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HomeMy WebLinkAbout100753 AQUATICS ASSOCIATES INC - PURCHASE ORDER - 9147562City of /11 For_t Collins Date: 12/23/2014 Vendor: 100753 AQUATICS ASSOCIATES INC 3013 E MULBERRY ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147562 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Fossil Creek Park Lake Aeration Equipment Upgrade 1 LOT LS Fossil Creek Community Park lake aeration equipment upgrade per invoice 4680 dated 12/22/14. Total Pay terms net 30 days Invoice Address: 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 11,756.84 1.756.84 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Pon Collins is exempt from slate and moat taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cetificaa of Registry 84-6000587 is registered with the Collator of Failure of the Pumhaur to imist upon strict performance of the team end conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statmea 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly Many rise Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval offle design, shall out release the Seller of Goods Rejioed. GOODS REJECTED due m failure w mttt specification, either when shipped or due Is defects of any of the w 1m, or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in cannot, may be retuned to you for credit and are not to M replaced except upon receipt of written purchaser to insist upon strict performance h.afor any of its rights or remedies as w any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, m w any prior or subsequent default hereunder, nor shall my pmpoted oral modification or rescission of this Purchase order by the Purchaser operme as a waiver of any of the tents Impecrion. GOODS are subject to the City of Fort Collin inspection on arrival. firewf. Final Acceptance. Receipt of Ore merchandise, seniors or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nudmnarm payment on the pan of the City of Fen Collins. However, it is to M understood that FINAL Seller and the Purchaser recognize Out in actual economic Practice, overefic's resulting from summer ACCEPTANCE is dependent upon complehion of all applicable ewuired inspection procedures. vio[atiom arc re in fact Some by the Puhaser. Thm eofort,for good emu, and as consideration for exewting this Immune under, the Seller hereby sssigns to the Pmehae r any and all claims it may noav have or so eafr Freight Tema. Shipments most he F.OB., City of Fort Collins, 900 Wood St-, Fort Colliru, CO 80522, unless inquired under federal or suite antitrust laws for such overcharge relating to the panicumr goods or services Otherwiu specified on this order. If permiadim is given to prepay freight and clarge w,amxI,. the original freight purchased or acquird by the Purchaser pursuant to this ptachase ord, bill most accompany income. Additional charges fro packing will not M accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser dime, the Seller w coned nonconforming or defective goods by a date to M agreed upon by the expeded man the nearest distribution paint to destination, and excess freight will Is, deducted from Immlce when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchmer shipments are made from greater distance. may cause the work m M perforated by the mast expedi0ous an. available w it and the Seder shall pay all cos, associated with such work. Permits. Seller shall procure at sellers sole ant all necessary prnnits, certificates and licenses required by all applicable laws, regulation, ordinances and roles of the ,ate, municipnlity, 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 Fen 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, roles and of iremem. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by remrmfe. Any mditiuval or different mans and conditions prepnsed by seller are finec rd to and hereby utjnted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately ifyou cm,nm make complete shipment to antis, on your promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation acesporma, of partial late deliveries, shall operate as a waiver ofthis provision. In the event many delay, the Purchaser shall have, in addition to other leg I and cquimble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to tames hot commodity foresttable which ere beyond its reasonable control and with. its fault ofmillb'fim' such acts of God, acts ofcivil or military authorities, governmental produce, Gres, strikes, Rood, ciidemiu, wars or hots provided that notice of the conditions causing such delay is given w the Pmchsse within five (5) days or tM time when the S,Iler first received knowledge therm[ In the event of any such delay, the date of delivery shall be extended for the period wnl to the rime usually lost by reason of the delay. 3. WARRANTY. The Seller wmrana that all goods, articles, mmeriaB and wok covered by this order will conform with applicable drawing, specifications, somples nrrNor other descriptions given, will M fit for the purposes intended, and performed with the highest degree of core and rompdence in accordance with accepted standards for work of a imilar rumrc. The Seller agrees to Mid the purchaer hennles f any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wmmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults rinsing within we (1) year or without such longer pearm of time in may M prescribed by law or by the term ofany applicable wananry provided by the Seller after the datr of ecceptunre of the good f ishd hereunder (accepance not to M comfortably delayed), resulting from imperfect or defective work done Or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not terminate a waiver of any claim under this woman, Except ss otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guaantim, but such liability shall in no event include loss of pro0ts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to leg[ to. by wnnrn change mdn. 5. CHANGES IN COMMERCIAL TERMS, The Purchme may make my changes to Ne rants, usher Nan legal terms, molmin6 additions m or deloions from the quantities originally ordered in the specifications or drawing, by verbal or wrinen change order. If any such change affects the amount due or the time orperfomtance hereunder, an eflo able adjustment shall be made. 6. TERMINATIONS. The Purchmer' may at any