HomeMy WebLinkAbout128318 AIR CARE COLORADO - PURCHASE ORDER - 9150293Fort Collins
Date: 01/1412015
PURCHASE ORDER
Vendor: 128318
AIR CARE COLORADO
DBA ENVIROTEST SYSTEMS CORP
5175MARSHALL
ARVADA CO 80002-4628
PO Number Page
9150293 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/14/2015 Buver: DOUG CLAPP
N ote:
Line Description Quantity UOM Unit Price.. Extended
Ordered Price
t Blanket Order
Emission Testing
To cover the cost of gas emissions
tests for City of Fort Collins vehicles
for fiscal year 2015. Cost of each -
emission test is $25.00. Vendor will bill
monthly and incude a breakdown of charges
by vehicle (vin#, plate#, etc.)
Invoice can be emailed to
Ispence@fcgov.com
or can be be mailed to:
City of Fort Collins
Attn: Operation Services
PO Box 580
Fort Collins, CO 80522
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
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
8,525.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9150293 2of3
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
P14
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@fogov.mm
Total
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 3 of 3
1. CONSIERCDV, DETAILS.
Tax exemptions. By same the City of Fort Collins is exempt from state and local toxin. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Canifcare of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1473, Chapter 39-26, 114 (a).
Goods Related, GOODS REJECTED due to failure to meal specifications, either when shipped or due I. defects of
damage in transit, may be returned to you for con it and are not to he replaced except upon receipt of written
instructions! the City of Fart Collim.
Inspection. GOODS are subjal to me City affair Collins impaction on an icaL
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
audwriand payment on the pan of the City of Fort Collim. However, it is to be understood fa FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must b, F.O.B., City of Fan Collins, 700 Wood St, Too Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice Additional charges for packing will not be accepted.
Shipment Discrow, Where manufacturers have distributing points in various pas of the coo.rry, shipment is
expected from the nearest distribution in, ro desfarion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Famous. Seller shall Immune at sellers sole cost all necessary gamins, cenlficates and licenses Banned by all
applicable laws, regulations, ordinances and rules of the state, municipality, temtory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Pon Cal has harmless from and against all liability and loss
Burred by them by rennin of an asserted or established violation of any such laws, regulations, oNiasuces, rules
and requirements.
Andmriraman. All pales to this contact agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said games.
LIMITATION OF TERMS, This Purchase Order expressly limits aaptionce to the terns and conditions sorted
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tames and conditions proposed by seller are objected to and hereby rjttted.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot make ammphne shipan m to man, oa your
promised delivery date as noted Pima is of the essena. Delivery and pert rmana must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver offis provision. In the event ofay delay,
the Purchaser shall have, in addition to other legal and ali iable remakes, the option of placing this .,it, elsewhere
and holding the Seller liable for damages. However, the Sella shall not be, liable for damages as a result of delays
due to couses not reasonably foreseeable which art beyond its reasonable control and without its fault ofeegligence,
such acts of God, mus ofcivil or military authorities, governmental prlonries, fires, wages, flood, epidemics, wars or
Hots provided that notice of the condimions causing such delay is given to the Purchaer within five (5) days of the
time when the Seller first raeived financial thereof. In the went of any such delay, the date of delivery shall be
extended for the period 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, spal&mions, samples and/or other descnplimss given, will be fit for fe proposes intended, and
Performed with the highest degree of are and competence in accordance with accepted standards for work of a
similar mature. The Seller agrtcs to hold fe purchaser hound. fmm any loss, damage or expense, which the
Puehaser may sufferer incur on account of fe Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults turning within one (1) year or within such longer period of
time m may be prescribed by law or by the terns of any applicable summary provided by the Seller after fr, date of
rs,fic m of the goods famished hereunder (acceptance not to be unreosoably delayed), resulting fin. imperfect
or defective wort done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase oMe,, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waranties
or guarantees, but such liability shall in no went 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 terns by wairen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the rear, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change off,,, the amoaot due ar the Lima cf,af smaneo hereunder, an ariaduc adjustment shall be made.
6. 1 EWNATIONS.
The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all po.a— of the
goods then not shipped, subject o any ex Pimple adjustment between the panics as to any work or materals then in
progress provided thin the Pmchmmr shall not be liable for any claims for anticipated pmNs on the uncompleted
portion of the good wagon work, for incidental or counteraction damages, and that not such adjustment ho made in
(roar of the Seller with respect to any goad which ate the Sellers standard stock. No such termiwuon shall relieve
the Purchaser or the Sella army of their obligations as to any good delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or rumination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws turd minimums to which The, good are subject. The Seller shall amme and
deliver such documents as may be required to effect or eviala , compliance. All laws and regulations required to h
incorporated in agreements of this chmmour art hereby inamorata herein by this ceramist. The Seller agrees to
indemnify and hold due Purchaser hamless from all cogs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent afthe other party.
