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HomeMy WebLinkAbout117234 UNITED STATES GEOLOGICAL SURVEY (USGS) - PURCHASE ORDER - 9147113PO PURCHASE ORDER 914711er Page Cliy, of PURCHASE 9147113 t of 2 ' `t Collins lines This number must appear \� ` �7 on all invoices, packing sli s and labels. Date: 12/03/2014 Vendor: 117234 Ship To: WATER QUALITY LAB UNITED STATES GEOLOGICAL SURVEY (USGS) CITY OF FORT COLLINS DEPT OF INTERIOR 4316 W LAPORTE BOX 25046 MAIL STOP 415 FORT COLLINS CO 80521 DENVER CO 80225-0046 Delivery Date: 12/03/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price FUNDING AGREEMENT 1 LOT LS 1 ST QTR- 2015 WATER YEAR Water Quality and StreamFlow programs for the period October 1, 2014 - September 30, 2015. 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:purchasingQfcgov.com Total Pay terms net 30 days Invoice Address: 25,362.50 Ali City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenets and Conditions Page 2 of 2 1. COMMERCLV.DEFAILS. Tax exemptimss. By statute the City of Fort Collins is exempt tram state and local W ed.Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcate of Registry g46000587 ls registered with the Collator of Failure of be Purchaser to poor upon said performansx of the terms road conditions hereof, failure on delay to Internal Revenue, Denver, Colorado (Ref. Colomdo Revised Sumter 1973, Chapter 39-26, 114 (a). rxercisc any rights or remedies provided harem or by law, failure to promptly tordly the Seller in the even, of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmrssit, nay be returned to You for debt and are not to be rrylaced except upon receipt of written purchaser to insist upon stud performance hereofm any of in rights or remedies in to any such goods, regardless instructions from be City of Fort Collins. of when shipped, received or occepled, as to any poor or subsequent default hertundrn, nor shall my proportion oral modificauon or racissio s of this purchase order by the Purchquser operate as a waiver of my of the tams Inspection. GOODS ate subject to the Ctry of Fort Collins inspection on arrival. harder. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pm of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize but in round ¢ nomcc practice, meachanges resulting from m[i[mrt ACCEPTANCE is dependent upon completion of all applicable mrpaind inspection procedures. violations are in fat home by the Purchaser. Theron fore, for good cause and or consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser my and all dames it may now lave or hereafter Freight Tams. Shipments must he F.OB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired order federal or state mtivust laws for such overshargex relating to be particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, be original freight purchased or acquired by be Purchaser pursuant co this purchase order. hill most accoinnanv invoice. Additional charees for oackin r will not be occurred. Shipman Distance. Where mazmbturers have distrib des, points in vorrimse, pans of the coun,ry, shipment is expected f be n meat i istribulim point to destination, and excess freight will be deduced f Invoice when shipments arc made from goods, c hounce. permits Seller shall procure at sellers sole cos[ all necessary pemtib, datificalme and lidded, required by all applicable laws, regulation,, ordinances and tales of the state, municipality, territory or political subdivision where be work 0 performed, or required by my other duly coralimted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from all against all liability and loss incurred by them by rwmn of on asserted or established violation of my such laws, regulations, ordinances, roles and mluimardo,. Authorization. All parties to this wntrat agree that the representatives arc, in fact, bona fide and possess full and complete mthortty to bind mid parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the liters; and conditions soured herein set for and tiny supplementary or additional terms and conditions annexed hereto or incorpommd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is error essence. Delivery ab performance met be effected within the time stated on the purchase order and the documenb amelood herein. No acts of be Purchases including, without limitation, acceptance c f partial late deliveries, shall micro, as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable mmedies, the option of placing his order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages res a result of delays due to wusa not reasonably foreseeable which art beyond its reasonable control all without its fault of negligance, such acts ofGod, acts ofcivil or military emlmritia, gamrmnexand priorities, fires, strikes, flood, c mildrua. wars or riots provided Nat notice of the conditions nursing such delay is given to the Purchaser within five (5) days of the time when be Solid first received knowledge thereof. In the event of any such delay, the two of delivery shall be extended for the period equal to be time actually lost by reason of the delay. 3. WARRANTY. The galls, wamn%Nat all good. articles, materials and work covered by this order will conform with applicable drawings, specfications, samples md/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of core and competence in accordance with accepted standards for work of a milar were. The Seller agrees to hold the purchaser harmless from any loss, damage or expend which be Pumloodd may suffer or incur on ocwmt ofthe Sellers breach of m natty. The Seller shall replace, reedit or make good, without cost o be purchaser, my defects or foots arising within one (1) year or within such lodger prod of time as may be praderimil by law or by the it. of my applicable worm ly provided by the Sella after the done of acceptmce of be goods famished hereunder (acceptance not m be, unreasonably delayed), resulting from impeded or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall ram era eque a waiver of any claim under this w.,y. Excerpt as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of my of the foregoing warranties or guavated, but such liability shall in an crdo Melltle loss ofprofid or loss of are. