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HomeMy WebLinkAbout266437 ENVIROTECH SERVICES INC - PURCHASE ORDER - 9150189Fort Collins Date: 01/12/2015 Vendor: 266437 ENVIROTECH SERVICES INC 910 54TH AVE, STE 230 GREELEY CO 80634 PURCHASE ORDER PO Number Page 9150189 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 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 DEICING MATERIALS 1 LOT LS 260,000.00 per terms and condtions of COOT pricing 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. 2 De-icing Supplies 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 1 LOT LS 40, 000.00 Total $300,000.00 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 1. COM. ERCIALDETAILS. Tax exemptions. By statute the City OfFort Collins is exempt from state and local taxes. Our Exemption Number is 98-N502. 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 3946. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due an defects of damage in interim. may be resumed to you for credit and are raw to be replaced except man receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment In response to this order can result in authorid payment on the pan of the City of Too Collins. However, it is of be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required insyemon procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given m prepay freight and charge sryarmely. the original freight bill must accompany invoice. Additional charges for jackboot will not be accepted_ Shipment Distance. Where manufacturers have distributing points in various pant of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments me made foam greater disaance. Permits. Seller shall procure at sellers role con all necessary, Permits, anificmes and licensors required by ill applicable laws, regulations, ordinances and cola of the ware, municipality, textuary or political subdxision where the work is Performed or required by my other duly conwimted public audenry having jurisdiction over the work of vendor. Seller fuller agrees to held the City of Fort Collins hamdess from and against all liability and loss timed by them by reason of an assmod or established violation of my such laws, regulations, ordinances, mles card requirements. Authimeation. All partes to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions scared herein sel froth and my supplementary or additional terms and conditions opposed hereto or incuryo coed herein by reference. Any additional or differentaereas and conditions proposed by seller are objected to and hereby Mucted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ityou cannot make complete shipment to arrive on your promised delivery date as noted. Time is Of the essmou Delivery and performance most be effected within the time stated on the purchase order and the documents reached hereto. No acts of the Purchasers including, without limitation, acceptance e, partial late an othria, shall operate as a waiver s,f cis provision. In the evmr order eery delay, the Purchaser shall have, in addition a odor legal and mumble remedies, the option damages this order elsewhere and holding n Seller liable for damages. However, the Seller steal not mount liable for damages az a taunt of delays due a causes not reasonably foreseeable which arebeyond its reasonable , fir and sots, fl its faitof emnegligence, such azssid Cud acts ofcivil or military s causing governments] priorities, fires strikes, food. epidemics wars or he tints provided that notice of e ei conditions causing such delay is given n the Purchaser within five deliver, days of the time worm the Seller d e received knowledge thereof In the event of any such delay, de time of delivery shall be extmdm for the period equal to the time actually low by reason of the delay. 3. WARRANTY, The Seller wamnts that of goods. articles, materials and work covered by this order will confmm with applicable drawings, specifmtions, samples maker other desenpirms given, wll be fit for the purposes intended, and performed with fie highest degree create sod competence in accordance sod command! scmduds for work oft similar nature. The Seller agrees to hold we purchaser harmless from my loss, damage or expense which the Pmetwor may sufferer incur on account of the Sellers breach of wa orms, The Seller shall replace, repair or make good, without cost w the purchaser, my defects or faults arising within one (I ) year or within such longer period of four as may be prescribed by law or by the terms of my applicable warrant, provided by the Sel let after the date of acceptance of the goods fumlshm hereunder (acuptmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or sere of goods by the Purchaser shall not r of my claim miler this warrmry. Except as oherwise 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 g wassures. ben 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 IN LI?GAL TERMS. The Purchaser may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes of the terms, other Nan legal name, including additions to or delenms from the quantities originally ordered in the specifications or dewing, by vedat or women change order. If my such change aliens the menus due or we time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. Thc Purchaser may at my time by wrinen change order, terminate cis agreement as to any or all puMrns of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials dm in progress prodded that the Purchaser shell not he liable for my claims for anticipated profits on the uncompleted portico of the goods maker work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No men termination shall relieve the Purchaser or the Seller of any ofthen obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADIUSTMENT. Any claim for adjustment most be asserted within mry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller womanrs that all good sold herewder shall have ban product sold delivered and famished in wain compliance with SI appliable laws and Oklahomans to which the goods are winner The Seller shall execute and deliver such documents as may be required in effect or 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 costs and damages suffered N the