10. TITLE.
The Seller xartanty full, item and unrestricted tide m the Purchaser for all ca uipment, materiah, and it. furnished
in performance of this agreement, fromand clear of any and all liens, moncrions, reservations, seance,interest
mcumbrences and claims ofother,
11. NONWANER.
Failure of the Purchaser to insist upon strict perfnfi ance of the terms and ambitious hereof, failure or delay to
exercise 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 forgo.& hereunder tor ...ravel office design, shall nor release the Seller of
any of the warranties or obligations of this purchase .,it,, and shall not be deemed a waiver of any right of the
purchaser to insist upon under perfoumame herador any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
mail modification or rescission of this Purchase, under by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and flow Purchaser asm,gia, that w actual tt is ptice, overcharges ..fit, fmm antimut
violations are in fact home by the Pwchawr. Theretofore, far rac
good cause and - consideration for executing This
purchase oMe,, the Seller hereby assigns to the Purchaser any and all claims it may raw have or hereafter
acquired order federal or state antitrust laws for such overcharges relating to the particular goods or services
pundused or acquired by the Purchaser pursuant no this purchase order.
Li. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Pan claw r directs the Seller to correct nonconforming or defective goods by a dare 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 bar performed by the most expeditious means available to it. and the Sella shall pay all
costs asmciared with such work.
The Sella shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nattue
insulting from fe performance crunch 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 ofsuch pain.
The Sellers contmrnul obligations, including warranty, shall not to do mul to be induced, in any way, became,
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to we any design, device, material or process covered by letter, patent, Trademark
or copyright the Seller shall indemnify and save latmless the Purchaser from any and all claims for InGngeme d
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchase, far any cost expense or damage which it may be, obliged a pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said q risen r, or
any pan guitar or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, fc Seller shall, at its man expense and at its option, either procure for the
Purchaser the right to continue using said alarming or pans, replace the same with subsratially equal but
monitoring equipment, or modify it so it becomes nawrfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankmpt, make an assignment for the beret of creditors, appoint o
receiver or rcustee for any of the Sellers property or business, this order may forthwith be canceler by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construes under and governed by the lavers offs, Stare ofColorw o, USA.
The following Additional Conditions apply only in cases where the Sella is to pert work hereunder,
including the servim of Sellers Repreunmtive(s), on the premises of alders.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the sane is Polly completed and accepted, and shall,
in case of any accident, destruction or injury to fe work andtor materials before Sellers final completion and
eccptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, thc Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being fmn¢hed by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expemte, pmside for the payment of workers compensation, including numproa al
disease benefits, as its employers employed an or in commcelian with the work covered by this purchase ruder,
and/or to their dependents in accordance with due laws of the state in which the work is to Ix done. The Seller
shall also carry comprehensive geneal liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at Iact 5300,000 for any one person, S500,000 for any
one accident and property manage re limit per accident of $400,000, The Seller shall likewise quire his
contractors, if any, to provide fir such compensation and insurance. Before any of the Sellers or his contractors
emplayas shall do any work upon the premise of others, the Seller shall famish fe Purchaser with a certificate
Clow such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such ceni0cata shall specify the date when such compensation
and insurance expires. The Seller agrees that such campeasmam and insurance shall be maintained onfil eRa the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofary kind
or nature wit boever to Persons or property caused by or resulting from the execution offl a work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold han le. the Pambma and any
r all of the Pumhrsers officers, agents and employes from and against any end all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or propany to which the Purchaser may
be, put or subject by reason of any act, action, raglan, omission or default on the pan of the Sella, any of has
contactors, or any of the Sellers or contractor, officers, agents or employees. In case any suit or offer
proachims shall be, brought against the Purchase, or its .Beers, agents or employers at my time ao account or
by reaon of may act action, neglect, omission or default of the Seller of my of has contractors or any of its m
their officers, tugeam or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pry any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or emplayees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result clinch suits or other proceaings,
flue Seller will at once cause the some as be dissolves and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety praautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard in safety including, but without limitatioq the
Occupational Safety and Heal! Act of 1990 and al I rules and regulations icsua pursuant fereto.
Revised 0IQ014