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HomeMy WebLinkAbout102698 AMERICAN WATER WORKS ASSN - PURCHASE ORDER - 3215169Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 102698 AMERICAN WATER WORKS ASSN 6666 W QUINCY AVE DENVER CO 80235-3011 PO Number Page 3215169 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 2015 Blanket order Water Memberships 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 1 LOT LS Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order ''ems and Conditions Page 2 of 2 1. COMNERCIALDETAILS. Tax exemptions. By swum the City of Pon Collins is exempt from maze and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pednnnmce of the terms and conditions her,( failure or delay to Internal Revenue, Denver, Colorado (get, Colorado Revised Statutes 1973, Chapter 39-26, 114(a). exerciet anyrighsorremedies provided herein or by law, tofpromptly nfy the Seller in the event of acceptancepayment goo approvaldesign, shall notmince, the Seller of Cords Rejected. GOODS REJECTED due to failure m meet specifications, either whim shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in commit may be returned us you for credit and tie rot to be replaced except upon receipt of wrinen purchaser to insist upon strain performance hermfor any 9fins rights or remedies as to any such goods,regardless marmaions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnned oral modification or rescission of this purchase order by the Pumha ar operate as a waver of any Of the terms Inspection. GOODS are subject to the City ofGan Collins inspection on arrival. hereof Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can t amid, in 12. ASSIGNNfEIST OF ANTITRUST CLAIMS. loth mth ated payment oa e pan of the City of Fort Collins Collins. However, it is to be understood that FINAL Seller and the Purchaser receep ae that in actual ne Ic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact Some by the Purchaser. Themolore�for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.0 B., City of Fort C91Iim, fait Wood St, Fort Collins, CO 80522, unless acquired tinder federal or ante antitrust laws for such ovemharges relating m the particular goods or services admi a specified oa this order. If Pa..am is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumno this purchase order. bill must accompary invoce. Additional charges for packing will trot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in van.., parts of the country, shipment is If the Purchaser directs the Sel ter to mup nect nonconforming or defective goods by a date to be agreed on by the expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or mwilimpass to comply, the Purchaser shipments are made from great, distance may cause the work to be performed by the most a yeditious means assailable to it and the Seller shall pay aR costs associated with such work. Permits. Seller shall pmwre at sellers sole cum all necessary primary, cenificatm and linnses required by all applicable laws. regulations, mdmmces and rules of the state, municipality. remarry or political subdivision where she work is performed, or required by any other duly conyhowed public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins hamdess form and against all liability and loss incurred by them by reason of an want or established violation of my such laws, regulations, ordinances, rules and requirements. Authoriastion. All parties to this contract agree film the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order exyressly limits acceptance to the terror and conditions stated herein set ford, and my supplemantary or additional terms and wndltions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to names an your promised delivery daze so, noted. Time is of the assence. Delivery and rformanum most be effected within the time stared on the purchase order and the documents ambled hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivenes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, is addition to other legal and equitable remedies, the option Of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall but be liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond its reasonable control and without its fault of negligence. such was of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood epidemics, wars or ..is provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the cenod! equal 10 the time azmwly lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, asides, materials and work covered by this order will ormotm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes Intended, and 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 harmless form my loss, damage or egxrom which the Purchaser may suffer or incur on wcomn of the Sellers breach of wanmty. The Seller shall replace, repair or make good, without cost t9 the purchaser, my defects or faults arising within one (1) yea or within such longer Period of time as may be prescribed by law or by the terms of ely applicable warrants provided by the Seller after the date of acceptance of the goods famished hereunder (acceptmce not be unreasonably delayed), esulting from imperfect or defmive work done or materials famished by the Sellec Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the brawn of my of the foregoing waranties or guarantees, but such liability shall in no event include loss of profits or lass Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by marten change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifiuuons or drawing, by verbal or wnnen change order. If my such change affects the amount due or the time Of Parfmmmce hereunder, an equitable adjecnmmt shall be made. 6. TERMINATIONS. The Parchmer may ce any time by whom change order, terminare this agreement as to my or all ponisof the good then non shipped, subject to any equicable edjustmmt ge. the panic as to my work or.,coststhan in programs pmvided that the Purchaser shall not be liable for my claims for anticipated pmfts oa the unwmplered portion of the goods md/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect ne my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or she Seller of my of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT, Any claim for adjustment mum be asserted within thim (30) days from the date the chaste or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrants thw all good sold hereunder shall have been produced, sold, delivered and famished in stain compliance with all applicable laws and regulations an which the broods 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 ncoryorated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or wave, this order, or my ninnies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE The Seller warrants full, clew and unrestricted title m aim Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, secunty inbrow encombrmces and claims of 9them The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my name nutting from the performance of such work. This release shall apply even in the event of fault of negligmce of the, parry relersed and shall extend to the directors, officers and employees ofsrch perry. The Seller's contractual Obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to d perforrnd by the Purchaser. Ia. PATENTS. wbmirem the Seller is required to use my design, device, material or process covered by letteo paent ttrademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in mastication with the convect, and shall indemnify the Purchaser for my 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 completim of the work. In case said equipment or my pan thereof or the imanded use of the goods, is in such suit held to conmimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes mninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an asslgnmem for the benefit of credimrs, appoint a receiver or tnstee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAN'. The definitions of terms used or the inmryreurion of the agreement and the rights of all ponies hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprtsemauva(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or maerials before Seller's final completion and acepunce, complete the work a1 Selleh own expose and to the satiafsction of site Purchaser. When materials and equipment are furnished by others for installation or macron by the Seller, the Seller shall receive, unload store and handle same at the site and become tempt therefor as though such mammals mdbr equipment were being famished by the Seller under the order. HL 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 will the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability incltj but not hrood to, cono-wmal and automobile public liability insurance with bodily injury and death limits of at lean $30Ro00 for any one person, $500,000 for any one accident and property damage limit Par arcidmt of $400,000. The Seller shall likewise wwre his contractors, if my, a provide for such compensation and insurmce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate then such wmpmvtion and insurance have been provided. Such cenifrrom shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such comperearion and insurance shall be maintained caul after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and Al damage, loss or injury of any kind or nazure whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in wnnmion herewith, The Seller will indemnify and hold hamalmor the Purchaser and any or Al of the purthasers oRcers, agw. and employee farm and against my and Al claims, loses, damages, charges or expenses, whether direct or indirect, and whether t0 persons or property is which the Purchaser may be put or subject by reason of my act anion, neglect omission or defaull on the pan of the Seller, my of his contractors, or my of the Sellers or contractors oRcers, agents or employees. In case any suit or other proceeding shall be brought'man the purchaser, or its officers, agents or employees at my time an account or by reason of my act anion, neglect omission or default of the Seller of my of his warrantor or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and t9 defend the same at the Sellers own expense, to pay any and all costs, charges, anomrys fees and other expenses, my and Al judgments that may be incurred by or obtained against the Purchaser or any of its or their office, agents or employees in suds suits or other proceeding, and in came judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall take Al safety precautions, Poenish and install all guards necessary for the prevention Of accidents, comply wish all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all Mm and regulations issued pursuann thereto. Revised D7ROl4