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HomeMy WebLinkAbout127468 AQUATIC AND WETLAND COMPANY - PURCHASE ORDER - 9135808Fort Collins Date: 07/2212014 PURCHASE ORDER Vendor: 127468 AQUATIC AND WETLAND COMPANY 9999 WCR 25 FT LUPTON CO 80621 PO Number Page 9135808 1o12 This number must appear on all invoices, packing sli i and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 10/24/2013 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Chage Order 1 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:purchasingQfcgov.com 1 LOT EA Total Pay terms net 30 days Invoice Address: 4,502.70 70 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 Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Exciae Tax Exemption Certificate of Registry 84-6000587 h registered with the Collector of Internal Revenue, Drover, Colorado (Ref Colmdo Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure m meet spaifiwtions, either when shipped or due to defns of damage in transit, may be relamed t0 you for credit and are not to be replaced except upon receipt of written immm saw from the City of Fon Collins. Inspection. GOODS are subject to the City of Fon Collitss inspection on arrival. Final Acerciam e. Receipt of the merchandise, carvirms or equipment in c apoine to this order an result in authorized payment on the pan of the City of Fort Collins. However, it is to bo understood that FINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection proadums. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany immice. Additional charers for packing call not be accepted Shipment Distance. Where manufacturers have distributing paints in cannot pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments or made form gwmr distance. Permits. Seller shall procure at sellers sole cast all necessary permits, unalwales and boomer mmired by all applicable laws, regulations, ordinances real roles of the state, municipality, memory, or political subdivision where the work is pert eel, or remind by any other duly communist public authority having jurisdiction over the work of v ndon Seller further agrees to hold the City of Far Collins harmless from and against all liability and Iles incurred by them by reason of an axned or established violation of any such laws, regulations, ordinances, miss and regar menus. Authorization. All panics to this con urn ague that the representatives ore, in fact, bona fide and process full and complete authomy to biM said parries. LIMITATION OF TERMS. This Purchase Order expressly limits vecrpunce to the 1. and conditions sorted herein set forth and any supplementary or additional icons and conditions annexed hereto or incorporated heein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoo cannot make complete shipment to arrive on your promised delivery date us noted. Time is of the summer. Delivery and perfaomance most be effected within the time stated on the purchase order and she documents attached hoer. No cars of the Purchasers including, without limitation, acceptance ofi arrial late deliveries, shall operate m a waiver of this provision. In the event equity 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. ❑owami the Seller shall not be liable for damages as a result of delays due to causes not reasonably foruseeable which are beyond its reasonable control and without its fault of negligence, such act, of God, as ofcivil or military authorities,.ovemmenul priorities, fires, swims, thW, epidemics, cars or dots provided that notice orthe conditions amusing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge theoecf. In the event of any such delay, the date of delivery shall he exmnded fir the period or to the time woolly ton by reason fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, simeniu tam, samples torpor other deacnpdons given, will he fit for the purposes intended, and performed with the highen degree of care and comps ence in accordance with accepted standards for work of a 'mile resume. The Seller agrees to hold the purchaser harmless from any loss, damage err expense which Be Purchaser may surf or incur on amount of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchamr, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the time of acceptance of the goods famished forecasts (aceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or sex of goods by the Purchaser skill not c ootiante a waiver of—, claim undo this Warranty. E mint an otherwise provided in this purchase order, the Sellers Liability hereunder shall extend to ell damages proximately caused by the breach of any of the foregoing connote, or guarantees, but such liability shall in no event include loss of porfi6 or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Ismahmer may make changes to legal terms by women change Dade, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ra., other don legal rem . including addowas to or delctiom from the quantities originally ordered in the specification, ar drawings, by venal or urt¢n change Order If any such change aBbcts the amount due or the time ofperfomunce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may an any time by it. change order, carmincia this agrermem in, no any orall pou mmof the d goathen not shipped, subject to any equitable adjuament between the ponies as to coy work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profi¢ on the uncompleted portion of the .nods an&., work, for incidental or consequential damages, and Nat no such adjustment be made in favor of the Sella with respect to any goods which arc the Sellers standard stock. No such temrination shall relieve the Purchaser or the Sella of any of their obligations as many gods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good an, subject. The Seller shall execute and deliver such documents as may he required to a feel orevldence compliance. All laws and repulmiom required to he mcorpotated in agreements of this character arc hereby incorporated hrrein by Iles reference. The Seller agrees to indemnify and hold the Purchaser harmless from all ants and damages suffered by the Purchaser m a armult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither an, shall assign, number, or