HomeMy WebLinkAbout110987 HIGH COUNTRY POOLS INC - PURCHASE ORDER - 9150717City of
Fort Collins
Date: 01/30/2015
PURCHASE ORDER
PO Number Page
9150717 101`2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 110987
Ship To:
OPERATIONS SERVICES
HIGH COUNTRY POOLS INC
CITY OF FORT COLLINS
6330 S COLLEGE AVE
300 Laporte Avenue
FORT COLLINS CO 80525-4044
Building B
FORT COLLINS CO 80521
Delivery Date: 01/30/2015
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
I EPIC Lap and Wader Pools
1 LOT
LS
170,500.00
Provide two Defender Filters,
SP-49 and SP-27, for the Lap and
Wader pools per proposal dated 1/7/15.
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
Total $170,500.00
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.
Tax exemptions. By statute the City of Fan Collins is exempt !roan state and local axes. Our Exemption Number is
98-04502. Faced Excise Tax Exemption Carificam of Registry M-6000587 is registered with me Collator of
Interval Revenue, Denver. Coleman (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
damage in hnmir, may be counted to you for credit am art not ao be replaced except upon receipt of wriden
instructions from the City of Fan Collins.
Imports. GOODS are subject to the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, service, or equipment in response to this order can result in
authorized payment on me pan of me City of I. Callim. However, it is to be understood fat FINAL
ACCEPTANCE is dependent upon completion ofall applicable required impectian procedures.
Freight Teugs. Shipments most be F.O.D., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay fight and charge separately, the original freight
bill mutt accompany invoice. Additional charges for packing will not be accepted
Shipment Diaance. Where manufazturers have disaibuting points in various parts of the country, shipment is
expected from the narrest distribution point to destination, and excess freight will he deducted fmm Invoice when
Shipments are made from former distance.
Permits. Seller shall procure in sellers we cost all necessary permits, cenificates and licenses acquired by all
applicable laws, regulations, ordinances and roles of the state, municipality, harm, or Political subdivision when
the work is perfomled, or required by any other duly constituted public authority having jurisdiction over me work
of vender. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss
andanread by them by sou n of an asned ar established violation of any such laws, reguliamm, costumes, roles
requirements.
Authori edim, All ponies n this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Oaer expressly limits acceptance to the coma and conditions stated
herein set faith and any supplementary or additional moons Said conditions annexed hereto or incorporated herein by
reference. Any additional aid, broad actions and emdillom...posed by all,, are objected In gad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date at acted. Time is of the swabs. Delivery and performance input he effected within the time
stated on the purehau order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision In the even, of my delay,
the Paramour shall have, in addition to other legal and ryuitable remedies the option ofplacing this order elsewhere
and holding the Seller liable for damager. However, the Sella shall not he liable for damages as a result of delays
due to causes not reassembly foreseeable which art beyond its reasonable contsl and without its fault of negligence,
such acts of God, acts of civil or military authoizes, governmental Families, fires naves flood, epidemics, wars or
riots provided that amtia of the conditions causing such delay is given to the Purebmer within five (5) ell of the
time when f Seller first received knowledge thermf. In me event of any such delay, the &te of delivery shall he
extended for me period equal to me time actually Imt by resson i fthe delay.
3. WARRANTY.
The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples image other descriptions giver. will be fit fro the purposes martin , and
performs with the highest degree of cart mq committee in accordance with accreted standard for work of a
imilar meant. The Sella agrees n hold the purchaser hmmleu flown any Ioss, damage or expense which me
Purchaser may suR or incur on account of the Sellers breach of orgarm .The Seller shall replace, repair m snake
good, without cast n me purchaser, any defects or faults arising within one (1) year or within such kmgaFormal of
came m may he paescribcd by law or by the terms of my applicable warranty provided by the Sella after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials f ished by the Seller. Acceptance or we of good by me Puahager shall not
candidate a waiver of any claim under this warranty. Except as, otherwise provided in this pumbase order, the Sellers
liability h reunda shall extend m all damage proximately caused by the breach of any of me foregoing e'armntim
at guarantees, but such liability shall in no event include loss of profits or bass of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal Seam by woman change order.
5. CHANGES IN COMMERCIAL. TERMS.
The Purchaser may make any changes 1. rbe man, other than legal terms, including additions to ar deletions Gran
the quantities onglnally ordered in the sp oif ations or drawings, by verbal or wnitm change order. If any such
change affects the amount &e or the time ofperfnumance hemundeo an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all ponians of the
goods then not shipped, subject to any equitable adjustment between the probes am to any work or motorists then in
progress provided that the Pumhmer shall not be liable for any claims for anticipated profits oa the uncompleted
portion of the good and/or work, for incidental or consequential damages, and dust no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers sear to d stock. No such rermirmtme shall relieve
the Purchaser .,,he Seller army ofthei, obligations pu to Say goats delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be mused within diary (30) days fmm the &is the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants thus all goods sold berevalM 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 and
deliver such dacumbou m nay be acquired to effect or evidence compliance. All laws and regulations required to be
mcorpomted in agreements of this character are hereby hompomna herein by this reference. The Sella agoras to
indemnify and held ma Manchester harmless fmm all costs and damages suffered by the Inucbma as a tough of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, member, or convey this order, or any sons due or to become &e hereunder wihaut me
poor woman amgsenl of fie outer party.
