HomeMy WebLinkAbout539993 VAPEX ENVIRONMENTAL TECHNOLOGY - PURCHASE ORDER - 9143930City of
Fort Collins
Date: 07/15/2014
PURCHASE ORDER
Vendor: 539993
VAPEX ENVIRONMENTAL TECHNOLOGY
531 S ECON CIR SUITE 1009
OVIEDO FL 32765
PO Number Page
9143930 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 07/14/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1
Qt#1406301, odor control parts
1 LOT LS
56,500.00
Vapex is replacing the internal components to our existing units with their plasma technology.
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:purchasing@fcgov.mm
Total
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 stature the City of red Coll ins is exempt Show state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of
Failure of the Purchaser to insist upon soict performance of the ,ems and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance of or payment for gaods hereunder or approval efthe design, shall not relearn the Seller of
Goods Rejttled. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deft,, of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be rammed to you for credit and arc not an be replaced eac,, upon receipt of wromin
purchaur to insist upon strict performance hereofor any ofits rights or remediesre, to any such goods,regardless
answe,ions from the City of Fon Collins.
of when shipped, mocived or accepted, as to any prior or subsequent default hereunder, nor shall my puryoned
oral modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the terms
les,bee n. GOODS are subject m the City of Fon Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in requirae to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fun Collins. However, it is to he understood that FINAL
Seller and the Purchaser mcognize that in accord economic practice, overcharges resulting Pram antitrust
ACCEPTANCE is dependent upon completion of all applicable requiredns inspection procedures.
violations art in fact home by the Purchaser. Theretofore, tom good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herufter
Freight Tema. Shipments must be F O.B., City of Fort Collins, 7W Wood St., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges mining to the particular good or services
otherwise specified oa this under. If permission is given to prepay freight and charge sepmamly, the original freight
purchown] or acquired by the Puchaer pursuant m Nis purchase order.
bill ram, accompany invoice. Additional charges for packing will not he accepted.
❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Bounce, Wbsm manufacturers have Maintain, points in sommus pans of the country, shipment is
If the Purchaser direcu the Seller to correct nonconforming or defective good by a date to be agreed upon by the
expected fen the nearer, Minimum point 1. Memoirist, it excess fright will be deduned from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its im biliry or unwillingness to comply, the PwcM1as,,
shipments are made fmm greater d tome.
may cause Me work to be performed by the most expeditious means mailable to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale new all ruressary permits, certificate and licenses required by all
applicable laws, regulations, ordinances and rules of Me state, municiWlity, tcritory or political subdivision where
Me work is performed, or required by any other duly constituted public authority luvingjurisdiction over the work
of vendor. Seller further agrees on bold the City of From Collins harmless train and against all liability and loss
mcurtrl by them by reawn of an assented or esmblishW violation of any such taus, regulations, ordinances, toles
and requirements.
Authorisation. All ponies to this contract agree that the rprexntatives we, in fact, boss fide and possen Poll and
complete andwrity to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and co Wait.. mated
hernia sat foM and any supplementary or additional a ran and cond ... om ennead hereto or ince, omted herein by
reference. Any addirimul or dilTerent moms and conditions proposed by miler are objeaed to red hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immMimely iryou unman make complete shipment to arrive on your
promised delivery date as noted Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No act, of the Purehas,rs including, without
limitation, acceptance oriental lam deliverer, shall apemte as a waiver of this pr. nvision. In the even, of any delay,
Me Perchance shall have, in addition to other legal and aquimble remedies, the option of placing this order elsewhere
and bidding the Seller liable for damages. IJowa'er, arc Seller shall not be, liable for damages as o result of delays
due to oases not reasonably foreseeable which are beyond its reasonable cooled and withom its fault of negligence,
such acts of God, acts ofrivit or military ambombes, governmental priorities, fires, strikes, flood, epidemics, wan or
riots provided that notice of the conditions timing such delay is given to the Pumhser within five (5) days of the
time when the Seller first received knowledge thereof In the tend of my such delay, the Jam of delivery shall be,
extended for the period equal to On time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, aracle, materials and work covered by this order will conform with applicable
drawings, specifications, samples candor other descriptions given, will be fit for the pmpases intended, and
performed with the highest degree of care and competence in accordance with accepted sfandard I'or work of a
similar mrure. The Seller agrees an hold the purchaser harmless from any was. damage or expense which the
Purchaser may suffer or into on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, with.., cost 1. the purchase, any defecu or faults arising within one (1) year or within such longer period of
time as may be proombed by law or by the mcrnss of any applicable womanly provided by the Seller after the dam of
acceptance of the good punished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumishM by the Seller. Acceptance or use of goods by the Purchaser shall not
institute 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 ol'any of the foregoing waramies
or guarantees, but such lidmil ity shall in no event include lass of prefix 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 m legal hams by wdnen change aide,
5. CHANGES IN COMMERCIAL TERMS.
The Punuhne¢ may make any changes to the terms, other than Nall merry lackelJng udd.inns to or deletions li.m
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change wheels the ao.ure date or he rime of performance hereunder, :m equitable adjtesonem shall he made.
