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HomeMy WebLinkAbout535196 TRE ENVIRONMENTAL STRATEGIES LLC - PURCHASE ORDER - 3214375Fort Collins Date: 03/13/2014 PURCHASE ORDER Vendor: 535196 THE ENVIRONMENTAL STRATEGIES LLC 4303 W LAPORTE AVE FORT COLLINS CO 80521 PO Number Page 3214375 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 TESTING SERVICES 2014 BLANKET ORDER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:pumhasing@fcgov.com 1 LOT LS 15,100.00 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. COMMERCIALDETAILS. Tax exemptions. By so,ue the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 984s0502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collator of Internal Revenue, Drnv,, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECfED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be mums to you for credit and are not to be replaced except upon receipt of wrium instructions from the City of Fan Collins. Proportion. GOODS are subjert to the City of For, Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipmm, or response on this order car comh in authorised payment on the pan of the City of Eon Collins. However, it is to be understood Jut FINAL ACCEPTANCE is dependent ,a .,let. of all applicable required inspection pracedutes. Freight Terms. Shipments ..in be F.O.B., City of Fan Collin, 200 Wood St, Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given In prepay freight and charge separately, the original freight bill most accompany invoice. Additional charm for packing will not be accepted. Shipment Distance. Where manufacture have distributing points in various pans of the country, shipment is expected from the nearest distribution point to distinction, and excess freight will be canned from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificares and licenses residual by all applicable laws, regulations, ordinance and roles of the some, municipality,,emtory, or political subdivision where the work is perfumed, or Tani red by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funber ageecs to hold the City a Fort Collins harmless from and against all liability and loss ed by them by reason of an assena or established violation of any such laws, regulations, ordinances, macs incurred ndrere idiremana. Authorization. All parties 1. this contract agree that the representatives are, 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 soled herein set forth and any supplementary or additional terms and conditions annexe hereto or incapooted herein by reference. Any additional or different terms and conditions proposed by seller are objected w and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance most b, effected within the time stated on the purchase order and the daummts attached baeto. No acts of the Purchasers including, without limitation, acceptance of pattul late deliveries, shall moraine as a waive of this provision. In the event of any delay, the Purchaser shall have, in addition w other legal and repairable remedies, the option ofplacing this order tlsewbete and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a resuh of delays due to reuses not reasonably foreseeable which are beyond its essomble conWl and without to fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strdia, Bead, epidemics, worn or riots provided that notice of the romantics causing such delay Is given to the Purchaser within five (5) days of the time when the Sella Brs, received knowledge thereof In the event of any such delay, the date of delivery shall be extended fa the period alma to the time wholly last by remain of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andbr other descriptiore given, will be fit for the p rrpaves intended, and performed with the highest degree of care and competence in accordance with accepted mandads for work of a similar nature. The Seller agrees to hold the purchaser hart from any toss, damage or expense which the Purchaser may sufferer incur on account of the Sella breach of waamty. The Sella shall replace, repair or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of time As maybe presented by law may the terms of any applicable warcuny, provided by the Seller alter the date of acceptance of the goods furnished 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 an, constitute a waiver of any claim under this waWnty. Except as otherwise provided in ,his purchase .,do,, the Sellers liability hereunder, shall wend w all damages proximately caused by the breach of any of the foregoing warranties ........as, bar such liability shall in no event include loss ofpmfrs or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Pumhmer, may make changes to legal to. by written change ode,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser my make any changes to the tears, other Wan legal ,mans, including additions to or deletions from ,he quantities originally ordered in the specificadom a drawings, by verbal or written change order. If any such change affreu me smarm, due or the time ofarformaner, hereunder. an around, alius,mmt shall he made. 6. TERMINATIONS. The Purchaser may at any lime by written change ocdes, terminate this agreement as w my or all portions of the good then am shipped, subject in any equitable algid. arwem the panics as to my wok or matcdls then in progress provided that the Purehaser shall not be, liable for any claims for anticipated points on the uncompleted random office goods maker work, for intentional or consequential dmaga, and chat no area edjuument be made in favor of the Sella win respect to any goals which an, me Sella, stmdd stock. No such communities shall relieve me Purchaser or the Seller of., of Weir, mb,taimis as w any goads delivered bereuMa. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most to, asserted within miry, (30) days cam the date tha change a terminntlon is ordered. 9. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws end regulations to which the goods ate suldal, The Seller shall execme and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be ncorporaled in agreements of this character are hereby incomoreed herein by this reference. The Seller agrees sa indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser At a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall cosign, lmmfer, ar convey this order, or any monies due or to become due hereunder without the prior written ctnsatl of,he other party. 