HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 9140490 (2)Fort Collins
Date: 02/27/2014
PURCHASE ORDER
PO Number Page
9140490 1101`2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 124314
Ship To: DRAKE WATER RECLAMATION
AQUA BEN
CITY OF FORT COLLINS
1390 N MANZANITA ST
3036 ENVIRONMENTAL DRIVE
ORANGE CA 92867-3602
FORT COLLINS CO 80525
Delivery Date: 02/26/2014
Buyer: PAT JOHNSON
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 add addtl funds
1 LOT EA 10,000.00
requistion 46822
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 $10.000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tenns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fog Collins is exempt form stale and broil taxes. Our Faemplion Number is
11. NONWAIVER.
98A4502. Federal Excise Tax Exemption Certificate of Registry 844000587 is registered with the Collector of
Failure of the Purchaser to insist upon side, performance of the terms end conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Clupter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to Panamay notify the Sevier in the eve. of a
breach, the acceptance ofor payment for goods hereunder or approval oDre design, shall not release, the Seller of
Goad Rejected. GOODS REJECTED due an failure M meet specifications, sifter when shipped or due to defuses of
any of the --gas or obligations of this purehase order and shall act be deemed a waiver of any tight of the
damage in transit, maybe rerumed m you for credit and are not m be rmlmcd except upon receipt of winam
purchaser to insist upon strict performamx hemofor my of its rights or remedies as M any such good, regardless
instructions from the City of Fog Collins.
of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Puchaser operate. is waiver of my of the temp
Impeoim. GOODS are subject to the City apron Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of Me memhandise, services or mdpmmt in rapmrse to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
maggiud p,.mt on the par of Me City of Fog Collins. However, it is to be understood that FINAL
Seller and the Purchaser mormim that in actual economic practice, o ermargas resulting from moans,
ACCEPTANCE is dependent upon completion ofall applicable ramiral inspection procedures.
violations arc in fact beme by the Purchaser. Theretofore, for good muse 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 Tang. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or some antitrust laws for such overcMges miming to the particular good or services
otherwise specified on this order. If pnmission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accamlarty invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in vanous pars of the country, shlpmcal Is
expected from the movest di,ingalion point to destination, and excess freight will be deviated from Invoice when
shipments arc made front greater distance.
Permits. Seller shall procure nt sellers sole cost all necessary permits, cerificntes and liccnes regnimd by all
applicable has, regulations, ordinances and tales ofthe state, municipality, territory or political subdivision where
,be ..,it is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor Seller further agrees In hold the City of Fog Collins harmless firm and against all liability and loss
endaged by them by reason of an asserted or established violation of any meh laws, regulmions, mdimance, tales
requirements.
Annunciation. All parties to this contract agree that the representatives are, in fact, bona fide and gases, full and
complete authority to bind said varies.
LIMITATION OF TERMS, This Purcba,e Order expressly limits acceptance to the terms end conditions stated
herein set forth and any supplementary or additional terms and conditions wmexed ham. or unintended herein by
reference. Any Militiowl or different 1. and ambitious proposal by seller are objnlud to and hereby gjmed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to above on your
promised delivery date m noted. Time is of the comme. Delivery and perfirrmance most be e1TaMd within the time
stated on the purchase order and the doestnmfs attached hereto. No was of the Purchasers including, without
limitation, acceptance of pmml lam deliveries, shall cut as a waiver of this prevision. In the went many delay,
the Purchaser shall have, in addition m other legal and muiable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. However vie Seller shall not be liable for damarten as a result of delays
due M causes not reasonably foreseeable which are "ad its masorebte antral and without it fault ofnegligence,
such acts of God, aces of civil or mi lilary authorities, govemmened priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of Ibe madnimss causing such delay is given m the Purchaser within five (5) drys f,ha
time when the Seller first received knowledge Marcell In the event of any such delay, the date of delivery shall be
extended for the period equal to the time acmally lost by reason of the delay.
3. WARRANTY,
The Seller warrants thm nil gaud, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
pedbmmal with the highest degree of care and competence in accordance with accepted standard for work of a
irelar nature. The Seller agree to hold the purchase, harmless from any lass, damage or expcnst which the
Purchaser may suffer or incur on account ofthe Sellers breach of wra arnty. The Seller shall replace, repair or make
good, without cost to the purchasem, any defects or faults arising within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms of my applicable warmnry provided by the Seller after the date of
acceptance of the goods famished hereunder Decmlance not to be umeammbly, delayed), resulting from imperfect
or defective work done or materials fumishal by Me Seller. Acceptance or use of goods by Me Purchaser shall not
constitute a waiver of my claim under this warinry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the broach of my of the foregoing wvrmntia
or guarantees, bur such liability shall in im weal include loss ofprofirs or loss of toe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pmelsomr may make changes to legal terms by wiinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke my changes to Me term,. other Man legal teats, including additions to or deletions fmm
Me qumtifies originally ordered in Me specifications or drawings, by vi l or written change order. If any such
change affects the amount due or Me time afperfmrmance hereunder, an muitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the
goods fen not shipped, subject to any equitable adjustment between the pries . to any work or materials then in
progress provided flat the Purchaser shall not b , liable for any claims for anticipated profits on the uncompleted
portion of floe goods maker work, for incidental or mmsequential damages, and that no such adjustment be trade in
favor of the Seller with resent to any goods which are in, Sellers standard stack. No such lamination shall relieve
the Purchaser or the Seller of any oftheir obligations as an any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT'.
