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HomeMy WebLinkAbout133305 TECHNOLOGY LABORATORY INC - PURCHASE ORDER - 9112858PURCHASE ORDER PO Number Page City of 9112858 1 of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 04/11/2012 Vendor: 133305 Ship To: OPERATIONS SERVICES TECHNOLOGY LABORATORY INC CITY OF FORT COLLINS PO BOX 272271 300 Laporte Avenue FORT COLLINS Colorado 80527-2271 Building B FORT COLLINS Colorado 80521 Delivery Date: 05/18/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Environmental sampling at the 1 LOT EA 10,000.00 Atzlan Total $10,000.00 C3. Oi'la�n2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teals and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stating the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is col W50?. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver. Colorado (Ref. Colorado Revised Starnes 1073. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit. may he mounted to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fmt Collins, Inspection. GOODS arc subject to the City of Fort Collins inspection an moral. 11. NONWAIVER. Failure of the Pamhrwr to insist open strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly unity the Seller in the event of a breach, the acceptance, ofor payment for goods hereunder or approval ofthc design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon saner performance hacefor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purported oral mortification or rescission of this Purchase order by the Purchaser npemte 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 part of the City of Fort Collins. However. it is to be understood that FINAL Seller Intl 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 now, have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Word St., Fort Collins. CO 90522. unless acquired andcr federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise .specified on this order. If pcmission is given to prepay freight and charge sepaatcly, the original fraight purchased or acquired by the Purchaser Pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactrimrs have distributing points in various pans of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. 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. Permits Seller shall procom at sellers sole cast 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 fitrther agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. mlcs .ad requircmcnt . 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 exprmsfy limit acceptance In the terms and conditions stated herein set forth and any supplementary or additional term and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected round henhy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment In arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purch.ascrs including, without limitation, acceptance of partial late deliveries, shall operate as a wnivcr ofthis provision. In the event ofany 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. liowcver. the Seller shall not be liable far damages us a result of delays due to causes not reasombly foreseeable which arc beyond its reasonable control and without its (fruit of negligence, such acts of Gad, acts of civil or military authorities governmental priorities, fares, strikes food, epidemics wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time .,hen the Seller for received knowledge thereof, In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay,. 3. WARRANTY. The Seller uamnts that all goods, articles, materials and sand: 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 care and competence in accordance with accepted sandurds for work oft similar nature. The Seller agrees to hold the purchaser harmless front any lass, damage of expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr 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 Inv nr by the terms of any applicable warranty pmvided by the Seller n0cr the date of acceptance ofthe goods furnished hereunder (.acceptance not to be unreasonably delayed), msalling from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of guods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as othervise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximmely caused by the breach of any ofthe foregoing wanrmone, or guarantees, but such liability shall in no event include loss ofpmfits or loss ofinc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms 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 drawings. by verbal or .written change nrler. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Portions of the goads then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Parchaser shall not be liable for any claims for anticipated profit 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 Scllcrs smadanl stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as To any goods delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adiumemat must he asserted within thirty (30) days From The date the change or termination is ordered. 8. COMPLIANCE WITH LAW. ' The Seller wamnty 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 good are subject. The Seller shall execute and deliver such document 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 aad hold the Purchaser harmless from all costs and damages suffcrcd by the Purchaw,,,, a result of the Sellers 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 w'dttcn consent of the other party. 10. TITLE. The Seller wamny full, clear aad unrestricted title to the Purchaser for all equipment. materials. and items famished in performance of this agenn cot. free and clear of any and all liens, restrictions, rescmations, security interest encumbrances and claims of mhcm. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any nature resulting Gorr 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, aRcersand employees fsuch party. The SellcYs contmcmal obligations, including wam, nty, shall not be decomd to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 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 inelcnmife 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 cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time 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 part is enjoined, the Seiler shall, at its own expense and at its option, either procure 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 bankrupt, make an assignment for the heneft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he eancded by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemt used or the iaterpreation ofthc agreement and the rights ofnil parties hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hcrcundcr. including the services of Sellers Representative(s), on the premised ofothers 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Seller's own risk until the sane is fully completed re d accepted, and shall, in case of any accident, destruction or injury, to the work and/or materials before Scllcr's final completion and .acceptance, complete the work al SellefS own expense and to the satisfaction of the Purchaser. When materials and equipment arc finished by others for installation or erection by the Scllcr, the Scllcr shall receive, unload, store and handle same at the site and become respnnsible therefor as though such materials and/or equipment were being furnished by the Scllcr andcr the order. 18. 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, contmcmal and automobile public liability insurance .with bodily injury and death limits of at least 5300.000 for any Inc person. 5500.IID0 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his convectors, 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 eenificates 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 DAMAGFS. The Seller hereby assumes the entire responsibility and liability, for any and all damage, less or injury ofany kind or aware whatsoever to persons or property caused by or resulting from the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Parchascm offcen. 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 Purehascr may be put or subject by mason of any act action, neglect omission or default on the part of the Seller, any of his contractors. or any of the Sellers or contractors effects, agents or employees In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees story time on aceounl or by reason ofany act, avian, neglect. omission or default of the Seller of any of his contractors or any of its or their effects, agent oremployees as aforesaid, the Seller hereby agrees to assume the defense thcrcnf and m defend the mine at the Sellers; own expense, to pay any and all casts. 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 he placed upon or obtained against the property of the Purchaser, or said panics in or 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 otherwise. The Seiler and his eontmvors shall take all safety precautions, furnish 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 Safety ,ad Health Act of 1970 and all rules and regulations issued punnant therein. Revised 03/2010