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HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 9140490 (3)Fort Collins Date: 05/13/2014 Vendor: 124314 AQUA BEN 1390 N MANZANITA ST ORANGE CA 92867-3602 PURCHASE ORDER PO Number Page 9140490 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 05/13/2014 z 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 3 Addendum to add addtl funds 1 LOT EA 60,000.00 requisition 47344 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.mm 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 1. COMMERCIALDETAIIS. Tax exemptions. By whom the City of Fort Collins is exempt from summit local taxes. Our Exemption Number is 9"502. Federal Excise Tax Emirg rion Certificate of Registry 84-6000587 is registerrd with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39.26, 1 la (a). Goods Rejected. GOODS RFJEC'rED due to failure to meet specifications, either when whipped or due to defects of damage in tmmih may be reamed to yap for credit and or not to be replaced except upon receipt of will. imuu Lions from the City of Fon Collin. Inspection. GOODS art subject to n,e City effort Collin imprction on normal. Final Acceptance. Receipt of the merduougW, smdees or equipment in response no this order can result in authorized payment an fbe pan of the City of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure. Freight Temps. Shipments must be FOX, City of Fort Collins, 700 Wood St., Tom Collins, CO 80522, unless otherwise specified an this aide,. If pcmtission is given to prepay freight and charge separately, the original freight MI I tuna aceamnanv invoice. Additional charees far mckinn will not be accented. Shipment Distance. Where manufacturers have distributing points in samons parts of the country, shipment is expected from the nearest distribution point u, destlmhion, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary pwarits. certificates and liceaasm tequimd by all applicable laws, regulation, ordinances and rules of the stale, 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 lumber agrees as hold the City of Fon Collins hmmleu fmm and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and requirements. Amhorication. All parties to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Omer expn,asly limits accers. ho the arms and conditions stated beat set foM and any supplementary or additional menu and condition aonexed hereto or incorporated herein by reference. Any additional or different remw and conditions proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be efeaed within me time stated on the purchase order and the documenu attached hereO. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the es'ent of any 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 damage. However, the Seller shall not be liable for damages in a result of delays due to causes not measurably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, ears of civil or military amboridn, governmental priorities, fires, strdes, load, epidemics, was or nots provided that move of the condition coming such delay is given la the Purchaser within five (5) days of We time when the Seller first received krmwledge thereof In the event of any such delay, the date of delivery shall M extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conf rat with applicable drawings, sp efimtlms, samples mnDw other descriptions given, will be fit for the purposes imeraded, and performed 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 safer or incur on account ofthe Sella breach of warranry. The Seller shall replace, repair or make good, without cost to rise purchaser, any defects or (mines arising within me (I) year or within such longer pmod of time as may be prewribed by law or by the tens army applicable wwmary Provided by the Seller after me date of accrpance of the grads famished hereunder (acceptance nor m be nably delayed), resulting fmm impede, or defective work done or materials famished by me Seller. Acceptance or use of goods by the Purchaser shall act contimte a waiver of any claim under this vorawa . Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of me foregoing warranties or guarantees, but such liability shall in no event include loss of profess or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legul terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Porchnw may make eery changes to me terms, other than legal hence, including addition to of deletion fmm the quantina originally ordered in the deification or drawings, by verbal or -ridea change order. If any such change of ee ds me amount due or the time ofperfotmmace hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 'Ile Purchaser may at any time by arch n change order, terminate this agreement in to any or at l pomians of the goods then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in pmgrcu provided that the Prrdaaser shall not ba liable for any claims for anticipated pmfirs an the uncompleted portion of the goods andfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with remM to any goods which are the Sellers standard stock. No such termination shall relieve me Purchaser or the Seller army of their obligations n to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjusM[nt most be eemed whom thirty (30) days fmm me date the change or termination is Ordered, S. COMPLIANCE WITH LAW. Ile Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in with compliance with all applicable laws and regulation to which the goods we subject. The Seller shall execute and deliver such documents as may be required to elect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chro der ale worry incorporated herein by this refnrnca. The Seller agrees to indemnify and hold the Purchaser harmless fiver all costs and damages sullered by the Purchaser as a result ofine Sir[. failure m comply with such low 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder widaout the prior writtm cameo, of the aaer party. