HomeMy WebLinkAbout550061 EVOQUA WATER TECHNOLOGIES LLC - PURCHASE ORDER - 9150600PO
PURCHASE ORDER 915060er Page
City of PURCHASE
9150600 1.12
`t Collins
Ins This number must appear
�.I ` on all invoices, packing
sli s and labels.
Date: 01/26/2015
Vendor: 550061
EVOQUA WATER TECHNOLOGIES LLC
10 TECHNOLOGY DR
LOWELL MA 01851
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 01/26/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 BLANKET PURCHASE ORDER 1 LOT LS 2,000.00
For DI water, service of
water system
ACCOUNT NUMBER:
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 stature the City of Fort Collins is exempt fmm note and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, failure or delay to
Immaral Revenue, Denver, Colorado (Ref. Colorado Revised Sections 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in fe event of a
breach, the acceptance ofor payment for goads Inamorata at approval offe design, shall not reliance the Seller of
Goods Rejected. GOODS REJECTED due to failure an meet mcieff mars, a ilia when shipped or due to defeat of
any of the mammies or obligations of this purchase order end shall not he deemed a waiver of any right of the
damage in trmssit, may be removed to you for credit and are not to be replaced except upon receipt of wmren
purchaser to most upon ounce performance hereofor any of its rights or remedies. to any such goad, regardless
instructions from the City of Fort Collins.
of when shipped, received a accepted, or m any prior or subsequent &fault hereunder, gar shall any prepared
oral modifiation or rescission of this puahau oNer by the Purchase operate by a waiver of any of the tenon
Inspection. GOODS ae subject o the City of For Collins inspection on armed.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the year of the City of Fare Collins. However, it is to be uMerstod that FINAL
Seller and the Purchaer reexamine Nat in actual averyounic Powder, overcharges resulting f northeast
ACCEPTANCE is dependent upon completion of all applicable no imd inspection procedures.
violations are in fact have by the Purchaser. Themofart, for goad cause and as consideration fro examing this
purchase order, the Seller hereby assigns to the Purchaser any and ill claims it any now have a bereafa
Freight Terms. Shipments most be P.O.R., City of For Collins, 700 Wood Sd, I. Collins, CO 80522, unless
acquired mbar federal a sale antitrust lass for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission u given to prepay freight and charge separately, the edge.[ freight
purchased a acquired by the Purchaser pursuant eo this purchase under.
bill mast acesm.ny invoice. Additional chages for rocking will not be accepted.
Shipment Distance. When manufacturers have distributing points in areas Ends of the country, shipment is
expected (ram the named distribution Point to destination, and excess freight will b, deducted fmm Invoice when
shipment are made from grater distance.
Permits. Seller shall procure at sellers sole cost all necessary, pencils, eerifrcams and hemoses equired by all
applicable laws, regulations, ordinances and rates of the sole, municipality, territory or political subdivision where
me work is performed, or rryuired by any other duly constituted public amhonty havingjurlsdiction over the work
of vrndor. Sella further agrees to hold the City of For Collins harmless from and against all liability and loss
incurred by them by rmson of an trimmed or established violation of any such laws, repulsions, on iceman s, roles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona file and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and action. stated
herein set forth and any ara emenmry or additional terms and conditions annexed hereto or incoTomted herein by
reference. Any additional or different 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 read. Time is of the essence Delivery and performance must be effected within the time
sewed oa the purchase order and the documents attached harem. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event after, delay,
the Purchaser shall have, is addition to other lisp and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a resale of delays
due to causes not reasonably foreseeable which ere beyond its reasonable control and without its fault of negligence,
such acts of God, aces aerial or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller firs, received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to me time actually last by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materim; and work covered by this order will conform with applicable
drawings, specifications, samples anNor other descriptions given, will he fit for the purposes amended, and
pafoted with the highest degree of cart and competence in accordance with accepted standard for work of a
imilar .ram. The Seller agrees to hold the purchaser harmless from any I.W. damage or expene which me
Purchaser may suR or incur on account of the Sellers breach of marady. The Sella shall replace, ameb or make
good, without cost to the purchaser, any defect or fault arising within on<(1) year or within such longer paced of
time as may be pmeriberl by law or by the term ofany applicable memory provided by the Sella after the date of
acceptance of the good famished hacunder accelerate not to be umevmnably delayed), resulting fiom impeder,
or defective work done or moterials famished by He Sella. Acceptance or use of good by the Purchaser shall not
constitute a waiver of my claim under fis warranty. Except as otherwise provided in fis purchase or leq the Sellers
liability hertmder shall extend to all damages proximately caused by the breach of my of the foregoing memories
or guammms. bat such liability shall in no event include lass of profit or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal term by written change oNer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make on, changes to the term, .,he, than legal terms, including additions, m or deletions from
the quantities originally ordered in the spenficaium in drawings, by verbal or Wrenn change order. If any such
change afTee s the amount due or me time ofperfomrmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchase, may at any time by wrium change order , nominate 'his agreement as no any a all pardons of the
good then not shipped, subject to any equitable adjustment between the parries. to any work or materials then in
progress provided than he Purcbase, shall not be liable for any claims for amicipmed Drafts an the uncompletd
Portion ofine good carper work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which one die Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any ceinir obligations as to any Goods delivered hesa nder.
t. CLAIMS FOR ADJUSTMENT.
