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HomeMy WebLinkAbout111859 COLORADO DEPARTMENT OF HEALTH - PURCHASE ORDER - 9115251Fort Collins PURCHASE ORDER Date: 09/12/2011 Vendor: 111859 COLORADO DEPARTMENT OF HEALTH ASD-ARB 1 WATER QUALITY CONTROL DIV 4300 E CHERRY CREEK DR SOUTH PO Number Page 9115251 j tof2 his number must appear on all Invoices, packing sll s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Safe Drinking Water Program Annual Fee . a • 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 9,270.00 $9,270.00 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 exemptions. By statute the City of Few Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIV ER. 9"302. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pumhaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Swarms 1973. Chapter 39-26. 114 (a), exerciw any rights or remedies provided herein m by law, failure to promptly notify the Sella in the event of a breach, the acceptance afar payment for goods hereunder or approval of the design, shall nor release the Sella of Goods Rejected. GOODS REJECTED due to faihne to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit end are ram to be replaced except upon receipt of written purchaser to insist upon strict performance hereofm any of its rights or remedies as to any such goads, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, m to any prim or subsequent default hereunder, not shall any purported oast modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Intent 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 Sell" and the Purchaser rerngniu that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations an in too boors by the Purchaser. Theretofore, for good cause and " consideration for executing this purchau order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hercatter Freight Tams. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or smrc amitmst laws for such overcharges relating to the particular goods m services atherwiu specified on this Oder. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill m ct accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where marmfactums have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to comma n onwnfotming or defective goods by a date m be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipments are made form greater distance. may came the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certifi"tes and fames required by all applicable laws, regulations, ordinances and roles of the was, municipality, territory or political subdivision where the work is performed, or requited 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 than by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties an this contract agree that the representatives are, in fad, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated herein set forth and any supplementary or additional terns and conditions massed ed hereto or incorporated herein by reference. Any additional or different teats and conditions proposed by wild are objaed to and hereby mjaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your promised delivery date as noted. Time is of the emend. Delivery and performance must be effected within the time sorted on the purchase order and the documents attached hereto. No was 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 Sell" liable for damages. However, the Sell" shall no be liable for damages u a result of delays due to teases not reasonably foresceable which are beyond its reasonable control and without its fault of negligence, such ads of God, ws of civil or military authorities, governmental priorities, fires, strikes. Bard, epidemics. wars or riots provided that notice of the conditions "using mch delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the evert of any such delay, the date of delivery shall be extended for the period equal to the time achrally lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all goods, articlm materials and work covered by this order will conform with applicable drawings, specificabars, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degrw of cote and compcom" in accordance with ucepted standards for work of a similar mare. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may off" or incur an material 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 ow (1) year or within such longer period of time as may be prescribed by law or by the terms of any appli"ble warranty provided by the Sell" after the date of acceptance of the goods fumished heeunder (acceptance nor to be umeamnably delayed), resulting form imperfect or defective work time or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 "used by the breach of any of the foregoing warranties or guamtncx, 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal more. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhaser may at any time by written change oiler, terminate this egra orl ere to any or all pastimes of the goods then not shipped, subject to any equitable adjustment between the pasties as to any work or materials that in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental m consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment meat be averted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wommovs that all goods mid hereunder shall have bee 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 deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreem"s of this chanuten arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fiom all costs and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, m covey this order, or any monies due or to become due hereunder without the prior wrier" consent of the other party. 10. TITLE. The Sella warasnm full, clear aed unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agneenurtt free and clear of any and all liens, restrictions, reservations, security interest rtxumbrawes and claims of others. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from 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, officers and employees of such party. The Seller's contractual obligations, including warranty, shall nor be deemed to be reduced. in any way, because such work is performed or caused an be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use arty design, device, material or process covered by letter, patent, trademark or copyright, the Sell" shall indemnify and save harmless the Purchaser from any and all claims fm infringement by ade en of the use of such powered design, device, material m process in connection with the consumer, 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. Incase mid equipment, M any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the sew of mid equipment or post is enjoined, the Sell" shall, at its own expense and at its option, either procure for the purchaser the right to continue using mid equipment or parts, replace the mme with substantially equal but noninfringing equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become inmlvM or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mestce 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 interpretation of the agreement and the rights of all parties hereunder shall be constmed under and groaned by the tows of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Sell" is to perform work hereunder, including the services of Scilas RcInwaxative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sell" shall carry on mid work at Seller's own risk until the some is fully completed and accepted, and shall, in caw of any accident, destruction or injury to the work and/or materials before Seller's Baal completion and acceptance, complete the work at Sclices own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation m erection by the Seller, the Seller shall receive, unload, Am and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the odes. 18. INSURANCE. The Seller shall, at his own expense, provide fine the payment of workers compensation, including occupational disease benefus, to is employees employed on or in duration with the work covered by this purchase order. and/or to their dcpackms in accordance with the laws of the sera in which the work is to be time. The Seller shall also carry comprehensive general liability including, but not limited to, commctual and automobile public liability insurance with bodily injury and death limits of at least S300.0110 for any one person, S500.000 for arty one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compcn ation and insumna. Before any of the Sellers or his contractors employees shall do any work upon the premises of olhers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have berm provided. Such certificates shall specify the date what such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller 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 Mire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatmevm to persons at property "used by or resulting from the execution ofter work provided for in this purchase odor or in connection herewith. The Seller will indemnify and hold harmim the Purchaser and any m all of the Purchaser effects. agents and employees form and against any and all claims, losses, damages, charges or exposes, whether direct or indirect, and whetha ro persons m property In which the Purchaser may be put or subject by reason of any act action, neglect omission m default on the part of the Sella, any of his contractors. m any of the Sellers or contractors effects, ages or employees. In case any mit or other proceedings shall be brought against the Purchaser, or its office. agents m employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of is or their officers, agents or employees as aforesaid, the Sell" hereby agrees to assume the defense thereof and an defend the some at the Scllers own expense, to pay any and all costs, charges, attorneys fa and other expenses, any and all judgmems that 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 case judgment or ohm lien be placed upon or obtained against the property of the Purchaser, or mid parties in or as a result of such saw m other proceedings. the Sella will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Sella and his couttactms shall take all mfrty precautions, Famish and install all guards necessary fm the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursuant theorem. Revised 032010