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HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 9140490 (4)of Fort Collins Date: 07/11/2014 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: 07/11/2014 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 4 Addendum to add addtl funds 1 LOT EA 50,000.00 requisition 47676 4 P14 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By Same the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cerifirme of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denser, Colorado (Rat'. Colorado Revised Swuma 1973, Chapter 39-26, 114 (a). Good Rejened. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defect of damage in vomit, may h mounted to you for medit and are trot to b, replaced except upon receipt of written instructions from the City effort Collins. Impsaion. GOODS we subject to the City of Port Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in authorized payment oa the pan of the City of For Hwe Collins. over, it is to be understood thatFINAL ACCEPTANCE is dpnendent upon completion of all applicable "i ired impaction procedures. Freight Terns. Shipments mar be F.O.B., City of Fort Collins. 900 Wood Si_. For Collins, CO 80522, unless othemiae specified on this order. If permission is given an prepay freight and charge scpmamly, the origwl freight bill most accompany invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dum nce. Pemtits. Seller shall practice at sellers sole cat all necessary permits, cenifcares and hica s required by all applicable lass, regulation, aminaraces and rules of the state, munidpoliry, territory or political subdivision where me work k perforated, or required by any other duty vocational public authority having jurisdiction Over the work of wind., Seller further agrees c hold the City of Fort Collins harmless from and agaiw all liability and lass incurred by them by reason of an msMed or catablished violation army such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authoriry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns am condition stated herein set feed and any supplementary, or additional terms mad conditions comexed hereto or inemp.mted berein by reference. Any additional or different moms and conditions propaed by seller are objected to antd hereby rej«red. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout annot make complete shipment to amve on your promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time stand on the purchase order and me documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiter of this prevision. In the event of any delay, me Purchaser shall have, in addition to otMr legal and equitable remedies, the option ofplacing this Omer elsewhere and holding the Seller liable for damages. However, de Seller shall Out be liable for damages ss a result of delays due to causes rant rtawmbly unnameable which are beyond ins reasonable mntrl and without its fault of negligence, such acts of God, acts of civil or military carbonates, gmemmwGI priontia, fires, strikes, Band, epidemics, wars or riots prodded that notice of the conditions causing such delay is given to the Purchaser within five (5) days Of the time when me Seller fro received knowledge thereof In the event of any such delay, the data Of delivery shall be extended for she period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warmos s that all goods, articles, materials and work covered by this omen will must. with applicable drawings, spmiicaiom, samples and/or other descriptions given, will be fit for the puryaus intended, aced performed with me higher degree of tote and compmence in xcamance with accepted standard for work of a similar nature. The Seller agrees to hold me parchaer homeless Item any lass, damage or expense which me Purchaser may suffer or incur on account ofthe Sellers breach Of warranty. The Seller shall replace, repair or make good, without cast to the purchase, any defects or faults ansing within one (I) year or within such longer pmW of time as may Ise prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the good mmished hereunder (acceptance not to be immeasurably delayed), resulting from imperf t or defective wok done or matm ils unoriginal by me Seller. Acceptance or use of gook by the Purchmer shall act comtimte a waiver afnny claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereaavder shall extend to all damage Proximately atacJ by the breach of any of the foregoing wmmnties or gumentces, but such liability shall in an event include loss of profs or low 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 terms by winch change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make way claw cs to the term, other than legal terns, including additions an or deletions from the quantifies originally ordered in the xpecifacm. s Or mawinga, by virtual or --ion ,lunge order . If why Such change affects the amount due or the time ofp ifotmmre hereunder, on equitable adjustment shall h made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all potions of the goods then not shipped, subject to wry equitable adjustment between he parties as to any work or materials then in progress provided that the Purchaser shall not be lobe for any claims for anticipated profits on the uncompleted portion of the good anrfor work, for incidental or consequential damages, and that an such adjustment be made in favor ofthe Seller with railcar to any gawk which art he Sellers mainland stuck. No such mamireatim shill relieve the Purchaser err Ne Seller ofany ofthcb obligations a to any gook delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for aJjusiment must be roamed within Thirty (30) Jays from me dare me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder 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 shill execute and deliver such dmuntents as may be required to effect m... down, compliance. All laws and regulaiam required 1. be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cases and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither peon, shall assign, transfer, or convey this order, Or any mania due or to became due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, car