6. TERMINATIONS.
The Parchaser may al any time by wriment change We,, ,emminme this agreement m to any or all portions of the
good then not shipped, subject to any equitable adjutmew between the panics m m any work or materials then in
progress provided that the Purchaser shall not be liable for wry claims for anticipated prefits on the uncompleted
pinion ofthe good andor work, for incidental or consequential damages, it that no such adjustment be made in
favor of the Seller w'i,h respect to any good which are the Sellers standard stock. No such communion shall achieve
the Proclaim or the Seller of any of Iheir obligations res to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) drys form the date the change or momentum is
ordered.
C COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and hummed in strict
compliance with all applicable laws and regulations W which the good are, subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations mquiml to be
ncoTorated in agreemener of this character are 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 usage. transfer, or massy this order, or any monies due or to become due hereunder without the
prior written causes, of the he, patty.
10. TITLE.
The Seller warrants full, clear and ummmoded tide m the Purchnsn foe all equipment, materials, and items f mhed
in performance of this agreement free and clear of any and all liens, restrittiom, materialistic, security interest
eneumbruwe scut claims i fothers.
The Sella shall release the Pmmrehastt red its contractors of any her (ram all liabiliry and claims of any aware
resulting fmm the Examination, ofsuch work.
This mlemt shall apply even in the event of fault of so ligenre of the party released and shall emend to the
dbemom, oRcers and employees crouch parry.
The Seller's commumal obligations,.]ad,, wamenry, shall not be dented on be, reduced, in any way, became
such work is performed m caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is rtyuiml to use any design, device, material or process covered by deter, patent, frademark
or wpyrid,L are Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement
by reason of the use of such patented design, deice, material or process in commenion with the contract, and
str ll indemnify the Purchase, far any cost, expenw or damage which it may be, obliged to pay by reaoa of such
infringement at any time during the protection or after Me completion of the work. In case said equipment, or
any par thereof or the intended me of the goods, is in such suit held m constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense nail at its option, either procure for the
Purchaser the right to continue ruing said computing or pans, replace the same with substantially and bur
wainfringing equipment, or modify it so it becomes noninfneging.
15. INSOLVENCY.
If the Seller shall become insolvent or Jackman, make an assignment for the benefit of creditors, appoint a
receiver or uus re for any of the Sellers primary,or business, this order may forthwith be canceled by tie
as Purcher without liabiliry.
16. GOVERNING LAW.
The definitions ofo rms wood or the interpretation of the agreement and the rights of all parties hereunder shall be
constmed under and governed by the laws offe State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenmtive(s), on the premises of others.
V. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is Filly completed and rumpled. and shall,
in case of any accident, destruction or injury to the work auction nationals before Sellers final completion and
accordance, complete the work at Sellers own expense and to the satisfaction of the Puritanism. When materials
and equipment are (unusual by others for installation or erection by the Seller, the Seller shall receive, unload,
same and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for he payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase under,
wwUr, to ,heir defensive, in acundonce with the In,, of the state in which the work is to be done, The Seller
shall also carry comprehensive general liability including, but no, limited to, coatimme l and automobile public
liabify imamate with buddy injury and death limns of w leas, S300,000 for any .ate person, $500,000 than any
one occident and properly damage limit per, accident of S400,000. The Sell,, sMll likewise require his
if any, to provide for such compensation and in e. Be.. any of the Seller or his contractors
employees shall do any work upon he premises of others, the Seller shall f ish the Purchaser with a mtifcate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ompereadion and insurance hove been provided. Such certificates shall specify the Mule when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mainminval until after 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 of any kind
or nature whatsoever to persons or property, caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of he Purehasen oRcers, 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 azt action, neglect, omission or default on the pan 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 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to
defend the same al the Sell,, own expense, In pay any and all costs, chargm, attorneys fees and other espouses,
any and all judgments that may he incurred by or obtained against the Purchaser or any of in or Meir officers,
agents or employees in such suits or office proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchase, or said parries in or az a resit of such suits or other proceedings,
the Seller will at once cause the some to be, dissolved and JischargM by giviag bond or otherwise. The Seller and
his contraction shall fake all safety punctuations, fum¢h and worst all gumd necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety iaduding, but without limitation, the
Occupmioml Safety and Health Act of 1970 aM all toles and regulations issued parsean, thereto.
Revised 032010