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HomeMy WebLinkAbout330448 JACO ENVIRONMENTAL - PURCHASE ORDER - 9112095Fort Collins Date: 12/27/2011 Vendor: 330448 JACO ENVIRONMENTAL PO BOX 14307 MILL CREEK Washington 98082 PURCHASE ORDER PO Number Page 9112095 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/13/2011 Z/ Buyer: OPAL DICK Note: Line Description Quantity Z UOM Unit Price Extended Ordered Price 2 Recycling, CFC destruction & 1 L EA 10,882.50 Addendum 9v-� Q. 0%1..:-pe�e_ 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 $10,882. 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Rcvcnuc, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, tither when shipped or due to defects of damage in transit, may be rctumed to you for credit and are not to be replaced except upon receipt of written msmauions firm the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or rcmcdies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval ofthe design, shal I not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purpnnod oral modification or rescission of th is purchase order by the Pumhascr operate as a waiver of nay of the terms 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 part of the City of Fort Collins. Hoorveq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection pmccdurcs. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr one and all claims it may now have or hereafter Freight Texts. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sePammy, the original freight purchased ar acquired by the Purchaser pursuant to (his purchase order. bill must accompany invoice. Additional charges for packing will not be aeecptM. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, .shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected final the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller (hereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rubes 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 Fan Collins harmless fmm and against all liability and loss incurred by them by reason of no asserted or established violation of any such laws, regulations, ordinances, rules aM requirements. Authorization. All parties to this contract agree that the requesentmives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order eaprmly limits acceptance to the terms and conditions stated herein sct forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions propowd by sclicram objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to live on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event array 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. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts ofGod, acts fcivil err military authorities. govematernal priorities fires, strikes, Mond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knou'Icdge 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 ofthe delay. 3. WARRANTY. The Seller murmurs that all goods, 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 care and competence in accordance with accepted standard for work of a similar nature. The Sclber agrees to hold the purchaser harmless fmm any loss, damage Or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. 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 he pmwribed by law or by the tents ofany applicable womanly provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wartanty. Except as otherwise presided in Ibis purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarantees, but such liability shall in no event include Inns ofprofits 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 tcmts by wrinco change order. 5. CHANGES IN COMMERCIAL TERNIS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions From the quantities originally ordcrcd in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformaucc 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 good then not shipped, subject tc any equitable adjustment berween the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits can the uncompleted portion of the goods end/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 are the Scllcrs standard stock. No such termination shall relieve the Pmchxseror the Seller ofany ofthcir obligations as; to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thim, (30) days from the date the change ear 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 arc subject. The Seller shall execute and deliver such documents cis may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamilcss from all costs and damages suffered by the Purchmscr 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 party. 10. TITL E. The Seller wamnts full, clear and unrestricted title to the Pumhascr 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 athers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply c co in the event of fault of negligence of the parry released and shall extend to the directors, oRccrs and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused in he performed by the Purchascr. 14. PATENTS. R'hcnever the Seller is required to use any design, device, material or process covered by letter, parent. trademark or copyright, the Scllcr shall indemnify and save homeless the Purchaser fount any and all claims for infringement by reason of the use of such patented design, device, material or pmcess in connection with the contract, and shall indemnify The Purchaser for any cost, expense or damage which it may be obliged In pay by reason of such infringcmcnt at any time during the p rsecurion or after the completion of the work. In case said equipment. or any pan thereof or the intended use ofthe goods, is in such snit 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 in continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint n receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. I & GOVERNING LAW. The dcftnitians oftemts used ear the interpretation ofthe agreement and the rights ofall panics herermder shall be construed undo and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in'ca cs whurc the Seller is to perform work hereunder. including the services of Scllcrs Rep rsentative(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall entry 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 Scllcrs final completion and acceptance, complete the work aT Seller's own expense and to the satisfaction of the Purchaser. Whcn materials and equipment arc fumishcd by others for installation or erection by the Seller, the Seller shall receive, nalood. stare and handle same at the site and become responsible therefor as though such materials and/or equipment were bring furnished by the Seller under the order. 19. INSURANCE. The Scllcr shill, at his own cxpcnsc, provide for the payment of workers compensation, including occupational disease benefits to its vnployrex employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcmh limits of eat (cast S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance Before any of the Sellers or his contractors cmployccs shall do any .work neon the premiss, of nthcm, the Seller shall furnish the Purchaser with a ecnificam that such compensation and insurance have been pmvidcd. Such certificates shall specify the dace when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintnincd until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby asumcs the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the cxmution ofthc work provided for in this purchase order or in connection herewith. The Seller will indcmnifv and hold hamticss the Purchascr and any or all of the Purchasers officers, agents and employers 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 mason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or con", dory officers, agents or employees. In ease any suit or other pmceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, amission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or (heir officers, agents or employees in such suits or other pmceci ings and in case judgment or other lien be placed upon or obtained against the property of the Purehasca or said parties in or as a result ofsuch suits or other pmcecdings, the Seller will at once cause the same to he 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 Safct)and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 03/2010