convey this main, or any monies due or 1. become due hereunder without the prior wdnen convent of the other peaty. IIT TITLE. The Seller warrants fall, clear and cmresti icted title to the Purchaser for all equipment maedals. and items famished in performance of this agreement free and clear of any and all liens, reseictions, rexnaanons, security interest mcumbmncrs and claims minion. I L NONWAIVER. Failure of the Pumhasn to insist upon strict performance of the terms end conditions hereof, frilme or delay to any rights m remedies provided heein or by law, failure ro promptly antify the Seller or the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of any of the wormnties or obligations of this purchase order and shall not be decreed a waiver of any night of the purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such goads, regardless of when shipped, received of accepted, as m ony no, or subsequent default hereunder, nor shall any pmponed oral modification or rescission of this purchase order by the Purchaser marine as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Powever recognize cast in actual ammonium practice, overcharges resulting from antitrust vidatiotu are in fact borne by the Purelever. Therumforefor anal cause and as c maidermion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Pumhear pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m cortex nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfomred by the must expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Pumhmer and its contractors of any tier from all liability and claims of any nature resulting from the pert ance, ofsuch work. This release shall apply even in the event of Paull of negligence of the party released and shall extend m the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not he decreed to be reduced, in any way, because such work is permamed or caused to he pert ed by the Purchaser. IL PAq'ENTS. Whenever the Seller e, comical on use any design, device, material or process crocard by lane,, pment tredemod or copyright, the Sella shall indemnify and save brimless the Purchaser from any and all claims for infringement by remain of the use of such patented design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work, to ease said equipment, or any Ford thereof or the mounted case of the goads, is in such suit held no constitute infringement and the use of ssid equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but normnfringing equipment, or modify it w it becomes n rrinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of coeditors, appoint a or trustee far any of the Sellers propenY or business, this odes may forthwith he coraeled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of a.. used or the inceaetmion of the agreement and the rights .(.I[ parties hereunder shall be onatioed under and governed by the laws of the Sule of Colorado, USA. The following Additional Conditions apply only in cases when the Seller is to pert work hemurdeq including the services of Sellers Represenutivgs), on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the scone is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work copper materials before Sellers final completion and weepance, complete the work at Sellers own expense and to rise satisfaction of the Purchaser. When rmsaia6 not equipment are famished by others for installation or erection by the Sella, the Sella shall receive, utdmd, care and handle same at the site and become responsible therefor as though such materials sugar equipment were being famished by the Sella undo she order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational choose henefics, on its employees employed on or in connection with the work covered by Nis Fr chase order, erode, m their dependents in accordance with the laws of the sum in which the work is m W don, The Seller shall also wiry comprehensive geneul liability including, but not limited m, com tic ual and automobile public liability insurance with bodily army and death limias of at least Swar," for any one pecan, 5500,000 for any accident and property damage limit per accident of S400,000. The Seller shall likewise require 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 of others, the Seller shah famish the Purchaser with a certificate dot such compensation and insurance have been provided. Such scnificams dull specify she date when such compensation and insurance have been provided. Such ce uffica s, shall specify the date when such compensation and insurance expires. The Seller agates Bar such compensation and inswance shall be mainnined ..,it aria the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibihiry and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or properly caused by or winning from the execution of the work provided for le this purchase order or in connection herewith. The Sella will inchumdfy and hold harmless the Purchaser and any r all of the Purchasers afrers, agor% and employees from and against any and all claims, Imses, damages, charges or expenses, whether direct ar indirect, and whether to persons nr proper to which an, Purchrom may be put or salmon by reawn of any act, action, neglect, omission or default oa the pan of the Sells,, any of his contractors, or any of the Sellers or contractors oRars, agents or employees. In case any suit or other possua lags shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Sella of my of his mnlmaors or my of its or their officers, agents or employees so of mid. Be Sella hereby agrees to assume the defense thereof and to defend the sane at the Sellers own expense, in pay any and all mass. charge, attorneys fees she ocher expenses, any and all judnptmts that may he incurred by ar obaained against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or in a result of such suits or other proceedings, the Seller will at once cause the sane a Its, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all guard neceasary for the prevention of zccidemb comply with all laws and regulation with regard to safety including, but without Ii dilator, the Occupmional Safety and Health Act of 1970 and all tales and regulations issur l pursuant thereto. Revised 01I2014