAL TERMS.
The Purchaser may nWe changes to legal tents by wnnen change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the tern, other than legal ¢cans, including neldition an of deletion fmm
fie quantities annually ordered in the specifiations or drawings, by verbal ar written change order. If any such
change affects the amount due or the time ofperf_mnace betanda, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchasermay at any time by written change order, terminate this agreement As many or all portions of fie
goods then not shipped, subject o any equitable adjustment between the panics as to any work or mammals then in
progress provided that the Purchaser shall not be liable for any claims for Anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such al mancrat be made in
favor of the Seller with respect 1A any goad which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations in to any goads delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjmstmem maul be assured within thirty (30) days farm the dale fe change or cenination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and funmishs in strict
compliance with all applicable laws and regulation to which to goods are subject The Seller shall execute and
deliver such decumms n may be "Final to elfen or evideme compliance. All laws and regulations required ba be
incorporated in Agreement of this character Are hereby incopomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts awl damages suffers by the Purchaser As a result of d o
Sell_ failure to comply with such law.
9. ASSIGNMENT.
Neither party shall Assign, monfer, or convey this order, or my monies due or to become due hereunder without the
prior written actor mofher other out
10. TITLE.
The Sell,, wa news full, clear and marestficled till¢ m the Purchaser for ell equipment. mmermis, and items furnished
in Performance of this agreement, free and clear of any and all lien, mnletlons, reservation, security interest
encumbrances And claims orators.
acquired under federal or some antitrust laws for such overcharges relating to the particular goods or smlas
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to recover nonconforming or defective goods by a date to be agreed upon by the
Purchuef nM the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, to Purchaser
may cause drc work to be performed by to most expeditious means available As it, And the Seller shall pay all
costs associated with such work.
The Seller shall retests the Purchaser and its contmem s of my an from all liability and claims of my moure
resulting from the perfrarrmmce afsucb work.
This MI. shall apply even is the event of fault of negligence of the pmy relacal and shall extend to ties
directors, officers and employees ofsuch parry.
The Sellss commctAl obligations, including warranty, shall not he deemed to M reduced, in Any way, Ixcane
such work is Performed or caned to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller Ls required to use my design, device, material or process covered by lent, patent, nationals
or copyright. the Seller shall indemnify and save harodess the Purchaser Tom any and all claims f infringement
by Mason of the use of such patented design, device, normal 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 in 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 rare goads, is in such suit held to continue infringement and the use of
said Aelopm n, or pan is _joined, to Seller shall, At its own expense and at ins opman, either procure for the
Purchaser the right to continue using said equipment of pans, replace fie same with submartially equal but
mninfringing equipmt or modify it m it becomes mninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bandat make an assignment for die benefm of diftrs, appoint a
oweiva m trustee for my of fie Sellers Property or business, this melon may faMwit be aaceled by the
Purchaser wifcen liability.
16, GOVERNING LAW.
The definition ofteras used _ the interpretation ofthc agreement And the rights of all parties hereunder shall be
construed under anal governed by fie laws ofhh State ofColomdo, USA.
The following Additional Conditions apply only in was where the Seller is to perform work hereunder,
including the services of Sellers Representatives), on the premises trotters.
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Seller's own risk until the same is fully completed and Accepted, and shall,
in as, of my accident, destruction ar injury to the work and/or materials before Seller's final compleim and
acceptance, complete the work At Seller's own expense And to the mtiafadion of fe Purchaser. When mammals
and equipment are f ishs by ohers for inlalhaion or erection by the Sella, the Seller shall receive, unload,
store and handle same at fie site and become responsible therefor As though such nationals and/or equipment
were being furnished by the Selltt under fe order.
18. INSURANCE.
The Sella shall, at his own expense, provide far the payment of workers compereaotiom including accupmioAl
dispose Mrefs, to is employees employs on or in connection wit tbe work covered by fix purchase order,
A.&or As their dependents in accordance with the laws of the sate in which to work is As be done. The Seller
shall also any carnmehenrce gaeml liability including. but .1 limited m, contractual And auto bile public
liability insurance with bodily injury and death limits of a1 least S300,000 far my o_ persons, $500,000 fen any
one accident and property damage limit per Accident of S400,000. The Sella shall likewise require his
rAcmons, if eery, m provide for such compensation And marmoset. Before any of fe Sellers or his commoners
employees shall do any wank upon the premises of others, fe Seller shell famish fie Putchaser with A contracts
that such compensation and insurance Ise been provided. Such cenificam s shall specify me dare when such
compensation and insurance have been provided. Such anificama shall specify me dam when such compensation
and Insurance expires. The Seller agree that such compensation and insurance shall be maintained aril after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby Assumes the _tire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to person or property caused by or resulting from the execution Ards, work provided for in
this purchase order or in connection herewith. The Seller will iMemnify and hold harmless the Purchaser and my
or all of the Purchasers officers, agents and employees fmm And against my aal all claims, losses, damages,
Changes ar expenses, whether diren or indirect, and whether to person or property to which die Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the pm of to Seller, Any of his
convenors, in my of the Sellers or commcmrs oRicm, agents or employees. In case my suit or other
proceedings shall he brought againr die Pmmmhner, or is officers, agents or employees in Any time oat account _
by reason of my Act, at an, neglect omission or default of the Seller of An, of his corrtrwfrs or any of is or
their effects, aMi s or employees n aforesaid, tau Sella hereby Agrees in assume fie defense thereof aced to
defend d o acme al the Sellers own expose, to pay my And all cots, charges, ."mays fees and other expenses,
my AM all judgmenn, that may be iacu d by or obtained against the Purchaser or my of is or men officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtains Against Ore property of the Purchow, or said pnnies in or as A result ofsuch suits or other proceedings,
to Seller will at nce cease the same an be dissolved and diuMaged by giving bond or otherwise. The Seller and
his containers shall take all safety prmmtion, fish aM inardl ell guards accessary for the prevention of
Accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant thereto.
Revised (E2014