HomeMy WebLinkAbout103469 NALCO CO - PURCHASE ORDER - 9150526PO
PURCHASE ORDER 915052er Page
City of PURCHASE
50526 t °f z
Flirt Collins( his number must packing
!_\V`I {� V 1 1 on all invoices, packing
sli s and labels.
Date: 0112112015
Vendor: 103469
NALCO CO
ONDEO NALCO CENTER
ATTN: DENISE HOLLISTER
NAPERVILLE IL 60563-1198
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 Unit Price Extended
Ordered Price
2015 BLANKET PURCHASE ORDER 1 LOT LS 30,000.00
FOR NALCO 8110puly FLOC AID
55 LB BAGS; $325/1-13 PALLETIZED
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
2 2015 BLANKET PURCHASE ORDER 1 LOT LS 18,000.00
FOR NALCO 8170puiv FLOC AID
55 LB BAGS; $3.67/ LB PALLETIZED
PRODUCT COMES IN 1500 ;B/PALLET INCREMENTS; CAN MIX 8110 AND 8170 ON A PALLET.
PRICES QUOTED ARE DELIVERED F.O.B. FORT COLLINS, COLORADO WATER TREATMENT FACILITY.
8110 AND 8170 MUST BE PURCHASED TOGETHER TO OBTAIN COST SAVINGS ON 8170.
VENDOR AGREES TO FOLLOW:
FCWTF SOP FOR PURCHASING POLYMERS, ENCLOSED.
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I I. NONWANER.
9849502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
Failure of the Purchaser la insist upon strict performance of the firms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorant Revised Statutes 1973, Chapter 34-26, 114 (A.
exeroiu any rights or remedies provided hernn or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofar payment for goods hereunder or approval ofthe design, shall not release the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, miles when shipped or due an defects of
my of the womnlan or obligations of this purchase coder and shall not b, deemed a waiver of any right of the
damage to transit, may he resumed to you far credit and are trot to be replaced except upon receipt of wi n m
Pure1xaxa to mist upon sniet performance hepafite any of its rights or remWies as a any such goods, regardless
instruction from The City of Fiat Collins.
of when shipped, received or accepted, as many prior or subsequent default hermanda, nor shall any parponed
oral modifiestion or rescission of this pmoM1ase order by the Purchaser operate as a waiver of any of the toms,
Inspection. GOODS are subject to the City of Fort Collins inspection on ernval,
hereof.
or equipment in response to this order result in
❑inal Acceptance. Receipt of be merchandise, se on
e
12,ASSIGNMENIOF ANTITRUST CLAIMS.
amhonznd payment on the part of the City of TonCollins. However, it is to be understood that FINAL
Seller and the Purchaser recognizes that in actual economic practice, overcharm ges resulting froantitrust
ACCEPTANCE o dependent upon completion of all applicable required impaction procedures.
violsiom are in fact home by the Purchaser. Theretofore, fogood cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchases any and all claims it may now have or hereafter
Freight Tam¢. Shipments most be F.O.B., City of Fart Collins, 700 Wood St, Fort Collins, CO 80522, W.
acquired under federal or stain antitrust laws far such moneharga relaing to the particular good or services
otherwise specified on this order. If pemtiliion is given an prepay freight and charge intimately, the original freight
PurchasseA or saluted by the Purchaser pursuant to this purchase ariam
bill must accompany invoice. Additional charges for packing will nor be acceplal-
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
ShipmentDistance. Where manufacturers have distributing points in us partsof the country, shipment is
Ifire Purchaser directs the Seller to correct nonconforming or defective goods by a&te to be agreed on by the
expected fora the nearest distribution point a destinstion, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases
shipments are made from greater distancem
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
cook; associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary pemita, c rafiraas and licenses required by all
applicable laws, regulations, ordinances and rvlcs of the stare, municipality, i m cry or politics, subdivision where
The Sella shall release the Purchaser and is contractors of any for from all liability ant claims of any mare
the work is performed, or requird by any other duly combated public authority havingjm isdiction over the work
pending from the perfomance ofsuch work.
of vendor. Sella fuller agrees to hold the City of Fall Collins harmless from and against all liability and loss
incurred by them by reason of on assened or established violation of any such laws, regulations, ordinances, fides
This release shall apply even in the event of fault of negligence of the pain released and shall extend to the
and requirements.
directors, oRcas and employees ofsuch party.
Authorization. All parties to this contract agree that the represenarives are, in fuel, bona fide and possess full and
The Sellers contractual obligatiorn, including warranty, shall Out he deemed to be educed, in any way, baaose
complete authority to bind said parties.
such work is perfumed in caused to be performed by the Purchaser.
LIMITATION OF TERMS This Puahme Order expressly limits acceptance to the mans end condition sound
herein set font and any supplementary or additional terms and cormitions wrexM hereto or incorponted herein by
reference. Any additional or different tars and conditions propnsed by seller are objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment w arrive on your
promised delivery date as noted. Time is of the vacua. Delivery and performance must be effected within the time
stated on the purchase order and me documcnu attached hereto. No as of the Purchase. including, without
limitation, acceptance ofpanial late deliveries, shall opera as a waiver of this provision. In the event ofaoy delay,
the Purchaser shall have, in addition to other legal old attainable remedies, the option of placing this modes elsewhere
and holding the Seller liable for damages. However, the Sella shall trot be liable for damages u a result of delays
due to causes not masombly foraceable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofavil or military authorities, govermnenal priorities, fires, strikes, Baud, epidemics, wars or
riots provided that notice of the conditions causing such delay is given 10 hie Pmoh t, within five (5) days Of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the Formal Orion] to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella woman Nat all goods, articles, materials and work covered by this ardor will confusion wit applicable
drawings, specifntioe, samples andtor other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accurdance with accepted standard for work of a
similar mime. The Seller agrees to hold the ptuchow r harmless from any loss, damage or expense which the
Purchases may suffer or incur on amunt of the Sellers branch of wamnly. The Sella shall replace, repair or make
good, without cast to the purchaser, any defects or faults mixing within one (1) year or within such longer perind of
,are as may he prescribed by law or by the in. of any applicable warranty provided by the Seller after th, date of
acceptance of the good famished hereunder (acceptance not to be unrmmnably delayed), resulting from imperial
or defective work done or materials Famished by the Seller. Acceptance or use of goods by the Purchaser shall Out
common, a waiver of my claim under Nis warranty. Except m olberwine provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately sand by the breach of my of hie foregoing was tin
car Suaveness, but such liability shall in an event include loss of pri fis Or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may site changes to legal ems by written change outs.
