HomeMy WebLinkAbout124314 AQUA BEN - PURCHASE ORDER - 9150067Fort Collins
Date: 0110812015
Vendor: 124314
AQUA BEN
1390 N MANZANITA ST
ORANGE CA 92867-3602
PURCHASE ORDER
PO Number Page
9150067 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: 01/07/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 2015 Blanket PO
Hydrofloc 1687 Polymer
1 LOT LS
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.
Price is $2.23 per lb., FOB City of Fort Collins Water Reclamation Facility, 3036
Environmental Drive, Fort Collins, CO.
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
120,000.00
Total $120,000.00
Pay terms net 30 days
Invoice Address:
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.
Tan exemptions. By smtute the City of Fort Collins is exempt f sale and local taxes. Our Exemption Number is
11. NONWAfVER.
98-04502. Federal Excise Tax Exemption Claim arc of Registry 84.6000587 is regastaed with Nc Collector of
Failure ofthe Purchaser to form upon avid pert fire mthe It. and wMitions hereof. failure m delay to
Internal Formula. Denver, Colorado (Ref. Colorado Revised Sututa 1973, Camara 39-26, 114 (a).
exercise my rights or remedies Provided herein or by law, ounce in promptly notify the Sella in Ne went of a
breach, No acceptance of or royment for goads hereunder or approval arm design, shall but releam the Seller of
Goods Rejected GOODS REJECTED due to failure to men sperifin[ime, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall nut be dented a waiver of any right of the
damage in tmmih may be rettwod to you for credit and ate not to be, replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights or remedies m to my such good, regardless
insrcuctions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subuqueat default hereunder, nor shall any purported
oral modification or rescission of this purehau order by the Purhaser operate as a waiver of any of the tears
Inspection. GOODS are subject to the City of Pon Collins inspection on normal.
hereof.
Final Acceptance. Receipt of the memhandiu, services or equipment in rupome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pat of the Ciry of Fort Collins. However, it is to be undersm:nl that FINAL
m
Seller and the Purchaser recognim that in actual economic practice, overcharges resulting from brilliant
eres.
ACCEPTANCE is dependent upon completion of oll applicable required inspection prwd
a
violations re in fact home by the Purchaser. Theretofore for good cause and an consideration for executing this
purchase order, the Seller hereby assigm to the Pmolower any and all claims it may now have or hereafter
Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Felt Collins, CO 80522. unless
acquired under federal or sus survival laws for such overcharges relining s the particular goods or services
otherwise specified on this omen If pmnission is given to prepay freight mad charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase ot
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufactutns have distributing points in various pans of the woolry, shipment is
If the Pomlruer directs the Seller to comet nonconf ing or defective good by a date orbs agreed upon by the
es,weed from the nownsr diwnsw ur of a destination, and excess freight will be deduced from Invoice when
Purchaser ad the Sella, and the Seller thernRn adin¢s its iaubiliry ar unwillingness to wmpty, the Purchaser
shipments ore made fmm greeter disamx,
may roust the work to be performed by the most ex s diuous means mailable to it, all the Sella shall pay all
racks associatd with such work.
Permits, Seller shall procure at callers sole cart all necessary permits, certificates and licenses required by all
applicable laws, regulations, radiances and area ofthe 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 fuller agrees to hold the City of Fart Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or esmblishd violation of my such laws, regulations, ordinances, Mies
and re,rificam s.
