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HomeMy WebLinkAbout274975 ANALYTICAL ENVIRONMENTAL LAB INC - PURCHASE ORDER - 3215095PO PURCHASE ORDER 321509er Page CI'h/ of PURCHASE 3215095 1 or z C6rt Cn allnumberes, pacst king ,�—,J`-' ` Collins1 1�7 on all invoices, packing �slips and labels. Date: 01/09/2015 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: 01/09/2015 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 t 2015 Blanket Purchase Order Pollution Control 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 ini[ill � 15,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 JwMilpgatir-ma- w -m of Page 2 of 2 1. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fan Collins 6 exempt form attention local uses. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Carafe. of Registry 84-6000587 is regis ccul with the Collator of Failure of the Purchaser to most upon spiel performance of the team and conditions hermf, failure or delay so Internal Revenue, Denver, Colorado (Ref. Colorado Revisal Sumter 1973, Chapter 39-26.114 (a). kw any rights or remedies provided herein ofby law, failure to promptly notify the Seller in she evens of a beach, not accels. of or paymms far goods banisher or approval of the design. shall not ml. the Seller of Goods Rejected. GOODS REJECTED due a failure for meet specifications, either when shipped or due in defects of my of the wamnties or obligations of this purchase onto and shall not be deemed a waiver of any right of the damage in transit, may he roamed or you for credit and arc not to b, replaced except upon receipt of wnveo Purchaser to insist upon strict Perfmmana haeofor any of irs rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of wham shipped, received or acceptd, as or my Tier or subsequent default Meander, nor shall my suported and modification or rescission of this purchase order by the Purchaser operate in a waiver of my of the tenor Inspection. GOODS are subject to the City ofFort Collins inspection on musical, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this oher can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on The pan of the City of Fort Collins. Howeve, it is to he understood that FINAL Seller and the Purchaser recognize that in actual . is practict, averclai resulting form mtinust u ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violation are in fact theme by the Purchase, Theretofore, far good no. and. comideation for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shimmer¢ must be F.O.B., City of Fort Collins, 700 Wood St, Too Collins, CO 80522, unless acquired under federal or state worm st laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase onto. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various puns Of the country, shipment is If the Purchase directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the contest distribution point to destitution, and excess freight will be dal Gom Invoice when Parch nia and the Sella and the Seller thereafter indicates in inability or unwillingness to comply, the Purchaser shipments are made from greater disuntt, may cause the work to be performed by the most expeditions memos available w it, and the Seller shall pay all coop associated with such work. Profits. Sella shall procure at seller sole cost all necessary, permits, cenifcaea and he. required by all applicable laws, regulations. ordimnces and roles of me state, municipality, ssmmry or political subdivision where the work u pMOr W, of required by my other duly amounted public authonry havingjunsdicuon over the work of vendor. Seller further agrees ro hold the City of Fan Collins harmless from and against all liability and loos incurred by dorm by reason of m moored or established violation of any such lawn, regulations, mnt ors., roles and requirements. Audmrization. All ponies to this commit agree that the rasa utives are, in fact, bons fide and possess full and complete s rflu my to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits temp arem W the If. and conditions oared herein set forth and my supplementary, or additional ¢eras and conditions am and hereto or incoryomted herein by reference. Any additional or di@rent terns and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery date as noted. Time is of the essence. Delivery and performance must be afraid within the time stated On the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, vcceptanee of partial lam delivmes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to=uses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, rats of civil or military authorities, govcmmrnul pnarities, Gres, strikes, Bowl, epidemic, n waor riots provided that notice of the conditions causing such delay is given to the Producer within five (5) days of the time when the Seller Lien received knowledge thereof. In the event of any such delay, the date of delivery, shall ha araided for the pennd eqn d w me time actually lost by mason ofthe delay. 3. WARRANTY. The Sella warsmts that all goods, articles, wermals and work covered by this onto will conform with applicable drawings, >peeifen lions, samples andfm other descriptions given, will Is, fit for free Purposes moue , and pafoermW with the highest degree of core and intermittence in accordance with accepted standards for work of a similar wture. The Sella agrees in bold the purchaser harmleo, form any lass, damage or expense which the Pardoner may suffr er incur on account of me Sellers breach of warranty. The Sella shall replace, repair or make good, without son an the purchaser, my defects or faults arising within one (1) year or within such longer pmod of time ns may be press TM by law or by the terms of my applicable smarmy provided by tM Seller after the date of meeptance of the goods famished hereunder (acceptance Out to be unrcasmably delayed), resulting form imperfect or defective work done or materials famished by the Sella Acceptance or one of goods by the Purchaser shall not oustimte a waiver of any claim under this warranty. Excel as otherwise provided in this purchase order, the Sellers Liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such habil fly shall in no event include lass of profits Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY, 4. 