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HomeMy WebLinkAbout266437 ENVIROTECH SERVICES INC - PURCHASE ORDER - 9144338Fort Collins Date: 07/3012014 Vendor: 266437 ENVIROTECH SERVICES INC 910 54TH AVE, STE 230 GREELEY CO 80634 Delivery Date: 07/30/2014 Note: Line Description t 1000 tons Ice Slicer $97.31/tn PER CDOT PRICING PURCHASE 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:purchasing@fcgov.com PO Number Page 9144338 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Quantity UOM Ordered 1 LOT LS JOHN STEPHEN Unit Price Extendi Price 97,310.00 $97,310.00 Pay terms net 30 days 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Coll im u exempt fro stale and local taxis. Our Exemption Number is 98UJ502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of Intemj Remise, Denver, Colorado (Ref Colorado Revised Salina I eD, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failme to ram specifications, either when shipped or due to defects of &,mega in transit, may be moment to you for credit and art ,of to be replaced except upon rcceim of wdmon instructions from the City of Fon Collins. Expediter. GOODS are subject to be City of Fort Collins natatorium on arrived. Final Acceptance. Receipt of be merchandise, servem or equipment in rapome to this order can result in authorized payment oa the an of the City of Fiat Collins. However, d is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. Freight Teats. Shipments mint be F.OB., City of Fort Collins, TUo Wood SL, Fort Collins, CO 80522, unless otherwise specifievd on this order. If permission is given to prepay freight and charge separately. the anginal freight Fill most acmmnanv invoice. Additional charge( racking will not be accented. Shipment Distance, Where manufacturers have distributing points in various pans of the camnry, shipment is expected from the neon r distribution pain) a destination, and excess freight will be deducted front Invoice when shipments are made from greater distance. Permits. Seller shall private at sellers sole cost all a dsoary Titanium, certificate and limues required by all applicable laws, regulations, milimunces and Its of be state, municipality, territory or political subdivision where the work is performed, or required by any other duly constimed public authority having Formation over the work of veadar. Seller fang, agrees to hold the City of Far Collins harmless from and against all liability end loss incurred by them by reason of as asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authentication All ponies to this conuaa agree dot the representatives are, in fact, bows file and possess bill and complete authority to bind mid parties. LIMITATION OF TERMS, This Pumhae Order expressly limits acceptance to the terms and conditions sated herein sal forth and any supplementary or additional worms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ate 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 m noted. Time is of the maram. Delivery and performance most be afMed within the time stated on the purchase order and the documents attached hereto. No was of the Purchoods including, without limitation, mce,some of all is late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser skull have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to not ressum bly foreseeable which we beyond its reasonable cannot mct without its fault of negligence, such uses of cad, acts of civil or military authorities, pavemmmtal pnomid, fires, strikes, mood, epidemic, was; ar nu¢ provided that notice of the conditions cawing such delay is given to the Purchaser within five (5) days of be time when the Seller firsr received knowledge therm( In the event of any such delay, the dam of delivery shall be extended far the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamwa that all goods, articles, recom aB and work covered by this order will conform with applicable drawings, specifications, eaoPla and/or other descriptions given, will Is, fit for the purpma 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 my 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 goad, without cost to be purchases. 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 tern of., applicable wamnty provided by me Sella after the date of acceptance of the goods famished hdxanda (accapmeace no: to be, armament delayed), resulting from imperfct or defective work done or materials punished by the Seller Acceptance or use of goods by me 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 pmximotely mused by the breach of any of me foregoing warranties or guarantees, but such liability shall in no event include lass of profits 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 rhm m m legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any stooges to the mars, ome, than legal mrrm, including additism m or deletions from tie quantllia origlwlly ordered in the specifications or drawings, by veAal or written change order. If any such change effects be amount due or the firs, ofperf urea,hereunder, an vawdable adjoment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wittier change order, terminals this agreement as m my or all portions of the goods than not shipped, subject to my equitable adjustment between be Parties as to any work or walsnms men in pragrtss provided but be Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted pinion of the good m lh r work, for incidental or consequential damages, said that no such adjmunent be, made in favor of the Seller with respset to any good which tap the Sellers informed stock. No such termination shall relieve me Purchaser or me Seller of any oftheir obligations us to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adwamrnl must be asserted within thins (30) drys from the date me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all Posts sold hereunder shall have been produced, sold, delivered and famished in stncl o riAnnee with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all easels sod damages snBend by the Pmcbnser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither ,any shall assign, broosfen or convey this order, or any monies da, or to became due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Sella