HomeMy WebLinkAbout550061 EVOQUA WATER TECHNOLOGIES LLC - PURCHASE ORDER - 9150629PO
PURCHASE ORDER 915062er Page
C117/ of PURCHASE
9150629 t of z
' `t Collins This number must appear
` on all invoices, packing
sli s and labels.
Date: 01/27/2015
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: 01/27/2015 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 BLANKET PURCHASE ORDER
FOR SODIUM CHLORITE
1 LOT LS
PRICE $0.536/BL.; DELIVERED F.O.B. FORT COLLINS, COLORADO WATER TREATMENT FACILITY
VENDOR AGREES TO FOLLOW
FCWTF SOP FOR THE PURCHASED OF SODIUM CHLITE
VENDOR WILL PLEASE FORWARD CURRENT MSDS AND NSF INFOR, PER ENCLOSED LETTER.
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@fcgov.com
Total $80,000.00
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
I. COMMERCIAL DETAILS.
T'ax exemptions. By statute the City of Fort Collins is exempt frvm state and local taxes. Our Exemption Number is
98-ni Federal Excise Tax Exemption Calfir a of Registry 84-6000587 is registered with the Collector of
Internal Revennq Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 NL
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in wnsi4 may be mtumed to you for craft and are not W be, replaced except upon receipt of wriuen
Estimation fiom the City .17F. Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrbal.
Final Acceptance. Receipt of the amwNwdlse, services or equipment in response to Ili, order can reach in
amhorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is depndent upon completion of al I applicable required inspection procedures.
Freight laws, Shipment must be F.O.B., City of Fort Collins, 700 Wood St., Fog Collins, CO 80522, unless
Otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for puking will not be, accepted.
Shipment Distance. Whem manufacturers have disWbming Points in various pans of hie country, shipment is
expected man the nearest distribution point to destitution, and excess freight will be deducted fmm Invoice when
shipments arc made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses requite by all
applicable lawt. regulations, ordinances and rules of the state, municipality, redtory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurl Widion over the work
of vend., Sella Cumber ugrcw m hold the City of pan Cull ins harmless from and agalnat all liability and lass
tarred by them by reason of on assented or established violation of any such laws, regulations, ordinances
, miss
end requirements.
Authoritarian. All panics to this conduct agree that the representatives arc, in fact bow ride and possess rill and
complete authority in bind mid parries.
LIMITATION OF TERMS. This Purchase Order expressly limits xcep. to the It. and cantle. scored
herein set fart and any supplementary or additional tens and conditions awexs hereto or incorporated herein by
reference. Any additional .r different It. and conditions proposes by seller arc objected to and hereby rejector.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arnive on your
Imagined delivery date as noted Time is of the essence. Delivery and performance must be effected within the time
surd on the purchase order and the documents attached hereto. No acts of the Purchencrs including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable modest the option ofplacing this order chadme,
and holding We Seller liable for damages. However, the Seller shall not be liable for damages in a resuh of delays
due ro causes not reassembly f able which are beyond its reawtuble surged and without its fault ofnegligence,
such acts of Gad, acts of civil or military amhontics, govemmen rl priorities, fires, makes flood, epidemics, wars or
riots provided Wet notice of the conditions causing such delay is given to the Purchaser 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 period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wapnts that all good, ankles, materials and work covered by this order will conform with applicable
drawings, specifiwtiora, samples umber other descriptions given, will is, fit for the purposes intends, aad
performed with the highest degree of rare and competence in accordance with accepted stwdard for work of a
similar a due. The Seller agrees to hold the pumbiner hapless fmm any loss, damage or expense which We
Purchaser may suft or incur on account of the Sellers breach of wmrdnry. The Seller shall replace, reps'v or make
goad, without cast to the purchamr, any defect or faults arising wiWin one (1) year or within such longer period of
time as may be prescribed by law or by the Runs.fwy applicable warranty provided by the Seller after the data of
acceptance of the good famished hereunder (acceptance not to b, unreasonably delayed), resulting from imperfect
or defective work done or materials finished by the Seller. Acceptance or use of goads by the Purchaser shall not
institute 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 wuxd by the breach of any of the foregoing warranties
or guarantees, but such limil try shall in no event include loss nrpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Purchaser may make changes to legal tears by wdnen change order
5. CI IANGES IN COMMERCIAL TERMS.
'INe Purchaser may make any changes to the mns, other than legal mama, including additions to or deletions from
the quantities originally ordered in lime specifications or drawings, by acting or write.. change order. If any such
change affects the amount due Or the time of perfomance hereunder, an equitable adjustment shall be made.
6.1ERMINATIONS.
TTm Purchaser may at any time by w"rinen change order, terminate this agreement as many err all ponions of the
good then net shipped, mbject to any equitable whmtment between We got as to any work or materials then in
progress poodded that the Purchaser shall not be liable for any claims for anticipated profits on We wcompletor
Portion of the good anbar work, for incidental or rommagrendal damages, and that no such adjustment be made in
favor of the Seller with respmt to my goods which ate the Sellers standard stark. No such temi=tioa shall relieve
the P nderna or the Seller afony Of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any riman for adjustment must be asserted within thirty (30) days from the dam the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller ..is Thal all good mid hereunder shall have been produmd, sold, delivered cod famished in slim
compliance will all applicable laws and regulations w which the good are subject The Seller shall execute and
deliver such documedu as may be required to effect or Cvolerrre compliance. All laws and regulations required m he
corpomted m agreements of this customer are hereby incorporated herein by this reference. The Seller agrees to
indemnify cod hold the Purchaser hornless from all costs sad 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 convey this order, or any monies due or to become due hereunder without the
prior written cement of the other party.