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 m the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in me specifications or drawings, by verbal or wrincn change order. If any such mange mTects the amount due or the time ofperforma me hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at on, time by written change Order, terminate this agreement m to any or all portions of no good then not shipped, subject to my equitable adjustment between the panic as to any work or materials men in progr¢s provided chat the Purchaser shall not be liable for any claims for anticipated preafts on me uncompleted portion of the goad m t work, for incidmul or com i m anal damages, and that no such adjustment be made in favor of the Sella with aspect m my goads which arc the Sellers assailant stock. No such termination shall relieve the Purchase, Or the Sella of my ofineh obligations ar to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss be smened witltin thirty (30) days form the date the change or rc antimmet is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance, All laws and regulations required to ha incorporated in agreements of this character are hereby incorpoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages Buff red by the Purchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, in convey this mto, or my cannot due or in Moore due bereunder without the Iowa wri0en consent afte, other party. 10. TITLE. The Sella waererarltr full, clear and constricted title an the Purchaer for all equipment mstmals, and it. fmished in parbarrearrom of air agreement, Gee and clear of any and all lima restrictions, resmau., semriry interest a cumbes and claims aroth— The Seller shall release dot Purchaser and its contractors of any tier four all liability and claims of any nature resulting from the performance of such work This mi. shall apply even in the man, of fault of negligence of the µarty, mlemed and shall extend to she directors, oRcas and employees ofsuch perry. The Sellefs contractual obligations, including wourni shall not he deemed to be reduced, in my way, because such work is performed or caused to be performed by the forebear. 14. PATENTS. Whenever the Sella is required to use my design, device, material or Francis covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the purchaser form any and all claims for infringement by sawn of the tau of such patented design, device, matand 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 rrnwn of such infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any pan thereof Or the Intended use of the goods, is In such stilt bald to mmtlmle Infringement and the Ucc Of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nanlnfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bardrupt, make an assignment for the bereft of creditors, appoint a receiver or trustee for my of the Sellers propesry or Locations, this ceder may forthwith be canulW by the Purchases without liability. 16. GOVERNING LAW. The defnirions of feats used or no, interpretation ofthc agreement and the rights of all parries, haetmder shill be camwed under and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply ondy is cases where the Sella is co perform work hereunto, including the service of Sellers Raprexnaliceffl, an Ilre premiss ofothera. 17, SELLERS RESPONSIBILITY. The Sella shall carry on mid work at Sellers own risk mtil the same is fully completed and acceptd, and shall, in cap of any accident, deduction or injury to the work mdfor materials before Sellers final completion and acceptance, complete doe work at Sellers own expense and to the mrisf mien of no Purchmer. When rmtmals and equipment are famished by .,has for imullarion Or erection by the Sella, the Seller shall receive, unload. store and handle sumo at the site pad become responsible therefor as though such materials and/or equipment were being famished by the Seller under the coda. 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 connection with the work covered by this purchase order, and/or to their dependents in ucOrdmce with are laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, mntnctul pad automobile public liability insurance with bodily injury and death limits of m heart S300,00o for any Ore person, S500,000 for any accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if my, to provide for such mmpen lion and maxima, Before my of the Sellers or his contractors employees shall der my work upon the pronisa of others, me Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such aniffata shall specify me doe when such mespemation and insurance have been provided Such rertifates shall specify the date when such ..,.,a. and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained.61 aft", entire work is completed and small 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby nsoume, One entire responsibility, and liability fm any and all damage, loss or injury of my kind or mnue whatsoever to persons Or property acted by or resulting Each the exemttion of the work provided for in this purchase mda or in comardi. herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pumhmers officers. agents and employees form and against any and all claims, loom, damage, charges Or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by rason of my act, action, rental, omission or default on the part of the Seller, my of his centncom, err my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against me Purchma, or its mlicers, agents or employees at any time on account of by reason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its or their effects, agents or employ., as aforesaid, the Sella hereby agrees to assume the defense themd and to defend the some at me Sellers own expose, to Pay any and all costs, charges, summers fees and other expenses, my and all judgments that may be incurred by or obumed against the Purchaser or my of its or their officers, agents or employees in such suits or other proaeelings, and in case judgment at otheer lien be placed upon or obtainal against the property of the Purchtes, or mid parties in of in a fault of such suits or other proceedings, the Sella will at once cause the mine to be dissolved anal diulumed by giving bond or othemise. The Sella and his emtrecons shall take ell orrery precautions, furnish and install all guards mctmry for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1920 and all cola and regulations issued pursuant thereon. Revised 07n014