Any claim far adjustment muss be asserted within thin, (30) days from the date the change or la ination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria
omplianee with all applicable laws and regulations to which Me goods are subject. The Seller shall execute and
deliver such documents m maybe required in effect or evidence compliance. All laws and regulations regional to be
incorporated in agreements of this character are hereby biennial herein by this reference. The Sella agents to
minority ity and hold the Purchaser harmless from all costs and damages miferal by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall design, transfer, or convey this area, or my monies due or to became due hcrtunda without the
prior written consent ofthe other party.
10. TITLE
The Seller warranrs full, clear and unrestricted title to Me Purchaser for all may., materials, and it. famished
in performance of this agreement, face and clear of any and all time rexactions, reservations, scanty interest
mcumbmnces and claims ofoMers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchase direr. fie Seller 1. correct noncommage, or defective goads by a data to be named upon by Me
Purchaser and the Selle9 and the Seller themaRer indicates its inability or unwillingness to comply, Me Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs renamed win 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 performance ofsuch work.
This release shall apply even in vie Hunt of faun of negligence of the parry released and shall extend to the
directors, officers and employees ofmch vary.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
%%It a vie Seller is rryuiral m use my designs device, mmedal or process covered by levier, patent, eaducark
or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of vie use of such patented design, device, material or process in comecriou with vie comma,, and
shall indemnify vie Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch
infringement a, any time during the pgreation a after the completion of vie wadi In case said equipment or
my pan thereof or the intended use of vie good, is in such suit held to mandate infringement and Me use of
said equipment or pan is enjoined, me Sella shall, at its own expense and at its option, either procure for the
Purchaser vie right to continue using said equipment or Isms, replan vie same with submanrially equal but
noninfringing Nuipment or modify it an it becomes noninfringing.
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 wifou, ladmin .
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights aall parties hereunder shall be
construed under and governed by the laws of the State ofColmado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including Me services of Sellers Repreumativc(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 u of my accident destruction or injury to Me work and/or ma ands before Sellers Mail completion and
acceptance, complete the work at Sellers own expense and to the smisfaction of Me Purchang. When materials
and equipment we fomishal by others for installation or erection by Me Seller, Me Sella shall receive, unload,
store and handle same at Me site and become responsible therefor as though such materials and/or equipment
ware being famished by Me Seller udder the order.
IRINSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bereft,, to its employees employed on or in annealing with Me work covered by this purchase order,
mNor an their dependatts in accordance with Me lases of Me stale in which Me work is to be done. The Seller
shall also carry comprehensive general liability maturing, but not limited to, mntmtual and automobile public
liability insurance wiM why injury and death limits of. least S300.0q for my one person. 5500,000 for coy
one accident and property damage limit Pa accident of S400,000. The Seller shall likewise raluie his
if any, to provide for such compensation and tessuranes. Before any of fe Sellers or his contractors
employees shall do any work upon fie premises of others, he Seller shall famish the Pmcha err with a cmifiwle
that such comp reatiun and insurance have ban provided Such certificates sell specify Me date what such
exm,wertion and insurance have been provided. Such cetificales shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net no
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the entire responsibility and limit ily for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in
,his purchase order to M connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether M persons or prepay to which the Purchaser may
be put or subject by reason of any era, action, neglect, omission or default on the part of Me Sella, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proreedings shall be brought against Me Purchase , or its oRcers, agena or employees many time on i ccomt or
by reason of any act, action, initial, omission or default of the Sella of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees M assume the defense the of and to
defend the same at the Sellers own expette, a pay any aod all costs, charges, mwww x fees and other expenses,
my and all judgments that may be incurred by err obtained againul fie Purchaser of 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 m
obalual against not propmy, ofne Purchaser, or said pries in or as is result fsuch its or oMe, proceedings,
the Sella will at once cattle Me same a be dissolved and discharged by giving band or otherwise. The Sella and
his ran outom shall take all safety precautions, harsh and install all guard tow scary f Me prevmtio , of
necklaces, comply win all laws and regulations with regard to safety including, be, without limitation, fie
Occupational Safety and Health Act of 1970 and all rules and regulations issued imaging therey.
Revised 03nOlO