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HomeMy WebLinkAbout266437 ENVIROTECH SERVICES INC - PURCHASE ORDER - 9120649PURCHASE ORDER PO Number Page City of PURCHASE 9120649 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/31/2012 Vendor: 266437 Ship To: STREETS DEPARTMENT ENVIROTECH SERVICES INC CITY OF FORT COLLINS 910 54TH AVE, STE 230 625 NINTH STREET GREELEY Colorado 80634 FORT COLLINS Colorado 80524 Delivery Date: 01/31/2012 Buyer: JOHN STEPHEN 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 Ordered Extended Price 2012 DEICING MATERIAL 1 LOT LS 300,000.00 PER TERMS AND CONDITIONS OF CDOT BID Total $300,000.00 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 11, 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 mxa. Our Exemption Number is 98-0W502. Fcdcml Excise Tax Exemption Certificate of Registry 84-61I1105R7 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to raw specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced exceptupon receipt of written instructions Form the City of Fen Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NON WAI V ER. Failure of the Purchaser to insist upon strict performance ofthe tears and conditions hereof, failure or delav to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design. shall not release the Sellernf 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 apart strict performance hereof orany of its rights or remedies as to aav such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall am, pugroned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any 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 pan of the City of Fort Collins. however, it is to be 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. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any anti all claims it may now have or hereafler Freight Terms . Shipments most be F.O.B.. City of Fort Collins, 7M Wood St.. Fen Collins. CO 80522, unless acquired under federal or state antitrust laws for such 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 nr acquired by the Pnrchascr pursuant to this purchase unity. bill must accompany invoice. Additional charges for picking 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 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 destination. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most cxpedititnrs means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, cenifieans and licenses required by all applicable laws, regulations, ordinances and mlcs ofthe state, municipality, territory ur 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 from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are 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 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 opening as 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 ofplacing this order elsewhere and holding the Seller liable for damages. Howewcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such act of Gad. acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, 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 knovyledge thereof. In the event of am'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 Seiler warrens 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 standards for work of u 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 Sellers breach ofwarnnty. 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 law or by the terms ofany applicable warm, any provided by the Seller iRcr 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 grads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as alhcrwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include log ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANCES IN LEGAL TERMS. The Pnrchascr 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 deletions from the quantities originally ordered in the specifications or drawings, by verbal or onaten change order If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TER,MINATIONS. The Purchaser may at any time by written change order, graduate this agreement as to any or all portions of the goons than not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfils 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 Scllcr with respect to any good which are the Sellers standard stock. No such termination shall ml ieve the Purchaser ar the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscned within thirty (30) days From the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced, mid, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhascr as a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mnsfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Scllcr wamnts fill, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished 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 any net From ell liability and claims of aav nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such puny. The Seller's contractual obligations, including womanly, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all 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 Pnrchascr for any cost, expense or damage which it may be obliged to pay by reason of inch infringement at any time during the prosecution or infer the completion of the work. In case said equipment, or any part thcrenf or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or pan 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 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 bankrupt, make an assignment for the benefit of creditors, appoint a receiver or fortune for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or -the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe Statc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfnrm work hereunder, including the services of Scllers Represcrudive(s), on the ptmisses of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in ease of any accident deslmction or injury to the work and/or matcrin is before Seller's final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase When materials and equipment arc furnished by others for installation or traction by the Seller, the Stiller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shell. 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 laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bot ily injury and death limits of m least S30r.000 fur any one person, S500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any wwork upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall 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 Seller hereby assumes the entire mvponsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmpetty caused by or resulting from the execution ofthe work provided for in this purchase onler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages charges or expenses, whether direct or indirect, and Whcthcr 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 officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its olfiners, 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 officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the: ame at the Scllcrs own expense, to pay any and all costs, charges, attorneys fces 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 Purchaser, or said panics in or as a result o-such suits or other proceedings, the Seller will at once eauce 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 accessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Heahh Act of 1970 and all miasmal regulations issued pursuantthereto. Revimd 03/2010