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HomeMy WebLinkAbout128301 GEOTECH ENVIRONMENTAL EQUIPMENT INC - PURCHASE ORDER - 3212272PURCHASE ORDER PO Number Page City Of///��� 3212272 ' of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 128301 Ship To: WATER UTILITIES GEOTECH ENVIRONMENTAL EQUIPMENT INC CITY OF FORT COLLINS 2650 EAST 40TH AVE 700 WOOD ST DENVER Colorado 80205 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket order Water Utilities Dept. 9u�� 2O✓la-�siQ� 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 1 LOT LS Total Invoice Address: $6,000.00 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 statute the City of Fen Collins is exempt fmm ,rate and local tax,. Our Exemption Number is 99-(W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Cords Rejected. GOODS REJECTED due to failure to mcct specifications, either when shipped or due to defects of damage in transit. may be rearmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist two strict perfommnec of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to prrnmptly notify the Seller in the event of A breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall at release the S[IIc,cf 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 paforrnanee hcmofor any ofits rights or remedies as to any such grads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall nay purponnl aml modification or rescission of this purchase order by the Purchaser opcmtc as a waiver ofvny 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. anthorimd payment on the pan of the City of Fen Collins. However, it is to be understood tlmt FINK. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, virl.tion, arc in fact bome by the Purchaser. Theretofore, for good cause and as considerrion for executing this purchase ostler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemmer Freight Tcrms. Shipments must be F.O.B., City of Fort Collins 700 Wood Sr, Fen Collins, CO 80522, anless acquired ruder federal or state antitrust laws for ,inch overcharges relating to the particular goods or services otherwise specified 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 pans of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconfnm,ing or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability orunwillingnec to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pcmmits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses requited by all applicable Imes, 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 Fen Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established winlation of any such laws, regulations, ordinances. rules and requirements. Antherranion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and compdetc 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 terms and conditions pmpased 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 premised delivery date as noted. Time is ofihc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached here,.. No act, of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcrshall not he liable for damages as a result of delays due to causes not reasonably foresemble which arc beyond its reasonable control and uithom its fault of negligence, such acts of God, acts ofcivil or military authorities. governmental priorities, 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 ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3.WARRANTY. The Seller warrant, that all good, anicles materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. The Scllcr 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 law or by the terms ofany applicable warranty provided by the Seller aficr the date of acceptance of the goods famished hereunder (accptancc not to be unreasonably delayed), resulting From imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute A waiver ofany claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach ofany ofthe foregoing wamnties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRAN rY OR MERCHANTABILITY OR OF FITNESS 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 any changes to the terms, other than legal terms, including additions to or dchelions from The gomaities originally ordered in the specification, or drawings, by verbal or written change order. If any soh change affects the Amount due or the time ofperfommnce hcramder, an equitable adjustment shall be madc. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grinds then not shipped, subject to any equitable adjustment bawecn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any 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 am the Scllcrs standard stock. No such termination shall relieve the Purchascr or the Seller ofany of their obligations as to any gobs., delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for Adjustment most be Asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder 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 snch documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller Agrees to indemnify and hold the Purchaser harmless from all costs and damages sufrcrcd by the Purchascr as a result of the Seller, 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 vvTitten consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pumhascr for all equipment, materials. and items famished in pcaf er mancc of this agreement, free and clear of any and all liens resnictious reservations security interest encumbrances and claims of others. The Seller shall release the Purchaser and it, contractors ofany tier from all liability and claims of any nature reauhing from the performance fsuch work. This release ,hall apply even in the event of fault of negligence of the parry released and shall emend to the dimeors, nffiects and employees of,Ach pan,. The Scllcr', eantractnal obligations, including svammty, shall not he deemed to be reduced, in any way, because .such work is perforated or caused to be performed by the Pumhascr. 14. PATENTS. v5'hencvcr the Seller is required to use any design, device, material or process covered by letter, patent umdemark or copyright, the Seller shall indemnify and save harmless the Purchaser firma any and all claims for infringement by reason of the use of such patented design, dcvicc, material or praeem in connection with the contract, and shall indemnify the Purchaser for any ant, expense or damage which it may be obliged to pay by reason of snch infringement at any time during the prosecution or aner the completion of the work. In ease said equipment or any pan thereof or the intended uw of the good,, is in ,inch 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 mid 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 become insolvent or hankmpt make an ac igttment for the bcacGt of creditors. Appoint a receiver or trnstec for any of the Sellers property Or business, this order may forthwith be canceled by the Pmvhnsr without liability. 16. GOVERNING LAW. The definitions of term, used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofihc State of Celomdn, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the wrvices of Scllcrs Representative(s), an the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the mme is fully completed and accepted, and shall, in case 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 Pn¢hawr. When materials and equipment arc Furnished 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 cgnipment were being fumishcd by the Seller under the order. 18, INSURANCE The Seller shall. at his own expense. provide for the payment of workers compensation. including ocenpiumneil disease benefits, to its employees employed on or in connection with the work covered by this purchnsc order, and/or to their dependents in accordance with the laws of the state in vwhich 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 hmlily injury and death frola of nt least S300,000 for any one person, S500,000 for any one accident and pmpcny damage limit per accident of S400.000. The Seller shall likewise require his contractors if any, to provide for such conipcnsation and insurance. Before any of the Sellers or his contractors cniployccs shall do any work .,on the pmni,es ofolhcrs, the Seller shall furnish the Pumbaserwith a ecnifientc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained omil afrcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 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 fmm the execution of the work provided for in this purchnsc order or in connection herewith. The Scllcr will indemnify and hold harmless the Pumhascr and any or nil of the Purchasers officers. 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 net, action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit at other proceeding, 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 ihcir officers, agents or employees As aforesaid, the Seller hereby agrees to assume the defense thereof And to defend the snore at the Sellers own expense, in pay any and All costs, charges, attorneys fees And other expenses, any and all judgments that Amy be incurred by or obtained against the Purchascr or Any of its or their affects. Agents or employees in such suits or other proceedings and in ease judgment or other lien be placed nifen or obtained against the property of the Purchascr, or said parties in or as a result of such suits or other poceeding,, the Seller will at once cause the more to be dissolved 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 prevention of accidents, comply with all laws And regulations with regard to safety including. but vithont limitation, the Occupational Safetyand Health Act of 1970 And all rule and regulations issued pursuant thereto. Revised 0312010