Authoritarian. All ponies to this contract agree mat the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to me term and conditions stored
herin set forth and any supplementary or additional terms and conditions amexed hereto or inu a Tmated herein by
reference. Any additional or diifermnerms and conditions proposed by seller are objected to all hereby rejested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to active on your
promised delivery date in rested. Time is ofthe mance. Delivery, and pert are most ha effected within the time
stated on the purchase order and the documents munched hams. No tams of the Pmchmers including, without
limindioa mceptance of partial lab deliveries, shall operate as o waiver mNis provision. In the runt ofany delay,
the Purchaser shall have, in addition to other legal and equitable ceramics, the option of placing this order cluwheae
and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays
due to Muses not reosommbly foreseeable which we beyond its Mountable central and without its fault of ncgligaver.
such acts of GM, acta mcivil or manta, authorities, governmental priorities, fires, strikes, flood, epidemics, was or
riots provided that novice of the conditions causing such delay is given to the Puahaut within five (5) days of the
time when the Seller find received knowledge thereof, In the event of eery such delay, the date of delivery shall be
extended for the period equals Ne time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for tha pur ores intended, arm
perffirmod with the highest degree of care and competaaae in accordance with accepted standard for work of a
similar name. The Seller agrees s hold the purchaser hamless fmm any loss, damage ar expense which the
Purchaser may..Rer or incur on accorm of the Sellers breach of wammy. The Sella shall replace, repair or make
good, without cost to the purchases, any defects or faults arising within one (1) year or within such longer period of
tinge as may No prescribed by law or by Ne to. of my applicable wfir pmadim by the Sella after the date of
acceptance of the goods Numbed hereunder (mceplaore not s be wraccurubly delayed), resulting from imperf t
or defensive work doge or materials Normhed by the Sella. Acceptance or use of good by the Pasquale, shall not
constitute a waiver ofany claim Marla this wananry. Except as otherwise provided in Nis purchum Omer, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or gumanams, but such liability shall in on event include Not ofprofits or lass of me. NO IMPLIED WARRANTY
OR MERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANG ES IN LEGAL TERMS.
The Purchaser may make changes to legal teeny by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Poachver may make any changes to Me rams, tuber than legal terms, including addniom a m dolmans from
the quantities originally ordered in the specifications or drawings, by radial or written change order. If my such
change affects the amount due or the time of performance henudian an equitable djasamcer shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change order, aremanate this agreemrnl as to any on, all portions of the
grads dren nor shipped, subjnl as any qi icable ad,.. between the ponies as to any work or normal. then in
progress provided than me Purchaser shall act be liable for any claims fen corm.pared pmfirs an the anearlod
portion office good ads, work, far incidental or anne,m naol damages, ad flat no such djm,mena be made in
favor ofthe Seller with respect a any good which lie the Sellers monism sack. No such recreation shill relieve
the Parchuer or the Sella of my of thin obligatiow as to any good delivered hereunder.
3. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most IS, asserted within thirty (30) Jays from the date the change a lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute cad
deliver such documents as may be required to effect or evidence compliance. All laws and regulation fix mi l to be,
incorporated in agreements of this character are hereby incorporated here. by this reference. The Sella .,aces to
indemnify end hold the Purchase hamlas fmm all costs and damages sufficed by the Parmoser as . result of dam
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without Ne
prim carmen owner, of the other patty.
10. TITLE.
The Seller warrants full, clew and unrestricted tall, a the Purchaser for all equipment, ruasrials, and items famished
in performance of this agreement, f and clear of any and all liens, restrictions, reservations, seem ay micros,
encumbrances and claims ofothers.
The Seller shall relorsc Ne Purchaser ad its contractors of my net form all liability and claims of any nature
ruulting fmm toe performance msuch work.
This release shall apply even in the went of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellees contractual obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performed or nuud to be performed by she Pardoner.
14. PATENTS.
Whenever the Seller is required] to use any design, device, mmerial or process covered by Imeq palest msdamrk
r cason soof
the Seller shall indemnify arm save harmless the Purchaser fmm eery and all claims for infringement
by Mason o ify use of such par any design, device, material h hprocessm in eoblig a n with doe contrast and
shall genie nia she time
mhaur for ony room. expense or damage which is maybe obliged to pas by reason of such
infringement at any rime doting Ore ofdic alma or in the completion of the work. In case said and
u e com or
any pan p. or flue informed use of del goods, l, in such soar held s rod eff as
infringement end use use of
said qur do, or pan u ennue us ng said
a shall, equipment
is own , replace and err m option, either pally¢ fen Nc
Purchaser khe right to romanced using said equipmmr m pans, replan the same with substantially equal but
noninfnnging equipment, or modify if so if becomes nan.[ringing.
