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HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 9140490 (5)Fort Collins Date: 10/17/2014 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: 10/16/2014 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 s Addendum to add addtl funds requisition 48302 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@fogov.00m ilSiif -I Total 116,500.00 ifG1141114 t r Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DEfADS. Tax eaemp wvsns By suture me City of Fon Collins is exempt from suite and local lazes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of formal governor, Denver, Colorado (Ref. Colorado Revised Stawa s 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped w it., to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of women inured... firm the Ciry of Fan Collins. Inspection GOODS are subject to the City of ran Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, Services or equipment in response to this order can result in aamor¢ed paymmr on the pan of the City of FortCallim, However, it is W M understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tenth. Ship.. raw, be F.O.B., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, me original freight bill mast accompany invoice. Additional charge for lacking will not be accepted Shipment Distance. Where manufacturers have distributing Points in corom pans of me country, shipment is expected from the nearest distribution paint m dedication, and excess freight will he destined flown Invoice when shipments are made fmm greater distance. Permits. Seller shall prorate at sellers sole cast all necessary permits, eenificata and licenses rryuired by all applicable laws, regulations, ordinances and roles 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 to hold 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, rules and se michu m. Authoundion. All parties to this contrast agree tint rise represem atives are, in fast, how fide and possess full and confirm authority W bind said parties. LIMITATION OF TERMS. This Purchase Oder expressly liners acceptance to We an. and conditions sated herein ser both and any supplementary or additional terms and conditions wasexed hereto of incorpamad herein by reference. Any additional m different terms and conditions proposed by Sella are objected to and hereby rejaled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoa cannot make complete shipment to arse on your promised delivery date as noted. Time is of the esenm. Delivery end performnce must be eRecrd within the time stated on the purchase order and the documents attached heete. No acts of the Purchasers including, without limitation, acceptance criminal late deliveries, shall opemm as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me uprisen of placing this order elsewhere and holding the Sella liable for damages. However, We Seller shall not he liable for damages as a It of delays due to comes not reasonably foreseeable which are beyond its r..able control and without its fault of.alhImace, such acts of God, acts ofeivil or military authorities, guvernmemal priontiev, fares, canker, Rood, epidemics, wars or new provided that notice of the conditions coming such delay is given to the Purchase within five (5) days of me time when fe Seller ftm received l owledge therm[ In the event of any such delay, me door of delivery call be extended for the planed egwl W the time normally lest by rtawn of me delay. 3. WARRANTY. The Sella woo 1 Oar all good, trades. marenals and work covered by fis order will conform with applicable drawings, sponficanims, sample and/w other doscdptloas given, will be fit for the proposes intended, and performed with the highest degree of cart and competence in accordance with awaited standards for work of a similar wtun. 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 oe marry. The Seller Sall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable warranty provided by the Seller after the rime of acceptance of the good famished hereunder bucepmnce not to be unrommubly delayed), resulting fmm antitumor or detective work done or materials famished by to Sella. Acceptance or we of goods by the producer shall tut connote a waiver array claim match this warranty. Except as otherwise prodded in this pumhme order, the Sellers liability hereunder shall extend W all damages proximerly caused by the breach of any of the foregoing w311andwx or guarantors, but such liability sail in no event include lass of pmfirs or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes an legal tams by wrna, range order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by venial or writlen change order. If any such change affects the amount due or the time ofperfomtance hereunder, an equitable adjustment shall be made. 6. TERMINAT IONS. The Purchases may m any time by winter change order, temunam this agreement as to any or all ponions of me goods then not shipped, subject to any equitable adjustment between the parties as to any work or materiak then in progress; provided that me Purchaser shall not M liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or constitutional damages, and that nun such adlnamend be made in favor of me Sella with respect to any goods which are the Sellers standard stock. No such mostrestmar shall relieve the Fumhasr or the Sella of any ofineb obligations as ro any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjwtmml must be nssmed within thirty (30) days from me date the change or monomers is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulmim, to which the gaud we subject The Seller shall execute and deliver such documents as may be required W affect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees W indemnify and hold the purchaser hmmless fiver, all cases and damages su@red by the Purchaser as a result of me Sellers Panne m comply with such law. 9. ASSIGNMENT. Neither, parry shall assign, raafm, w convey this order, w any monies due or w become due hereunder avid.., she poor wrath consent ofine other parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser, far all equipment, matcnals, and it. furnished in performance of this agreement, f and clew of