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HomeMy WebLinkAbout117234 UNITED STATES GEOLOGICAL SURVEY USGS - PURCHASE ORDER - 9141297Fort Collins Date: 02/28/2014 PURCHASE ORDER PO Number Page 9141297 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 117234 Ship To: WATER UTILITIES UNITED STATES GEOLOGICAL SURVEY (USGS) CITY OF FORT COLLINS DEPT OF INTERIOR 700 WOOD ST BOX 25046 MAIL STOP 415 FORT COLLINS CO 80521 DENVER CO 80225-0046 Delivery Date: 02/28/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Ordered Extended Price i FEDERAL GOVERNMENT SERVICES 2ND, 3RD & 4TH QUARTERS WATER 1 LOT LS 24,182.00 YEAR 2013 WATER RESOURCES INVESTIGATION PER JOINT FUNDING AGREEMENT NO. 14CMC014 023 0000; TIN#: 846000587; CUSTOMER NO: 6000001045; WATER YEAR OCTOBER 1, 2013 TO SEPTEMBER 30, 2014. JANUARY 1, 2014 TO SEPTEMBER 30, 2014 DATED 03 DEC 2013 & SIGNED BY JAMES KIRCHER, DIRECTOR, USGS 1st quarter oavment was made on PO 9136448. 2 FEDERAL GOVERNMENT SERVICES 2ND, 3RD & 4TH QUARTERS WATER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 IIX91� -9 49,000.00 182.00 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 1. COMMERCIAL DUA1LS. Tax exemptions. By mature the City of Fort Collins is exemptfmm sate and local lazes. Our Exemption Number is 11. NONWAIVER. 98414502. Federal Excisr, Tax Exemption Certificate of Registry M-6030587 is registered with the Collector of Failure of the Purchaser to iaut opera strict performance of the terms and conditions hereof failure or delay to Imemal Revenue, Drove,, Col..& (Ref. Colorado Revised Stmairs 1923, Chapter 39-26, 114 (a), exercise any rights or reprovided herein or by law, failure to promptly notify the Seller in the event of a becove the acceptance of or payment for goods hereunder or approval offle design, shall not relea, the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntin or obligations of this purchase order and shall not be deetmd a waiver of tiny right of the damage in vomit, may M returned to you for credit and are not to be replamd except upon receipt of written purchaser to brut upon shirt performance harmfm any of its rights or remedies a to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or hearty as to any prior or subsequent default hereunder, nor shall any purported oral mndificown or rescission of $is purchase order by the Purchaser operate as a waiver of any of the mares Inspection. GOODS are subject to the City of Fort Collins inspection an arrhal. hereof. Final Acceptance. Reaript of the merchandise, services ar equipment in rapone to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the per of the City of Fan Collins. Hoaeve. it is to be understood that FINAL Seller and gar Purchaser recognire that in actual vais practice, mserchresulting from It., arga r ACCEPTANCE is delandent upn completion of all applicable requin l impecton procedures. violations are in fact borne by the Pmazer chThererofre, forgood pause and as consideration for executing this purchase order, the Seller hereby assigns m the Pachasef any and all claims it may maw have or hereafter Freight Tam¢. Shipments must he F.O.B., City of Fort Collins, 700 Wood Se, Fart Collins, CO 80522, unless acquired under gained or sate am., laws for such ovrralumms meaning to the particular goods or smiccs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuing to this Famhau order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in van ns pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from gmoner distance. Permits. Seller shall procure err sellers sole cast all necessary permits, cinifirion. and licenses required by all applicable laws, regulmions, ordinances:md rules of the star, municipality, lemon, or political subdivision where the work is pert nnal, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees it, hold the City of Fan Collins harmless from and against all liability and loss erred by them by tertian ofair nsserad or established violation of any such laws, regulations, ordinances, rues and requirements, Authorization. All parties to this commi agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMII'A]'[ON OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sag forth and any supplementary or ukinional terms and conditions mmexed here,. or incorporated herein by reference. Any nddium:d or different terms and conditions proposed by seller are objected m anal hereby referred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou mount make complete shipment to arrive on Woe pomised delivery date m wled, Time is of the essence. Delivery and Far(.mtanm most be affected within the time sated on the purchase order and the documents matched harem. No cars of the Pttshasrs including, without Inhibition, acceptance ofpmial Ire deliver., shall opemm as a waiver of this prevision. In the ever. of any delay, the Purchaser shall have, in addition to other legal and quotable remedies, the option ofplacing this order elsewhere and Mlding oche Seller liable for dmnagcs. However, the Seller shall nor he liable for damages a a result of delays due to cumas two reasonably foreseeable which me be oral its reasonable record and without its fault of negligence, such acts of God, acts ofcivil or military authorities, yevemmmml prionties,firms, stages, flood, epidemics, wars or hots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller fial received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the pread equal to fire time actually lost by reason office delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples candler other descdpdoa given, will be fat for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults raising within one (1) year or within such kmi period of time as may be prescribed by laws by the terms of any applicable wamnly 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 mmcrials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstmor a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sella liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'inanities or gmmm ax, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANI'ABILLI Y OR OE FITNESS FOR PURPOSE SHALL APPLY. 4, CI IANGES IN LEGAL TERMS. The Purchase, may make changes to legal it. by waiven charge ordm. S. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tears, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change rufecrs the amount due or the fire of performan¢ hereunder, m quhbl, adjus tom shot he made. 6. TERMINATIONS. 