HomeMy WebLinkAbout274141 CABOT NORIT AMERICAS INC - PURCHASE ORDER - 9150527Fort Collins
Date: 01/21/2015
Vendor: 274141
CABOT NORIT AMERICAS INC
3200 W UNIVERSITY AVE
MARSHALL TX 75671
PURCHASE ORDER
PO Number Page
9150527 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 01/21/2015 Buyer: PAT JOHNSON
Note:
Line
Description
Quantity UOM
Ordered
Unit Price Extended
Price
1 2015 BLANKET PURCHASE ORDER
Activated Carbon
1 LOT LS
FOR HYDRODARCO B POWDERED ACTIVATED CARBON @ TRUCKLOAD PRICE OF $0.93/1-13.
PRICE IS DELIVERED F.O.B. FORT COLLINS, COLORADO WATER TREATMENT FACILITY.
TRUCKLOAD CONSISTS OF:
24 - 1350 LB. MEGA BULK BAGS - 32,400 LBS.
VENDOR WILL FOLLOW FCWTF SOP FOR CARBON PURCHASES, ENCLOSED.
DELIVERY WILL BE ON A FLATBED TRAILER, WITH NO DOUBLE STACKING OF THE SACKS, IN ORDER
TO FACILITATE SAFELY UNLOADING THE PRODUCT.
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
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
34,000.00
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
1. COMMERCIALDETAILS.
Tax exemptions. By smtum the City of Fort Collins, u exempt from state and local gees. Our Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cegificam of Registry 84-6000582 is regained ned with the Collector of
Failure of the Purchaser to insist upon strict performance of t1m terms and conditions hereo[ failure or delay to
haveral Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26,114 (a),
exercise any rights or remedies Provided being or by law, failure to promptly notify the Seller in to event of a
breach, Nt earner. of or Payment for goods hereunder or approval ofdO design, shall not release the Sella of
Good R jaled. GOODS REJECTED due to fmlus, to meet specifications, arba when shipped or due to delta, of
any of the warranties or obligafm of Ws pamhose, order and shall not be domed a waiver of any right of to
damage in aamit may be returned in you far train and are cot to he expand except upon receipt of women
Purchaser to insist upon strict Performance hernfor any ofits right or remedies m to any such goods,regardless
imtmetims from the City of Fon Collins.
of when shipped, received or accepted, as w any prior or subsequent default hereunda, rear shall any puryoned
oral modification or rescission of this Prmhase order by the Parchment operate m a waiver of any of One to.
Impaction. GOODS art subject to the City effort Collins inspection on consul.
hertof.
Final Acceptance. Receipt of the merchandise, services, or equipment in response to This order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fan Collins. However, it is to be Understood tint FINAL
Seller and the Purchme recognize That in actual comasomic practice, overcairga resulting from antitrust
ACCEPTANCE is dependent upon completion *fall applicable required impecdoo procedures.
violations on, in fact home by the FurcbUsn. Theremf , for good rouse and as consideration for executing Nis
purchase order, to Seller hereby assigns to the Prominent any and all claims it may now have or hereafter
Freight Temn. Shipments most be F.O.B., City of Fog Collins, 200 Wood St, Fort Collins, CO 80522, unless
otherwise specified on His order. If permission is in. to prepay freight and charge sparmely, the mining freight
bill most accompany invoice. Additional charges for picking will m1 be accepted.
Shipment Distance. Where manufacturers have distributing Paints g various parts of the country, shipmem is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments art made from 6rcater distance.
acquired under fnleal or state antitrust laws for such ovem"a relating to the panimlar goods or services
,mehased or mquiand by the Funchssn pmumt m this Purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller m corned nonconforming or defective goods by a date to be agreed upon by The
Purchme, and the Seller, and the Seller hereafter indicates its inability m unwillingness to comply, the PurchUser
may came the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
cos, associated with such work.
Pamirs. Seller shall procure at sellers sale cost all necessary permits, certificates and liccoses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having junci iction over the work
of vendor. Seller further agrees to hold the City Of Fog Collins hamlese from and against all liability and loss
entired by them mm by reason of an serted established violation of any such laws, regulations, ordinances, roles
requirements.
Authorim im. All panic to this contract agree that the Tapresummtives arc, is fact, bona file and pro. full and
complete authority to bind said Punic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set but and any supplementary or additional coma and conditions amexed hereto or incorpomted herein by
Telerate. Any additional or different terms and conditions proposed by seller art objected to and hereby jected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cmmot make complete shipment to arrive on your
promised delivery date m noted. Time is of to essence. Delivery and perfroanu must be ¢Rectal within the time
stated oa to purehUse order and the documents attached hereto. No acts of the Purchasers including, without
limitmim, meepmme of partial Ism deliveries, shall operate as is waiver of Nis provision. In That event of any delay,
the Practicer shall have, in 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 rant be liable far damages Us is result of delays
due m causes ma reawrubly f able which are beyond its reawnable control and without its fwlt ofnegligenc<.
such acts of Cod, acts ofcivil Or military authorities, governmental prionties,firms, strikes, Rood, epidemics, wars or
fiats Provided that notice of the conditions mining such delay is given m the Pmchawr within five (5) days of the
time whin the Seller first received knowledge hereof. In the event of any such delay, The Time of delivery shall be
extended for the period equal to the time actually last by reawa ofthe delay.
