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HomeMy WebLinkAbout478349 PROGRESSIVE SERVICES INC - PURCHASE ORDER - 9111328PURCHASE ORDER PO Number Page City of 9111328 + °f z F6r{' Col ins► This number must appear �7 on all invoices, packing slips and labels. Date: 04/25/2011 Vendor: 478349 Ship To: DRAKE WATER RECLAMATION PROGRESSIVE SERVICES INC CITY OF FORT COLLINS 1925 S ROSEMARY ST #H 3036 ENVIRONMENTAL DRIVE DENVER Colorado 80231 FORT COLLINS Colorado 80525 Delivery Date: 03/02/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 FREIGHT IN 1 LOT EA 693.00 ADDED PER M.WARREN EMAIL DATED 4/22/11. -ECB Total $693.00 C3 oYlA.�szQ, � Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tames. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the emus and conditions ImecoL failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). c.drisc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of. breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereefor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported on] modification or rescission of this purchase order by the Purchaser opcmtc as a waiver of any of the lems Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hdc.L Final Acceptance, Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITR UST CLA I M S. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, vi.latiea, arc in fact home by the Purchases Theretofore, for good cause and as consideration for "earring this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcafcr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise speeifmd on this order, If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct noccuti outing or defective goods by a date to he agreed npnn by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Scllcr,mid the Seller therca0cr indicates its inability or unwillingness to comply, the Purchaser shipments mic made from greater distance. may cause the work to be performed by the nmst expeditious means available to it, and the Seller shill pay all crises ussociated with such work. Permits. Seller shall p ,cure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction river the work of vend., Seller further agrees to hold the City of Fort 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, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fad, 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 set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tcmts and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted, Time is of the essence. Delivery and performance must be effcded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate az a waiver of this provision. In the event of any delay, the purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ho yced. the Seller shall not be liable for damages as a result of delays due to causes not reasonably fotcsecable which are beyond its reasonable control and without its fault of negligence. such acts official, acts ofci,il or military authorities, governmental priontics, fires strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warnnts that all good, articles materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the purposes intended. and performed with the highest degree of cam and eompetenee in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllers breach ofwaranty. 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 prescribed by Iaw or by the tarts ofany applicable warranty pmvidcd by the Seller i fer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherx'ise pmvidcd in this purchase oiler, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guammces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal ideas by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrmcn change onf,n If any such change affects the amount due or the time ofperformance hereunder, 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 portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any .work or mmterials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pr Pos on the uncompleted portion of the goods and/tar work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellem standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect orceidence compliance All laws and regulations required to be incorporated in agreements ohhis character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 the prior written consent of the other parry. If. TITLE. The Seller warrants full, clear end 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 of others. The Seller shall release the Purchaser and its contractors of nay tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, omcers and employees ofsuch party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by rcoson 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 damage which it may be obliged to pay by reason nfsuch infringement at any time during the prosecution or over the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall. at its own 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 nomefringing equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make ma assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcnnitions ofterms used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representativc(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller .shall receive. unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment acre being famished by the Seller anderthe order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of 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 Imes of the state in which the work is to be done. The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500,0(10 for any one accident and property damage limit per accident of S400.000. The Seller shall liknvisc require his contractors. if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchascr with a cenifieate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shill specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby as umcs the entire responsibility and liability for any and all damage, lesser injury ofany kind or namrc whatsoever to persons or propcny cm ecd by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hairless the Purchuser and any or all of the Purchasers effects, 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 Purchaser may be put or subject by reason of any act. action. neglect. omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors oRccm, agents or employees. In case any suit or other proceedings shall be brought against the Pumhase, or its oficers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own eapcusc, to pay any and all costs, charges, attnmcys fees and other expenses, any and all judgments that may be incurred by or obtained against 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 the Purchascr. or slid panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 03/2010