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchueer may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may nmke my changes to be terns, other Nan legal team, including ackboom to or deldiom mom be quantities originally ordered in the specifications or drawings, by veNal or women change order. If any such change arbiters me amount due in tire time of performance hereunder, an equitable adjutmeat shall be made. 6. TERMINATIONS. The Purchaser may al my rime by worm change order, mrnirem Nis agreement as to my of all poc aom of the good then not shipped, subject to my equitable adjuumenc between be parties as to any work or materials then in progress provided that the Purchaser shall not be liable for tiny claims for anticipated profits on be uncompleted portion of the goods anNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my good which arc the Sellers standard stock. No such mtmination shall relieve be Purchaser or the Seller army of their obligations as to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be named within thirty (30) days from the dare the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that sell goods sold hereunder shall have hen produced. sold. delivered and famished in strict compliance with all applimble laws sold regulation to which the goods and, subjet. Thc Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to To ncoryo ated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser hamrlas from all legal and damages suffered by the Purehaser in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written wrrout arms rather party. 10, TITLE. The Seller warronb full, class and smaandard tide to the Pumhaur for all equipment, materials, end items famished in performance of this agreement fine all clear of my and all liens, resoicuens, reservations, security mand, encumbrances and claims afotbers. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimes, the Seller to coned nonemfomring or defective good by a dale in be agreed upon by the Purchaser and be Sella, and Ne Seller thaeaRa indicates its Inability or unwillingness to comply, the Purchaser may cause be work to h performed by be met expeditious means available to it, and the Sella shall pay all curb associated with such work. The Seller stall release the Purchaer and its cmmtactors crusty tier from all liability and claims of my mere retailing from be performance ofamh 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 employees ofmch party. The Sellers contractual obligations, including warranty, shall not be, deemed to be deduced, in my way, because such work is performed or mused in bit performed by the Pmchand. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paten,, trademark or copyright, the Seller shall indemnify and save hatmlas the Purchaser from any and all claims for infringement by reason of the use of such pleated design, device, material or process in connection with be contract, and shall indemnify the purchases for my cost experbe or damage which it may be obliged to pay by reason of such infringement at my rime during the praseanim or after the completion of the work. In ease mid equipment, or any prat thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said egaipmmt or Pan is enjoined, the Seller shall, a1 its own expense and at its option, either procure for the Purchaser the right to continue Bing said equipment or pans, replace the same with substantially equal but noninfr,ong a rapment, or modify it an it becomes nmtiaGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of .editors, appoint e receiver or trustee for my of the Sellers propmy or business, this order may foMoult be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dadm uens of moms used or the interpretation ofthe comment and the rights of all Lanier tartutMer shall be cotawed under and governed by the laws of the Share ofCobmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rprearmative(s), on be prcmisa ofirbad, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until be sann, is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Said s own expense and m the amisfactimn of the Purchased. When materia& and equipment art famished by others for installation or erection by the Seller, be Seller shall receive, mlmd, atare all hade le same al the ate and became responsible therefor as maids such maresials .Nor eryiprrmnt were being lmnisted by the Sella under be older. IS. INSURANCE. The Seller shall, at his own expense, provide for the p yment of workers wmpenmtion, including occupational disease benefits, to its employees employed on or in connection with the, work covered by this purchase order, soldier to chair dependents in accordance with the laws of the stare in which be work u to be done. The Seller shall aho carry comprehensive gmeml liability including, but not limited to, commctml and aulomabile public liability insurance with hMily injury and death limits of as least $300,0p for any one person, $500,000 for my one accident and property damage limit per accident of $400,000. The Seller shall likewise require his ommctors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, be Seller shall Foods the Purchaser with a certificate that such compensation and insurance have been provided. Such debrimm shall specify the dam when such nonperson. and imurmce have been provided. Such ceraficales shall specify be done when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained mill aid the entire work 0 completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire Responsibility and liability for my quad all damage, loss or injury crazy kind or name whownescr to persons or property caused by or resulting from Ne execution of the work provided for in ,his purchase coda or in wnmction herewith. The Seller will indemnify and hold harmless be purchaser and any r all of the Purchasers officers, agents and employed from and against my and all claims, losses, damages. Omegas or expenses, whether direct or indirect, and whether to persons or property on which the Purchaser may be put or subject by aamn of my act, action, neglttt, omission or default on the pm of be Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall b, brought against be Portland, or us officers, agents or employees at my time on account or by ream. of my act, action, nailed, omission or default of the Seller of my of his womdors or any of its or ,heir oDficers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense dinner and to defend be same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgmrnb but may has incurred by or obtained against be Purchasd or my of its or their officers, agents or employees in such suits or other proceedings, mud in case judgment or other lien be placed upon or obtained against be property, of the Purchaser, or mid parties in or as a result ofsuch suits or other proceedings, be Seller will at tint cause be tame to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety predictions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m mfety including, but without limitation, the Comm imal Safety anal Health Ad of 1920 sui all tales and dgulaions issued pursuant thereon. Revised 07R014