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HomeMy WebLinkAbout124536 DOUGLAS A RICE - PURCHASE ORDER - 9112441PURCHASE ORDER PO Number Page City Of 9112441 1 of z `} Collins ins This number must appear {, on all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 124536 Ship To: WATER UTILITIES DOUGLAS A RICE CITY OF FORT COLLINS 980 DEER MEADOW WAY 700 WOOD ST LIVERMORE Colorado 80536-9527 FORT COLLINS Colorado 80521 Delivery Date: 04/28/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price CONSULTING SERVICES 1 LOT LS 8,250.00 2011 FISH BENTHIC BIOS STUDY Total $8,250.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 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 mcct specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City effect Collins. Inspection. GOODS are 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 herceL failure or delay to exercise any rights or remedies provided hcmin or by Inv, failure to promptly notify the Seller in the cc car of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 performance hereofor 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 purpodcd oral nmdification or rescission of this purchnse order by the Pumhascr 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 ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchase[ 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 noon have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 90522, 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 Purehascr pursuant to this purchase order. hill must accompany invoice Additional charges for packing will not be accepted. Shipman 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 front Invoice when shipments arc made from greater distance. Pantile Seller shall procum at sellers sole cost 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 having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from mot against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the repeasenutmcs arc, in fact, bona fide and posses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expresly limits acceptance to the terms and conditions stated herein set fenh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by Seller am 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 ofthc cscnce. 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 ofpartial 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 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 authorities governmental priorities. fires. strikes, ❑ood, epidemics. woos 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 Ion 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 perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhawr may suffer or incur on account of the Sellers breach ofwurranty. The Seiler 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 ofany applicable warranty provided by the Seller after the date of acceptance of the Roods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or dcfcelivc work done or math famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warmnry. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but Such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 on,molly ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hacunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhawr 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 progress provided that the Pumhaser 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 to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any 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 goods sold hereunder shall have been produced, sold, delivered and Pomislu d in Strict compliance with all applicable laws and regulations to which the goods 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 basin by this reference. The Seller agrees to indemnify and hold the Pumhaser harmless from all costs and damages suffered by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncilher party, shall assign transfer, or convey this oncr, or any monies due or to become due hereunder without the prior written consent of the other parry. I0. TITLE. The Set let warrants full, clear and unrestricted title 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 encumhmnee, and claims of others. 13. PURCIIASERS PERFORMANCE OF SFLI.ERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thematic, indicates its inability or unwillingness to comply, the Purchaser cony cause the work to be performed by the nmst expeditious means available to it, and the Seller shall pay all cost associated with such work. The Seller Shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This rcic.,c shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oIBcers and employees ofsuch party. The Scllcr', 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 Purehascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indcnmify and Save harmless the Purehascr from any and all claims for infringement by reason of the use of Such patented design. device, material or process in connection with the contract, and shall indcnmify the Purchaser fnr any cost. expense or damnge which it may be obliged to pay by reason of such infringement at any lime during the prosecution or after the completion of the work. In case said equipment, or 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 proves for the Purchaser the right to continue using Said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or banknhpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or 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 ofall panics hereunder shall be con,oned under and governed by the laws of the Store of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representalive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seiler shall tarty 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or encetion by the Seller, the Seller shall receive. unload, store and handle Some at the site and become responsible therefor as though such material, and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, m hi, own expense. prnvidc for the payment ofworkem compensation, including occupational disease bericlus, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance will, the laws of the state in which the work is to he done. The Seller .droll also carry comprehensive general liability including, but not limited in, contractual and mnmmubile public liability insurance with brxlily injury and death limits of at Icnst S300,000 for any one person, $500,000 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. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate 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 insumnee expires. The Seller agrees that such compensation and insurance shall be maintained aril a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or inium ofany kind or nature whntsocver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purehascr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or ind i reel, and whether to persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the part of the Sc Ilea any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees rimy lime on account or by reason ofany act, action. neglect, omission or default of the Seller ofany of his contractors car any of its or their effects, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, a mencys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofrers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said parties in or as a result of such suits mother proceedings, the Seiler will a1 once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fhmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all miss and regulations issued pursuant thereto. Revised 03/2010