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, mofedals, and items fmished n performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest encumbrances and claims afmhers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the moms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a bra ch exercise acceptance ofor payment for goods hereunder or approval of the design, shall nut release the Seller of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the purchaser to insist upon sWet performance hear for any of in rights or remedies in to any such goods, regardless of when shipped, received or accepted, as to eery prior or subsequent default hereunder, nor shall any purported and modification or rescission of this pureM1ase Omer by the Pmchuer, pea . as a waiver of any of the It. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acwal ec c practice, m'carrerges resulting from antitrust violation sere in fact borne by the Purchaser. Theremfve,afor rgood cause and as consideration for executing this P.M. Omer, the Seller hereby auigas he the Pauchaser any and all claims d may now have in hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or del rive goods by a date in be agreed upon by the Purchaser and the Seller must the Seller tbermler indicates its inability or unwillingness to comply, the Purchaser may cause the work no be performed by the most expedition mean available to it, and the Seller shall pay all cuts msevistrd with such wick. The Seller shall mired the Purchaser and its comrecmrs Of any tier from all liability and claims of any four, resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including waamaty, shall Out be deemed to be mad uced, is any way, became such work is performed or caused to be performed by fine Purchaser. Ia. PATENTS. Whenever the Seller is mama d ro use any design, device, mmenal or process coverN by letter, patenk trademark or copyright, the Seller shall indemnify and save hamaless fire franchiser fmm any and all claims for infnngemem by mensam of the ruse of such patented design, desire, mammal or process in connection wild the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may b, obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. Or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pun is calcined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using aid equipment Or pans, replete the same with substantially rqual bur noninfringing equipment, Or modify it so it becomes nooirafnnging. 15. INSOLVENCY. If fire Seller stall became insolvent or bankrupt, make an anigmanbfor flaw benefit of creditors, appoint a or trustee for any of the Sellers property or business, Nis order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terra used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be conshved under and governed by the laws ofthe Sum of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re,werowne(s), on the premises of others. 17. SELLERS RESPOHSHJILITY. The Seller shall carry, on said wok in Sellds own risk until the setae is fully completed and accepted, and shall, in case of my accident. desamctim or injury m the work and/or mammas before Sellds final completion and acceptance, owenee the work at Seller's own expense and ro the satisfaction of the Purchase,. When materials and equipment are fgnowlaed by whom for intallanon or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials anNor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own 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, wall to their deperments in weanWce with the laws of the site N which fire work is )o be done. The Seller shall also carry comprehensive ground liability including, but not limbed to, contractual and automobile public liability insurance with Faddy injury and drvth limits of at least S300,000 fat any rate peiwn, S500,000 far my one accident and properly damage limit per accident of SGog0o0. The Seller shllR likewise regain, has conarwhors, if any, to provide for such can aw a ion mad insurance. Before any of me Sellers or his contractors employees shall do any work upon the premises of orders, no Sella stall Tannish n,e Purchmer with a certificate that such compensation and insurance have been provided. Such certifcatas shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby waanmu the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wharsaerer to person or property mused by or resulting from the execution Ofine work provided for in mis pufcbue ruin or in mmecti.O brrtwith. The Seller will indemnify tad hold harmless the Purchaser mad any or all of the Pumbaser, arteries, , agents and employees firand against any and all claims, lours, damages, charges or expenses, whether direct or indirect, and whether to permits or property m which the Purchmer may be put or subject by mason of my act, action, neglew, omission or default on the pan cribs Seiler, my of his contracmin, or any of the Sellers or contraction officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its affront, agents or employers many time on account or by reason of any Oct. action, neglect, omission or default of the Seller of any of his contractors or any of ifs or their officers, agents or employees in, aforesaid, fie Seller hereby ugaes to assume me defense thereof and in defend the sane at the Sellers own expense, to pay any and all casts, charges, ehim,, fees and Omer cepertus, any and all judgments Wt nay be, incurred by or obtained against the Purchaser or my of iu or thew officers, agents or employees in such staid, or other pmceedings, and in use judgment or other lien be placed upoa or obtained against the mperry ofine Purchaser, or said parties in or as st resell of such said, or ofhcr proceedings, the Seller will at one cause elm tame m be dissolved avd discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precaution, bowels and install all genesis necessary for die prevention of accidents, comply win, sit laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant fereo. Revised 03R010