Any claim foe adjrsemene must be anfned within rainy (30) days fmm he elm the change or temfamn is
ordered.
8. COMPLIANCE WITH LAW.
The Seller watnts that all good sold hamade, shall have been produced, sold, delivered and furnished in strict
compliance with oil op,hame laws and regulations to which the goads are subject. The Seller shall execme and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations acquired m ha
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hatless fmm all costs and damages suffered by the Purchaser as a result of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this order, or my monies due or to became due hereunder without the
prior writes co.em of the other party.
10. TITLE.
The Seller warrants full, than and connected title to the Purchaser for all equipment, materials, and item famished
in perfot a of this agreement, free and clear of my amp all lie., restrictions, n trictions, resertiors, security interest
encumbran ere and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nanwnfoting or defective goods by a doe as he agreed upon by Ne
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Examiner
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Purchaser and it contractors of any tier fmm all liability and claims of any ratme
mantling fmm 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
directors, Dicers and employees of such Party.
The Sellers contractual m1igatime, including wormy, shall not be darned to be reduced, in any way, because
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Wheneva be Seller is requited to use any deign, device, ..,coal or process covered by letter, patent, trademark
or copyright, the Seller 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 connection with the contract, and
shall indemnify the Pumherer for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any past thereof or the intended use of the goads, is in such suit held to constitute infringement and me 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 in, said equipment or pans, replace the same with substantially equal bur
noninGnging equipment, or modify it an it becomes nounfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
command wrier and governed by the laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in taus where the Seller is to Perform work hereunder,
including me services of Seders Remesenmtive(s), on the premises of others.
❑. SELLERS RESPONSIBILITY.
The Sella shall cary an said work in Sellers own risk until the arcm is fully completed and accepted, and shall,
in case of any accident, destruction or injury on the work andta materials before Sellers fall completion and
acceptance, complete the work at Sellers own expense and as the satisfaction of the Purchaser. When mstands
and equipment are fumhhed by odors for coalition. or maion by the Sella. the Sella shall receive Mood
some and handle same m the site and become mporsible therefor as though such materials and/or equipment
were being f ishdi by the Sella ands the order.
18. INSURANCE.
The Seller shall, at his own exeerea. provide for fe WMan of workers compemadon, including camatio.l
disease benefits, to its employees employed an or in connection with the work coveted by this purchase order,
ands to their deperdent in mcordance with the laws of the mote in which the work is m be game. The Seller
shall also vary comprehc.ive general liability including, but not limited to, command] and automobile public
liability insumme with Needs injury and death limits of at lam S3M.Mq far any one person, S500,000 for any
are Accident and pmperry, damage limit per accident of S400,000. The Sella shall likewise require his
if any, to provide for such comprnsmion and insurance. Before my of the Sellers or his concesecons
employees shall do any work upon the promises of others, the Seller shall famish me Purchaser with a certificate
Nat such contociand on and insurance Love been provided. Such cmifcotes shall specify me date when such
compensation and examine have been provided. Such cenifiwtes shall specify the date when such compensation
and insurvance expires . The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby mountain the entire responsibility and liability for any and all damage, loss a injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection lamwilb. The Seller will indemnify and hold hatless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to partner or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, emission or defaul, oa the pan of the Seller, very of his
contractors, or my of the Sellers or contractors officers, agents at employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or
their officers, agents or employ., rs aforesaid, the Seller hereby agrees to assume the data. Nermf and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchaser or my of is a, their officers,
agents or employees in such suits or other proceedings, and in case judgment or oNer lien be placed upon or
obtained against the property of the Purchase,, or said parties in or as a result ofsuch suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond in oferwiu. The Seller and
his contractors shall take all safety precautions, fumhh and i.all all guards necessary for the pmcmion of
accidents, comply with all laws and regulations with regard to safety including, but without limiotion, the
Ocrapsmoral Safety and Health At, of 1970 ad all roles and a gulatio. issued pursuant Nemo.
Revised 072014