Purchaser as a result Of we Sellers failure to comply wrh such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wrinen consent of the other pony. 10 TITLE. The Seller warrants full, clew and constructed die to we Purchaser for all equipment materials, and items burnished in perfomance of his agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrences and claims of others_ 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereef, failure or delay to y rights or remedies provided herein or by law, fnilure to promptly noufy the Seller in the event of a h breaccmy acepmce ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warm sea or obligations of this purchase, order and shall not be deemed a waiver of any right ofthe purchaser to insst upon strict performance hereof or any of its rights or remedies as many such goods, regardless of when shipped, rmeived or accrued. a ro any poor or subsequent ddauh herewder, nor chat] my puryoned new modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reexerice that in actual ecomeme practice, overcharges resulting from titrust violations are in fact home by the Purchaser. Theretoforean , for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser my and all claim it may now have or hereafter acquired under federal or ewe oprmixt laws for such overcharges relining to the particular goods or services purchased or acquired by the Purchaser pursuant no this purchase order. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diners the Seller m correct nonconforming or defective goods by a date of be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness as comply. the Purchaser may cause the work an be performed by the most expeditious mews available to i. and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser wed its convectors of my her from all liability and clams of any nature resulting from the perfaamance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including waterway, shall not be deemed to be reduced, in my way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. %%mesxr the Seller is required to use my deign, device, minimal or process covered by lever, puntt, trademark or copyright, we Seller shal indemnify and save harmless de Purchavm from my and all clans, for infringement by reason of the use of such patented design, device, matenal or process in correction with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pm thereof or the intended use of the goods, is in such suit held to constiture infringement and the use of said equipment or Pan is enjoined, the Seller shall, in its own expense and to its option, either procure for the Purchaser the right to continue using said egwpmrnt or parts, replace the same with substantially equal bur noner flinging equipment, or naady it se, it becomes mninfnnprig. 15. INSOLVENCY. If the Seller shall become insolvent or fonkmp, make an assignment for the bereft of creditors, appoint a receiver or tmwee for my of the Sellers property or business, this order may forthwith be canceled by the Purchase, without liability. 16, GOVERNING LAW. The definitions of ]emu used or the imerpretwon of the agreement and the rights of all parties hereunder shall be cu®vued under and goyemedi by the laws of fie Sore of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. not uding we seances of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until de same is fully completed and accepted, and shall, in case of any accident, destmaton or injury to the work mdkor materials before Sellers final completion and acceptance, complete the work a Seller's own expmse all to de satisfaction of the Purchase, When materials and equipment are furnished by others for installation or erection by de Seller, the Seller Stall receive, unload, store and handle same ar the site and become responsible therefor as though such marmots mdror equipment were being furnished by the Seller tender the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by dis purchase order, anakor to their dependents in accordance with the laws of the state in which de work is to he done. The Seller shall also carry comprehensive gmaral liability including, bur Out limited m, connamu d and automobile public liability informer with bodily injury and dead limits of w least S303,000 for my one person, $500,000 for my one accident and property damage limit per accident of S00.000. The Seller shall likewise require his morticians, if my, to provide for such compensation and insurance. Before my of the Sellers or firs contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eereficares stool specify the date wbm such compensate. and insurance expires. The Seller agrees that such compensation and insurance shall be mointancl unul after we more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to Persons or property caused by or resulting (row we execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdew the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and ell clams, losses, damages, charges or expenses. whether ducer or indirect, and whether to proms or property to which de Purchaser may be put or subject by reason of my act action. neglect omission or default on the pact of the Seller, my of his contractors. or my of the Sellers or convenors officers, agents or employee. In rase my suit or other proceedings shall be brought against we Purchases or its of ivcrs, agents or employees at my time m account or by reason of my act action, neglect, omission or default of we Seller of my of his contra rors or my of its or their officers, agents or employees ses aforesaid, the Seller hereby agrees m assume the defense thereof and in defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and ell judgments war may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained aganst the property of the Purchaser, or sad parties in or as a result of such miu or other proceedings, the Seller will 9 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 guards necessary for the prevention of accidents, romp], with ell laws and ropromm, with regard m safety including, but widmt Iimitnloo, the Oewpommad Safety and Health An of 1970 and all rules and regulations issued pursuant therein. Revised 07/2014