1M Purchaser may an any mare by written change order, tmatere this ante ri as many or all portions of the good then nog shipped, subject to any equitable adjustment beaeen the panics m many work or materials then in progress provided that the Purchaser shall out far liable far any claims for anticipated polls on the uncompleted portion of flue goods anise work, for incidental or crossgoented damages, ord chat no such adjustment be mode in favor alum Seller with respect to any goods which art the Sellers standard areas. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations a, to any goods delivered hermaaler. T. CLAIMS FOR ADJUSTMENT. Any claim for adjnstment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said 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 end deliver such documents as may be squired to effect or evidence compliance. All laws and regulations required to be ncmpormd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless 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 poor winter consent ofthe other pay. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all diem, restrictions, reservations, security interest encumbrances and d.imeoforhen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a doe to be agreed upon by the Purchaser and the Seller, and the Seller ffam r indicates its inability or unwidingaras 1. comply, the Purchaser may ounce the work to be pedomned by the most expeditious memos available mil, and fe Seller shall pay all costs mrocimcl with such work. 9'he Seller shall release the Purchaser and its contractors of any tier from all liability nM claims of any nature resulting Rom the pafnamare of such work. This relearn shall apply even in the event of fault of negligence of the party elmmd and shall extend to the direcmn, officers and employees orsuch party. the Sellers ornamental obligation, including warranty, shall not be domed to be ordered, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or p roar. cmered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such Fireman design, device, material or process in connection with the contact, 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 persecution or after the completion of Ne work. In ouse said quipment, or any pan thereof or the intended use of the good, is in such suit held to contima infringement and the use of said equipment or pan is criminal, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but tmninGnging quipment, or modify it so it becomes wmarminn., 15. INSOLVENCY. If the Seller shall become insolvent or band pt, make con assignment for the bearafir of credilms, .,pine er or mrmee for any of the Sellers properly, or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions farms used or flan inar,mormn oldie agreement and the rights all parties hereunder shall be coavued under and governed by the laws ofthe State ofColomdo, USA. The 11 Ilowing Addhimad Conditions apply only in cases where the Seller is to peif.. work hereunder, including the services of Sellers Represenative(s), on the premises c faff.. 17. SELLERS RESPONSIBILITY. 'fhe Seller shall carry on said work at Seller's own risk until the same is fully completed and twer,led, and shall, in e of any accident, detraction, or injury to the work and/or materials before Seller's fired completion and acceptance, complete the work at Sellers 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 Seller shall receive, unload, store and handle same at the site and become responsible therefr as though such materials and/or quipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expire, provide for the payment of workers compensation, including occupational disease berg fin, to its employees employed on or in connection with the work covered by this purchase order, ands.r to their dependents in accordance with the laws of the state in which the work is to bo dons The Seller shall ale carry comprehensive general liability including, but not limited to, commercial and automobile public liability insurance with bodily injury and death limits of at least S300.0f0 for any ate person. S500.000 for any one occident and property damage limit Far accident of S400,000. The Seller shall likewise require his convenors, if any, m provide for such rompemm on anal imumnce. Before any of the Sellers or his contractors employees shall do any wok upon the premises of others, the Seller shall burnish the Purchaser with a certificate chat such compensation and insurance have been provided. Such mnificams shall specify the date when such con,cnation and marriage gave been provided_ Such maificao-s shall specify the date when such compensation and marriage expires. The Seller agrees Nat such compensation vd insurance shall be maintained until after 0e .lire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssumcs me entire responsibility and liability for any and all damage, loss or injury cf any kind or wtum whatsoever to Farsors or property caused by or resulting tram the execution ofthe work provided for in this purchase order or in connection herewif. The Seller will indemnify and hold hamtless the Purchaser and any r all of the Nation. dicers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpny to which the Purchaser may be pal or subject by reason of pay at, action, neglect, omissio. or default an the pan of the Seller, any of his contractors, or any of the Sellers or contractor, oRcns. agents or employees. In case any suit or other proceedings shall be brought agaiml the Purchase, 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 any of his contractors or any of its or their affects, .,can or employees as aforesaid, the Seller hereby agrees co assume the defense thereof and ce defend the same ar he Sellers own e.pror. to pay any and all costs, charges, attorneys fees and other expenses, any and al 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 ben be placed upon or .btninecl against the property of the Pmchasa, or said panics in or as a result of such suits or other proceedings, ,he Seller will at once cause the same to be dissolved mad discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and mall 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 and Health Act of 1920 and all rules and regulations issued pursuant genera. Revised 0A2010