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HomeMy WebLinkAbout548831 LANDTEC NORTH AMERICA INC - PURCHASE ORDER - 9147013Fort Collins Date: 12/01/2014 PURCHASE ORDER Vendor: 548831 LANDTEC NORTH AMERICA INC 850 S VIA LATA SUITE 112 COLTON CA 92324 PO Number Page 9147013 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: 12/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 LOT LS 8,995.00 BIOGas 5000, complete Per quote entailed 11/24/14 #0070764 Contact on the Req. is Raman Arguello, X-6925 Quote copy sent to city buyer on 11 /26/14 via email by mrw 2 1 1 LOT LS 407.00 gas calibration kit,H2S/C0 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 Total $9,402.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and ]coal taxes. Our Exemption Number is 98-04502. 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). Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in rmnsid, may be returned to you for credit rest are nol to be rrylced except upon receipt of written imuucmns firm be Ciry ofFmt Collins. Inspection. GOODS ore subject to be City of Fan Collins insp dram an m ival. Final Acceptance. Raeipt of the me cl mdise, setaeor equipment in response to tbis order era rnch in authorized payment ern the part of the Ciry of FanCollim, However, it is 1.be understand thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Temu. Shipments most be F.O.B., City of Fort Collins, 700 Woad St., Fan Collins, CO 80522, unless otherwise specified on this order. If Parnassian is given to prepay freight and charge separately, fie original freight bill must accamranv invoice. Additional chances fen tacking will test be camptd. Shipment Distance. Where manufacturers have disc ibuting points in varrione, pans of me country, shipment is expected from the nearest distribution paint in destination, and excess freight will he deduced from Invoice when shipments are made from greater distance. remrits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses rcquird by all applicable laws, regulations, ordinances and rates of the state, municipality, remtory or pohm al subdivision where the work is perfomrd, or required by any other duty constituted public authority having jurisdiction over me work of vendor. Sell. further agrtes m hold the City of Fort Collins harmless from and against all liability end loss matured by them by reason of an asserted or established violation of any such laws, regulations, ofdwnces, rules .it requirements. Authorization. All parties to this tan ow, agree then he reprexaa w. are, in fact. bans fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to be terns and conditions stated herein set foM and my supplementary or additional mass and conditions annexed hereto or incoryoramd herein by reference. Any additional or different terms and conditions proposed by sella are objected to and booby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to arrive an your pmmisd delivery date as noted. Time is of be essence. Delivery and penfoemune. most he effected within me time stated oa the purchase order and the documents attached hereto. No ass of the Purehamrs including, whhom limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the evert army delay, the Purchaw, shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding be Seller liable for damages. However, the Seller shall not he, liable for damages as a result of delays due to causes not rw usu bly foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofeivil ar military autMritics, Recommended priorities, few, sales, road, epidemics, wars or nos provided but notice of be conditions coming such delay is given to the Pureh.a within f (5) days of the time when the Sella fait received knowledge thereof. In be event of any such delay, the date of delivery shell be extended far be period equal r. the time actually lost by mason ardor delay. 3. WARRANTY. The Sella warrants that AI goads, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples radar other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standard, for work of a similar nature. The Seller agrees to hold the pumhaser harmless from any loss, damage or expense which the Pvmhaur may mBa of incur an account of the Seller breach ofwa V. The Seller shell mr,hea. repair or make good, without canto the purchase, any def,ar or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by me ]emu of any applicable warranty pmvidd by be Seller once be date of acceptance of be good f ished hereander m cepaae not in be arre ema bly delayed), resulting from imperial or defective work done or materials famished by the Sella. Acceptance or use of good by me Purchaser shall not onstimte a waiver army claim uniton this warranty. Except as otherwise provided in this purchase coda, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanamies or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES W LEGAL TERMS. The Purchaser, may make changes m legal terms by wrinen change am.. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other man legal tams, including additions to or deletions fmm the q.unit s originally ordered in fie specifications or drawings, by verbal or written change order. If any such chm,, affects the amount due or the time afrerformanc, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any rime by women change order, mnminate this agramrnt as t. any or all portions of the goods men not shipped, subject many equitable adjusment Between the parties as to any work or materials men in progress provided that fie Purchaser shall rot he liable for any claims fen anticipated pairs on fe uncompleted portion ofthe good ardlor work, for incidental or consequential dmnagex, and that no such udjusment be made in Favor of the Seller with respect. any goods which art be Sellers standard stark. No such armination shall relieve the Ptrcbaser or be Seller of any affair obligations as to any goods delivered hereander. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) days from the than the change or termination is ordered- S. COMPLIANCE WITH LAW. The Sella wamnm dot all goods sold hereander shall have been produced, said, delivered and famished in strict compliance with all applicable laws and repulse.. to which be good are subject The Sella shall excess, and deliver such documents as may be required to effect or evidence compliance. All laws ad regulations required as be incorporated in agreements of this character are hereby incoryomled herein by this reference. The Seller agrees to indemnify and hold the Papillose, harmless from at I costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tansfin, on convey this order, or any monies due or m become due hereunder without be prior wrinm consent ofthe other parry. 