10. TITLE.
The Sella wassants full, clew and nominated title to the Puahmer fro all equipment, materiels, and items firanished
in pauffifirrounce of this agreement, free and Clem of any and all diem, restrictions, reservations, maturity interest
encumbrances and claims afothers.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failme or delay to
y rights or remedlea provided herein or by law, failure to prosody notify the Seller in me event of a
burger. exercise
anacceptance of., payment for good hereunder or approval of the design, shall at .1. me Seller of
any of the wurontis or obligations of this purchase order and shall nor be deemed a waiver of any right of me
purchaer to insist upon strict performance hertofor any of its rights or remedies as to any such good, organisms
of when shipped, received or accepted, as to any prier or subsequent default h ma ndes, nor shall any puryoned
am[ modification or abscission of mix pumlagse order by the Purchaser operas as a waiver of any of me rem¢
hareof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Puchaer recognize fat in entnal aromatic practice, overcharges resulting fmm gabfest
violations art in fact home by the Pomerania. Theremfore, for goad gums and as consideration for executing this
purchase main, the Sella hereby assigns to the Purchases any and all claiurs it may now have or hereafter
acquired coda federal or slam anfia st laws for such overcharges adding to me particular good in uniees
pparettaud or acquired "a Purchase, pursuant to this purchase coda.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to carted nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and me Sella, maeada indicates its inability, or unwillingness to comply. the Purchaser
may cause the work 10 be Perfca u ed by me most expeditions seam mailable to it, end me Seller shall pay all
costs ammmued with such work.
The Seller shall release the Purchaser and its comfdemrs of any no foods .11 ],ability and claims of any nature
resulting boom the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party relmsed and shall extend to the
directors, mMean and employees ofsuch pas.
The Sellers contractual obligations, including warmnry, shall not he dem ed to be reduced, in any way, because
such work is perfommd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lather, patent, trademark
or cap,rught, 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 Purchaser Ivor any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecurion or after the completion of rise work. In eau said equipment, or
any pan thereof or the intended me of me goad, is in such suit held in consulate infringement and the page of
said equipment or put is rejoined, the Seller shall, in its own expense Said at its opinion, either procure for the
rummager the right to continue ming mid equipment or pans, replace the same with substantially equal but
noninfringing aquipmenl, or modify it s s it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or gonkmph make an assignment for the benefit of creditors, appoint a
motivate or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Pumhmer without liability.
16, GOVERNING LAW.
The &finhost offerings used or the interpretation offte agreement and the rights ofall parties hereunder shall he
comttued audit and govanbd by ma laws ofthe State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where me Sella ex as per( work hereunder,
including me arnica of Shccrs RRregenmtive(s), on the pmnlsa ofamers.
It. SELLERS RESPONSIBILITY.
The Sella shall cony on avid work at Seller own risk umtil me same is fully rom, leted and accepted, and shall,
in u of any accident destruction or injury to me wad, and/or mderms before Sellers final completion and
acceptance, complete the work at Sellers own expense and on the satisfaction of the Purchaser. When materials
Said equipment arc famished by .,has for installation or cmction by me Sella, the Seller shall brat unload,
same and handle same at the site and become .expansible member as though such materials and/or cgpipmem
were being famished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment i f workers compensation, including occupational
disease benefits, to its employees employed on or in connection with 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 Seller
Shall visa cony rnnmrehensive general liability including. but not limited W. o-ansa—d and automobile public
liability insurance with bodily injury and death limits of at least $301 for any one person, 55ME000 for any
one accident and property damage limit per accident of $400,000. 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 imy work ...n the premises of others, the Seller shall f ish the Purchaser with a cenifcate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cectificams shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and imumnce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the entire responsibility and liability for any and dl damage, loss or injury army kind
or nature whatuover to persons or property caused by or resulting from me execution ofine work provided for in
this purchase order or in connection haaewim. The Sella will ordinary and hold harmless me Puahpua and any
r all of the Puchmers officers, agents red employes from and against any mad all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether m pnsoaa or property m which me [interest may
be put m subject by reason of any act anion, neither, omission an effort oa am From ofine Sella, any of his
contractorts, or any of me Sellers or connacmrs omcars, agents or ample ors. In gaw any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at my time on account or
by margn of any act, action, neglect, omission or default of the Seller of any of his commitment or any of its or
their oMae., agents or rmployas an afomaid. me Seller hereby asters; to sesame the defame thereof and 10
defend the same at the Sellers Own expense, n pay any and all costs, charges, attorneys fro and onto, expenses,
any and all judgments that may be incurnd by ex obtained agmied the Purchaser or any of its or Nair officars,
agents or employees in such suits or other peaceedugs, and in case judgment or other lien he placed upon m
obtained against the property ofthe Purchaser, or said pectin in or as a result of such snits or other proceedings,
the Seller will as once cause the some, a be dissolved and discharged by giving bond or.merwise. The Seller and
hu contractors shall take all safety praauaioos, f nth and install all guads necessary for me prem^tion of
accidents, comply with all laws and regulations with regard to safety including, but without Hamadan, the
Occupational Safety and Hmlah Act of 1970 ran all roles and regulation issued ptusuma therm.
Remised 0](2014