HomeMy WebLinkAbout548831 LANDTEC NORTH AMERICA INC - PURCHASE ORDER - 9147013Fort Collins
Date: 0112612015
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: 01/26/2015 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Freight
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.com
94.91
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 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By staWle the City of Fort Collins 6 exempt fmm stare and local taxes. Our Exemption Numbef is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certfficare of Registry M-6000587 is registered with the Collcend of
Failure of the purch'aer fin insist upon strict performance of the terns and condition hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a).
exercise any rights or amedics provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofdhe design, shall not miase the Seller of
Goods Rejected. GOODS REJECTED due to failure to men specificatons, either when shipped or due to definers of
my of the warranties or obligation of this purchase order and shall nor be deemed a waiver of my nght of the
damage in mamil. may be, resumed to you for credit and are nor to be replaced except upon receipt of window
purchaser to mean upon saran performance hereofor eery of its rights or remedies as to any such goods, regardless
instructions firm the City of For Collins.
of what shipped, received or accepted, as to any prior tor subsequent default hereunder, nor shall any parponedi
oar modification or rescission of this purchase order by the Purchaser operate as a waiver of any of foe reran
Inspection. GOODS ore subject m the City of Fort Collins inspection on added.
hereof
Final Acceptance Receipt of the merchandise, services or rquiparmt in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aurhonud payment on the part of the City of Ent Collins. However, it is to be understood that FINAL
Sella and foe Puehamr recognixe that in grand economic practice, overcharges resulting foodvmmm a
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures,
violations are in fact home by the Prodand. Theretofore, for good sus, and as exmideation for executing this
purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter
Freight Tents. Shipments mml be F.OB., City of Fort Collins, 700 Wood St., Fair Collins, CO 80522. unless
acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services
Otherwise specified oa this order. if,rnuxsion is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser purmanr to this purchase order.
bit muss warmanv invoice. Additional chances fir making will not be aceeoted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected frum the invest distribution point to destimtim, and excess freight will be deducted I'mm Invoice when
shipments are made from greater disarec.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenificda and licenses required by all
applicable laws, regulations, odinurean and rules o'the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly oontimred public authority having jurisdiction over the work
of vendor. Seller funkier agrees m hold the City of Fort Collin hermlecs fmm and against all liability and loos
incurred by them by reason of an assented or established violation of any such laws, regulations, odd moues, roles
and requirements.
Authonvtion. All panics Io this contract agree for the Miasmatic. art, in fist, hmer fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits accepana W the hems and conditions sand
herein set with and any supplementary or additional terms and conditions annexed hereto or incoryoaad herein by
reference. Any additional or thBercm laws it marwas proposed by sells art objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam is noted. Time is of the essence. Delivery and performance most be i fared within the time
sated on the purchase order and the documents amerhd hereto. No was of the Purchasers including, without
the Purchaser
e, in ai d Ime deliveries, shall d equitable
bl n waiver of this provision. In ng tevent ofany delay,
the Purchaser shall have, in addition to other legal and a Sell le remedies, the option of placing this order elsewhere
and hecause the Seller liable for damages However, the Solder shall not be liable for damages as a result of delays
due ut causes not act, fey foreseeable which are beyond its reasonable control and strikes,
without its auh of negligence,
such acts ofGoh, ads nonce
Of t e military n, causing
g such
priorities, Tres, strikes, tad, epidemics, warshe
or
time when the
that notice Of the edknowle c e La such delay is given to the Purchaser within five delivery
days of the
Time when the Seller d eq receive) knowledge folost b In the event of my such delay, the darn of delivery shall be
extended for the period equal to the time actually lost by reason often delay.
d. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fil fir for purposes intended and
Performed with the highs. degree of care and competence in accordance with acoepted sandards for work of a
miar wature. The Sell. agrees or hold the purchaser harmless from any on. damage ar expene which the
Puehaur may suffer or incur on arcoum of the Sellers breach c fworranry. The Seller shall replace, repair or make
good, wihom cost to the purchaser, any defects or faults arising within one (1) yea or within such longer period of
time as may M presrnhd by law or by the terns Of any applicable wart provided by foe Seller aftw the date of
acceptance of the goods ( ishd hereunder (werpance not to be umrawvbly delayed), resulting fmm imperfect
or defective work done or materials fumshd by the Seller. Acceptance or use of goods by the Puehaur shall not
mstiNte a waiver ofany claim under this waranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder, shall extend to ell damages proximately caused by the breach ofany of the foregoing warranties
or guarantees, but such liability shell 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 Puehmer may make changes to legal terms by ontow change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser miry make any changes to the terms, other than legal corms, including additions m or deichme, from
the gmnflis, originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfamtence hereunder, an equitable adjustment shall be male.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change wart, terminate this agmrment as to any or all ponimen of the
goods then not shipped, subject to any equitable adjustment between the punier as to may work or materials then in
progress provided that the Purchaser shell nod be liable for any claims for anticipated profits on the uncompleted
portion of the goods ardor work, for incidend or consequential damages. and trial no such Austrian be made in
favor of the Sell. with respect Ira any goads which we foe Sellers standard stack. No such temtintlon shall elieva
the Purchaser a the Seller ofany of their obligstions m to any goals delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for djmfment matt be reamed within thins (30) days fro the date the, change or ermination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller.. that all goods sold hereunder shall have been produced, said, delivered and bounded in stria
omplimor with all applicable laws and regulations at which the gooL are still The Seller shall execute and
deliver such documents us may be required m effect or evidence Camphence. All laws and regulation required to Ix
incorporated in agreements of this character are hereby incoryomred herein by this reference. The Seller agrees to
indemnify and hold rate Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this Oda, or any monies due or to become due hereunder without the
prior written convent of the other I.Y.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materials, and items famished
in perfnmance of this agreement, free and clear of any and all laax, restrictions, eservations, said, interest
encumbrances and calms archers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI'IONS.
If the Forebode, directs the Seller to correct nonconfmming or defective goods by a date to be agreed upon by the
Purehaser and the Seller, end the Seller Ihermter 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 Seller shall pay all
costs associated with such work.
The Sella shall release the Purchaser and its contractors of my tier from all liability and claims of my witure
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the may, rele d and shall extend to the
directors, officers and employers ofsuch pray.
The Settees annual obligation, including warranty, shall not be deemed m be reduced, in any way, because
such work is performed or auxd to ac performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or prove. covered by Inner, patent, trademark
r copyright, the Sella shall indemnify and save harmless the Purchaser firms any and all claims for inGnSemmt
by reason of the use of such patented design, device, material or process in connection with the canton, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended we of the goods. is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, at Its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfnnging equipment, or codify, it m it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or h:mkmpe, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
purchased without liability.
16. GOVERNING LAW.
The definitions ofternes used or the interpretation of the agreement and the rights afall parties hereunder shall be
carshued undo and gavemed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellrr Repasraative(s), on the premises ofathers.
I). SELLERS RESPONSIBILITY.
The Seller shall any on said work at Seller's own risk until the same is rally completed and accepted, and shall,
in casc of any accident destruction or injury to the work andlor rwlaias before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and ex,opmem ate fumshed by others fro installation m erection by the Seller, the Sella shall receive, unload,
sbre and Image same at the site and become rmponible therefor as though such maenals andlor equipment
were being fished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compemmion, including occupational
disease benefits, to its employees employed an or in connection with the work covered by this purchase order,
andior to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller
shall .1. carry camprehensive general liability including, but not limited to, contractual and automobile public
liability imm..nce with bodily injury and death limits or at Iemt S300,WU for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
ontracmq of any, to provide for such compensation and insurance. Before any wf the Sellers or his contractors
employees shall do any work upon the paradises orchids, the Seller shall banish the Purchaser with a certificate
that such aspersed. and insurance have been providd. Such certificates shall specify the date when such
ompensation and insurance have been provided. Such cenificdes shall specify the date what such compensation
and in rmance expires. The Seiler aged that such compensation and insurance shall be maintained until after far
entire w'e& is complete and aeceptre.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility ad liability for any and all damage, loss or injury of any kind
r rater, whose ver to persons or property caused by or resulting frown rate execution ofthe work provided for in
this purchase oiler or. mnnrrum herewith. The Seller will indemnify and held harmless the Purchaser and any
or of of the purchasers officers, agma ad employees from and again any and all claims, lasses, damagea,
charges or expenses. whether direct or indirect, and whether as perswns or property, or which the Purchaser nay
IN Out or majecr, by reason of any net, action, n,derd. omission or default on the part of the Seller, any of his
coauactors, or any of the Sellers ad contractors uRces, agents or employes. In cue any suit or othd
forebodings shall be brought against the Funchal or its officers, agents in employees at any time on account or
by mason of eery ul, action, neglect, omission or default of the Seller of any of his comramrs or eery of its or
thew officers, agents or employees as aforesaid, for Sella hereby agrees m assume the del thereof and Iw
defend the same at the Sellers own expense, to pay any and all costs, changes, anomrys Ices and mind expereses,
any and all judgments that may be incurred by or obtained against the Purchaser of any of its or their officers,
agents of employees in such mix ter other proceedings, and in case judgment or after lam he placed upon or
obtained against the propdy of the Paternal or said panics 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 otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of
ccidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 07M14