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HomeMy WebLinkAbout117234 UNITED STATES GEOLOGICAL SURVEY (USGS) - PURCHASE ORDER - 9123637PURCHASE ORDER PO Number Page City OfCollins ��� 9123637 1 of z C6rt Gol f „s This number must appear /_^,'`\-,J`'- ` ` t , on all invoices, packing slips and labels. Date: 06/20/2012 Vendor: 117234 Ship To: POLLUTION CONTROL LAB UNITED STATES GEOLOGICAL SURVEY (USGS) CITY OF FORT COLLINS DEPT OF INTERIOR 3036 ENVIRONMENTAL DRIVE BOX 25046 MAIL STOP 415 FORT COLLINS Colorado 80525 DENVER Colorado 80225-0046 Delivery Date: 06/20/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Ordered Extended Price 1 FEDERAL GOVERNMENT SERVICES 2011 WATER RESOURCE INVESTIGAT 1 LOT LS 25,767.50 2 FEDERAL GOVERNMENT SERVICES 2011 WATER RESOURCE INVESTIGAT 1 LOT LS 46,000.00 c3. 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 Total Invoice Address: $71, 767.50 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 Port Collins is escnCpt fmm .state and local taxes Our Exemption Number is 11. NONWAI VFR. 99-04I502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Cnllcom of Failure of the Purchaser to inmm upon strict performance of the terms and conditions hereof, failure or delov to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval cf the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be roomed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfommnnee hereof or any of its rights or remedies as to any such goods, regardless instructions front the City of Fort Collins of when shipped. received nr accepted, a to any prior, or subsequent default hereunder. nor shall any perpormi oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the Icrm.s Inspection. GOODS arc subject to the City of Fort Collins inspection catarrhal, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this enter 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 and the Purchaser recognize that in actual economic practice. overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. ThcrcmPore, 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 Imma0er Freight Terms. Shipments must be F.O.R.. City of End Collins. 700 Wood St.. Fort Collins. CO 80522, unless acquired under fcdcml or state amitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permis ion is given to prepay freight and charge separately, the original freight purchased or acgmimd by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additinnol charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If ilm Purchaser directs the Seller to correct mroconfenuing or defective goods by n 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 thcrcaner indicates its inability nr unwillingness to comply. the Purchnscr shipments arc made fmm greater distance. may cause the work to be perinmcd by the most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permim Seller shall procure at sellers sole cost all necessary permits, cenificams and licenses required by all applicable laws, regulations. ordinances and talcs of the state, municipality, territory or political subdivision what the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller funhcr agrees to hold the City of Fort Collins harmless fmm and again,: x11 liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements, Authonzation. All parties in this contract agree that the representatives are. in fact, bona fide and possess full and complete andinity to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpresly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or different terms ad conditions pmposcd byseller are objected mand hereby rdectcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the porchase order and the document attached hereto. No acts of the Purchasers including, without limitation. acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event Priam, 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 he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of GPd, acts ofeivil or military authorities, govemmeatal priorities, fires, strikes, flood, epidemics, wars or riots pmvidcd 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 lost by reason critic delay. 3, WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order xvill confront with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfomod 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 wamrmy. The Seller shall replace, repair or make good, without east 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 Scllcr after the dmc of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), renting from imperfect or defective work done or mntenals finished by the Seller. Acceptance or use of goods by :he Purchaser shall not constitute a waiver ofany claim under this wa nnnty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing worn mics nr guamntces, but such liability shall in no event include loss ofprofits 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 terms by written change older. 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 spedneadnns or dmwingx. by verbal or .nu,P change onier. If ary such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. 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 arc panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmlits on the uncompleted portion of the grinds and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such wrininmion shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant be asserted within thirty (30) days fmm the date the change or wounintion is ordered. g. COMPLIANCE WITH LAW. The Seller Warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished 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 orevidenec 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 Puehascr hamtless room 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 pax. 10. TITLE. The Seller wmmaty full, clear sad unrestricted title to the Purchaser for all equipment materials and items fumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest eneumbo necs and claims of others. The Set let shall release the Purchaser and its contractors of any tier firm all linbil iry and claims of any nature msull i rag fmm the perRmmncc of such work. This release shall apply Wren in the event of fault of negligence of the party released and shall extend In the dircttors, officers and employees ofsuch parry. The Seller's contractual obligations, including warmnty, 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 design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser front any and all claims for infringement by reason of the use of inch 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 he obliged to pay by reason of such infringement at any time during the prosecution or aner the completion Witte work. In ease said cqu,nwnt. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the sea of said equipment or pan is enjoined. the Seller 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 vmc with substantially egCnl but nominfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or :mike for any of the Sellers progeny or business. xis coder may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall be constmed under and governed by the laws ofthe State, of Colomdn. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represenrattvc(s), on the premises cfethers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work rat Sellers own risk until the same is fully completed and accepted. and shad, in case of cry accident destruction or injury to the work and/or materials before Seller's final completion noel 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 erection by the Seller. the Sailer shall receive. Conrad store and handle same at the site and become responsible therefor as though such nmtoials and/or equipment were being furnished by the Seller under :hc order. IS. INSURANCE. The Seller shall, at his own expense, provide for :he payment cf workers compensation, including oceapationd disease benefit, to its employees enmloycd 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 Chirac. The Seller shall also carry comprehensive general liability including but not limited to, eoNmctual and automobile public liability insumnee with bodily injury and death limits of at team Si 6.000 for any one person, S506,000 for any fine accident and Property damage limit per accident of S400.000. The Seller shall likemisc require his contractors, if any. to provide for such comport anon and insurance. Before any of the Sellers or his eontmctom employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a evnificmc that such compensation and insurance have been Provided. Such certificates shall specify the date when .such compensation and insurance have been provided. Such ecnifintes shall specify :he date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire went is completed rind accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scaler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsreve, to persons or property caused by or¢silting from the execution of the work provided for in this purchase ordcror in connection herewith. The Scllcr will indemnify and hold hamilm the Purchaser and any or all of the Purchasers oRcem, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indircel. and whether to Persons or pmpertp to which the Purchnscr 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 Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers. agents or employees al any time oat account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or nay of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came 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 oRecm. agents or emplovccs 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 panics in or as a result of such suits or other proceedings, the Seller will it once cause the same to be dissolved and discharged by giving bond crothcnrise. The Scllcr and his contractors shall take all safety pmcnttions, furnish and install all guards necessary for the prevention of accidents. comply with nil Imes and mgulalions with regnnl to safety including, bill without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued Pursuant thereto. Revised 03/2010