3. WARRANTY.
The Sella warrants Out all goods, articles, mtenals and work covered by this order will confining with applicable
drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of cart and competence in accordance with accepted standard for work of a
annular ..To The Sella agrees to hold the pu¢Msia haraless from any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellars breach of wamnty. The Seller shall replace, repair or make
good, without cost no the purchaser, any defects or faults arising wi0dn one (1) year or within such longer peried of
time is, may be prewrlbell by law or by the term of my applicable wamnty provided by the Seller after the date of
accepane of the goods fgroshW hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
ant defective work dune or mamrials fign ed by the Sella. Acceptance or Use of goad by the Purchaser shall not
constitute a waiver of any cfim under this warranty. Except To otherwise provided in this purchase order, 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 ofpmfim or loss of on. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal team by wrum change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terror, usher flan legal terms, including addiuom to or deletions from
the quantities originally ordered in the speciGcatiom or drawings, by vabal or written change order. If any such
change affects the amount due or the time ofpafommce hereunder, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by wrinm change coder, terminate This agreement m to any or all parinns of the
goods then eat shipped, subjttt to any equitable adjmtmmt between the ponies Us fro any work or mtmals Nen in
progress provided that the Purcnmer shall not be liable for any clams for mticigned profits on the uncompleted
region of the good andlm work, fro incidental in conaaluential damages, and that m such adjustment be made in
favor of the Sella with repass w any goods which ve the Sellers stmdail stock. No such temination dull relive
the Purchaser or the Seller army oftheir obligations Us to any good delivered heremder.
T. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment must be asserted within thirty, (30) days Tom the date the change or rennfmation is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which the good are subjttt The Sella shall execute and
deliver such documents To may be required to effect or evidence compliance. All laws and regulations required to be
corpomted in agreements of this character ore hereby mutational herein by Nis ma nce. The Sella agrees to
indemnify and hold Ne Purchoser ham Ws from all costs and damages su1@red by the Purchaser As a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or TO become due hereunder without the
Prior written consent of the other party.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mledax, and items fumishnd
in Performance of this agreement, free and clear of my and all liens, resrictions, reservations, security interest
mandamus and claim of others.
The Seller shall releme the Purchaser and its armatures of any tier from all liability and claims of any nature
resulting form the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
diraftes, ofiars end employees ofamch party.
The Sellers contractual obligations, including warranty, shall not be dcemed to be reduced, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark
r copyright, the Sella 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 commction with the contract, and
shall indemnify the Purchaser for any cox, expense or damage which it may be obliged to pay by reason of such
infringement at any time during Ne prosecution or after the completion of the work. In case said eyuipmens, or
any pan thereof or the intended use of the good, is in such suit held to cmatitum 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 No
Purchaser the right to continue Using said equipment or pans, replace the same with substantially equal but
noninfnnging equipment, or modify it w it bacroa nonirdringgg.
I S. INSOLVENCY.
If the Seller shall become insolvent ant batnktupt make m assigmncm for the Icncfil of creditors, appoint n
Or trustee for any of Oc Sailers property or liminess, this Under may foMwith be canceled by the
Purchme without liability.
16. GOVERNING LAW.
The definitions ofterms and or the interpretation ofthe agreement and the rights of all pectic hereunder shall be
construed under and Ranged by the laws offe, Stare UrColomdo, USA.
The following Additional Conditions apply only in cases where the Sell, is to perform work hereunder,
including the maxima of Sellers Represenrative(s), on the premua ofomm.
12. 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 se of any accident, destruction or injury To the work OUTPUT materials before Sellers Gnat completion and
acceptance, complete the work at Sellers own expense and to Ne satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible Therefor TO though such materials and/or equipment
were being Furnished by the Seller coda the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for The Payment of workers eampomation, including occupational
disease bmeftts, to its employees employed on or in connection with to work wvened by Nis purchase order,
and/or to their dependents in accordance with the laws of Ne state in which the work is to be done. The Sella
shall also miry comprehensive Sound liability including, but not limited to. contractual and automobile public
liability imamate with bodily injury and death limits of at Iowa 5300,000 far any one person, 5500,000 for any
oat accident and property damage Iimh per accident of S41M. 0. The Seller shall hkewisc require his
contractors, if uny, to provide for such compensation and immanec. Before any of the Sellers or his conormors
employers shall do any work upon dw premises of others, the Seller sLatl thoughts the Purchme with a conificate
But such compensation and insurance have ban provided. San cenifcarges shall specify the date what such
compensation a imumme have been provided Such rom ifrcata shall specifythe date when such compensation
.it insurance expires. The Seller agree that such compensation and imumace shall be maintained until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell, hereby asstees the more responsibility and liability fro Tiny ab all damge. 1. or injury ofmy kind
or nature whatsoever to Persons or Property roused by m resulting Item the execution of the work provided for in
this puchom order or an mormedmo herewith. The Sell, will indemnify and held harmless the Parchme r and my
r all of the Purchnwrs o limes, agents and employees from aM against any and all claims, to.., damages,
charges Or expenses, whether direct or indirect, and whether to patent or property in which the Purchaser may
b< put or subject by reason of any nor, action, neglnr, omission or default on the pan of the Seller, my of his
contractors, Or any of the Sellers or amounts sheers, agents or employees. In an my suit or other
proceedings shall be brought against to Purchaser, of its officers, agents or employees at my time on conand or
by reason of my act, action, neglect, omission or default of the Seller of my of has contractors or my of its or
their Officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same anhe Sellers own expense, to Pay any and all costs, am us, mogrou s fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchmer or any of its or their officers,
agents or employees in such suits or other proceedings, and in can judgment or other lien be placed upon or
obtained against the property of the Purchmeq or said panic in or Us 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 oth,wim. The Seller and
his contractors shall take all safety precautions, famish aril install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1920 and all roles and regulations issued purou at Oregon.
Revised 01l1014