HomeMy WebLinkAbout511833 AQUITAS SOLUTIONS INC - PURCHASE ORDER - 9131266Fort Collins
Date: 11/13/2014
PURCHASE ORDER
Vendor: 511833
AQUITAS SOLUTIONS INC
300 COLONIAL CENTER PKWY SUITE 100
ROSWELL GA 30076
PO Number Page
9131266 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/13/2014 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
s CO#1 Additional funds needed 1 LOT EA 108,426.25
for completion of Phase II
Provide System Adminstrator and Integration support and migrations to
DEV, QA, and PROD. The PCR also provides time for completion of system
requirements, issue resolutions, GIS support, Data Migration support,
Project Management, User Training, and Go Live support for WFO Phase 2.
s CO#1 Additional funds needed 1 LOT EA 108,426.25
for completion of Phase II
7 CO#1 Additional funds needed 1 LOT EA 108,426.25
for completion of Phase II
9 CO#1 Additional funds needed 1 LOT EA 108,426.25
for completion of Phase II
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Fort Collins
PURCHASE ORDER
PO Number Page
9131266 20f3
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.com
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tennis and Conditions
Page 3 of 3
I. C0MMERCIALDETA1LS.
Tox exemptions. By stator Me City of Fan Collins is exempt from store and local cox.. Our Exemption Number as
98-04502. Textual Exeiae Tax Exemption Certificate of Registry 84-6000589 is egistetM with the Collector of
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
Goods Rejected, GOODS REIECTED due to failure to meet specifi.aumm, either when shipped err due to defects of
damage in transit, may be retumal to you for credit and are not to be replaced except upon receipt of wrinen
Instructions from the City of Fort Collins.
Inspection. GOODS are subject in the City ofFi a Collis inspection on arrival.
Final Acceptance. Receipt of the mercharWise, services or equipment in response to this order can molt in
authorized payment on the pan of the City of Fart Collis. However, it Is to b, understood that FINAL
ACCEPTANCE is depetWent upon completion ofall applicable required i.p=tion procedures.
Freight Term. Shipments must be F.O.B., City of Fan Collins, 7W Wood St, Fan Collins, CO 80522, unless
mhorwise specifi d on this ordm. If pemossion is given re prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in vam. parts of the country, shipment is
expected from the nmml distribution point to deatimation, and excess freight will be disband form Invoice wham
shipments we made form grater distance.
Permits. Sella shall pressure at sellers to cast all necessary permits, certificate, drat lice.s unfenced by all
applicable laws, regulations, ordinances and rules of the same, municipality, territory or political subdivision where
the work is performed, or requiraxl by any other duty constituted public suthorily having jurisdiction over Ore work
of vendor. Seller rater agrees to held the City of Fort Collins Familiar from and agaist all liability and lost,
incurred by them by reason of an assured or established violation of any such laws, egulatiars, ordinances, rates
and requicaraft.
Amhoriaation. All parries rev this contract agree that the representatives are, in fact, bona fide and Iaossess full and
complete whonty to bind said Portia.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance W the terms and conditions actual
herein set form and any supplememary or additional terms and conditions annexed hereto or incoryoated herein by
refercnce. Any additional or different tears and condition proposal by seller are objected 10 and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Hyou cannot make complete shipment to wave on your
promised delivery date as timed. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documews attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate ex a waiver of this provision. In the event crony delay,
the Pmchuer shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella nhall not be liable fir damages as a result of delays
due to causes nor reasonably fomcevble which are beyond its reasonable control and without its fault of negligence,
such as of God, acts of civil or milimry autM1onties, govamnental priorities, fires, amlk., Rood, epidemics, wars or
hots provided cast notice of the conditions causing such delay is given to the Purchaser within five (5) days of tat
time when the Seller first received knowledge thermf. In the even of any such delay, the dale of delivery stall be
extended fift the period equal to the time actually lot by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with Me highest degree of care add competence in accordance with accepted standard for work of a
similar natore. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of wmmnty. The Seller shall replace, repair or make
god, without cost to the purchaser, any defects or faults arising within one (1) your or within such longer period of
time as may be prescribed by law or by the menu of any applicable warranty provided by Nun Seller s0er the date of
.or,.. of care goods fumishM hereunder (acceptance not co be umeasorebly delayed), mulling from imperfect
or defective work done in materials fmished by the Seller Acceptance or use of goods by to Parch.er shall not
constitute a waiver of any claim under this warrmry. Except u otherwise provided in this purchase order, Me Sellers
liability hereunder shall extend to all damage proximately caused by the breach of my of the foregoing wmrantio,i
or guarantees, but such liability shall in am occur include loss ofpmfits or loss of ass. 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 warn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temas, other than legal rams, including additions to or deletion from
the gmanlifes originally ordered in the specification or drawings, by vast m wrinen change order. If any such
change affects the amount due or the time of lawhommu ce hereunder, an equimble adjustment strait be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinew change coder, cermiamla this agreement as to my at all portions of the
good Men not shipped, subject to any equitable mijusment between the panics as to may work or materials their in
Progress provided that Me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods maker work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect In, any good which are Ne Sellers standard stock. No such termination shall relieve
the Parch. .,,he Seller of any oflhci, obligations As to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for udj.tment most be assened within thirty, (30) days from the date Me change or tennimtim is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wmrants chat all good sold hereunder shall have ban produced, sold delivered and fnmuhal in saner
compliance with all applicable laws and regulations to which Me goad are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence cemplfnce. All laws and regulations required to be
incorporated as agreements of this character are hereby hicmpamted heeln by this reference. The Seller ogees an
indemnify and hold the Purchaser harmless form all cons and damages suffered by the Purchases in a result of fie
Sellen ful lure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior wrinen cement ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted fide to the Pumchmer for all equipment, materials, and items famished
in perfectionist, of this agreement f and clear of my and all lie., mtrictio., reservations, security interest
mans cries and claims ofmbers.
