HomeMy WebLinkAbout104230 CSU ENVIRONMENTAL HEALTH SERVICES - PURCHASE ORDER - 9142497PURCHASE ORDER PO Number Page
City of
� 9142497 1 of z
' `t Collins( v This number must appear
` on all invoices, packing
slips and labels.
Date: 05/05/2014
Vendor: 104230
CSU ENVIRONMENTAL HEALTH SERVICES
ATTN: DR DOUGLAS A RICE
COLORADO STATE UNIVERSITY
FORT COLLINS CO 80523-6021
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 05/02/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSULTING SERVICES
2014 FISH-BENTHIC BIOSURVEY
1 LOT LS
14,945.00
PROGRAM STUDIES ON THE CACHE LA POUDRE RIVER PER AGREEMENT SIGNED 04/29/2014
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:pumhasing@fcgov.com
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
L COMMERCIALDETAILS.
Tax Camping, By statute be City of Fort Collins racial from sure and meal taxes. Our Exemption Number is
9g-04502. Federal Exclse Tax Exemption Ceeifiewe of Registry 84bUU0587 is reg@tered wib be Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Secures 1973, Chapter 39-26, 114 Fig
Gands Rejected. GOODS REJECTED due to failure to meet specilwtiom, either when shipped or due to defects of
damage in toamn, may be resumed to you for credit and are not to be replaced except upon ,eecipt of written
ins,mmims from the City effort Collins.
Inspection. GOODS are subject o the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, o a
r equipment in response to this order cot esult in
authered payment on the part of the City of Foe Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion trail applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fog Collins, 719) Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. IfpermisJum is given to prepay fright and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance, Where Manufacturers have distributing points in various parts of the country, shipment is
expected from the groat distribution point a dalinztlon, and excess freight will he deducted Iran Invoice when
shipments are made from greats distance. .
Permit, Seller shall procure at sellers sole cost all necessary pefmih, certificates and licenses required by all
applicable laws, regulations, ordinances and mla of the sate, municipality, temtory or political subdivision where
the work is performed, or required by any once duly compound public auboeiry having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass
atined by them by reason arm asserted or established violation of any such laws, regulations, ordinances, toles
nd assimmonam
Authorization. All farrier to this contract agree that the remnenatives are, in fact, ban. fide and possess full and
omplete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
heart. m, forth and any supplementary or additional terms end conditions arced hereto or meargu rated herein by
reference. Any additional or different terms and conditions propomd by mllew are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASIN4AGENT immediately iffew camm, make Mrs,lre sMpmem a active on your
promised delivery date m noted. Tigre is of the esscuce. Delivery and performance meet be affared within the It.
stated on the purchase order and the documents washout hereto. No acts of the Purchasers including, without
limitation, awepunee of partial We deliveries, shall operas as a waiver ofthis provision. In the event army delay,
tha Purchaser shall have, in maloo n to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damage in a result of delays
due to causes not reassembly foreseeable which am beyond its reasonable control and widow its fault of negligence,
such arts of God. aces of civil or military arhonfiea, governmental priontim. fires, strikes, Bood, epidemics, wars or
nets provided bar notice of the conditions causing such delay is given to the Purchaser within five (5) days of be
time when the Seller first received knowledge thereof. In be event of any such delay, be date of delivery shall be
extended for the rated equal to the time actually lost by reason ofbe delay.
3. WARRANTY.
The Seller warrants that all goods, asides, materials and work covered by this order will conform with applicable
drawings, specifications, sample, .ndOr Ober descriptions given, will be ❑t far the purposes intended, and
performed with be highest degree of care and competence in accordance with accepted standards for work of a
similar parr. The Seller agrees to hold be purchaser harmless from any loss, damage or expense which the
Purchaser may m[ga or incur on accoum of the Sellers breach of ownway. The Seller shall replace, repair or take
goad, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by be arms army applicable warranty provided by be Sella after be date of
acceptance of the goods f ished hereunder (acceptance not be unreasonably delayed), resulting fiom imperfect
m detective work done or materials famished by be Seller. Acceptance at use of goads by be Purchaser shall no,
coesutua a waiver of my claim under this warranty. Except as otherwise provided in this procham order, the Sellers
liability remainder shall extend to all damages proximately caused by be breach of my of be foregoing wamnria
or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FO NESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes W the terms. other than legal arms, 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 performance 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 pnnlom of the
goods then not shipped, subject to my equitable adjustment between be parties m to any work or materials then in
progress provided bar be Purchmer, ,ball not be liable for my claims for anticipated profts on the wrignplegd
portion of be goods and/or walk, for incidental or wmequerial damages, and that no such adjustment he made in
Favor arrive Seller with rcancer m any goods which are the Sellers standard stock. No such mrmimuon shall relieve
the Purchaser or the Seller army Ofnei, obligations to 10 any Goods delivered hereunder.
). CI -AIMS FOR ADJUSTMENT.
