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HomeMy WebLinkAbout111859 COLORADO DEPARTMENT OF HEALTH - PURCHASE ORDER - 9145204PO PURCHASE ORDER 914520er Page City of PURCHASE 45204 t of 2 ' `tCollins` This number must appear V " on all invoices, packing sli s and labels. Date: 09/10/2014 Vendor: 111859 COLORADO DEPARTMENT OF HEALTH 4300 E CHERRY CREEK DR SOUTH MAIL CODE ASD-AR-B1 DENVER CO 80246-1530 Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 09/09/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Safe Drinking Water Program 1 LOT LS 9,270.00 Annual Fee for 07/01/2014 through 06/30/2015 Total $9,270.00 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.mm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 L COMMERCIALDEfAILS. Tax exemption, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-M502. Fremal Excise Tax Exemption Cenificahe of Registry Rf-60005 W is registered with the Collector of Internal generator, Denver, Colorado (Ref. Coloado R cuien Smmta 1973, Chapter 39-76. 114 hid Good Rejected. GOODS REJECTED due to failure to mcet specifications, either when shipped or due to defects of damage in Ransil, may be reamed to you for credit and are sit of Be replaced except upon main of affluent instructions fmm flue City of ran Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on unit Final Acceptance. Receipt of the merchandise, sernices or equipment in respotsse to this order can fault in larharimd paymen on the pan of the Ciry of Fort Collins. However, a is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, Fmight Tents. Shipments must be FOB., City of Fort Collins, 700 Wood Sr.. Fun Collins, CO 80522, unless otherwise specified on this order, Upermission is given to prepay freight and charge wparoely, the original freight bill most accompany invoice. Additional charges far packing will nor be occupied. Shipment Distance, Where mnnufcmmrs have distributing points in carious puns of the canary, shipment is expected Gam the nearest diodbutlon point to destination, and excess freight will be deductel from Invoice when shipments are made from greater distance. Permits. Seller shall museum al sellers sole cost all necessary permits, cenifhcates and licenses required by all applicable fws, rrgol..riuna, ordinances and rules of the suite, municipality, territory or political subdivision where the work is performed, or raluired by any other duly cfinemted public authority having juridinion over the work of vendor, Seller (other agrees to hold the City of Fort Collins harutres fmm and against all liability and loss incurred by them by Boon of an asserted or established violation of any such laws, regulations, oNiwnces, roles and requircmcms. Amhorivrion All panics to this contact agree that dre rummenurives are, is fat bow file and paring. hall and omplete.,bnnty to bind said warm. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the or. and conditions stated herein set fah and any supplementary or additional terns and conditions annexed hcrato or Incorporated herein by reference. Any additional or different tears and conditions p rpohN by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dale as noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase order and the documents attached hereto. No ots of the Pachwers including, without limitation, acceptance of rental lam de, iveria, shall operate as a waiver of This provision. In the evert army defy, the Punch.. shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding Ibe Seller liable for damages. However, the Seller shall not be liable for damages .as a result of delays due h, enters nos rcnsnnably foreseeable which are beyond its reasonable control and without its flmlt of negligence, such arts (if God, acts of civil or military authorities, govemmental priorities, fires, strikes, flood, epidemics, wars or oars provided that nnfice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when ,Ira Seller first received kmwlaI v thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the If=acmully lost by reason of the delay. 3. WARRANTY. The Seller woman, that all good, aaiclec, materials and work covered by this order will conform with applicable drawings, specifcatime, samples imam offer descriptions given, will be GI far the purposes brandish and performed with the highest degree of care and competence is accordance with accepted smndants for work of a similar nature. The Seiler agrees to hold the purchaser harmless Sam any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warronry. The Seller shall replace, repair or make gaol, without and to the purcluur, any defects or faults arising within one (I) year or within such longer pedoa of rime as may be presented! by law or by the tears army applicable wananty provided by the Sella ate, the date of ocepumc of the good furnished hereunder (accmlmce vat to be unreasonably delayed), resulting from imperfect or def live work done or materials fmished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver ofany claim anchor this wocmnty. Except as oferwiw provided in this purchase order, the Sellers liability hereunder shall extend W all damages proximately caused by the breach of my of the foregoing waramirs or guarantees, but such liability shall in no event include loss of produs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser very make changes to legal terms by writer change fora. 5. CHANGES IN COMMERCIAL TERMS. The Purchahray make any changes o the other than legal mars, including additions toor deletions traintraini the moo tiesuriginally ordered in the specifications or Hawing; by verbal or written change order. If any such change affects the amount due or time of pabommance hereunder, an equitable adjustment sludI be made. 6. TERMINATIONS. The Purchaser may at :my time by written change under, mun inane this agreement as In any or all pfnimes of the gaud then net shipped subject many aparble adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims I'or anticipated profits on the uncompleted portion after goer and/or work, for incidental or consequential damages, and that no such adjustment he made in Laver of the Seller with respect to any goods which art the Sellers standard stork. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjusmem most be awned within Him, (30) days floor the & r Biel change err reommear on is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall Free been produced, said, delivered and furnished in strict compliance with all applicable laws and Material in which the good are subject. The Sella shall execute and deliver such documents as may be acquired m eRect a, evidence complimcr. All laws and regulmiom financed to be, ncorporared in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the parchma harmless tram all costs and damages sufirrtd by the Pu¢hsser 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 became due hereunder without the prior warren cement of the other Party. 