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HomeMy WebLinkAbout499991 COLORADO HEALTH MEDICAL GROUP - PURCHASE ORDER - 3215190PURCHASE ORDER NumberPO Page City of PURCHASE 321519215190 t or z CollinsThis number must appear] V on all invoices, packing �slips and labels. Date: 0111212015 Vendor: 499991 COLORADO HEALTH MEDICAL GROUP PO BOX 732031 DALLAS TX 75373-2031 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Suver: 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 1 2015 Blanket PO 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 30,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By some the City of Fon Collins is exempt from sore and IOW taxes. Our Exemption Number is 98-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000599 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may he returned to you for credit and are rot an be replaced except upon receipt of written instructions form the City of Fon Collins. Ir s romimi GOODS are subjen ro the Ciry of Fon Collins inspection on arrival. Final Acceptance_ Receipt of the merchandise, se r equipment in response to this order can result in auhonmd payment on the pan of the City of Fort Collins. However, it is to be undermmd thatFINAL ACCEPTANCEisdependentuponwmple6onofallapplicablere mu inspectionprocedures. Freight Terms. Shipments must be F.O.B. City of Fon Collins, 700 Wood Se, Fort Collins, CO $0522, unless otherwise specified on this order. Ifpentrission is given to prepay freight and charge separately, the original freight bill must accomoanv invoice. Additional charges for backing will not be accepted. Shipment Dlrtance. Where manufacturers have diwflaring points in us parts of the country, shipment is expected from the nearest downbumer point to detonation. and excess fright will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, conforms and licenses required by all applicable laws, regulations, commodes and rule of tie state, murvcipal try, temtory or political subdivision where Me work is performed, or required by any other duly mnatituted public authority having jurisdiction over the work of rodor. Seller mother agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by room by reason of an assened or established violation of any such laws, regulations, ordinances, roles ad requirements Authorication. All parom to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly tunics acceptance to the moms and conditions srmed herein set foM and any supplementary or additional arms and commions annexed heard or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby relecmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete thiprrent to arrive an your premised delivery date as noted. Time is of the essence. Delivery and Performance most be effected] within the time stated on the purchase order and the documents amached hereon. No acts of the Purchasers including, without limitation, acceptance of partial are delivenes, shall operate as a waiver of this provision. In the event of any delay, Me Purchaser shall have, in addition mother legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reamnably foasttable which are beyond its reasonable control and without its fault of negligence, such arts of God, acts of civil or military eu ionties, gmemmdeard pdonties, fire, strikes, Bmd, epidemics, wars or hots povided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the Period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by Nis order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for me purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold Me purchaser harmless from any loss, damage or expense which the Purchaser may suffer or mouton accowr of the Sellers breach of oom anry. The Seller shall replace, repair or make good, without cost to the purchased any defects or faults ansing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable waranry provided by the Seller after the due of acceptance of the goods furnished hereunder (acceptance not be mormanably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constiute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ill damages proximately caused by the breach of any of the foregoing ..a.m or gumantess, but such liability shall in no event include lass of pmfirs or loss of use. NO IMPLIED WARRAIYFY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL 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 arty changes to the terms, other Nan legal terms, including additions to or deletions from me quantities originally ordered in Me specifications or drawings, by verbal or wnnen change order If my such change affects the amount due or the time of perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Publisher may in any time by women change order, terminate this agreement as many or all pcwiorts of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or nationals then in progress provided that tie Purchaser shop not be liable rot any claims for anticipated pmfvs on the wcomplred portion of me goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller win respect to any goods which are Me Sellers standard stock. No such termination shall relieve Me Purchaser or the Seller of any of heir obligations as to any goods delivered herewder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam Me change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wanton. char all good sold hereunder "I have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods me subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m 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 suffered by the Purchaser as a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrimen consent of tie other parry. 10. TITLE. The Soler warrants full, clear and w rdatioted one to the Purchaser for all cqufpment materials, and items famished in performance of this agreement free toad clear of any and ill liens, restricrions, reservations, secant, interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to werva upon strict perfomance of Me team and conditions hereof, failure or delay to y rights or remedies provided heron or by law, failure to promptly notify the Seller in the event of a breach, my acceptance of or payment for goods hereunder or approval of the design, shall not release the Sel let of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of tie purchaser to insist upon stria perfic mence hereof or any of its rights or remedies as in any such goods, regardless of when shipped, received or accepted, as to any prior or substyuetnt default hereunder, nor shall any puryoned od modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams hereof, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual eco mie practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser, Theromf ore afar good souse and az consideration for executing this purchase order, the Seller hereby azsigtw to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods 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 eorece aonconformfug or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unxillinposta to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shill pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any her from ill liability and claims pf any nature esulring from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sellers conuazwel obligations, including warrants, shill not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by liner, patent, trademark or copyright, the Seller shall indemnify and saw harmless the Purchaser from any and all claims for infringement by reason of the use of such pmented design, device, material or process in connection with the contract, and shall indemnify the Purchase, for any cost, expense or damage which a may be obliged to pay by reason 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 use of the goods, is in such suit held to romance infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and m its option, either procure for the Purchaser the right to continue using said equipment or par¢, replace Me same who substantially equal but noninfringing equipment or modify it m it becomes mninfrmV ng. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a Pumor truse for any of the Sellers property or business, this order may forthwith be canceled by the teharer without liability. 16 COWRVING LAW. The definitions of corms used or the interprenrion of the agrwrnew and the rigors of all Parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the servicasof Sellers Repowermajo fs), on Me premisesofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until Me same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase¢ When materials and equipment are famished by others for irradiation or erection by the Seller, tie Seller shall receive, wload ,.no and handle same at Me site and become responsible therefor as though such materials motor equipment were being furnished by Me Seller under Me order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, w its employees employed on or in connection with Me work covered by this purchase order, and/or to their dependents in accordance with Me laws of tie some in which the work is to M done. The Seller shall An carry comprehensive gmeil liability including, but not limited to, contractual and automobile public liability insurance rom bodily injury end death limits of at least $300,00) for any one person, 5500,0.ro for any one accident and property damage limit per accident of $400,000. 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 thall famish the Purchaser wish a certifeate that such compensation and insurance have been provided. Such certificates shill specify Me date when such compensation and insurance have been provided. Such certificares shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after Me entire work is completed and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rernmeadiliry and liability for any and all damage, loss or injury of any kind or nmure whatsoever to Former, or property caused by or resulting from Me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess Me Purchaser and any or all of the Pumhaers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may Far put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contncrors, in any of the Sell. or contractors officers, agents or employees. In case my suit Or other proceedings shall he brought against the Purchaser or its officers, agents or employees ar any time an account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or arty of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume tie defense thereof and to defend the same at the Sellers own expense, to pay any and all cosy, charges, attorneys fees and other expenses, any and all judgments that may be inured by or obtained against Me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lion W placed upon or obtained against the property of the Purchaser, or said parries in or as a result of such suits or other proceedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ill safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all bales and regulations issued pursuant thereto. Revised 01I2014