Any claim for adjmtm,m meet be msened within dirty (30) days from be date be change or a,mination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants bar all goods sold hereunder shall have been produced, sold, delivered and famished in son"
compliance rib all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this changer are hereby incorporated herein by dirt reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by be Purchaser or a result of be
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither perry shall margin, number, or convey this order, or my monies due or to become due hereunder without be
prior written consent ofthe other party.
10. TITLE.
The Seller warranu full, clan and unnou icred title to the Purchmer Cot all equipment, matmals, and items furnished
in perfomaance of this agteema t, free and clear of any and all liens, restrictions, graconians, wr unty internal
encumbrances and claims ofobms.
11. NON WAIVER.
Failure of the Purcluser t. ac a, upon strict performance of the terms and wadi. hereof, failure Or delay to
exercise any trips Or remedies provided herein or by law, failure to promptly notify be Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofda design, shall rent release be Seiler of
any of the warranties or obligations of this purchase order and shall nee he deemW a waiver of any right of the
purchaser la insist upon strict performance hacofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of be terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic
c practice, overcharges resulting from antitrust
., violationare in fact bore by the Purchaser. Theretofore, far 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
required under federal or state antifmst laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to comer nonconforming or defective goods by a date to be agreed upon by be
Purchaser and the Sella, and the Seller thereat indicates its inability Or unwillingness to comply. be Purehaser
may came the work to be perfotmaa by b, moat.,did.. memos available to i,, and the Sella shall pay all
cots amarntnd on such work.
The Seller shall release be Purchaser and its embrzctars of any Its, fmm all liability and claims of any came
nulting 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
haectors, olfecrs and employees of such posy.
The Seller's contractual obligations, including warranty, 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 do Sella is required to use my design, device, material or process covered by later, parent, trademark
or copyright, the Seller shall indemnify and save h rrmlas 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 of such
connotation at any time during the prmeeution or after the completion of the work. In cane said equipment, or
My pact berwf m the intended use of the goods, is in such suit held to wnsutua infringement and the me of
said equipment or per, u enjoined, be Seller shall, at its own expense and in its option, either procure for the
Purchaser the right to continue using said equipment or pass, replace the same win substantially equal but
noninfinging equipment, or modify it so it becomes noninGnging.
15, INSOLVENCY.
If the Sella shall become involving or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver err trustee for any of the Sellers property or brines, this order may forthwith be canceled by be
Purchase, without liability.
16 GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all panic hereunder shall be
coustmed under and govemed by be laws of the Stale of Colorado, USA.
The following Additional Conditions apply only in where the Seller is to perfaam work hereunder,
including be services of Sellers Represer arive(s), on becases
premiss creation,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until be same is fully completed and accepted, and shall,
in ease of any accident, destruction or injury to be work anther mor ials unclear Seller's final completion and
acceptance, complete the work ar Settle. own expense and to be satisfaction of be Purchmer. When madvan is
and equipment are fished by others for instillation or erection by be Seller, be Seller shall receive, unload,
store and handle same at the site and become responsible therefor m bough such materi des andter equipment
were being f fished by de Seller under be arder.
I I. INSURANCE.
The Seller shall, at his own expense, provide for b, payment of workers compressions, including Occupational
disease benefits, to its employees employed on or in connection wit be work covered by this purchase order,
ardor to their dependents in accordance wish the laws of be sure in which be work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited W, contractual and automobile public
liability insurance with bodily injury and death limits of ar least $300,000 for my one person, $500.000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise rapture his
contractors, if any, to provde for such compensation and insurance. Before any of fe Sellers or his contractors
cmployws shall do any work upon be promises of onas, beSeller shall Marsh the Purchaser with a rag i&ate
bat such compensation and insurance have been provided. Such certificates shall specify be date when such
compensation and insurance have been provided. Such ratificarn shall specify be dad when such compensation
and announce expire. The Seller agrees that such compensation and insurance shall be maintained until after be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell,, hereby a —a be entire resomsbilily and liability for any and all damage, lam or injury army kind
or nature whatsoever to persons or propmy caused by or resulting from be execution of ties work provided for in
this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any
or all of be Furchmers nMe—, agar and employees Bom and against any and all claims, losses, damages.
charges or expenses, whether direct or indirect, and whMer to persons or p openy to which de Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the pan of d, Seller, any of his
contractors, or any of be Sellers or contractors officers, ages¢ or employees. In coac any suit or other
proccadinge shall be brought against the Purchare, or its officers, aid. o1 employes at any time on account 01
by reason of any act, action, neglect, omission or default of be Seller of my of his comlaztors or any of its or
their offices, agents or employees as aforesaid, the Seller hereby agrees to assume be defense thereof and to
defend the same at be Sellers own expense, to pay any and all casts, charges, ammeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchmer or any of its or their officers,
agents or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon of
obtained against be property of de Purchase, or said parties in or m a result of such suits or other proceedings,
de Seller will at are cause be same to Or dissolved and discharged by giving bond or obera tic. The Seller and
his contractors shall take all safety pr«eutions, famish and install all guards necessary far de patenting of
wardens, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Heald Act of 1970 and all rules and begula imns issued pursuer demo.
Revised 03R010