Loading...
HomeMy WebLinkAbout263160 PVS TECHNOLOGIES INC - PURCHASE ORDER - 9120060PURCHASE ORDER PO Number Page City Of 9120060 t of 3 ' `t Collins OI` lI n �+�7 This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 263160 PVS TECHNOLOGIES INC 10900 HARPER AVE DETROIT Michigan 40213 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 01/06/2012 Buyer: ED BONNETTE Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 BLANKET PO FOR 2012 FERRIC CHLORIDE 40% FOR WRF 1 LOT LS PER MAPO BID AWaRD FOR FERRIC CHLORIDE. PRICE IS $633.00/DRY TON, F.O.B. DRAKE WRF, FORT COLLINS, COLORADO. PRICE HELD FIRM FOR 1/1/12-12/31/12. PLEASE SEE DELIVERY DIRECTIONS AND LOADING PROCEDURES, BELOW: -3 Delivery Location City of Ft. Collins: Drake Water Reclamation Facility 3036 Environmental Drive Fort Collins, CO 80525-3 Contact: Ray Kemp, Process Control Supervisor-3 Contact numbers: Phone: (970) 221-6900 Fax: (970) 221-6970 -3 Unloading Hours: 7AM - 4PM Monday through Friday-3 Procedures for Unloading: C3. O✓le-.sQ � 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 45,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I PURCHASE ORDER PO Number Page City DICollins ��� 9120060 2 of 3 Flirt ( OI lines+ This number must appear �_r!"`<J`, ` v ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price MSDS - Must be included with load prior to unloading product. -3 Directions to Site: 1-25 North to Prospect Road exit, Prospect Road west to Timberline Road. Timberline Road south to Drake road; east on Drake to a left turn onto Environmental Drive, into the facility by the concrete plant. Push Call Box button for entry through security gate. 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 $45,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04501 Federal Excise Tax Exemption Cenifiewe of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict patommna of the teens and conditions hereof, failure or delay to Internal Revenue, Danve, CoWredo (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a), exercise uny rights or renmdics provded herein or by law, failure to promptly notify the Seller in the event of a bnacb, the acceptance of or payment fur goods hereunder or approval ofthe design, shall not release the Seller of Goal, 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 unit shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wain.. purchosa m insist upon strict paticamance hcrcofor any ofits rights or remedies as to any such good-., 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 purpotd oral modification or rewission of this purchase order by the Purchaser operate as a waiver of any ofthe terns Wµttimr GOODS arc subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respuse to this order can result in 12. ASSIGNMENT OF ANTI TRUST CLAIMS. authorized payment on the pat of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchuser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations am in Pact bonne by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments most be F.O.H.. City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges minting to the particular galls or services otherwise specified un this order. If petmi,,ion is given to prepay freight and charge separately, the original might purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additions] charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disamc. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destiwtiun, and excess freight will be deducted floor Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs oocciital with such work. Permits. Seller shalt procure at sellers sale cost all ncccswry permits, certificates and license, required by all upphi.blc laws, regulmions, urdinunces and rules of the state, municipality, terrimry or political subdivision where the work is perforated, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Seller further ugncs to hold the City of Fort Collins hamdcss from and against all liability and loss incurred by them by mown of as ..send ar esmblisltd violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representativvs 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 the terns and conditions stated herein act forth and any supplementary or additional tams and conditions annexed hereto or incomommd herein by reference. Any udditional or different tents and conditions proposed by seller arc objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essener. Delivery and pcdomnnce• nual be effected within the time stated on the parch,. order and the documents attached hereto. No acts of the Purchasers including, without limitation, aeeepmnwc of partial lam deliveries, shall operate as a waiver ofthis provision. In the vent of any delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the S.IIa shall not be liable for damages as a result of delays due to causes nor reasonably fam,cable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, as ofeivil or military authorities, governmental priorities, finis, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchawr within five (5) days of the time when the Seller 0rst received knowledge thereof In the event of any well delay, the date of delivery shall be extended for the period equal to the time aaually lost by lemon of the delay. 