5. CHANGES IN COMMERCIAL TERMS.
The mrcba,a may make any ebanges to the or., odor than legal tams, including additions to or deletions But
hie quantifies originally ordered in the specifications or drawings, by verbal or women change order If any such
change affects the amount due or due time afFammumce bereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchasernay m any time by written change older, terminate this agreement to to any or all Portions of the
goods then nor shipped, subject to any equitable ndjussmenl between the parties as to any work or mamdals then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the good and/or work, for incidental or comma ential damages, and that no such stipulations be made in
favor of hie Seller with respect to any good which are the Sellers standld stack. No such territorial. shall relieve
the Purchaser or hie Sella ninny of their obligations to to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he assured within thirty (30) days from the date the change or mmination is
ordered.
IL COMPLIANCE WITH LAW.
The Seller wamnu that all goads said hereunder, shall have been produced, sold, delivered and famished in spin
complaint¢ with all applicable laws and regulations to which the good are subject. The Sella shut] execute and
deliver such documenu m may be requirtsl to effect or evidence compliance. All laws and regulations required a be
ncoryomted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Forefront harmless from all costs and damage, suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my mania due or to become due hereunder without the
prior wrinen consent of the other parry.
10. ITTLE,
The Sella warrants full, clear and mmeatdcted till, to de Purcha,ee far all equipment, materials, and it. Rurd died
in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest
encumbrances and claims ofothcrs.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by Iona, paten, mdemark
in copyngld, the Sella shall indemnify and am, harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or plants in correction with the commer, and
shall indemnify the Purchaser for any.., expense or damage which it may be obliged On pay by reason of soh
infringement at any time during the prsmutim or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to consomme infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own experce, and in its optiov, either procure for the
Purchaser the fight to continue using said cquipma nt or parts, repine, the sume with substantially ryual but
twninffingwg equipmenl, or modify it so it baomes comminuting.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrvpr, make an assignment for the benefit of creditors, appoint a
receiver or music, for any of the Sellers propcny or business, this cuter may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnitions oftems used or the mtaprention of the agreement and the rights of all parties hereunder shall be
conatrued ander and ganumed by ire laws of hie Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work haeanda,
including the savicn of Sellers Rep wwourive(s), on the premises of orders.
17. SELLERS RESPONSIBILITY.
The Seller shall any, on said work at Sellers own risk until due same is fully completed and accepted, and shall,
in are of my ancident, destruction or injury on the work andror materials before Sellers final completion and
mapanae, complete for, work m Sellers own expense and to the antisfaclion of the Purchaser. When coenals
ant equipment are famished by offers for installation or erection by the Seller, the Seller shall creative, inland,
store and handle sane in the site and become ra ounsTle therefor u though such matenaB andar, exiuiprent
were being fiunishal by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed an or in connection with the work covered by this purchase order,
anNor to then dependents in accordance with the laws of the state in which the work is m be done. The Sella
musll also cony comprehensive geonl liability including, but nor limited to, coot l and mouncla a Public
liability innrarce with bodily injury and dead limits of in least SPOD.000 for any ware person, S50o,00o for any
c accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
mnmcmrs, if any, to provide far such compensation and insamnce. Before any of the Sellers or his contractors
employees shall do any work upon the premise, of others, me Sella shall famish the Purchaser with a cenifcale
that such compensation and insurance have been provided. Such cenifrps shall specify the dale when such
compensation and insurance have been provided. Such catifnms shall specify the date when such compensation
and insurance expires. The Seller agrees that such mmpensatian and insurance shall be mainaimd until after Use
.it. work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the it. responsibility and liability for any mad all damage, loss or injury army kind
Or nature avhaaoner to persons ar property aimed by or resulting from hie execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hi roles the Purchaow and any
r all of the Purchasers officers, agents and employees fora and against any and all claims, lasses, damaga,
charges or expenses, whether direct or indirect, and whether a Persons or property to which the Purchaser may
be put or subject by pain of any an, action, neglect, omission or default on the part of the Seller, any of his
contactors, ar my of be Sellers or contractors officers, agents or employees. m cue my suit or other
praceMings shall be brought agaired due Puphott, or its officers, agents or employees at my lime on mcowl W
by moron of any m4 msian, neglect, omission or default of the Seller of my of his contractors or my of its or
their affects, e,am or employees u efomal the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own existence, to pay my and all casts, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any 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 against the P.PenY of the pumhaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once sus, the same to be dissolved and discharged by giving bond or othename. The Sella and
his contractors shall take all artery precautions, famish and install all guard necessary for the presention of
accidents, comply with all laws and regulations with regard a safety including, but without limitation, the
Occupational Safety and Health Act of 1920 mull all rles and regulatiom issued pursuant thereto.
Revised 07Q014