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HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 8800004 (2)Date: 01/02/08 BLANKET City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 8800004 Vendor: 124314 Ship To: DRAKE WATER RECLAMATION FACILI AQUA BEN Y 7 1390'N MANZANITA ST CITY OF FORT COLLINS` ORANGE CA,92867.36023036 ENVIRONMENTAL DRIVE' FORT COLLINS CO 80525 ucuveIy udie: ouuuuo Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. 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 Qty/Units Description Extended Price 4 BLANKET PO FOR 2008 HYDROFLOC #1688 POLYMER HYDROFLOC #1688 POLYMER PRICE IS $2.08/1-13 IN 1650# BIG BAGS, F.O.B. DRAKE WRF, FORT COLLINS, COLORADO. PRICE HELD FIRM FOR 1/1/08 - 12/31/08, PER JIM MILLARD LETTER DATED 12/05/07. Total City of Fort Cqninf Director of Purchasing and Risk Management This order is r1iUhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 $30,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 urchase Order Terms and Conditions L COMMERCIALDETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of Fort Collins Amounting Division P.O. Be. 580 Fan Collins, CO 80522 Tax exemptioms. By statute the City of Pon Collins is exempt front state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificete of Registry 84-000587 is registered with the Collector of Intmend Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chopar 39-26, 114 W). Galls Rejected. GOODS REJECTED due to failure to meet specifics Lions, either when shipped or due to defttts of damage in transit, may be reamed to you fur credit and are not to be replaced except than receipt of wr'iren instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Collins inspection on arrival Final Acceptance. Receipt of the merchandise, services or egnipmmt in response to this order can result in aathaized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all uplelimble required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fan Collins, CO 80522, Unless otherwise specified on this order. If permission is given to Repay freight and charge wpnmely, the original freight bill most accompany invoice. Additional charges for packing will not be Templed. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is exported fran the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pennies. Seller shall procure at sellers sole cost all necessary permits, cenifcates and licenses lectured by oll applicable lawn, regnlatiom, volume" and raise of the state, municipality, larirory or political subdivision where the work is performed, or required by may other duly constituted public authority laving jurisdiction ova the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fione mid against all liability and loss incurred by than by mount of an imeted or established violation of any such taws, regulations, ordinances, rules and reciirenal Authotizatioa. All Parties to this contract agree that the represenativse tux, in fact, Wns fide and ptusess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits ncceptnce to the terns and conditions stated herein an forth and any supplementary or r iditional team and conditions annexed heen or inemparted herein by reference. Any additional or differenuernu rind conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT in vollianly if you cannot make complee shipment to arrive on your promised delivery time as noted 'I fine is of the amence. Delivery and perfomtance must be effected within the time stated on the purchase order and the docnmenes attached harm. No acts of the Parliament including, without Italian... me.pame of partial late deliveries, shall option res a waiver of Ibis Provision. In the even of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the claim of placing this order clsewhoe and holding the Seller liable for damages. However, the Sele, shall non be liable far damages as a resale of delays due to canoes not rcawnably foreseeable which arc beyond its reuunable central and without its fault of negligahce, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. Rood, gsidamiu, wars or Hots provided tear notice of the conditions coming such delay is given to the Fraction within five (5) days of the time when the Seller fat received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time usually lost by reuon of lbe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform wall appliwble drawings, specifications, noWles mud/or other descriptions given, will be Pt for the pmFrsse intended, and performed with the highest degree of care and competence in accordance with accepted standards fur work afa mneilm nature. The Seller agrees to hold the put chat harmless from any loss, items, or expense which the Purchaser may suff r or incur on account of the Sellers breach of warranty, The Sella shall replace, repair amake good, wcitheut cost to the Pnehuer, any defects or faults arising within one (1) year or within such longs' period of time in may be prescribed by law or by the terns of any applicable wmaanty Provided by the Seller after the date of ac ept ..re of the goods famished hereunder (acceptance not to be unreuonably delayed), resulting from imperfect or defective work done ormaterials fumishd eby the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty . Except os otherwise provided in this purchase order, the Sellers liability hereunder shall extend tu all dmnag. proxim twi, earned by the breach of any of the foregoing vausonties or guaranies, but such liability shall in no event include less of profis 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 terns by written change on 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the torn¢, other than legul terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by voted or written change order. If any such change affects the amount due or the time of performance hereunder; on equitable adjustmem shall be made. 6, TERMINATIONS. The Purchaser may, at any tine by written change order, temnlnate this agreement as to any or all portions of the goods then ram shipped, subject to my equitable adjustment beuvicen the parties in to any work or materials then in progress Provided that the Purchaser shall not be liable for any claims for mnicipntud profits on llte ancomplaed portian of the goods and/or work, for inddauld or cotwormartiul damages, and that no such adjustment be made in favor of the Sella with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchua or the Seller of any of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment most be usmed within thirty (30) days ham the d re the change or tmmination is ordered. 8. COMPLIANCE WITH LAW. The Seller' warrants that all goods sold heramda shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods art subject The Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hanless from all is and damages suffered by the Purchaser as a .all of dot Sellers failure to comply with such In. 9. ASSIGNMENT. Neither party shall assign, wanalm or convey this order, or any monies due or to hams, due hereundm'svithout the prior anuen consents of the ether party. 