3.WARRANTY. The Selma warrants that all goods, articles, materials and work covered by this onto 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 standards for work of a similar nature. The Seller agrees to hold the purchaser hrmiles floor any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers 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 us may be prescribed by law or by'the terns ofany applicable warranty 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprolia or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FFI'NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make may changes to the terms, other than legal ems, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change older. If any such change effects the annular due or the time ufperfunnance 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 panics as to any work or materials then in progress provided that the Purchawr shall nor be liable for any claims for amicy.ted pmia, an the one onq>vied portion of the goods and/or work, for incidanal or consequential damages, and that no such adjustment be etude in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obligations us to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mail be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gash sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and rcgmlmioss to which the goods arc subject. The Sella shall execute and deliver such docunmcars ..may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character an 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 Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrrinen consent ofthe other puny. 10. TITLE. The Seller warrants full, clear and mimsnictd title to the Purchaser for all equipment, materials, and items furnished in performance of this igrvirem, fine ..it clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release file Purchaser and its ommocims of any tier from all liability and claims of any nature resulting from the performance ufsuch work. This release shall apply cv,n in the event of fault of negligence of the party released and shot] estcnd to the directors, officers and employees ofsuch puny. The Sellers eminanuul obligations, including warranty, shall not be devoted to be reduced, in any way, because such walk is perforoled or caused to be fell ianicd by the Purchaser. 14. PA'I'EN'I'S. Whenever file Seller is required m use uny design, device, nmten.] or process covered by tell,,, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of he use of such pmcntd design, device, material or proems in connection with the contract, and shalt indemnify the Purchuser for any cost, expense or damage which it may be obliged to pay by reason ofsuch inning encut at any time during the prosecution or offer the completion addle work. In case said equipment, or uny pun thereof or the intended use of the goods, is in such suit held to constitute infringement slid the use of said equipment or part is enjoined, the Seller shall, at is own expense and at its option, either procure for the Purchaser file right m continue using said equipment or pans, replace the same with substantially equal but noninitinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trance far uny of the Sellers propeny, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation ofthe agrcanent and the rights ofall parties hereunder shall be constmcd wader and governed by the lows critic State of Colorado, USA. The following Additional Conditions apply only in cases whae the Sella is to perform work hereunder, including the saviecs of Sellers Rcpresentutive(s), on the premises of olhcrs. 17, SELLERS RESPONSIBILI"tY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cure of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or election 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 equip nmcar were being furnished by the Seller under the order. 18. INSURANCE. 'the Sella shall, a1 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 cove" by this purchase order, mild., to their depaidents in accordance with the laws of the state in which the work is to be dune. The Seller shall also curly comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death lima its of at least $300,000 fur any one person, S500,000 for any sate accident and property, damage limit per accident of $400,000. Tire Seller shall likewise require his contractors, if uny. to provide for such compensation and imumncs. Before any ofthe Sellers or his contractors employers shall do any work upon the premises ofolhco, the Sellashall furnish the Purchaser with a certificate filar such compensation unit insurance hive bean provided. Such certificates shall specify the dude when such compensation and insurance hove been provided. Such certificates shall specify the date when such cmnpenwfion and insurance expires. The Seller...... 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 hcrcby ussmnes the entire responsibility and liability for any and all damage, loss or injury of any kind m nalure whatsoever to persons of property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hemwwith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchase. olticers, .gees and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or iodine, and whnhcr to persons or property to which the Purchase may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors effects, agents or employees. In case any suit or other proceedings shall be• brought against the Purchaser, or its officers, 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 olticerx, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, auomeys fees and other enpcuses, 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 caw judgment or other lien be placed upon or obtained against the property riffle Purchaser, or said panics in or as a result ofsuch suits or odor proceedings, the Seller will at once cause the same to be dissokcci and discharged by giving bond or otherwise. The Seller and his Contractors shall take all safety precautions, furnish and install all guards necessary for the pmvention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety mid HeAth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0311010