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HomeMy WebLinkAbout160413 ENECON COLORADO CORP - PURCHASE ORDER - 9111328City of �„,6rt Collins Date: 03/02/2011 Vendor: 160413 ENECON COLORADO CORP 16470 W ELLSWORTH AVE GOLDEN Colorado 80401 PURCHASE ORDER PO Number Page 9111328 j 1 of 2 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 Colorado 80525 Delivery Date: 03/02/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Flooring 1 LOT LS 14,750.00 Labor, equipment, and materials to clean, grind and scrape and prepare floors. New floor coating on lunchroom, mens and womens bathrooms, locker rooms and showers. Per bid dated 2/24/11. Contact on req is Mike Dersham @ X-6984 Bid Faxed to Purchasino 2/24/11. MW C3. Oi'le,-a2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: 14,750.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statNe the City of Fort Collins is exempt from state and meal taxes, Our Exemption Number is 99-04502. Federal r,eisc Tax Exemption Ccnifrcate of Registry 94-600050 is registered With the Collector of Internal Revenue. Denver. Colorado (Ref. Colonial Revised Salutes 1973. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to (failure to meet speeifieetions. either When shipped or due to defects of damage in transit. may be %turned to you for credit and are not to be replaced except upon receipt of Written instruction, farm the City afraid Collins. Inspection. GOODS arc sabjcat to the City OfFort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms anti conditions hereof. failure or delay to exercise any rights or remedies provided herein Or by la". failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for grinds hereunder Or apprnval of the design, shall not release the Seller of any of fife Warranties or obligations of this purchase order and shall not be devoted a Waiver army right of the purchaser to insist upon .strict performance bco oformy of its rights or remedies as to any such goods, regardless of When shipped. received m accepted. is to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of Ibis purchase aide, by the Purchaser nperme as a waiver army of the tans hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fnn Collins. Howcvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures. violations arc in fact borne by the Pumhascr. Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcaficr Freight Terms. Shipments must be F.O.R.. City of Fon Collins, 700 Wood St., Fort Collins. CO 80522. unless acquired under federal or state antitrust laws far such overcharges ,cluing to the particular goods or services chemise specified on this order. If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser musuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various pans of the counlrv, shipment is expected fmm the nearest distribution point to des,inatinn, and excess freight will be deducted from Imoicc When shipments are made fmm greater distance. Permits. Seller shall procreate at sellers sole coast all necessary permits, certificates and licenses required 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 hamilcss fmm and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regudmions, ordinances. rates and requirements. Authorization. All parties 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 Lennox and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different hernms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmeciately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of rife essence. Delivery and performance must be effected within the time stated on the purchase order and the doeumcnis attached hacfo. No fell, of the Purchasers including. without limitation, acceptance of partial laic (letl,erlex, shall ulterior, as a vvriver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and can itable remedies, the option of pl icing this order clsewh ere and holding the Seller liable for damages. II no ever, the Seller shall not he,amble for damages as a rest to of delays due to causes nor reasonably foreseeable which are beyond its reasonable con trot and without its fault of negl igerec, such acts of God, acts of civil ar military authnri ties. govemmentul priorities, fires, strikes, Food, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Pit rchascr within five (5) days of the time when the Seller first received knowledge thereof. In the event army such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. (.WARRANTY. The Seller warrants that all grinds, articles, materials and work covered by this order will conform with applicable drawings, specifications, sxmplcs anchor other dcsenplinns given, will he fit for the proposes intended, and performed with the highest degree of cam and enmpdenec in nec ndance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser hamiless Farm anv loss, damage air expense which the Purchaser may suffer or incur on account of the Sellers breach of 0amnty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the terms of any ipplicablc 0srtarty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be mmmusamably delayed). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase aide,, the Sellers liability hereunder shall extend In all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bur such liability shall in no event include loss of pares or Inc arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal tens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make rare changes to the terms, other than legal terns, including additions to or deletions from ,he gaamiries originally ordered in the s,eifiemiom or dimmings, by verbal or written change order. If any such change affects the amount done ar the lime ofpertornincc hereunder, no equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, renninam this agreement as to any or all portions of the goods then not shipped, subject taany equitable adjustment hcn,ecn the parties as to any work Or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller array of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adionstment must be asserted within Ihiny (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller w,am. ms that all goods ,sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all oppl icablc laws and mgmlations to which the goods arc subject. The Set ter shall execute and deliver such documents as may be required to effect or evidence compliance All In,s mad regu dal inns required to be i ncorpomtcd in agreement of this character are hereby incorpnmted herein by this reference. The Set lcr agrees to indent i fy and hold the Purchaser harmless from all costs and damages sit ffered by the Po rchascr is a reca It of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any litanies due or to become dire hereunder without the prior written convent of the other parry. 