Loading...
HomeMy WebLinkAbout113033 GENERAL CARE HEALTH SERVICES INC - PURCHASE ORDER - 3212270City of �„ art Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 113033 GENERAL CARE HEALTH SERVICES INC 620 S LEMAY FORT COLLINS Colorado 80524 PO Number Page 3212270 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket order Water Utilities Dept. 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from state and local rigs. Onr Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry R4-6000587 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 racer specifications, either when shipped Or due to defects of damage in transit, may be mounted to you for credit and arc not to be replaced except upon receipt Of O,inen instructions from the City of Fort Collins. Inspection. GOODS are subiect to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Pumhax r to insist upon strict performance of the toms and conditions hereof failure or delay to exercise any rights or remedies pmvided herein or by Ian, failure to promptly notify the Seller in the event 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 performnnce herenfor 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 hereundernot shall any purported oral modification ar rescission 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 rcadt in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fen 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 of all applicable required inspection procedures violations are in fact borne 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 Fort Collins, 700 Wood St., For Collins. CO 80522, unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods or services Otherwise .specified oa this order. If permission is given to prepay (might and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipmcals arc made from greater distance. Permits Seller shall pmeum at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations. un images 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 and 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 parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said 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 toms 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 promised 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 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 of placing 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 net reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligenee. such acts of God. acts ofciwil or military authorities, governmental prinntim, 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 For received knowledge thereof. In the event of any such delay, the date o'delivery shall be extended for the period equal to the time actually lost by reason ofthe 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/err other descriptions given, will be fit far 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 Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shot] replace, repair or make good, without cost to the purchaser, any defects or faults arising within caw (1) year or within such longer period of time as may be prescribed by law, or by the terms of any applicable "armory provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Porn ished by the Sol doe 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 Sol leis liability hereunder shall extend to all damages prosimately 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 MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terra, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by student or written change order. If any such change affects the amount due or the time ofperfomiancc hereunder. an equitable adjustment shall be made. fi. 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 progress provided that the Purchnscr 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 goads which arc the Sellers standard stock. No such termination shall reirve 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 linnuantion is ordered. R. COMPLIANCE WITH LAW. The Seller viaticums that all goods sold hereunder shall have been 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 required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment matcriak, and items furnished in perfpnnanec of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon be the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from Al liability and claims of any nature resulting from the performance of such work. This release shag apply even in the wont of fault of negligence of the parry released and shall extend to the directors. of ecrs and employees ofsuch party. The Seller's contractual obligations, including mamnry, 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 deign, device, material or process covered by letter, patent. Trademark or copyright, the Seller shall indcnpify and save harmless the Purchaser 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 indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsneh infringement at any time during the prosecution or after the completion of the work. In case said equipment. err any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its Option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchaser withtnv liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights of all panics hereunder shall be rnnstrucd under and governed by the laws offl c State ofColorado, USA. The following Additional Conditions apply Only in eases where the Seller is to perfomt work hereunder. including the services of Sellers Representative(s), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carts 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 Seller's own expense and to the satisfaction of the Purchase, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/m equipment were being furnished by the Seller under the order. 19. 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 limits of at (east S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall der any .work upon the premises of others, the Scllcr shall furnish the Purebasenvith is certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in iamove have been provided. Such ecnificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until aper the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and linbilily for any and all damage, loss or injury ofany kind or nature wh i snorer to persons Or property caused by or msulting from the execution of the work presided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or of of the Purchaacrs oRcen., 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 Purchaser may be put or subject by reason of any act, action, neglect, emission ar default on the part of the Seller, any of his contractors, or any of the Sellers or contractors nfticers, agents or employees. In case any suit or other proceedings .shall be brought against the Purchaser, 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 ony of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same 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 snits 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 or as a result of sach suits or other proccedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulatinns with regard to safety including, but without limitation, the Occupational Safety and health Act of 1970 and all rocs and regulations issued pursuant thereto. Revised 03/2010