any and all Iona, restrictions, reservations, security interest encumbmnca and claims of omen. 11. NONWAIVER. Failure of tba purchaser to ias¢t upon strict pert arse of the means and condificas hereof, failure in delay w any rights or anomalies provided herein or by raw, failure to promptly notify the Sella N me event of a breach, exercise acarprome of of pnymml for goad haeunder or approval mthe design, shall not release the Seller of any of far warranties or obligatiow of mix purchase order and shall not w doomed a waiver army right of the purchaser to insist upon strict performance favorer arty ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, w to any prior or subsequent default hereunder, nor shall any puryoned oral mast ficmion w rescission of this purchase order by he Purchaser, operate as a waiver of say of the terms hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and me Purchaser recognize that in noun[ economic practice, overchae rgresulting from mtitrust violations arc in fact home by the Pardoner. l heraorore, forgoodcancer and in c rdarki fition for executing dds purchase coda, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sate antitrust laws for such Overcharges relating to the partimlm good or semce purchased w acquired by the purchaser pursuant to this purchase order. B. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by me Parchwa and the Sella, =it the Seller thereafter indicates its inability or unwillingness W comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller mall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in me event of fault of negligence of me party released and shall extend W me directors, oMaers and employees ofsuch may, The Sagas conmenual obligations, including wamenty, shall col be deemed W be reduced, in any way, beegwe such work is performed in caused to be performed by the Pureasson. 14. PATENTS. Whenever the Sella is required W use any design, device, material or process covered by letter, parr, trademark or copyright, the Seller shall indemnify and save him lass the Purchaser form any and all claims for infrngement by reason of the use of such patmrd design, device, material or process in .,firm with the contract, and shall indemnify she Pmchuer for any cost, expense w damage which it may he obliged W pay by reason of such infringement at any time during me prosecution or afla the completion of me work. In case said equipment, or any pan thereof of the madded use of the goods, is in such suit held W constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wing said equipment or pans, replace me same with substantially equal but noninfnnging equipment, or modify it so it became comminfigh,. 15. INSOLVENCY. If me Seller shall become moolvait or bankmpt, make an assignment for me benefit of creditors, appoint a receiver or trustee for any of the Sellers propmy m business, this order may fmbsith be cameled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of Was wed or the iaterprcation ofine agreement and the rights wall parries heteurdcr shall be consaued under and governed by me laws of the Sum of Colordo, USA. The following Additional Conditions apply only in cases where me Sella is W perform work hereunder, including the services of5ellers Representativa(s), on the premises of others. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in caw of any accident, destruction or injury to the work and/or materials before Seller's fall completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When mataiak and cquiprmm are Banished by others four installation in ertaion by the Sella, the Sella shall receive, wdoad, atom and handle same al the sire gnd become terminable therefor as enough such rwledals wWor quipmmd were being famished by the Seller under the War. 18. INSURANCE. The Sella shall, set his own expense, Provide for fe payment of workers compensation, including occupational disease bencfts. to its employees employed on or in connection coif the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited W, contactual and automobile public liability imurance coif bodily injury cad deaf limits of nt least 53.,.0 far any one Perham, ESW,W0 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors. if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon me premises of others, the Seller shall famish she Purchaer with a certificate that such compensation and imumnce have been provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such cendmates shall specify the date when such compensation and insurance capita. The Sella agrees that such compemation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assuna5 the entire responsibility and liability fat any and all damage, lass or injury of., kind r nedure whosoever to pawns or property caused by or resulting fmm Ole execution ofine work provided for in this p—haw order or in connexion terewim. no Sella will indemnify and hold hmmless me Purchasr and any r all of the Franchisers offcers, agents and employees fmm and .gains, any and all claims, losses, damages, charge or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put w subject by reason of say tax, action, ncglat, omission m default on me pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other proceedings 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 Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, me Seller hereby agrees to assume the defense throad and w defend We vme at fie Sellers own expense, to pay soy and all costs, charges, zttomeys fees and cafe, expenses, any and all judgments Out may be incurred by or obtained against the purchaser or any of its or their officers, agents or employees in such suits or other proceedings, end in case judgment or other him be placed upon or obtained against me prepair of the Fumhaser, or via parties in or as a result of such suits as ome, proceedings, Oa Sella will in once taus the same to be dissolved and challenged by giving band or w aveise. The Sella and his comore. shall take all safety precaurimss, famish add instill all goad necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiatiW, me Occupational Safety and Health Act of 1970 and all rule and regulations issued pursuant mcran. Revised 072014