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HomeMy WebLinkAbout489486 TUV RHEINLAND - PURCHASE ORDER - 9113710City of /11 �o_t Collins Date: 06129/2011 Vendor: 489486 PURCHASE ORDER TUV RHEINLAND 1300 MASSACHUSETTS AVE STE 103 BOXBOROUGH Massachusetts 01719 PO Number Page 9113710 1of2 This number must appear on all invoices, packing slips and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 06/29/2011 Buyer: OPAL DICK N ote: Line Description Quantity UOM Unit Price Extended Ordered Price I Drake Facility Audit RFP 7218 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.mm 1 LOT EA Total Invoice Address: 10,100.00 f[rIr1[rlrl City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmmstmc and local luxes. Our Exemption Numberix ILNONWAIVER, offal RJcaI Excise Tax Exemption Cevifam of Bell" 946000557 is regin mod will the Colleemr of Failure ofthc Purchaser to insist upon skim pafamaaa of thc mmw and conditions ne,of, failum a delay To Inured Revcnue. Denver. Colorado (Rd. Calondo Revised Staktes 1993, Chapter 39.2h, 1 W (a). excuriso any rights or remedies famidod herein or by law. failure to promptly notify the Seller in the event of a breach. the acce manic of or payment for grads M1rnvnda or approval onM1e design, shall non releae the S61a of Goods Rejected. GOODS REJECTED due to failure to man specif hump, either when shipped or due to ddaTs of any of the warmmied or obligations of this purchase order and shall not M dametl a waiver of any right of the damage in Transit, may M extumed to visa for credit and are no To M reploaJ except upon receipt of write. purchaser to insist upon strict perfom once Fermi any of its debts a rcmedine as no any such goods, regardless instructions fmm the City of Fort Collins. of %hen shipped, meeived or aearpmd. as to any prior or subsequent default hrnvnder, nor shall any pumated all modification or rescission of this purchase order by the Puteha er operate as a waiver of any of the tams Inspcaim. GOODS are subject o the City of Fort Collins inspection on nmval. hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this under can result in 12, ASSIGNMENT OF ANTH RUST CLAIMS. authomed payment on the pan of The City of Fon Collins. However, it is to be understand thatFINAL Sella and The Purchaser recognize that in actual ceramic practice, o ereharps resulting From antitrust ACCEPTANCE is dependent upon completion ofall applicable acquired inspection purbouresviolations arc in fact home by the Vimlikse,Therdofore. fan good cause and as consideration for executing this purcM1ase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hatafer Freight Terms. Shipments must be F08. City of Too Collins, 700 Wood St, Fort Collins, CO 0522, cnless accrued under emend or state antinot laws for such overcharges relating to the particular goods or services otherwise smodified ern this under. lfnerm given m prepay freight aid charge au pammdy, the original freight purchased or acquired by the Purchaser pursuant thin purchase order_ bill must umnmpnny invoice. Additional chvtgn for puling mill not be accepted. I3. PURCHASERS If OF SELLERS OBLIGATIONS. ShipmentDistance.thee, Wheremanufacturers poi have odeairton,and eng points in aspens dfinedfallIahipmrnrn lathe P.Tend he Sell, he Seller Sella nommnfommin6mdabilitvegardbyadme mbcapeedupon bythe expected are adefir urn game, Man point m destination, and excess freight will ere deducted from lmvoice when PurcM1aser and the work l and he Sella y the most expeditious its inability or available ingneandtocomply. ler shall Purchaser shipments are made fmm gmelcr distance. may cause the warm m be Performed by the anon expeditious means available to It. end the Seller zhall pay all mttd aarciama wan such warm. Pemaia. Scam shah atons, at knees rode ales all nest nary pmipal, eeni0cams and licenses required w all applicable laws, regulations, implied ordinances andtalesofthesane,municipality,tertitoryorpoliticalion over th where the work is pererfich mTreetby any other duly Fort constituted public aotlmdry having jurisdiction over The uod in vendor. Senor by to ahan m M1oIJ the City of Fat Collinsoof any s From and epinst all liability ape loss tea re teem by reuen of an assmcd or eskblished violation ofany xaen laws, rcplations, nrdimn<es, miles and requirements Altercation, All parties to this compact agree that the dominant arc, in fact. Mesa ride and possess fun and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order exprealy limits acceptance to the rams, and conditions stated hourn set fort and any supplementary or additional terms and conditions annexed Facto or incogmmted hacin by reference. Any additional or different terms and conditions proposed by killer are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you corn, make amplate shipment To arrive on your pmmi.