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HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 9120055 (2)City of Fort Collins Date: 03/20/2012 Vendor: 124314 AQUA BEN 1390 N MANZANITA ST ORANGE California 92867-3602 PURCHASE ORDER PO Number Page 9120055 1of2 rhi: number must appear ll invoices, packing s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 01/06/2012 Buyer: ED BONNETTE 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 Description Quantity UOM Unit Price Extended Ordered Price 2 ADDENDUM TO PO #9120055 HYDROFLOC #1688 POLYMER (REQ 41684) 1 LOT EA PRICE IS $2.23/1-13 IN 1650# BIG BAGS, F.O.B. DRAKE WRF, FORT COLLINS, COLORADO. PRICE HELD FIRM FOR 111/12-12/31/12, PER JIM MILLARD E-MAIL DATED 10/21/2011. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fork Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 43,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Temis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of FortCollins is cxcmpt from suite and lucid taxes. Our Exemption Number is 99-IW502. Federal Excise Tax Exemption Certificate of Registry 94-640K)5R7 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tonsil may be returned to you for credit and am not to be replaced except upon receipt of written instructions (ram the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the went of a breach, the acceptance offer payment for goods hereunder or approval ofthe design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any night of the purchaser to insist upon strict performance hereof or any of its rights or remedies as many such grads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shill any purported oral mortification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the meahandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. undimmed payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser tccoguice that in actual economic practice. overcharges resulting from mebo et ACCEPTANCE is dependent upon completion ofall npplieable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good 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 Freight Tells. Shipments most be F.O.B., City of Fort Collins, 700 Wood St. Fort Collins CO 80522, unless acquired under federal or state notitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Dintxnee, Where manufacturers have distributing points in various pans of the country. shipment is expected from the nearest distribution print to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall pmcurc at sellers sole cat all necessary pcmits. certificates and licenses required by all applicable Inns. 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 jurisdiction over the work of vendor. Seller further agrees m held the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances roles and requirements. Authorization. All panics to this contract agree that the representatives are, in (ncl. bona fide and possess full and complete amhenty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated hcrcin set forth and any supplementary rr additional terms and conditions annexed hereto or incorporated httcin by reference. Any additional or different terms and conditions proposed by seller ore objected to and hereby rejected. _a. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Dclkcry and performance must he effected within the time stated on the purchase order and the documents Touched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operalc ns a waiver of this provision. In the event ofnny delay. the Purchaser 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 Scllcr shall not be liable for damages as a result of delays due to causes not rec usably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts ofOod, acts ofcivil or military authorities, governmental priorities, fires, strikes. flood. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthc time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery .shall he extended for the period equal to the time actually lost by reason ofthe delay. i. WARRANTY. The Seiler wamnty that all good, articles, materials and work covered by this order will conform with applicable dmwinp, specifiemions, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one H I year AT within such longer Period of time as may be prescribed by law or by the tcros ofnny applicable warranty pmvided by the Seller a cr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warm, ones or gaamntces, but such liability shall in no event include loss ofpmfits or loss of uses 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 order. 5. CHANGES IN COMMERCIAL. TERMS, The Purchaser may make any changes to the tells, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or ssaittcn change order. If any such change affects the amount due or the time of perfomancc hereunder, an equitable injustmvnt shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not bcliablc for any claims for anticipated profits on the uncompleted portion of the gods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard snick. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any Scuds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or Icmination is ordered. S. COMPLIANCE WITH LAW, The Seller wamnty that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered 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 poor written consent ofthe other parry. 10. TITLE. The Seller warents full. clear and unrestricted title to the Purchaser for all equipment. materials and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. film Purchaser directs the Seller to correct nrnconfoming or defective good by a date to be agreed upon by the Purchaser and the Seller.rand the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay nil costs associated with such work. The Seller shall release the Purchaser, and its contractors of any tier from all liability and claims of any nature resulting from the per(omnnce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directions, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is perfomcd or crowed to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnifv rnd save harmles 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 Purchaser ternary cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aMr the completion of the work. In cast said equipment. or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but mninfringing equipment, or modify it so it bmnmes nonin(ringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpp make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without linhility. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthc agreement and the rights ofnll panics hereunder shall be construed under and governed by the laws afthe Statc of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder. including the services ofScllcrs Rcinescntalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Seiler's final completion and acceptance, complete the work at Seller', own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler. the Seller shall receive unload. ,lore and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his mvn expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with the work covered by this purchase order. mudter to their dependents in accordance With the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive gcncml liability including. hot art limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 3300,000 for any one peon. S500,001) for any one accident and property damage limit per accident of S400,000. The Scllcr shall likewise requim his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchaser with a certificate lhm such compensation and insurance have been provided. Such ecnificates shall specify the date when .such compensation and insurance have been provided. Such certificates shall specify the date When such compensation and insamnee expires. The Seller agrees that such cemnpensation and insanalm shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resprosihility and liability for tiny and nil damage, loss or injury of any kind or nature Whatsoever to persons or pronely caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmdes the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, loses, damages, charges or expenses, Whether direct or indirect and Whether to persons or pmperty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors nffmcrs, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at tiny time on seconal or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sumac at the Sellers own expense, to pay any and all costs, charges, attorneys feces 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 preccedings, and in case judgment or other lien be placed upon or obtained against the pmperty, of the Purchaser, rr said panics in or as a result of such suits or other proceedings, the Scllcr will at once cause the same to he dissolved and discharged by giving bond or alhcnvisc. The Seller and his contractors shall take all safety precaulines, furnish and install all guards necessary for the prevention of accidents, comply With all laws and regulations with regard to snfcN including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations is ucd pursuant thereto. Revised 032010