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HomeMy WebLinkAbout274975 ANALYTICA ENVIRONMENTAL LAB INC - PURCHASE ORDER - 3214228 (2)PO PURCHASE ORDER 321422er Page C117/ of PURCHASE 3214228 1 of z F6r} Collins This number must appear !�_J`-' ` on all invoices, packing sli s and labels. Date: 07/24/2014 Vendor: 274975 ANALYTICA ENVIRONMENTAL LAB INC 12189 PENNSYLVANIA ST THORTON CO 80241 Ship To: POLLUTION CONTROL LAB CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 07/09/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Additional funds,added per requisition 47659 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 LS 4,500.00 Pay terms net 30 days 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 DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colomdo (Ref. Colorado Revised Statutes 1973, Claasic, 39-26, 114 fid Good Riedel. GOODS REJECTED due m failure to meet specification, either when shipped or due to defeca of damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of weimen instructions from the City of Eon Collins. Inspection. GOODS are subject m the City of port Comma inspection on arrival. Final Acceptance. Receipt of the merchandise, somices or equipment in respeam to this order can resell in authorized payment on the pan of the City of End Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Team. Shipments most be F.O.D.. City of Fear Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise speci Gad on this order If permission is given to prepay freight and charge separately, the original freight bill mat accomoanv invoice. Additional charges for wekine will not be occurred. Shipment Distnnc,. Where manufacmrets have distributing points inrs pans .1 fie couwry, shipment is expected from the nearest distribution point In destination, and excess freight will be deduced from Invoice when shipments are made from gmabor distance. Permits. Seller shll procure 51 sellers sole cosy all necessary permits, careificaes and licenses taluiM by all applicable laws, regulations, ordinances and toles of the state, municipality, temtory or political subdivision where the work is performed, or re rm l by any other duly constituted public authority having junwhaiou over the week of vendor. Seller further agrees I. hold the City Of Foa Collins harmless farm end against all liability and loss ed by them by reason of as useaal nr established violation of any such laws, regulations, ordinances, miss incurred ndrerequirements. Authorization. All parties to this contract agree that the repmxmalives are, in firm, bona fide and possum full and complete authority to bind mid panics. LIMITATION OF TERMS- This Purchase Order expressly limits receptors, to the or. and conditions sated herein set forth and any maolemmmry or additional lento and conditions mmexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTitem Jiamly ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the mamce. Delivery and performance mast be effected within the time anted on the purchase order and the documents touched hereto. No acts of the purcicaeers including, without limitation, acceptance of paaial late deliveries, shall operate as a waiver ofthis pmvuion. In the event army delay, the Purchaser shall have, in addition to other legal and equitable managers the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not romonably foreseeable which are beyond its rexsomble courmi and without its fault of negligence, such as of God, .,is of civil a military authorities, groan mermal priorities, Tres, stakes, flood, epidemics, wan or rims provided that notice of the conditions causing such delay is given an the Purchaser within five (5) days of the time when the Seller fiat received knowledge Hereof In the event of any such delay, the &to of delivery shall h extended for the rated equal ro thc time actually lost by reason of the delay. 1 WARRANTY. The Seller variants that all goods, articles, materials and work covered by this omen will conform with applicable drawings, specifications, samples scoria other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a onflor aware. 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 warranty. The Selleq shall replace, repair or make good, without cost to the purthaxr, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law Or by the terms of my applicable warrdnry Provided by dot Seller after the date of acceptance of the goad fumisbal hereunder (rcceptanre rot to be unreasonably delayedh resultirg from imperfect or defective work done or materials fumlshal by the Seller. Acceptance or use of good by the Purchaser shall not o.umte a waiver of any claim render this commonly. Except as mheruim provided in this purchase Omer, the Sellers liability, hereunder shall extend to all damages proximately mused by Be breach of any of the becoming warranties or guarantees, but such liability shall in no event include loss of pro0s or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI TALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal terms by women change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teams, 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, as 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 Witions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not the liable for tiny claims for anticipated prefix on the uncompleted Wniw of me goods i ngm wadi, for incidenel or conscNential damages, and that rot such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such ermimlion shall relieve the Purchaser or the Seller ofany aftheir obligations as to any good delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for ndjntment tout be awned within d rry (3h) days from the it.,, the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller woman. that all grads sold heeundea shall have bran produced. sold, delivered and f lsh in strict compliance with all applicable laws and regulations 0 which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulatioas required to be incorporated in agreements of this character are hereby incaryomted 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 romey this order, or any monies due or to become due heremorda without the prior women ..am of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all cluipment, materials, and items furnished in performance of this agreement, free and clear of any and all he., restrictions, esecmi.., security interest encumbrancer and claims aromas. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the temss and carchhow, hereof, failure or delay t. exervise any rights or remedies provided herein or by law, failure to promptly notify the Seller fo the event of a bousch, the ac<epan r, of or paymtear far goods hereunder or approval ofthe design, shall mo release the Seller of any of the xanandies or obligations of this Purchase We, and shall nor be deemed a waiter of any right of the purchaser to ireisr upon stria performance hertofor any of its rights a remedies as to any such gends, regardless of when shipped, received or camped, as to any prior or subsequent default hereunder, nor shall any purposed am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser r-O,i- that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigm to the purchaser any and all claims it may now hmx or hereafter acquired umea federal or sate antitrust laws far such overcharges elating to the portioular goods or Services purchased ar acquired by the Purchaser pursuant In this parch e. order. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direst, the Seller to comet naneanf vaimp or detective goods by a date to be agreed upon by the Purchaser and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be Performed by the most expeditions worm available to it, and the Seller shall pay all corn assnem ust with such work. The Seller shall release the puchaser, and its rontraamrr, of any tier from all liability and claims of any namm reaching from fin, performance of such work. This reform ahmll apply even in the event of fault of ncgligam of the puny released and shall extend to the directors, offices and employees.(such party. The Seller's contractual obligations, including warrants, shall not be deemed to be reduced, in any way, became such work is pwhormed or cursed to the performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchrea from any and all claims for infringement by reason of the use of such Fatewed design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged In pay by mason of such 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 ore of the good, is in such suit held to constimm infringement are the see of said equipment or pan us enjoined, the Seller shall, m its own expense and at its option, either Fortune for the Purchaser the right to continue using said equipment or pans, replace the same with subs croodly equal but nonlnfnnging equipment, or modify it so it becomes amninGnging. 15. MSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bandit of creditors, appoint a mocre, or waee for any of the Seller's property or business, this racer may forthwith be canmlcl by the c Puhaser without liability. 16. GOVERNING LAW. The definitions, of terms used or the interpretation of the agreement dad the rights of all parties hereunder shall he in mtrued under and g warri by the laws oftbe Sam of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perf tut work hereunder, u including the services of Sellers Reprentntive(sk on thpremises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, i in case of any accident, destruction or injury m me work and/or wmeriffi bee Sellers final complain. and mreptaace, complcac the work at Sellers own expense and to the solisfaction of the Puehaer. When materials and equipment are famished by others for immigration or erection by the Seller, the Seller shall ecdve, unload, store and handle same re the site and become responsible therefor as though such materials anger equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for fte paymenl of workers compensation, including occupaiw al disease benefits, to its employees employed on or in connection with the work covered by this purchas order, and'or to their dependents in scmrdanee with the laws of the stale in which the work is to be done. The Seller shall also carry compehemive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at man i100,000 for any one person, S50g000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his 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 famish the Purchaser with a cent ficme that such compensation and insurance have been provided. Such certificates shall specify the date when such ompematian end announce have been povided Such ceaifams shall specify the date when such compensaion and examrme exports. The Seller agrees that such compensation and insurance shall be neinained wail after the entire work is completed mad occurred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agend agents aemployees from and against any and all dims, losses, damages, harges or espemes, whether died a indiral, and whether to persons or porWrty to which We Purehucr may be pm or subject by reason of any act, action, neglect, omission or default m the Trod of red Seller, any of his contractors, or my of the Sellers at contractors officers, agents or employees. In eau any suit or other proceedings shall be Ismailia agai.uhe Pur haser, or its.Rears, 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 mAc us, agents or employees u aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the vme .1 he Sellers own expense, o pay any and all casts, charges, attorneys fees and other expenses, any and all judgments cast may he incurred by or obtained against the Purchaser or any of its or their afters, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obmimd against the pmPerrY ofthe Purchases, or said parties in err to a feint of such suits ar after macedurgs. the Seller will at once cause the same ao h dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall like all safety Panamaiom, fum¢h and install all guards necesary (m the prnxnrian of accidents, comply with all laws and regulators with regard to safety, including, but without Ii nation, the Occupational Safety and Health Act of 1900 and all toles and regulations issued pursuant thereto. Revised 07=4