10. TITLE. The Seller warrants full, clear raid anresuicted tide to the Pmehaser fa all equipnwnl, materials, and items famished in performance of this agreement, fire and clear of any and all liens, restrictions, reservations, security interest alaunbrancse and cL ims of micas I I. NONWAIVER. Failure of the Purchaser to insist upon stria Performance of the times and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly ramify the Seller in the event of a heart, the orm,m ea of or paymmn for goods hereunder' or approval of the design, shall not release the Seller of any of the wanumics or obligations of this purchae order and shall not be decreed a waiver of any right of dte purchaser m insist neon strict performance hereof or any of its riglns or remedies as to any such goods, regardless of when shipped, received a notified, as to any prior or subsequent default hereunder, not shall any purported oral vacillation or rescission of this purchase order by the Purclusa operate as a waiver of any of the move hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acral economic practice, overcharges resulting from antinest violations are in fact bone by the Purchases Theretofore, for good cause and as consideration far executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or haeefier acquired under federal or' state mniunst laws for such overcharges relming to the portieuln' goods or services purchased or acquired by the Purchaur Pursuer., I. this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumluuer directs the Seiler to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seiler thereafter itedician its inability or unwillingness to comply, the Purchaser may cats, the work to be performed by the most expeditions memhs available to it, mid the Seller shall pay all costs associated with st¢h work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party monad and shall extend to the directors, officers and employees of such party. The Sellers contractual oblignions, including wamnty, shall na be domed to bo reduced, in any way, because such wok is Pat formed or caused to be perfenced by the Purchism, 14. PATENTS. Whenever the Sella is required to use any design, device, material or process coveted by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fimm any and all claims for infiingement by reason of the use of such panmcd design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infingemcet it any tine, during the prosecution a after the completion of the work. In case said equipment, or any Rod thereof or' the intended use of due goods, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure harder Purchaser the right to co tine using said equipment a pans, replace the same with sulxstamially equal but non -infringing equipment, cr modify it so it Planar. nut-infinging. 15 INSOLVE:NCY. If the Seller shall hmamc insolvent or bankrupt, make an assignnee t for the benefit of creditors, appoint a receiver or bounce for any ofthe Sellers propcny or business, this coder nay forthwith be canceled by the Purchera without liability. IG. GOVERNING LAW. The der ..itio s of toners mud or the imarmlation of the agreement and the rights of all ponies hereunder shall he commuted under and governed by the Imes of the Sate of Colorado, USA. The following Additional Conditions apply only in cues where the Seller is to perform work hereunder, including the reruns of Shcers R,qn m ntutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is rally completed and accepted, and shall, in cue of any accident, desuantion or injury to the work and/or mmet'ials before Sellers final completion and acceptance, complete the work at Selects own expense and to the satisfaction of One Purchase. When mmaials and egrlprat are hinished by others for installation or erection by the Seller. Ila, Seller shall receive, nnload, store and handle same rat the site and beeonee responsible therefor an though such materials and/or equipment were being fiedillw l by she Sella' coder the order. I8. INSURANCE. The Seller shot]. or his own expense, provide for the payment of workers compensation, including occupational disease benefis, to its employees employed on or in connection with the wok covered by this purchase coda, ardor to their dependents in accordance will the laws of One state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bill not limited to, contractual mid automobile public liability insurance with bodily injury mid death limits of at teat $300,000 for any one person, SSOQOOO for any erne accidm i and property damage limit per accident of $40aW0. The Seller shall likewise require his contractors, irony, to provide for such conqu neaiot and insurance . Before any of the Sellers or his contractors employee shall do any work upon the premiserof ohms, the S61allhall famish the Purchae' with a certificate Oat such o nepensatiom and instance have bean provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such cenificmu shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insmmnce shall be nationhood tint!] alter the entire work is completed and acaprcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usnmes the entire responsibility and liability for any and all damage, loss or injury orally kind or lattice whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchae mda or in correction hemwilh. The Seller will indemnify and hold hamteu the Purchaser and any or all of the Nationals oM.m. agents and employees from mid against any and all claims, losses, damages, chugs expanses whaler direct ar indirect, and whether to persons or property to which the Purchaser may be pm or snbjed by moran of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or' any of the Sellers in contractor ollcem agents or employees. In case any suit or other proceedings shall be brought against the Pnrcl rim or its officers, agents or employees at any lime on account or by.. of any act, action, neglect omission or default of the Seller ofany of his cotractors or any of its o' am, officers, agents or employees u aforesaid the Seller hereby agrees to =nine the defense thercef and to defend the same at the Sellers own expense, to tiny any and all toms, charges, nnomeys fees and odor expenses, any and all judgments that may be nuan'ed by or' obtained against the Purchaser or any of is w their officers, agents or employee in such skills or other proceedings, and in casejudgmem or other lien be placed aeon or obtained against the property of the Purchaser, or said pities in or in a result of such suits or other proceedings the Seller will at once cause the sane to be diuohed and dischorged by giving bond or a krone. The Seller and his contractors stall take all safety pxemmive, Furnish and install all guards necessary for the prevention of accidents, comply with all lases and regulations with stand eo safcry including, bill without limimtion, the Occupational Safety and Health Act of 1970 and all rules and regulations issncd purstanthereto. Revised 1119