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HomeMy WebLinkAbout129312 REIS ENVIRONMENTAL INC - PURCHASE ORDER - 3215258PURCHASE ORDER PO Number Page �'.It�/ of PURCHASE 15258 t of z F6r} Collins( on all invoices, pacst king /�„�"`V`I ` V " on all invoices, packing �sllps and labels. Date: 01/12/2015 Vendor: 129312 Ship To: WATER UTILITIES REIS ENVIRONMENTAL INC CITY OF FORT COLLINS 5720 HOLLY ST 700 WOOD ST COMMERCE CITY CO 80022 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order 1 LOT LS 4,000.00 Envir. & emergency products 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 $4,000.00 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 2of2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6(s)(687 is registered with the Collector of Fandure of the Purchaser to most upon strict performance of the terms and conditions hereof, falme or delay to Internal Revenue, Denver, Colorado (Re. Colorado Revised Statutes 1973, Chimer 39-26. Ili (a). exercise any rights or remedies provided herein or by law, falure to promptly nodfy the Sella in the event of a breach, the acceptance .for payment for goods accurate, or approval of the design, shall not release the Seller of Goad Rejected. GOODS REJECTED due to failure to meet ocificatiom, either whin shipped or due to defem of any of the wa eanties or obligations ofthis purchase order and shell not be deemed a waiver of any right offer, damage in transit, may he resumed to you for credit and are not to be replaced except upon receipt of wonder purchaser to insist upon strict performance hereof or any of its rights or remarries as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waver a any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hermE Final Acceptarce Receipt of the merchandise, se a or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. minomext payment on the pan of the City of Fon Collins. However, it is to he understood that FINAL Seller and the Purchaser raognim that in actual economic practice, overcharges restating from anemast ACCEPTANCE is dependent upon complee.rh.fall applicable no,cred inspection procedures violations are in fact Some by the Purchaser, Theretofore, for 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 hereafter Freight Terns. Shipments must he FO. B., City of Fon Collins, IN Wood St. Fon Collins, CO 80522, unless acquired under federal or state mtitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser persuanuo this purchase order. bill must accompany Invoice. Additional charges for packing well not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing prides is various parts of the country, shipment is If the Purchaser duccis the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipments are made from greater divan«. may cause the work to the performed by the most exper ieous means available to it, and the Seller shall pay all costs associated with sent work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcares and licenses required by all applicable jaws, regulations, ordinances and mles of the stare, municipality, century or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work noodling from the performance of such work. of vendor. Seller Ember agrees to hold rue City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an examed or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the parry, released and shall extend to the and rryuiremmts dirxmrs, olficm and erroloyea ofauch panic. Auth.rieation. All parties to this contract agree that the expraentemiva are, in fact bona fide and possess full and The Sellers contractual obligations, including warrants, shall not be deemed to be reduced, in any way, because complete content, to bind said panics such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Toed and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to active on your promised delivery date as noted. Time is of the esame, Delivery and performance most be effected within the time stared on she purchase order and the documents reached hereto. No acs of the Purchasers including, without limitation, acceptance of pmid late deliveries, shall operant as a waver of this provision. In the event of any delay, the Purchaser shall 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 as a result of delays due a causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence, such aces of God, acts of civil or military autMnea, governments] priontia, lira, strikes, flood epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the occur of any such delay, the date of delivery shall be extended for the pence equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ember other descriptions given, will be fil for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar name. The Seller agfea to hold the punchuen harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Seller breach of warranty. The Seller shall replace, repair or make good without cost m the purchaser, my defects or faults arising within one (I) year or within such longer period of time az may be prescribed by law or by the terms of my applicable wananty provided by the Seller after the time of acceptance of the goods famished hereunder (acceptance not to be mreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or tese or goods by the Purchaser shall not commum a waver of my clam under this wananry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages prove moely caused by the breach of my of the foregoing wnnmries or Resources. 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 LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other alum legal teints, including additions to or deletions from the quern es originally ordered in the specifications or drawings, by verbal or wnden change order. If my such change affects the amoral due or the time e(Perfomhmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdnen change order, terminate this agreement as to my or all portions a the good then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Parchuer shall not be liable for my claims for anticipated profirs on the uncompleted portion of the good moor work, for incidental or consequential damage, and that no such adjusment be made in favor of the Seller with respect to my goods wtrich are the Sellers sundarl stock. No such termination shall relieve she Purchaser or the Seller of any of their obligations as to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any clam for adjustment must he assened within thirty (30) days from the time the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrmts then all good sold hereunder shall have bem produced, sold, delivered and famished in secret compliance with all applicable laws and regulations to 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 reguarea s required to be ncorporeased in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from 91 costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGI .. NrT. Neither parry shall assign, transfer, or convey this order, or my moan due ore to became due hereunder without the prior winds. consent of the order party, 10. TTTLE. The Seller wmants full, clear and unrestricted are to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and clams of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save bound. the Purchaser from any and all clans for infringement by reason of the use of such pointed design, device, rwenal or process in correction with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by reason of such refrngement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to contrite infrngement 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 Purchaser the right to continue using said equipmenl or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes comnf rripng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers reopen or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of ell sources hereunder shall be construed under and govemed by the laws of the Sue of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work bereundeq including the services of Sellers Representarive(s). on the premises afotbers. IT. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my arcident, destruction or injury to the work worker nationals before Selmer final completion and acceptance, complete the .,it in Sellers awn expense and as the satisfaction of the Purchae, When materials and equipment are famished by ohm for instillation or question by the Seller, the Seller shall receive, unload, some and handle same V the site and became responsible therefor as though such memorials md/or merriment were being famished by the Seller order the order, Igo INSURANCE. The Seller shall, a his own expense, provide for the payment of workers compensation, including occupational disease benefits, a its employees employed on or in connection wa the work covered by this purchase order, amber so their dependents in accordance with the laws of the scale in which the work is to be, done. The Seller shall also carry comprehensive Second liability including, but not limited ra, contra seal and automobile public liability commerce with bodily injury and death limits of at lutt fJtp,00ll for any one person. SSWAI0o for any one accident and property damage limit Per accident of S400,000. The Seller shall likewise nature his contractor, if any, to provide for such compensation and insurance. Before my of the Sellers or his 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 shill specify the date when such compensation and insurance have been provided. Such cereficams shall specify the date whin such compensation and insurance expires. The Seller agrees that such wmpemamon and insurance shall be maintained reel after the more work is exmpined and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire repouibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused 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 harmless the Purchaser and any or all of the Purchasers officers, ogees and employees from and agamt my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to summer or propecry 0 which the Purchaser may be pm or subject by reason of my on, action neglest, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or occurrence, officars, agents or employees. In sex my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in my time can account or by reason of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expires, to pay my and all casts, charges, adomeys fees and other expenses, my and all judgments that 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 cue judgment or other Inch be placed upon or obtained against the praimsy of the Purchaser, or sad Pectia in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or o bervaise. The Seller and his contractors shall take ell safety precautions, furnish and install ell guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupations] Safety and Health Act of 1990 and all rules and regulations issued pursuant thericto. Revised 07/2014