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HomeMy WebLinkAbout104230 CSU ENVIRONMENTAL HEALTH SERVICES - PURCHASE ORDER - 9112439City of �,.Fort Collins Date: 04/28/2011 PURCHASE ORDER PO Number Page 9112439 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 104230 Ship To: WATER UTILITIES CSU ENVIRONMENTAL HEALTH SERVICES CITY OF FORT COLLINS ATTN: DR DOUGLAS A RICE 700 WOOD ST COLORADO STATE UNIVERSITY FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80523-6021 Delivery Date: 04/28/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSULTING SERVICES 2011 FISH BENTHIC BIOS FROG 9m�-� Q. 0'AA;-Q-Q'Je- 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 1 LOT LS 15,921.00 Total $15,921.00 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 I. COMMERCIAL DETAILS. Tax cxcmptions. By sramte 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 84-6000587 is registered with the Collector of Failure of the Purchnscr to insist upon strict performance of the terms and conditions hcrcof, failure or delay to Intermit) Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the rent of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall at be deemed a "ure, of nay right of the damage in transit. may be rcmmed to you for credit and am not to be replaced except upon receipt of written Purchaser to insist upon strict perforrnancc hcreofor any of its rights or remedies as to any such guests, regardless instructions from the City of Fort Collins. of when shipped. received Or accepted, as to any prior or subsequent default hereunder, nor shall any po rnar ed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Iloweem. it is to be understood that FINAL Seller and the Pumhascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violation, arc 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 Freight Terms Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust 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 pummum In this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs 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 therca0er indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. ccnificales and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, m required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller 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, n les 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 said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term.; and conditions annexed berdo or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised 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 herein. No acts of the Nmhawm including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay. the Purchaser shall have, in addition mother legal and equitable remedies, the option ofplacing 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 to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military anthoritics. governmental priorities, fires, strikes, food. epidemics, war, 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 know [edge 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 of the delay. 3. WARRANTY. The Seller warrants that ail good, articles, materials and weak 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 cam and competence in accordance with accepted standard, for work of a similar nature. The Seller agrees to hold the purchaser harmlesss form any loss, damage or expense which the Purchascr may suffer or incur on account of the Sellers breach of 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 warranty provided by the Seller afcr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work time or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this warranty. Except as olhrnvise provided in this purchnse order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach array of the foregoing wmmntics or guarantees, but such liability shall in no event include loss ofpmfits or loss cruse. 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 terms, including additions to or deletions from the quantities originally ordered in the specifications or dwings, by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, morninatc this agreement as to any or all portions of the good then not shipped, subject to any equitable adjusmtcat between the panics as to any work at materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pm0ts on the uncompleted portion critic goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such temmination shall relieve the Purchascr or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hercmnder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamilcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 of the other parry. 10. TITLE. The Seller wai ants full, clear and unrestricted tine to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims fothers. The Seller shall rcicase the Purchascr and its contractors of any tact from all liability and claims of any nature resulting from the performance ofsuch 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 of Bach 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 Seller is required to use any design, device. material or panes; covered by letter. patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmcess in connection with the contract, 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, at any pan thereof 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, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same .with substantially equal but nnninfringing equipment or modify it so it bccomes nnninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankntpt make an assignment for the benefit of creditors, appoint a receiver or ttussce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms exciter the interpretation offl a agreement and the rights ofall panics hereunder shall be construed underend 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.seniccs of Scllcrs Representative(,), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's 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 Seller's final completion and acceptance, complete the work at Sellers men expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by ethers for installation or ermion by the Seller, the Seller shall receive, unload, state and handle .are at the site and become responsible therefnr as though such materials and/or equipment were being furnished by the Scllcrundcr the order. I R. INSURANCE. The Seller .shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or 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 Ira, its of at least S300.000 for any ono poison. S900.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Ilefore any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller ,shall famish the Pumhascr with a ccnificatc that such compenstion and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr 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 Fortuity and all damage. loss or injury ofany kind or panne whal,ocver to persons m pmpeny caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnscr and any r all of the Purchnscr, otfrcrs, agents and employees from and against any and all claims, losses, damages, charges or expenses whether direct or indirect and whether to persnrts or property to which the Purchaser may be put or subject by reason of any act. action, neglect. omission or default on the pan of the Scllcr, anv of his contractors. or any of the Sellers or contractors officers. agents or employees. In ease any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act. action, neglect. omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume life defense thereof and to defend the saute at The Sellers own expense, to pay 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 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 said parties in m 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 othenvisc. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010