time by written change order, terminate this agree eat re to any or all potions of the goods then not shipped, subject to any Muitnble adjustment between the panics ti to any work or materals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pone= of the goods andror work, for incidental or consequential damages and that no such adj moment M made in favor of the Seller with rspect to any goods which are the Sellers standard stack. No such communion shall relics, the Purchaser or the Sell. of any ofchci, obligations m to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjmtment must M mounted within flurry, (30) days from use date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmnts Out all good sold hereunder dull have been produced, said, delivered and f fished in shin compliance with all applicable laws and regulations to which the good are subject. TM Seller shall execute and deliver such documents as may M "mod to effect or evidence compliance. All laws and regalwon mryired of M incorpomom in ancestor; of this character are brreby incorporated herein by this reference. The Seller agree to indemnify and hold the Purchaser hahnleas from all costs and damage sutieod by the Pathosuir as a.11 of Ore Sellers failme, to comply with such law. 9. ASSIGNMENT. Neither parry shall consign, tr9nsfce, or convey this order, or any monies due or to become due hereunder without Be prior written examand ofthe other parry. 10. TITLE. The Seller warrants full, clor and committed title to the Puchmer for all equipment, material and item fmished in performance of this agreemnt free and clear of any will all lien, feshict om, comminute, sccuriry interest wcumlmnra and claim of ushers. The Seller shall release the purchaser and its contractors of any tier from all liability and claims of any nature 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 ofmch party. The Seller's comrucwal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device material or process favem by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchmer for any cod, expense or damage which it may be obliged to pay by town of such infringement at coy time during the promotion or after the completion of the work. In tear, said equipment, or any pan thereof or the intended usr of the goods, is in such suit held m constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, al its own expense it at its option, either p.a fm the Purchaser the right to continue using said equipment or pans, replace the same with substantially rgtal but commingling, equipment, or modify it so it become noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or ba'kmpt, make an assignment: for the benefit of cndimrs, appoint a receiver or mediamedia,fin any of the Sellers property err business, this order, easy forthwith M canceled by the Purchases without liability. 16, GOVERNING LAW. The deftnitiom of term used or the intcsprcmtion ofthe agreement and Ne rights ofall panics hereunder shall be wowed undn as governed by the laws offl a State of Colorado, USA. The following Additional CoMidons apply only in couss where the Sella is to perform wok hereunder, including the sm.em ofSrI m R,manative(s), on the premises of Others. IT SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the same is Billy completed ma accepted, and shall, in eau of any incident, destruction or injury to the work wdlor materials before Sellers furl completion and acceptance, complete the work in Sellers own expense and to the satisfac0on of the Pmebsser. When materials and wuipment are f mished by others for installation in erection by the Seller, the Seller shall receive, unload, store and Image same a the site and become responsible therefor n though such materials anNor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, providefor the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pamhau order, wi to their defender's in accordance with the laws of the state in which the work is to M done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofat least S300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insummer. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a cenificme that such compensation and insurance have been provided. Such certificates shell specify the dare when such umpenmtion and insurance have been provided. Such certificates shall specify the dine when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall M maintained until after the entire work is comply eel are awepad. M PRO 'I'ECI'ION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby resumes the mine responsibility and liability for any and all damage, If. or injury of any kind wture whatsoever m persons or property catxsd by or resulting from the execution office work provided for in this purchase order or in connection herewith. The Seller will indemnity and Mid hawless the Purchmer ma any r all of the Purchasers of is us, agcn, era employees from are aga. any and all claims, losses, damages, charge err expenses, whether direct or indirecl, and whether 10 persons or property In which the Purchaser may M put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sells, or contractors oBicm, agents or employees. In raw any suit or other promminp shall M brought agaimt the Purchase, or its officers, agents or employees st any nine on account m by mast of any act, action, neglect, omission or default of the Seller of my of his conandom or any of its or their tlGcm, agents or employers ss aforesaid, the Seller hereby ounces io assume We defame thereof and to dcfcad the unto a1 the Sell. own experae, to pay any and all rests, changes, a umermt , fens and other ap.tsers, any and all judgments that may M imarrd by or abained against the Purchaser or my of its m thew oMs., agents or employees in such suits or other pracedings, coal in rue judgment or other lien M placed upon or obtained against the propery ofNe Purchaser, or said ponies to or ss a mutt of such was or other procedinp, the Seller will at or. ante tM saua w M diawlvd and dischaged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fivaish and imtall all guard veceaamy fm the pmcntio, of accidents, comply with all cows and reglatiens with regard to safety mic[uding, bur without limited. , the Occupational Safety and Health Act of 1970 unit all rates and eegmMm issued pursuant threw. Revised 07Q014