10. TITLE.
The Sellerwarranu full, clear camel umesdna tide to the Purchaser for all equipment materials, and it. fumishm
in performance of this agreement, fire and clear of any and all lams, announce, reservations, security interest
mcumbuvices and claims of.drers.
11. NONWAIVER.
Failure of the Purchaser in insist upon short performance of the terms and conditions hereof, failure or delay go
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofhe design, shall not elease the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser or insist upon sneer performance hertafor any of its rights or remedies in to any such goods, regardless
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purports
oral modification or marission of Nis purchase order by the Embosser operate as a waiver of any of the tern
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in actual economicm practice, eaherges resulting fmm antitrust
violations are in fact home by the Purchaser. Theremfore fogood cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state amilust laws for such overcharges relating to the panicular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nommnf ing or defective good by a date m be agres upon by the
Porehsser and the Seller, mW the Seller thereafter indicates its i=biliry Or unwillingness to comply, the Purchaser
may wax the work m be performs by the mast expeditious means available a i,, and Ile Seller shall pay all
coals assximed with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nacre
resulting from the performance of such work.
Ili, reknse shall apply even in t]in event of Welt of negligence of the pan, gleaned and shell extend to the
directors, officers and employees of such party.
The Se11eh rontrmtual obligations, including watrew, shall not be, deems to be ra iced, in any way, because
such work is performed or caused to M performed by the Purchaser.
14. PATENTS.
Whenrea the Seller is required to use any design, desire, material or process covered by kner, patent, trademark
or copyright, the Seller shall indemnify and save hapless the Purchaser from any and all claims for infringement
by reason of the use of
Purchaser
parents design, device, mmage or process in connection with the asonof and
shall indemnify the time duri for any cost, expense after the c mplet it maybe obligor m pay by reason a such
infringement o any time during the prosecution , slier the completion of the work. In case said equipment, Or
any Pan thereof or the intended use he the goods, is in such suer held m and
at
infringement and the use of
mid equipment or pan u enjoins, the Seller shill, nt its own , replace
and at its option, either procure rim hie
Pumhmer the tight a continue using mid equipment or pans, replace We same with substantially crpml but
nninfringing equipment, or modify it m it becomes nninfringing.
15. INSOLVENCY.
If the Sella stall become insolvent m banWrnp , make an assigmnem for We benefit of creditors, ,over a
or mates far any of the Sellers property or business, this not may forthwith Je canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions ofurms used or the interpremnom of the agreemen, and We rights of all panics hereunder shall be
resolved under and governed by the laws ofhe Sum of Colorado, USA.
The following Additional Conditions apply Only or cases where the Seller is to perform work hereunder,
including the services of Sellers Reprrsenutive(s), on the premises ofoth
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Sellers own task until the more is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work andmar materiak Jargon, Seller's final completion and
acceptance, complete the work at Seller's own expense and to ,he satisfaction of the Pureh=er. Wben materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle more at the sire and became maponsible thereto, as WouPp such materials md/m equipment
were being famished by else Seller under the aide,.
18. INSURANCE.
The Seller shall, at his own ec,., preside for We payment of workers compenmrion, including occupational
disease benefits, to its employees employed on or in connection with the work muses by *is purchase oMer,
wll to their dependents in accordance with the laws of the state in which We work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contract=] and automobile public
liability insurance with bodily injury and death limits of at ]east Sgw0o0 for any one person, $500.000 for any
one accident and property damage limit per accident of $400,00o. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do try work upon the premises of others, the Seller shall famish We Purchaser with a caldron,
that such mmpensalion and insurance have been provided. Such certificates shall specify the state when such
omopensation and erwta insurance have been provided. Such ctifishall specify the date when such compensated
dd itaurnce expires. The Serer agrees that such cnmpnwtin and iwaaore shall be maintained writ atn We
.it. work u completed road accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asmmes the entire responsibility cod liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution fthe work provided for in
,his purchase Oder or in connection herewith. The Seller wil I indemnify and hold M1nmdess the Purchaser and any
r all of the Purchasers officrs, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which We Purchaser may
Ise put or subject by romn of any act action, negleet omission or default on We pan of the Seller, any of his
contactors, or coy of the Sellers ar conmactors w1icers, agents or employees. In cat¢ coy suit or other
proceedings shall be brought against tat Fractions. or is officers, agents or employees at coy time on account or
by reawn of any act, actin, neglect, omission or default of the Seller of coy of his contractors or coy of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense dotal' and to
defend the same at We Sellers own expense, to pay any and all costs, charges, anrcys fees cod other experaes,
any and all judgments that may be incurred by or counted 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 he property of dre Purchaser, or said panic in or as a result of such suits or other prunatugs,
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 all safety precautions famish and install all g=rd necessary for the preverion of
accidents, comply with all laws and regulations with regard to m&ry including, but without limitaton, the
Occupational Safety and Health Act of 1970 and all roles and regulations issue pursue, thereto.
Revised OUTNU4