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HomeMy WebLinkAbout263160 PVS TECHNOLOGIES INC - PURCHASE ORDER - 9150160Fort Collins Date: 0110912015 Vendor: 263160 PVS TECHNOLOGIES INC 10900 HARPER AVE DETROIT MI 40213 PURCHASE ORDER PO Number Page 9150160 1e1`2 his 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: 01/09/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price r 2015 Blanket PO Ferric Chloride 1 LOT LS 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. 40,000.00 Price is $567.00 per ton per the MAPO bid. FOB City of Fort Collins Water Reclamation Facility, 3036 Environmental Drive. Fort Collins. CO. 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO $0522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax excmpdors. By stature the City of Fon Collins is exempt from state and local mans. Our Exemption Numbs is 11. NONWANER. 994 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registared with the Collector of Failure of the Pumhaza to insist upon stria performance of the an. and condinors herot failure m delay to Internal Revenue, Denver, Coloado (Ref. Colorado Revised Stations 1973, Chapter 39-26, 114 (a). evervise any rights or mnedies provided herein or by law, failure to promptly tioufy the Seller in rise event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release rise Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects 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 Parent, may ha returned to you for credit and are not to be replaced except upon receipt of written purchasers, insist upon strict pnommove hereof or any of its rights rummsbas as to any such goods, regardless inmmctions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral malifimtion or scission of this purchase order by the Purchaser operate m it waiver of my of the terms Inspection. GOODS are subject to to City of For Collins inspection on moral, hereof. Final A.,.,. Receipt of the merchandise, savica or equipment in impose to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aatborizcd 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 acid economic practice, overcharges resulting from exhaust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the purchaser. Theretofore, for good moue end as mnsiduatims for executing this purchow, order, the Seller hereby assigns at dre Purchavace any end NI claims it may row have or formula Freight Terns. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St, Fart Collins, CO 80522, unless acquired under federal or sure antitrust laws far such overmings refiring m the particular Small or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Pumas, pursuant to this purchase Parr. bill most accomoanv invoice. Additional charges for Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of rise country, shipmem is expected from the am est distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made firm greater durance. Permit. Seller shall procure at sellers sole cost ell m.ay permit, certificate, and licanses required by all applicable laws regulations, ordinances rend roles of rite site, municipality, territory or political subdivision where the work 0 performed, or required by my other duly committed public authority having jurisdiction over the work of vendor. Seller further agrees to held the City of Fort Collins hamtlass from and against all liability and loss incurred by them by. of an asserted or esrblishad violation of my such laws, regulations, oNinances, roles and requirements. Amhoriation. All parties to this a nd con agree that the carmenmtivs are, in fact, boom fide and possess full and complete authonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions armed herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additonal or different tams and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou camas make complete shipment to trrive on your Promised delivery dam as noted. Time is of the announce. Delivery and performance most be effected within the time stated on the purchase order and the documat marched hereto. No act of the Pmchvurs including. without limiation, acMo. of omial late deliveries, shall opemte as a waiver of this provision In the an, of ery delay, thc Purchasm shall have, in addition to order legal and equitable rtmdies, the option of plating this oNer elsewhere and holding the Seller liable for damages. However, the Sit shall not be liable for damages as is result of delays due to muses not reammbly promotable which are beyond its txasarmble central aud without its fault of negligence, such acts ofGod, Pas ofcivil or military authorities, governmental priorities, fires, strikes, flood. epidemics, wars or hots provided find notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella fire received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, article, mamdaLa and work covered by this order will conform with appliable drawings, spaifmtions, a mpla Pat other descriptions given, will be fit fro the purposes intended, and perf d with the highest degree of cart and co r scuu a in accordance with accepted sranduds for work of a similar retire. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or Nca im net of the Sell. breach of wemnty. The Sella shall replace, repair or make good, willrout must to the purchzwr, my defect or f It mating within one (1) year or within such longer period of time us may be prescribed by law or by the terms Proxy applimble warranty provided by the Sella after the dam of acceptance of the good timished hereunder (acapWce not to be unreasonably delayed), resulting from imperfect or defective work dove or materials famished by the Seller Acceptance or use of goods by the Purchases shall not constitute a waiver of my claim under this wananty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no even, include loss of prefix or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by answer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the tams, miam Wan legal toms, including additions m or deletions from tie marnifies mriginally ordered is 0m someducameas or drawings, by verbal or written change maker. If my such change aliens the amount due or the time of performance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may W any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgms provided put the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion of the gaud and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with expect to my good which are the Sellers smndaN stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to my good delivered hcreunda. 