10. TITLE. The Seller warrants full, clear and un,csMeted title to the Purchases for all equipment, materials, and it. fumhhed in performance of this agreement fra mW cica of any and all liens, restrictians, Tona,mtions, security interest encumbrances and claims refothrrs. I I. NONWAIVER. Failure of me Purchaser to insist upon strict permanence of the eras and condition hereof. failure or delay to excoriate any rights or remedies provided hetew or by law, failure to promptly notify the Sella in the event of a breach, me acceptance ofor payment for goods hereunder a approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall no be domed is waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights a ramaies as to any such goads, tegoolless of when shipped, received or accepted, ex wavy prior or subsequent default hereunder, nor shall airy putpor ed and modification an rescission of this purchase order by the Purchaser made as is waiver of any of the reran herenf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize dust in arrant economic practice, overcharges resulting from antiwst violations are in fact bone by the Purcbasn. Theretofore, for good cause and as emaideration for executing this paadmic order, me Seller hereby assigns to the Purchaser my and all claims it may now have a hereafter acquired under notional a some antiment laws for such overcharges relating to the particular goods or services purchased ar wgmeal by the Forerunner momend to this purchase odor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella w correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and rate Seller shall pay all costs assaiated with such work. The Seller shall crime the Purchaser and its contractors of any tier Pram all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply on in the event of fact, of negligence of the party released and shall extend to the directors, officers and employees ofsuch any, The Seller's contractual obligations, including warranty, shall not be domed to be reduced, in my way, because such work is performed err used w be performed by the Purchaser. 14. PATENTS. Whenever the Seller is raluired to use any design, device, material of process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and at I claims for infingemem by rmson of the use of such Formed design, device, macnal or pea«ss in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be abliga to pay by reawn of such infringement in my time during the prosecution or after the completion of the work. In case said equipment, err any pan donef or she iatenda use of the goods, is in such suit held an constiote infringement and dre ase of said equipment or pros is joined, the Seller shall, at its own expense and in its option, eitha procure for the Purchaser the right to continue row, said equipment an parts, replace the same with substantially egml but ...inGngin, equipment m modify it m it becomes noninfdnging. 15. INSOLVENCY. If the Sella shall become insolvent or band pk make am assiganwm fa the benefit of creditors, appoint a recriver or trus tee for any of the Sella property or business, this anchor may forthwith be cancels by the purchaser without liability. 16. GOVERNING LAW. The definitions of berms used or the interpreodon refine agreement and the rights of all ponies hereunder shall be remained undrr, surd gnsremd by the laws ofthe Sam ofCoIcs ,USA. The following Additional Conditions apply only in case where du Seller u to perform work hereunder, including the smices ofSellm Represenotive(s), on the penises ofethers. It. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's awn risk until foe same is fully completed and accepted, and soon, vies,in of any accident, destruction or injury to the work center 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 eripmad am furnished by others far installation of oration by the Seller, the Sella shall receive, unload, store and handle same an the site and become responsible therefor as though such materials andor equipment were being famished by me Seller under the order. 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational dismw benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependants in accordance with me laws of the stare in which the work is to be done. The Sella shall also carry comprehernive general liability including, but not limiter w, conducting and automobile Public liability insurance with bodily injury and death limit of at lean S1ID,IX0 for my one person, E500,00o for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his commc,og many, to Provide for such campmsamn and immune. Before my of the Seller or his contractors employees shall do any work upon me premises of ethers, tha Sella shall furnish the Purchaser win a anifneste that such compensation and insurance have been provided. Such ree iricata shall specify the date when such compensation ad insurance have been provided. Such cmdficates shall specify the date whet such compawtion and insurance expires. The Sella agrees mat such mmpeissation and announce shall be maiauimd until after me entire work is completed and acaped 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby au a the entire raimanibiliry and liability for any and all damage, loss or injury of any kind or rater, whatsoever to possons or pee my mused by or resulting Earn the execution ofthe work provided for in ,his purrma, cola or in amma ion hansid-The Sella will indemnify and Mid harmless Jae Pachaer and any or all of the Parchasm i frrm. agents and employees from and against any and all claims. losses, dames, charges or expanses, whether direct or indirect, and whether to peons or property to which me Purchaser may Fee put or subject by reason of any act, motion, neglM, omission or default on the pat of the Seller, any of his ontructon, or my of me Sellers m omme ors officers, agents or employees. In rose any suit or other proceedings shall be brought almost me Purchaser, or its officers, agents or employes at my time on account or by reason of any act, notion, neglect, omission or default of the Seller of any of his contractors or my of its or their oHicm, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to defend the came at the Sellers own expense, to pay any and all costs, charges, moneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pmcomad or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment err other lien be placed upon or emitted against he property of the Purchase, or said parties in or as a result of men 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, fumish and install all goad necessary for the prevention of wcidenta, 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 mereto. Revised 03,2010