15. INSOLVENCY.
If Ne Seller shall become twelve., or boakmpr, make an assi,ficat for the benefit of credilon, appoint a
reariver or trustee for any of the Sellers property or business, this older may forthwith be canceled by the
Purchaser without liability.
16. GOVERNMG LAW.
The definitioss ofterms mod or the interpretation ofthe agreement and the rights of all Woes hereunder shall be
comtmed antler ad governed by the laws of the Stau of Colorado, USA.
The following Additional Conditions apply only in rases where the Sella is as perform work hareanden
including the smarms mSellers Representative(s), on she premise ofoOmrs.
17. SELLERS RESPONSIBILITY.
The Sella shall cony on said work at Sellers own risk anal the same is fully completed and accepted. ad shall,
in case of any wridem, destruction or injury to the work ant nulerials before S,Ilees final compinao r and
accepmnce, ramp].e the work in Sella. own expense and a the satisfaction of the Forefoot Whoa mmmals
and equipment are fumkhed by others for insulation or erection by the Seller, Oar Seller shall receive, unload,
some and handle sane at the site ad become respamfle therefor as though such materials and/or qu,firro t
were being fianished by the Seller under the order.
19, INSURANCE,
The Seller shall, at his own expense, provide for the payment of workers compensation, inclining occupational
disease benefits, to its employees employed on or in examination with the work covered by this purchase omen,
and/or to their dependents in areardince with the laws of the state in which the work is to be done. The Sella
shall also any, comprehensive general liability including, but not Bailed to, contractual and autonmblle public
liability, insurance wish badity injury and death limits of at least S300Wq for any one person, $500,000 for my
one ancidmt and property damage limit per accident of S400,000. The Seller shall likewise aware his
rantrmvors, if any, to provide lot such transportation ad summers. Before eery of Ne Sellers or his contractors
employees shall do any work No the premises brothers, the Sella shall furnish the Purchaser with a al idam,
that such compensation and insumnec have been provided Such comments shall specify the date when such
wmpensaum and iaasumme have been provided. Such nnifcates shall specify Oac dart when such compeer lion
and minimum, aspires. The Sollmr agrees that such compensation and assurance shall her maintained anal aRa No
entire work is complied and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind
at nature whatsoever to persons or property couud by or resulting from the execution ofthe work Truncated for in
this purchase older or in connection herewith. The Seller will indemnify and hold hmmleu the Purchaser and any
r all of the Purchasers officers, 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 Puchaser may
ha pm a subject by reamer of any act, action, neglect, omission or defouv oa the part of the Sella, any of his
contraims, m any of the Sellers or contractors officers, agents or employes. In cam any suit o other
proceedings shall be brought against the Purchaser, or its officers, agents or employes at any time on command or
by reason of any act, action, neglect, omission ar default of she Seller of any or his matmeners m any of its or
shear mi icess, agents or employes m afaremid, the Sella hereby agree to assume the defense thereof ad as
defend the same at the Sellers owns expense, to ray any and all costs, charges, attorneys f and other expatriates,
any and all judgments that may b, immrrod by or Natured against tire purchaser m my of as at thew aura,
agents or employes in such suits or other proceedings, and . case judgment or other lien be plac m upon or
obaa.ed again, the property of the Purchases, or said parties an m u is result ofsuch suits or wher proceedings,
the Sellorwill at once cause No same to ha dissolved ad discharged by giving bond or otherwise. The Sellor aad
his contractors shall take all safety precautions, famish and install all gaands ngasary for she prevention of
accidents, comply with all laws and «gulatios, with regard to safety includin& but without linaaa,ion, the
Occupant ... I Safety and Health Act of 1990 and all ales and regulation issued pursuant therein.
Revised O nTlat