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HomeMy WebLinkAbout117234 DEPARTMENT OF THE INTERIOR USGS - PURCHASE ORDER - 9111327PURCHASE ORDER PO Number Page City Of 9111327 1 of z `t Collins This number must appear on all invoices, packing sli s and labels. Date: 03/02/2011 Vendor: 117234 Ship To: POLLUTION CONTROL LAB DEPARTMENT OF THE INTERIOR USGS CITY OF FORT COLLINS US GEOLOGICAL SURVEY -JOINT FUNDING AG 3036 ENVIRONMENTAL DRIVE BOX 25046 MAIL STOP 415 FORT COLLINS Colorado 80525 DENVER Colorado 80225-0046 Delivery Date: 03/02/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2011 ANNUAL AGREEMENT 1 LOT LS 46,000.00 2ND/3RD/4TH QUTR 2010 WTR YR 2 2011 ANNUAL AGREEMENT 1 LOT LS 22,940.00 2ND/3RD/4TH QUTR 2010 WTR YR Total $68,940.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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. CONIh1ERCIALDETAILS. Tax esemptions. By statute the City of Fen Collins is exempt form state and local taxes. Our Exemption Number is 98401502. Federal Excise Tax Exemption Certificate of Registry R4-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. 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 transit, may be returned In you for credit and arc not to be replaced except open receipt of written instructions from the City of Fort Collins. Impeetion. GOODS arc subject to the City of Fort Collins inspection on arrival. 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, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder cr 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 any right of the purchaser to insist upon strict perfnmtnn e, hereof or any of its rights or remedies is In any such goods, regardless of when shipped, received or accepted, is to any prior or subsequent dcfaull hereunder, nor shall any purported oral modification Or reseissina of this purchase order by the Purchaser operate as a waiver of any Of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorized pivment on the part of the City of Too Collins. Ilowcver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofom, for good cruse and as consideration for exenning this purchase order. the Seller herby assign, In the Purchnscr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N.. City of Four Collins, 7W Wood St_ Too Collin,. CO 80522. unless acquired under federal or state antitrust laces for such overcharges relating to the punlcular grads or services otimmisespecified on this order. If pennission is given to prepay (reign and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for picking will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point, in vanau, pans of the country, shipment is Him Purchaser directs the Seller to correct mn¢onfotming or defective goods bya 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 to comply, the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditious means available to it. and the Seiler shall pay all ,,is associated with such work. Permits. Seiler shall procure at sellers sale cost all necessary Permits. cci ificams and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is Mfarmed, or required by any mhcr duly constituted public authority having jurisdiction over the work of vendor. Seiler 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 Imes, regulations, ordinances. roles and requirements, Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions propesed by.wller arc objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfnmuanec must be effected within the time stated on the purchase order and the documents artahed hereto. No acts of the Purchasers including, without limitation. acceptance ofpmr ial late deliveries, shall operate as i waiver of this prevision. In the event nfany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option if placing this Order elsewhere and holding the Seller liable for damages, However, the Seller shall not be liuhlc for damages as a result of delays duo to causes not reasonably foreseeable which arc beyond its reasonable enatml and without its fault ofnegliecare, such acts ofGod, acts ofcivil or military authorities, governmental priorities, fires, strikes. flood, 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 Seller first received knowledge thereof 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 ofthe delay. J. WARRANTY. The Seller warrants that all goods articles, materials and work covered by this order will confomn with applicable drawings, specifications, samples and/or other descriptions given, will he fit far the purposes intended, and performed with the highest degree of cart and compelcncc in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purehascr harmless from any loss damage or expense which the Purchaser may suffer or incur on account of the Scllers breach .(warranty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wmmnty provided by the Seller a0er the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gods by the Purchaser shall not constitute a waiver ofam' claim under this warranty. Except as otherwise, provided in this purchase order, the Scllcrs liability hereunder shall extend in all damages preximatcly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profit 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 than legal term, including additions to or deletions firm the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such change affect the amount due or the time ofperformancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in pmgrcss pmvidd that the Purehawr shall not be liable for 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 made in favor of the Seller with respect In any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller w'am.nts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulminns to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Ines and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Form all cost and damages sifficted by the Purchaser as a result of the Seller' failure to comply with such Imo. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Order. Or any frames due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all cqu ipment mmcrin Is, and items Furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier Form all liability and claims of any nature resulting hum the performance 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. ORecrs and employees ofsuch party. The Scllers contractual obligations, including w'armnty, 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. NVIo never the Seller is required to use any design, device, material or process covered by letter, patent, molemurk Or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such pntentM design, device, material or process in connection with the contract. and shall indenmify the Purchaser for any cast, expense or danmge which it may he obliged to ryry by reason 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 tine goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for tine Purchaser the right to continue using said equipnicnnt or parts, replace the snore with substantially cquml but neninfringing cquimmmt or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make in assignment for the benefit of creditors, appoint a receiver or tauter for any of the Sellers property of business, this order may forthwith be canceled by the prod hnscr without liability. 16. GOVERNING LAW. The definitions oftemx used or the interpretation ofilw agreement and the rights ofall panics hereunder shall be constmd under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases %%here the Seller is to perform work hereunder. including the services of Scllcrs Represcntmive(s), on the prctnises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellcr*s men risk until the same is filly completed and accepted, and shall. in case of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seiler's own cxpcnsc and m the satisL,uion of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, naload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were bring furnished by the Seller under the order. IR. INSURANCE. The Seller shall. at his awn cxpcnsc. pre, do for the payment of %corkers compensation, including oceupatinnel disease benefits, to it employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also easy comprchcnsi%e general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. 5500,000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do nny work upon the premises of other. the Seller shall hwrish the Purchaser with a ccnifiwte that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr igrecs that such compensation and insurance shall he maintained until n0er 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. Ions or injury of any kind or nature whatsoever to persons or property caused by or residing from the cxceution ofthe %cork pm%ided for in this purchase order or in connection hemp-ith. I'he Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offers, agent and employees from and against any and all claims, losses. damages, charges or expenses whether direct or indirect, and whether to persons or property in which the Purchaser may be put or subject by reason of any act action, neglect omission or defmdl on the Part of the Scllcr, any of his contractors. or any of the Scllers or contractors offerers, agents err employees. In case any suit or other proceedings shall be brought against the Purchaser, at its officers. agents or employees it any time On account or by reason of any act. action, neglect, omission or dcfamlt of the Seller of am' of his contractors Or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees In assume die defense thereof and to defend the some m the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments tom may be incurred by or obtained against the Purchaser or any of its or their effects, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in m as a result of tnuch suits or other proceedings. the Seller will at once cause rlie sonic to he dissolved and discharged by giving bond or othenviw. The Sciler and his contractors shall take all safety precautions. furnish and install ill guards ncecssury for the prevention of accidents, comply with all laws and regulations with regi d m safer) including, but without limitation, the Occupational Safcty and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 032010