and mrafti,a d title so the Purchaser for all equipment, mmmols, and items flandishisid in perfomrmce of this agreement, five most clear of my and all lie., movie ions, reservations, saran interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon shirt performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, fadam to promptly notify the Seller in the event of a breach the acceptance of or payment for gawk hereunder or approval ofthe stamina, shall not mi. the Seller of any of the warranties or obligations of this purchase order and shall not Ix deemed a waiver of any right of the ,.baser to maim upon mrs, perfomume hereof., any of its rights or remedies.. any such good, regamless of when shipped, received or acceptd, as to any prior or subsequent default hereunder, not shall any purported mat modification or rescission Of this purchase order by the Purchaser operate as a waiver of any of me tertm hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from sonnet violations are in fact home by the Puchaser. Theretoforerfor rgoal cause and os consideration for executing this purchase order, me Seller hereby assign to the Purchaser any and all claims it may now, have m hereafter acquired under federal or state antiwar bws for such overcharges mining to me particular goods or scmca purchased or acquired by me Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sellerto coma nonconfmming or defective good by a dam to be agreed upon by me Purchaser and the Seller, and the Seller mereafler indicates its inability or unwill ingneas to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall Pay all emu associated with such work. The Seller shall release the Purchaser said its contractors of any tier from all liability and claims of any namm resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party rekaed and shall extend to the directors, ofli,. and employes of,.,h p.my. The Sellers contractual obligations, including womanly, 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. Whenaer the Sella is required. am, any design, device, material or process covered by leve, patens, tredemad or copyright, the Seller shall indemnify and save hananless me Purchaser from any aM all claims for infringement by reason of me use of such parented design, device, material or process in connection with the ourn , and Shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m 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 suit held to constitute infringement and the me of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, tither procure for me Purchaser the right to continue sing said equipment or pans, replace the same wins substantially equal but noninGinging equipment, or modify it so it becomes nortimfinging. 15. INSOLVENCY. If the Seller shall become insolvent or Wnkmph make an assignment for the benefit of creditors, appmor a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without tabiI try. 16. GOVERNING LAW. The definitiom of menu aaxd or she interpretation ofthe agreement and the rights of all parties hereunder shall be, consfifted under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in raca where me Seller is to perform wok hereunder, including he services of Sellers R,waw dive(s), a a me premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk until he same is fully completed and accepted, and shall, in ere of any accident destruction or injury to the work and/or marerids before Sellers fical completion and acceptance, camplem me work at Sellers own as,. and a the wtisfactfon of the Purchaser. When matelots and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at me site and become responsible therefor a though such materials mdUm equipment were being famished by the Seller under me order. 18. INSURANCE. T he Seller shall, at his own expense, provide for the payment of worker compensation, including ocapational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, oast/., to their dependents i. accordance each the laws of me state in which he work is to be done. The Stile, shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with anduty injury and death limits of an least 5300.0do fro any one person, 5500.0no for any one accident and pmpmy damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to Provide for such compensation and insurance. Before my of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish he Purchaser with a certificate that such compensation and insurance have been provided. Such cemifhcams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. I he Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepter. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellerliscrebyawarreathe entire respoaibiliry end liabilityfor my and all damage, lossorinjuryofmykind or namre whowerver to persons in prepeny caused by or resulting from the execution ofthe work provided fro in this pumbase coda or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oBlcers, 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 the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on me pan of the Sella, any of his contractors, in any of the Scllm or contractors olficars, agents or employees. In ase any suit or other pmceedNgs shall be brought against he Purchaser, or its officers, agents at employees at any time on ancounl or by reason of any act, action, neglect, omission or default of me Seller of any of his contractors or any of its or their officers, agents in employees as of wid, the Seller hereby agrees to assume the defense mermf and to defend the smnc at me Sellers .tan expense, to pay any and all costs. charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against me 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 me property, ofthe Purchaser, or said parties in or as a result of such wits or other proceedings, 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 perecamiom, fumish said install all guarts necessary fro the prevention of maiden¢, comply with all bws and regulations with regard to Safety indudin& but without Iimmmom the rearmament Safety and Helm Act of 1970 and all toles and regulations issued paramount fiction. Revised (Gi2010