10. TITLE. The Seller warrants full, clear and unrestricted ride to the Puchaer for al I equipment. materials, and items famished in performance of this agreement. Gee and clear of my and all liens, munictior:s, reservations, wanry interest ,numb ants and claims fiction. I L NON WAIVER. Failure of the Purchahre 1. insist upon niter performance of Bie tenor and conditions hereof, failure or delay to exercise any rights or comedies Provided brain or by law, failure to promptly notify the Seller in der: even) of a beach, no conclusion, ofor payment for gook hereunder or approval ofthe design, shall not cleave the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the manila er to insist upon strict pert awe uniorm any of its rights or remedies as to any such goods. regaorlas of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase aide, by the Purchase opera. as a waiver of any of Jr, temp bursar. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumhaur recognize that in actual ec no is peace ee, mereatarga resulting form antitrust violations are in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchmtt any and all claims it may now have or hear acquired under formal or sure antitrust laws for such overcharges relating to the particular goods or services purchased at acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct oxrc r burning or defective goods by a &te to be agreed upon by the Purchaser and the Seller, and the Seller thrrealler indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by the mast expeditious means available of it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any wrote resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employers ofsch parry. The Sellers contractual obligations, including warranty, shall at be deemed in be reduced, in any way, because such work is performed or caused to be performed by the Purchase,. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process accord by letter, polar 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 well parroted design, device, material or process in connection with the cmmect, and shall indemnify the Purchaser for any an, expense or damage which it may be obliged to pay by reason of such infringement at any time during the preseculian or alter the completion of the work. In cam said equipment, or any pan thereof or the intended rise of the goofs, is in such suit held to constitute infnuganent and the new of said equipment or pan is enjoined, the Serer shall, it its own expense and at its option, either procure for the Purchase, the fight to continue wing said egnipmal o, pans, replant the same with mboannially equal bur nori ffionging equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent in h:mkmpt, make an assignment for the bereft of creditors, appoint a raceiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Puurchaser wu a l liability. I& GOVERNING LAW. The nature ns ofit. used ar the interyreu real of the vpre roan and the eights of all parties hereunder shall m comme al under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is no perform work formula, including the scrvicrs of Sellers Repraenutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wank at Sellers own fork writ the vase is Billy completed and numerical and shall. in eau of any accident destruction or injury to the work and/or marenak bet Sellers final completion and acceprown. complete the work or Sellers amn expense cad W the arsfaction of the Pumhaset. When materials and equipment am famished by olhers for installation or creation by the Sella, file Seller shall receive, unload, store and handle same at dr, site and became immersible therefor as though such materials anNor equipment were being fumiched by file Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andur in their dependents in accordance with file laws of the sum in which the work is to be done. The Seller ,hall also carry, comprehensive general liability including, but nor limited to, comracual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any accident and property damage limit per accident of S400,000. The Sella shall likewise cquirc his antrucmrs, if any, to provide for such vot prowlion and insurance. Before any of the Sellers or his emtmcmm employees shall do any work fray the premises of others, the Seller shall famish foe Purchaser with a calificae the, such compensation and insurance have been provided. Such emifcates shall specify the date when such compensation and insurance have been provided. Such eci ificates shall specify the date when such compensation and insurance expires. The Serer agrees that such compensation and memories shall h maintained until after the entire work is completed and accepted. in. PROTECTION AGAINST' ACCIDENTS AND DAMAGES. The Seller hereby assumes the rumor rtNmande lay and liability for any and all damage, Isis er injuryof my kind vatme whatsoever to persaw m pmpeny eauw l by remarking from rate execution of the work provided for in this purchase order or in connection hertwith. The, Sella will indemnify and hold harmless the Purchaser and any or all of the Pronforhamor officers, agents and employees from and against any and all claim; losses, damages, charges or expense; whrtur direct or ineirtcr, and whefer to persans or pmpaey to which ,he Parchasa may be pm or subject by reason of my ot, action, neglect, omission or default on the pan of the Sella, any of his mauactars, or my of the Sellers or contractors officers, agents or employees. In raw my suit or other proceedings shall as, bought against the Pochaw,, or its officers, agents or employers at my time on amount or by re4mn of my act action, neglect, omission or default of the Seller of any of his covranors or any of its or their officers, agents or employees in aforesaid, fe Seller hereby appeals to assume the define thereof and to defend the mine at the Sellers own expense, to pay any and all costs, charges, avomeys fees and other expenses, any and all judgmmis that nay be incurred by or obtained against the rurehmer or my of its or foie officer, agents or employees in such sure, of other proceedings, and in caw judgment or other lint be, pineal upon or obtained against the property of the Purchuer, or said parties in or as a result affairs suits or other proceedings, the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, fumiaM1 and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitmom, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereon. Revised 07n(U4