10, TITLE. The Seller ,..at, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims archers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I f the Purchaser, directs the Seller to coffee, nonconforming or defective goods by a date in be agreed attain he the Pumhascr and the Seller. and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means arailahly to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its eontmctnre of any fact Farm all liability and claims army nature resulting from the performance ofneh work. This release shall apply even in the event of fault of negligence of life party released and shall extend to the directors, ot5ecis and employees Of Seh parry. The Sellers contractual obligations, including matronly, shall not be devoted to be reduced, in any may. because such work is performed Or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design. device, material nr process covered by letter, patent, trademark or copyright. the Seller shall indemnifv and save harmless the Parclirwr Farm any and ill 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 for any cost. expense or damnge which it may be Obliged to pay by reason of such infringement at any lime during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended rise ol'the goods, is in such snit held to constitute infringcnmm and the rise of said equipment or pan is enjoined, the Seller shall, at its nun expense and at its option, either procure fOr the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it beconmcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent air bnnkmpt. make an assignment I'or the benefit of creditors, appoint a receiver air trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oflcrnw used Or the interpretation ofthe ngrecnen, and the rights of NI parties hereunder shall be construed under and governed by the Imes of ilm State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the services of Scllcrs Representatives). on the prcmiscs archers. 17. SELLERS RESPONSIBILITY. The Seller shall carry unsaid work oat Scll&x urn risk until the same is full) completed and accepted, and shall, in case of any accident. desertion or injury to the work andfor materials before Seller's final completion and acceptance, complete the wok at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation of Lateran by the Seller. the Seller shall receive, unload. store and handle same it the site and become responsible therefor as though such materials andhor equipment were being furnished by the Seller under the oulef. Ig. INSURANCE. The Scllcr shalh at his sewn expense. pmvidc for the payment of workers compensation, including oeenpelional disease benefits. to its employees employed On or in connection with the wok entered 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 also cam' comprehensive general liability including, but not limited to, continental and aummObile public iability insurance with bodily injury anti death limits of at least 5300,000 for any one person, 5500,000 far any one accident and property damage limit per accident Of S400.000, The Scllcr shall likewise require his contractor,, H any, to Provide for such compensation .and insurance Before anyof the Sellers or his contractors enplovecs shall do anv work upon the ltrcm uses of nthcrs. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall speei(, [tic date when such compensation and insurance have been provided. Such eanifienes shall specify the date wham such compensation and imaromec expires. The Seller agrees than such cmmpensatim and insurance shall be maintained until offer the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENIS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability far any and all damnge, loss or injury army kind or nature whatsoever to persons or property caused by or resulting front the execution oflh r work provided for in this purchase order or in connection herewith. The Scllcr will indemnify end hold tummies, the Purchaser and any or ell of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect anti whether to persons or property to which the Purchaser may be put or mltject by reason Of any act. action, neglect, omits. inn or default or, the pan of the Scllcr, any of his contractors, or any of the Sellers Or contractors Officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its officers, areas or cnmplayccs it any Limc on ,,count ar by reason of any act. action, neglect. ornission or default Of the Seller of any of his contractors or any of its or their afrcem, reents or employees as aforesaid, the Set let hereby agrees to assume the defense thereof and to defend the snmc at the Sellers Own expense. to pay my and all costs, cborgc., attorneys fees and other expenses. any and all judgments that may be incurred by or obtained ngnimt the Purchaser Or any of its or their officers, agents or employees in such suits m other proceedings, and in case judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said parties in or as a result ol'such suit or other proceedings. the Seller Will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller fail his contractors shall take all safety precautions, Finish and install fll guards accessary for the prevention of accidents, comply with ill laws and regulations with regard In safety including, but without Jim Ration. the Occupational Safety and Health Act of 1970 and ill odes and regulations issued pursuant therm, Revised 01/2010