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HomeMy WebLinkAbout129312 REIS ENVIRONMENTAL INC - PURCHASE ORDER - 9151126 (2)City of �,.F,.�ort Collins PURCHASE ORDER PO Number Page 9151126 1of2 This number must appear on all invoices, packing slips labels. Date: 0212312015 Vendor: 129312 Ship To: POUDRE FIRE AUTHORITY - AD REIS ENVIRONMENTAL INC 102 REMINGTON 5720 HOLLY ST FORT COLLINS CO 80524 COMMERCE CITY CO 80022 Delivery Date: 02/23/2015 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 3 Addendum to PO 9151126 1 LOT EA 8,292.00 K1000 HRXR Kit -ADDITION 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 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. In exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (ReE Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tromii, may be returned to you fen credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the rrremhandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is ran be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Team- Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on awarder. Upermission is givento prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges fa packing will rat be accepted - Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes .ad requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and posses full and complete authority W bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set forth and any supplementary or additional teams and conditions annexed hereto or incorporated herein by reference. Any additional in different teams and conditions proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and Performance 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 of partial late deliveries, shall operate as a waiver 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 cat be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella that received knowledge thaccE In the event 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, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fa work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on watch of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within am (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not W be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall tut romtitute a waiver of any claim under this warranty. 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 in guarantees, but such liability shall in an 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 cosy make changes to legal terms by written change under. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other Aran legal tams, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change coda. If any such change affects the amount due or the tine of performance baeunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m W 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 progress provided that the Purchaser shall not be liable fa any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be trade in favor of the Seller with respect W my goods which are the Sellers standard stock. No such termination shall relieve the Puuchma or the Sella of my of their obligations as W any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants flat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliva such documents as nay be required to 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 Sella agrees to indemnify and hold tic Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such I.. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due heremder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title W 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 clahns of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, faihnre W promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as W any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral 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 recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller W cound raneonf r ming in defective goods 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 Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the perfomance of such work. This release shall apply even in the event of fault of negligence of the Party released and shall extend to the directors, officers and employees of sucb party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save hamnles the Purchaser Gom any and all claims for infringement by reason of the use of such patented design, device, material or process in contraction with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or after the completion of the work In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procme for the Pumhasa the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver in trustee for any of the Sellers property in business, this order may forthwith 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 all parties hadindia shall be construed under and governed 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 Sellers Representative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Setters own expense and W the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or election by the Seller, the Sella shall receive, unload, store and handle same at the she and become responsble therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers rompenaation, including occupational disease benefits, W its employees employed on a in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 fa any toe person, $500,000 for any race accident and property damage limit per accident of $400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employces shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insumnce have been provided. Such certificates shall specify the dale when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever W persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchasa and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the part of the Sella, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against One Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees m aforesaid, the Sella hereby agrees W assume the defense thereof and W defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid parties 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 in otherwise. The Seller and his contractors shall take all safety precarious, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without thowiioq the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 07/2014