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HomeMy WebLinkAbout461367 WORKWELL OCCUPATIONAL MEDICINE - PURCHASE ORDER - 9140372 (3)PO PURCHASE ORDER 914037er Page C117/ of PURCHASE 9140372 7 of z C6rt Collins This number must appear ,1V`-1 ` 1 , on all invoices, packing sli s and labels. Date: 06/17/2014 Vendor: 461367 WORKWELL OCCUPATIONAL MEDICINE 205 S MAIN ST SUTE C LONGMONT CO 80501 Ship To: RISK MANAGEMEN DIVISION CITY OF FORT CqLLINS 215 N MASON,,2ND FLOOR FORT COLLI S CO 80524-4408 Delivery Date: 01/14/2014 / Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF G090S AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUN SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM) OF SU H GOODS AND/OR SERVICES. Line Description /Quantity UOM Unit Price Extended Ordered Price 5 Work Well Drug & Alcohol Testing 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 1 LOT EA 15,000.00 Total 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. COh1MERCIALDEfA1LS. Tax exemption. By samm the City of Fort Collins a exempt from sate and local luxe. Our Exemption Numbs is mfO4502. Federal Excise Tax Exempriw Certificate of Registry M-6000587 is tegincrd with the Calimmr of Internal Revenue, Denver, Colorado (Ref Colorado Revised Su err i 1973, Chapter 39-26. Ile (a). Goods Repaint. GOODS REJECTED due to failure to meet specification, enter when shipped or due to defects of damage in transit, may be scant to you for credit and are bar lobe replaced except upon receipt of wainm instruction from the City of Fort Collins. Inspection. GOODS are subject o fe City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equpment in response to this order can result in autborired payment on the pan of the City of Fort Collins. However, d is to be understood that FINAL ACCEPTANCE is dependent upon completion cf all applicable required inspection procedures. Freight Tenn. Shipments must be EO.D, City of Fon Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwro, specified tin this order. Ifpemiisom is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Doormer. When in nufarmrers have dou bating points in various pans of the country, shipment is expected front the nearest distribution pain to destination, and excess freight will be deducted from Invoice when shipments rare made from gmmer distance. Permits. Seller shall pruome at sellers sole cost all necessary permits, berificme and linmcs rtquiml by all applicable laws, regulations, ordinances and rules of the sate, municipality, monitory or political subdivision where the work is prformed, or required by arty other duly contimied public authority havingjurisdiction over the work of vendor. Seller fanher agrees to hold the City of Fort Collins hvmless from and against all liability and loss =urnrl by them by regain of an asserted or established violation of my such laws, regulations, ordinances, rules and requirements. Authoritarian. All ponies to this comma agree that the representatives are. in fact. boy fide and possess full and omplete 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 tams and conditions annexed hereto or incoryomted herein by reference. Any additional or different terms and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdimely Ifyou cannot melee camping shipment la arrive on your promised deivery date az noted Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of rho Purchasers including, without Intonation, acceptance of partial late deliveries, shall urinate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and tyt itabl, ran ahm. the option of placid, this order elsewhere and holding the Seller liable for damages, However, to Seller shall not be liable for damages ss a result of delays due to causes not reasonably foreseeable which are beyond its mumbable control and without its faun of negligence, such acts of God, ocs ofcivil or military authorities, govern anvil priorities, fires, inches, Bond, epidemics, wars or riots provided that notice order conditions causing such delay is given to the Purchaser within Eve (5) days of the time when the Seller first received knowhdge thereat In the event of any such delay, the date of delivery shall be extended for the penal equal to the time actually lost by reason ofee delay. 3. WARRANTY. The Seller ..is that all good, articles, matemb and work coverd by try order will conform wit applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purpose intended, ad peformed with rbe highest degree of care and competence in accordance with accMust staMards for work of a similar vote. The Seller ounces to hold the purcMur harmless from any loss, damage or expose which he Purchaser may suffer or incur on account of the Sellers brnch ofw'arrenty. The Seller dull replace, repair or make good, without cast to the pummen, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warmmy provided by the Seller after the date of mempance of the goods famished hereunder (acceptance not to be unreasevbly delayed), resulting foim imperfect or defective work done or materials famished by he Seller. Acceptance or use of goods by the Pumhzser shall not constitute a waiver of my claim under his wamanry. Except as ofheneiu provided in this purchase order, me Sellers liability hereunder Shall extend to all damages proximately caused by the breach of any of the foregoing warmnties or guamntees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MHRCI]ANT ABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. e. CHANGES IN LEGAL TERMS. The Purchaser may mrke changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchmer may make any changes a the rem¢, other than legal tens, including odditions to or deletions from the quanrilies originally ordered in the spmification or drawings, by verbal or wren change order. If any such change afree. the amount due or the time ofperfomanre hereuMer, an equitable adjustmem shall be made. 6. TERMINATIONS. The purchaer may at any time by wren change order, iermirute this agreement as many or all portions of the good then vat shipped. subject to any equitable abutment between the pries ss to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated Profits on he uncompleted potion of the good and/or won. for incidental or consequential damage and that no such adjustment be made in favor of the Seller with respect to my good which on, the Sellers standard stock. No such mmtination shall relieve the Purchaser or the Seller of any ofheir obligations az to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT, Any claim for adjustment most be sorted within thirty (30) days from the date the change or temti=ti m is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Ent all goads sold hereunder shall have been produced, sold, del'obbed and Potnishd in snip o a,liance will, ell applicable laws and regulations to which the goods am subject The Seller shall execute and deliver such documcns 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 harmless from all costs and damages s.f'bmd by the Dutchman, az 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 m beconrc due hemuder without he prior written eonenl ofhc other, perry. 