10. TITLE. The Sella warrants full, clean and umesmcted title to be Purchaser for all equipment, materials, and items fumishd in performance of this agreement, fire and clear of any and all liens, restrictions, reservaoions, security interest encumbrances and claims of others. I L NON WAIVER. Failure of the Purchaser m insist upon sunset performance of the terms and conditions hereof, failure or delay to examise 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 goods hereunder on approval of the design, shall not release me Seller of any of the warranties a obligations of his purchase order and shall not be deemed a waiver or any right of fc purchaser to insist upon strict performance hereof or any of its rights or mnedies w In any such good, regardless of who shipped, received on accepted, . as my prior or subsequwt deGot hereunder, mar shut any functional a.] modification ar rescission of this purchase order by the Purchaser opeate ss a waiver of any of On to. turner. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogniu that in actual economic practice, overcharges resulting from antitrust vielatio. arc in fact borne by be Purchases Theretofore, forgoodcause and as consideration for executing this purchase order. the Senn hereby assigns to the Purchase, any it all claims it may now have or hereafter arquird aster federal or state contrust fws for such overcharges relating to be particular goods or services purchased or acquired by the Pmchaver pursuant to this purebaoo order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Purchaser directs be Sella to contact nonconforming or defective good by a date to be agreed upon by the Purchaser and be Seller, and the Sella hereafter indicates its inability or unwillingness to comply, be Purchaur may cause the work to be, performed by be most expeditious means available to it, and the Seller shall pay all costs sacimd with such work. The Sella shall re]eme the Purchaser and its contractors of any ties from all liability and claims of any nature resulting from the performance afsuch work. This .1. shall apply even in be event of fault of negligence of the parry relwsed end shall extend m fie directors, oRcers and employees afsuch party. The Sdbrs commensal obligations, including warranty, shall not be deemed to be rcducd, in any way, beaus such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to vas any design, device, imperial or pnaess covered by lane, patent, trademark Or copyright the Seller shot] indemnify ast save harmless the Purehua from any and all claims fen infringement by awason of the use of such potemed design, device, material or process in connection with the conmm, and shall indemnify the Purchucr far any cost, expense a damage which it may v obliged an pay by reawn of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, ar any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and be use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Perelman the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing.. I S. INSOLVENCY. If the Sella shall beconrc insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a err, or wsae for any of the Sellers property or business, mis order may foMwilh be wmeeled by the Purchuer without liability. 16. GOVERNING LAW. The definitions of term., used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construct under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including me service of Sellers Reprtunedivahs), ov be premixes ofofers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work en Seller, own risk until the same is body completed end accepted, and shell. in eau of any accident, destruction or injury m be work andor materials before Sellers fiwl completion must acceptance, complete the work at Sellers awn expense and to be satisfaction of the Purchaser. When materials and equipment are perished by others for installation or nation by the Seller, the Sella shall receive, unload, store and handle same at the site sod become responsible therefor as though such maerials and/m equipment were being famished by be Seller under me order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including cocupat sad disease haterm, to its employees employed an or in contraction with me work coverd by this purchase order, amNor to their dependents in accordance with the laws of the store in which be work is in be done. The Sella shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for 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 compewtion and insurance. Before any of the Seller or his contractors employees shall do my work upon be premises of others, the Sella shall famish to Purchaser with a cendicate that such compensation most insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Sella agrees that such compcwtion and m urmce shall be maintained oval aver de, entice work is complad and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the mine responsibility and liability for any end all damage, lea or injury of any kind tornature whatsoever ro persons or property named by or resulting home the execution of the work provided for in this purchase order or in connection hemocirR The Sella will indemnify and hold harmless fie Purchase, and any r all of be Nonhuman, officers, agents and employees fmm and against my and all claims, lasses, damages. charges or expenses, whether direct in indirect, and whether to pastures or property to which me Purchaser may be put or subject by reason of any act, =no% neglect, omission or default on the pan of be Seller, any of his contractors, or my of tM Sell. or contactors oRcers, nors or employees. In eau any suit or omen proceedings shall c brought against be Purchases. or is officers, signals or employees at any time on account or by... of any act, action, neglect, omission or default of be Sella of any of his contractors or any of its at bar olfrcas. agents or employees . aforesaid, be Seller hereby agrees to assume be defense thereof and to defend the same at the Sellers awn expense, to pay my and all casts, charges, attorneys fees and other expenses, any and all judgments mat may be incurred by or obmined against the Purchaser a any of is or their offlon , agents or employees in such was or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purcheser, or said parties in or as a result afsuch snits or other proceedings, the Sella will al ace rouse the same to be dissofed and diuhmged by giving bond a otherwise. The Seller end his entrance, shall cake all safety precautima, foreas aM install all guard necessary for the prevention of ccidents, comply mm all lases aM regulations man regard m safely including, but without Function, the Occupational Safety most Boom Act of 1970 and all rules aM regulations issued pursuant ferem. Revised 07=4