¢d delivery date a noted. Time is aftbe essence. Delivery and performance must be effected within the time skied no the peolmw order and the documents mmiled here,. No eras of no Purchasers including, without limitation, aeecptoure effectual late dedivenes, shall operate as a waiver of this prevision. In the event ofany delay, ]he Purchaser shall have, in addition to other legal and arq.hlc remedies, the aphis, of placing His order elsewhere and holding the Seller liable for damages. However the Seller shall not be liable for damages as. result of delays due to causes not r<nmnsbly foreseeable which are beyond its ,asunabde control and without Its fault of negligence, ,rich acts ofrod, acts ofcivil or military amhatiee, unemotional priorities, fires. duke, food, epidemics wars or riots provided that notice ofihe conditions causing such dday is Riven To The Purchaser within Eve (5) days ofine time when the Seller first received knowledge Meisel In the event ofany such delay, the date of delisxry,hall be extended arc the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, Prid¢ materials and work covered by this color rill conform with applicable dmwinp, specifications, sampled smaller other descriptions, given. will be fit for the purposes intended ape Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar raters. The Seller agrees to hold the pumhacr harmless fmm any Ions, damage or expeme which The PurcM1aser may suffer or incur on account of the Sellers breach of w'atmnry. The Seller shall rsyloce. repairer make good, without cast to the purchased any defects or faults arising within am (I ) year at within such longer period of time as may he prescribed by law or by the terms of soy applicable warranty provided by the Seller aria tnc der, of accommue of the goods Marshall hereunder (acceptance not m be unreasonably delayed), resulting from imperfect or defective work time or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver ofany claim under this warranty, Except as them inc provided in this purchase order, the Sellers liability haetmdor shall extend To all damages proximately caused by the breach of any 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 M ERCI IA NTAH I LITt' OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CI IANGIiS IN LEGAL TERMS. The Puthnur any make changes To legal terms by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changed to the hems, other than legal terms, including additions to or delerions from the quantities originally oolcred in the specifications or drawings, by verbal or written change order. If any such change aRems the amount due m Mc time of performance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The purchaser may at any time by writen change over, terminate this agreement as to any or all portions of the goods then not shipped, subject to any countable adjustment betxacn the panics as to any work or materials then in pmm,, i provided that the Purchaser shall nor he liable for any claims for anticipated pnfits on the uncompleted Portion of The gore and/or %ork, for complaint or consequential damages. ape that no such adjustment M made in favor of the Senn with Pape, to any good which are the Sellers standard track. No such termination shall relieve the Purchaver of Scllcr ofany ofthen obligations as to any mod delivered he,under. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thine (30) days from the date The change or rrnnination is orde,d. g. COMPLIANCE WITH LAW. TM1e Seller wamntd that all Rood sold hereunder shall have been produced, sold, delivered and burnished in strict dnmpliance with all upplicabde laws and regulations to which the goods are subject. The Seller snarl execute and eliver such Jocnments as may be required to effect or evidence compliance. All laws and regulations required to be cmmammd in .,me of his barrel, arc hereby mcorpmm oca herein by this reference. The Sella agrees to indemnify and hold the Pn titan harmless from all costs and damages scoured by the Pu,baar as a result onhe Shcm failure to emm"ly won such law. 9. ASSIfNMENT. Neither parry shall assip, tandtr, or com'ey this order, or any carries due or m become due hereunder without the Met wirmn consent of the other parry. 