II. NONWAIVER.
Failure ofthe Purchaver to insist upon strict performance ofthe terror and conditions hereof, failure or delay, to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the recepmce ofor payment for goods hereunder or approval office design, shall not release the Seller of
any of the wannnties or obligations of this purchase order and shall not be deemed a waiver of any right of the
porchoser W insist upon strict performance herafm any of its rights or remedies s to any such goods, regardless
of when shipped, received m accepted, in to any prior or subsequent default hereunder, nor shall any purported
oat modification in rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser caugniu that is actual tt c practice, overcharges mulling form militant
violations are in fact home by the Purchaser. Theretofore, forgoodcase mall res consideration for executing this
purchase order, the Seller hereby assign to the Purchser any and all claims it may now have or heeafta
acquired under federal or state natinust laws for such overcharge; 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 conect nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may wuu Me work to be performed by the most expeditions area. available to it, wait the Seller shall pay all
costs assocftal with such work.
The Seller shall release the Purchaser and its contractors of any tier ham all liability ad claims of any down,
resulting Ism the perfomwce ofsuch woh.
This release shall apply even in the even of fault of negligence of the pan, released and shall extend to the
directors, officers and employees fsuch piny.
The Settees contractual obligations, including warranty, shall not be deemed to be educed, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to nse say design, device, material or process covered by letter, ptuenr, trademark
r copyright, Me Seller shall indemnify and sere hormlass the Pashas, from any and all claims for infringement
by reason of Me use of such poteated design, device, material or process in connection with Me contract, and
shall indemnify the Purchaser for any cos, expense or damage which it may be obliged to pay by cousin ofsuch
infringement many time during the prevarication or after the completion of the work. In cue said equipment, or
any pan thereof or the intended one of the goods, is in such suit held to co.limte infringement And the use of
said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either procure for to
Purchaser the right W continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes no unhinging.
15. INSOLVENCY.
If the Seller shot) btteme insolvent or shot mpt, make W assignment for the benefit of creditors, appoint a
receiver or matce for any of the Sellers property a business, this order may forthwith be canceled by fie
Purchaser without liability.
16. GOVERNING LAW.
The definitions of,. used or elm interpretation of the agreement and the rights of ell panic hereunder sholl be
construed under and governed by the Iawx of the Smte ofColoado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers ReprcsmodweD), oa the premises ofethers.
17. SELLERS RESPONSIBILITY.
The Sella shall any on said wark at Sellers own risk until the same is fully completed and accepted, and shall.
in use of any accident, deswcfion or injury to the work sandier materials before Sellers fical completion and
acceptance, complete the work at Sellers awn expo v e and to the smisfactioa of the Purchaser. When moteriah,
and equipment ae f ishW by ohen for installation or ore ds by Me Seller, Me Seller shall receive, unlsd,
store and handle same of Me sin and became responsible Mark as though such materials an,ism equipment
were being furnished by the Seller coder the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, ,, its employees employN on or in connection with the work covered by this purchase order,
andsar to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but rot limited In. commercial and automobile public
liability insurance with bodily injury and drab limits of at lest $300,000 for my one person, 5500,000 for any
one accident and property damage limit per accident of 5400,000. The Seller Mail hiew¢e reclaim hu
mntrecters, if any, to provide for such compenutim and tuureoce. Before my of Ore Sellers or bit contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compmmti en and insurance have been provided. Such certi0cmu shall specify the date when such
compensation and insurance have been provided. Such cenifictunat shall specify fun date when such compensation
and wormance expires, The Seller agrees quit such compnsaadnn and iruurmce shall the maintained coal after the
entire work is completed and accepted.
19. PR0TEM ]ON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind
or nature shatmoser to persons or property roused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hdrml.s the Purchase, and any
or all of the Purchasers olBcers, agents and employs from and against my and all claims, losses, damages,
charges or «penes, whether direct or indirect, and whether to persons or property be which Me Purchaser may
be put or subject by reusoat of my act, action, neglttt, omission or default on the pm of the Seller, my of but
comtactam, a any of the Sellers or communist .1icon, agents or employers. In . any suit or other
proceedings, shall be brought against Me Parchser, or its ofliem, agents or employees at my time on =count or
by reaon of my act, action, neglect, omission or default of the Seller of my of his contraction; a my of its or
their officers, agents or employees u aforesaid, the Seller hereby agrees an assume the defense thereof and to
defend the same at Me Senor own expense, to pay any and all casts, charges, attomeys fees and other expenses,
any and all judgments that may be incurred by or obtained almost the 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 the property, of fie Purehsep or said ponies in or as a result ofsuch suits in other proceedings,
Me Seller will at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seller and
his contractors shall take all safety precautions, famish and iumll all guard notesow, for the prevention of
accidents, amply with all laws and regulations with regard W safety, including, but without limitation, fie
Occupational Safely and Barth Act of 1970 and all rules and regulator. issued ptstmnt Mo..
Revised 07n014