wvmnls full, clear and unrestricted title to the Purchases for all aptipment. comenaB, and items punished in performance of mix agreement fee and clear of any and all Item, restnctiars, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exessise an y rights or moral provided herein or how , w, failure to promm promptly notify be Seller be event of a br each, be acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wanuntie or obligations of this parchm<order and shall not be deemed a waiver of any right of the purchaser to insist upon smct perfnwnce hereofor any of its rights or remedies m to my such goads, regardless of when shipped, received or accepted, m to any prior or subsequent defult himmul a nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temss hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize bar in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Therelotine, forgoodcause 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 acquired under federal or sate antitrust laws for such overcharges plating m the particular goods or services purcloo d or acquired by the Purchaser pursuant to Nis par des a order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by the mast st,btious means available a it, and the Seller shall pay all costs mossizted with such work. The Seller shall release be Purchaser and its contractors of any ties from all liability and claims of any mare resulting Gmn the performance ofmch we& This mleme shall apply even in the event of fault of negligence of the party released and shall exend to the directs., aliens and employees of such party. The Sellers commuted obligations, inch i ing wamwty, shall not be dimmed as be redaced, in my way, because such wark is performed or..it to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maledal or process covered by lane, parent, trademark or copyright, the Seller shall indemnify and save hamdeoi be Purchaser from any and all claims for infringement by reams of the me of such parented design, device, material or process in commction with the cammd and shall indemnify n, Purchaser for any cost, expense or damage which it may be, ablig i to pay by reason ofsuch infringement at any time during the prosecution or after the completion of be work. In case mid equipment, or any pan thereof or the intended use of the goods, is in such suit held to courimte inGngement 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 Purchmer the right to continue using said equipment or pans, replace the same with substantially equal but noninfi ng irg equipment, or melify it so it becomes mainGrnging. 15. INSOLVENCY. If be Seller shall become insolvent or bmkmpt make an assignment for the benefit of emblem, appoint a activer or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dduthiom of team winds, be infeap etarion of the agreement and the rights of all ponies hereunder shall be, ...,it order and govemed by the laws ofine Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of5ellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on it work w Sellers own risk until the same is fully completed aM samplaL and shall, in dress, of any accident destruction or injury to the work mother near s before Sellers final completion and acceptance, complete the work at Sellers own expense sod to the satisfaction of the Purchaser. When materials and equipment ate furnished by others for instillation m erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials an&or equipment were being famished by the Seller maker me order. 18. INSURANCE. The Seller shall, or his awn expemc, provide far the payment of workers compemmme, including acce patimad 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 Led of the sate in which me work is b be done. The Seller shall also carry comprehensive general liability including, but not limited to, ex mmcluj and art .an.ale public liability imtwnce wins bodily injury and death limits of at lemr S300,000 for any one person, S500,000 for any armaccident anal pin," damage limit per accident of Sa00,000. The Seller shall likewise require his contractors, if any, to Myrtle for such compensation and mandate. Before soy of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish be Purchmer wins a certificate that such compensation and insurance have been provided. Such curificams shall specify be &a when such compensation and insurance have later provided. 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 be more responsibility and liability for any and all damage, lass or injury army kind or nature whatsoever to persons or property Gamed by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold tumbled be Purchaser and any r all of the Purchasers oRCers, agents and cmplayed from und u,arm, any and all claims, losses, damages, charges or expenses, whisker direct or indirect and whether to persons or Property, as which be Purchaser may he put or subject by rson of any act, action, regard, omission or default on the pan of the Seller, my of his contractor or any of be Sellers or contractors officers, agents or employees. In ere any suit or other proceedings shall be brought against the Pmrchmer, or its officers, agents or employees at any time on account or by reason of any um, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby We. to assume the defense thereof and to defend be same at the Sellers own expense, to NY any sod all costs, charges, wourneys fps and other expenses, any and all judgments but may be incurred by or obtained against din Purchaser or any of its or their oRcas, agents m employer in such suits or other proceedings, and in sou judgment an o0ar lien be placed upon or obtained against me property of the Forehead, or said Feria in or as a mull ofsuch suits or other proceedings, the Seller will at once cause be name to be dissolved and discharged by giving bond or mberwise. The Seller and his contractors shall Inks all safely precautions, famish and mstall all guards necessary for be prevention of accidents, comply win all laws and regulations wit regard to mfy including, but without limitation. be Compositional Story and Health Act of 1970 wall all roles and regulations issued pursuant thereto. Revised O OW4