10. TITLE. The Seller wmmnts full, clear and wreslrined title to the Purchun r for all equipment materie b, aud items thumbed in perfrmc egrerna of Nis ren, and cleaer of any and all lien, resEcriom, observations, securitysecuritym over encumbmnceand claims o f others. 11. NONWAIVER. Failure of the WrtM1aur to insist upon snict performance of the tents and conditions hereof, failure or delay to exercise an y rights or remedies Provided herein or by law, failore to promptly notify the Seller in the event of a b r®ch, the acceptance ofor payment for good hereunder or ar,ro al of the design, shall nor release the Seller of any of the warranties or obligations of this memo, order and shall not be deemed a waiver of any right of the purchaser to insist upon stria pert once hereof or any of its rights or remedies az many such good, regadless of when shipped, recenmil or accepted, as in any prior or subsequent default hereunder, not shall any pup ro d oral codification or rescission of this purchase order by the Purchaser operate as a waiver of any of d o tams hector. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic pointer, ovemharges resulting from import violations art in tat home by the Purchaser. Tbro mfore, tfotgood cause and as consideration for executing this Purchase order, the Seller hereby assign m the Purchaser any and all claims it may now have or hereafter acquired under federal or slate contrast laws for such overchmges telating to the ranicumr sand 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 correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and to Seller thereafter indicates is inability or unwillingness to comply, the Purchaser may wax the work to be perfumed by he mosr expeditious means available to it, and the Seller shall gay all coats associated with such work. The Seller shall release the Parchsser and is conmem. of any tier, from all liability and claims of any nature resulting from he performance afsuch work. This release shall apply even in the exert of fault of negligence of the Party released and shall extend in the dhecmrs, olficen and employees ofsuch party. The Sellers contractual obligations, including warranty, shall riot be dremed to be reduced, in any way, because such work Is performed or caused w 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 indenmity and save harmless the Purchaser from any and all claims for minuteman by reason of the use of such patented design, device, material or going, in connection with the named, and shall indemnify the Purchaser for any cost. expense or damage which it may he obliged m pay by reason of such infringement at any time during the prosecution or after me completion of the work. In case said equipment, or any pan term!or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pont., the right to a hour main, said equipment or parts, replace the same with substantially equal but noninfiinging equipment, ,,.Wiry it s, it becomes noninfirmon,. 15. INSOLVENCY. If to Seller shall became involving or bankrupt, make an assigmvn for the benefit of creditors, appoint a unniver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the M Purcwithout liability. in. GOVERNING LAW. The definition ofterms ass d or the interpretation of the agreement and the rights ofall Partin humbler shall he co mined under end gavemed by the laws ofilm Stara afC.Ibvm. USA. The following Additional Conditions apply only in crobs where he Seller is to perform work hereunder, including the sluices of Sellers Represenmarm(s), on d o pmnnex of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Seller's own risk until the same is fully completed and accepted, and shall, in u of any accident, deswnion or injury, to me work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to he satisfaction of the Purchaser. When materials and equipment are famished by others for instillation or erection by the Seller, the Seller shall rmeive, unload, store and handle same at the site and become responsible therefor as though such mmedaB mdrar equipment were being Pomished by the Seller under 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 connecion with to work covered by this purchase order, maker to heir depends ns in accordance with me laws of to state in which he work is to Or done. The Seller shall also carry comprehensive general liability including, but not limited to, mnmctvl and automobile public liability insurance with hounly injury bid death limits of at lent S3 W.pp for any one Person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his comranon, if any, to provide I'or such compemation and insurdnce. Before any of the Sellers or his contractors employees shall der any work upon the premises of others, he Seller shall famish the Purchaser with a certificate but such cooper union mail insurance have been provided. Such ce tifimtes shall specify the date when such compensation and insurance have been provided. Such ttnifcams shall specify the date when such compensation sing insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after he can. work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ressurnest he entire responsibility and liabilityfor any and all damage, loss or injury army kind or=lure whaBomer to persons or progeny ranged by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify mid hold hamaless the Purchaser and any cr all of he Purchasers officers, agents and employees four and against any and all claims, losses, damages, harges or expenses, whether direct or inducer, and whether to persons or property to which the Purchaser 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 Sellers or contractors officers, 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 any of his conlontars or any of its or their oRcess, agents or employees as aforesaid, he Seller hereby agrees to resume the defense thereof and to defend the mine at the Sellers own expense, to Pay any and all costs, charges, attorneys fees and other expenses, any and all judgment, that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit, or other procedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at mum cause me come to he dinadi d and discharged by giving band or otherwise. The Seller aud his communion shall rule all safety precaution, famish and install all guards necegury, for the prevention of accidents, comply with all laws and regulations with signed to safety including, but without Bringing, the Occupational Safety and Health Act of 1970 and all mles and regulation iuud pursuant tart rs Revised 03aOU)