9. CLAIMS FOR ADJUSTMENT. Any claim for udjusbneat mart the asscrcd within thirty (30) dap from the ate the change or tcmdration is oNered. S. COMPLIANCE WITH LAW. The, Seller warms thm all goad sold hereunder shall have been produced, sold, delivered and famishd in snit, compliance with all applicable laws and PaRulmions m which the goods are subject The Seller shall execute and deliver such document as may be required to eRe t or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby irmarmoted herein by Ihis reference. The Seller agrees to indemnify end hold the Porchaser hmmiss from all cosy and damages suffered by the Purchaser m a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign mother, or convey this oNer, or my manic due or to become due herma der without the prior wrinen me. ofthe othar parry. I0. TITLE The Seller wo mns fell, clear and mormuiued title brae PPcbaser far all equipment, materials, and it. famished in performance of Nis agreement fro and clew of my and all liens, mtrictio rs, reservations, security intent encumbrances and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective gooda by a date 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 to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Panthamr and is continuous ofany fia from all liability and claims of any, na am resalrng fro the performance ofsuch work. This sleaze shall apply even in the event of fault of negligeace of the parry relmnel and shall extend to the dommers, oficers and employers ofsuch parry. The Sellers mmractued obligation, including watrenry, shall not b, domed to be reduced, in any way, because such work is performed or caused Io Im pert ed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use tiny design, device, marmul err process covered by letter, petcnr, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from my and all claims fro infringement by rmmn of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Portman for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement or my time during the prosecution ou after the completion of the work. In case said equipment or my pan thereof or the Intended use of the goad, is or such suit held so constitute, Infringement arnd the use of said ryuip ra nt or Fan is enjoined, the Seller shall, at its own experts, and at its option eidaer p ss me for the Purchaser the right to continue using said equipment or parts, replace the same with subsmmially equal but notdaGnging compmenl, or modify it se, it becomes m vivfringing. 15.INSOLVENCY. If rise Seller shall become insolvent m hahiaupq make an assignment for the bmeft of creditors, mission a receiver or resume for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intermarrion of the agreement and the rights of all pries hereunder shall be <onsuued ceder and governed by the laws ofthe Sure ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to pert work heremda, including the smvic n of Seller Reprma n shwa(,), no tie premises ofmthers IT. SELLERS RESPONSIBILITY. The Seller shall cony oa said work at Seller's own risk until the same is fully completed aud accepted, and shall, in use of my accident, destruction or injury as the work and/or materials before Seller's fine[ completion rend acceptance, complete the work at Seller's own expense and to the satisfaction of tie Forebear. When materials and equipment are furnished by others for installation or erection by the Sella, the Seller shall receive, unlood, store and handle same at the site and become responsible therefor as though such materials maker equipment were being finnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers cmmpemanou including occupational disease benefits, as is employees employed on or in connotation with tie work covered by this purchase order, andror to then dependent in acoNance with its, laws of the suite in which the work is to ths done. The Sellar shall also army, comprehensive genml liability mdudwg, but an, Iindted m, conuacmal and amomobile public liability insurance with bWily injury " dath limits of rat least 5300.000 for my tone person, $500,000 for my c accident and property damage limit per accident of S400,000. The Seller shall likewiu require his contractors, if any, to provide for such comprnsation aced insurance. Before my ofthe Sellers or his contractors employees shall do my work upon the premisesof others, the Sella shall famish the Ruchuscr with a certificate Nat such compensation and insurance have been provided. Such ceailcates shall treaty rise date when such compensation and insurance have been provided. Such emificates shall specify tie date when such compensation and insurance expires. The Seller agrees that such compensation and mommoce shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aasuma the entire rapomibility and liability for my end all darnage, loss or injury army kind r unture who[ er to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in mmection haewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchases Pricers, agents and employees from and against my and all claims, henna, damages, charges or estimates, whether direct P indirect, and whether m persons or, property, w which the Porchswr may be put or subject by pawn of my act action, malm , omission or default on the pan offlu, Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers. In case my suit or other proceedings shall be brought against the Purchueq or it officers, agent or employees at my time an account or by resson of my act, action, neglect, omission or default of the Seller of my of his contractors or my of it or their officers, agent m employees as aforesaid, me Seller hereby agrees to assume the defense thereof and to defend the same at Sellers own expense, to pay any and all cast, charges, atmmrys fees and other expenses, any and all judgments that may be incurred by or obtained against On, Purchaser or my of its or their offiars, agents or employees in such suit or other promedings, and in caw judgment or other lien he placed upon or obtained against the property of the purchaser, or said panic in or as a result of such suits or other proceedings, the Seller will at once mine the same to be diswlvd said diuharg l by giving bond or otherwise. The Sella and his covtmnors shall take all safety pacauuoroo, furnish and instill all guard accessary for the prevention of accidents, comply with all laws and regulatiam with regard m safety including, but without limitation, the Occupational Safety and Health An of 1970 and all ales and minimums issued patsumt thereto. Revised 0IR014