10, TITLE. The Seller wares full dear end unrestricted till, to he purchaser for all equipment materials, and items fumished in porformencc of this agreement, free and clear of any and all liens, restrictions assumpiore, security interest encumbrances and claims of ethers, The Sella shall release the Purchaser and its compactors of any tier film all liability and claims of any nature resulting fmm the performance nfsuch rand. This release shall apply even in the event of fault of negligence of the party relcacd and shall extend to the dinams, officers and employees ofmch ki The Sellers conpa9tual obligations, including wamJnty, shall nor be deemed to M reduced. in any way. because seen work is Raforaed m eatsand to be perfermof by the Purchaser. l4. PATENTS. Whenever the Sella is oxcired To sett any design, device, meta nd or process maned by letter, From, tademad or copyright, the Seller shall indemnify and save handle. the Purchaser from any and all claims for infuriation, by reason of the use of such palonted design. device, material or process in connection with The contact, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afar the completion of he work. In cave x',old auipmont, err any pan thereof or the intended use of the grads. 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 rho Purchaser the right to continue using said equipment or pans, replace the same with sursmmially equal but naninfringing equipment, or modify It no it Factors noninfringing 15. INSOLVENCY. If the Seller shall become insolvent or bankma, make an assignment for the benefit of creditors, appoint a menciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, 16 GOVERNING LAW. The definitions of Terms, used or the international of the agreement and the right of all parties Islander shall be removed under ape women by me Ian, of The Sale ofColom e, USA. The following Additional Conditions apply only in moves wham the Seller is to perform work hereund,, including the services of Sellers Ropmacmativei on the promises ofathers. 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 w of any accident, desmmuen or injury to the work and/or materials Mtbrc Scller's final completion and acceptance, complete the work at Sellars own expense and to the satisfaction athe Purchaser. When materials and equipment are fumished by others for installation or nation by the Sella. the Seller shall receive, unload. store and handle more, at the site and become responsible therefor as though such materials and/or equipment were being fumisM1ed by the end let under The order. I R. INSU RANCH The Scllcr shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work entered by this purchase order, and/or to their dependents in accordance with the laws of the sum in which the work is to be done. The Seller shall also any compkhasive general liability including. but not limited to, matmctunl and amomobile public liability insurance with Family injury and death limits of at least 5300,000 for any one person, S500.000 for any one accident and pmpeny damage limit For accident of S400,000. The Seller shall likewise require his contractors. if any, to provide fnr such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon TM1c promises of otM1ers, The Seller shall Finnish the Pumhr ar with a atifca n that such compensation and insurance have been providod. Such catifcales shall specify the date when such compensation and insurance have ban provided. Such anifiatn shall specify the date %hen such compenation ape insomnia expires. The Seller agrees that such compensation and insurance shall M maintained until arse the cnti¢ work is completed and accepted, 19. PROTECTION AGAINS T ACCIDENT S AND DAMAGES. The Sellor herby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or money rah dw—to pmmns or property caused by or resulting from the -crutirm oftM work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Parent., and any r all of the Purchases officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchasa may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contraams officers, agents or employees, In case any suit or other pm cedings ahan against n, be Tryon, againshe Porchaaor its otTacem, agents or employees at any time on acannt or by reason of any am, nation, neglect. omission or default of Seller ofany of his aammcnns or any of its or Than ofaaers, agents or cnmloyees as ammonia. he Server hereby.,c,n m aaaamc the ken. Thereof and to defend the ante at the Sellers own expenr, to pay any and all costa chargesattorneys fees and other expenses, any and all judgments than may be incurred by or obtained against The Purchaser or any of as on mein owners. agents or employees in such ohs or other Proceeding, sad in case judgment ar other lien be phand upon m obtained apinsT The Pmpeny of the Purchaser, a said parties in or as a result of such suit or other proceeding, The Seller will at once uuse the an m be dissolved and discharged by Giving bond of otherwise. The Seller end his contactors shall take all at plactions. Finnish and instil all guards necessary her the prevention of accidents , comply with all laws and regulations x'ith regard to safety including. but wihat limitation, the Occapmionl Safety and Ikalth Act of 1970 and all talcs and regulations issued pursuant modern. Revised 0312010