HomeMy WebLinkAbout111859 COLORADO DEPARTMENT OF HEALTH - PURCHASE ORDER - 9150552PO
PURCHASE ORDER 915055er Page
�'I�/ of PURCHASE
50552 t or 2
' `tCollins( This number must appear
` v on all invoices, packing
sli s and labels.
Date: 01/23/2015
Vendor: 111859
COLORADO DEPARTMENT OF HEALTH
4300 E CHERRY CREEK DR SOUTH
MAIL CODE ASD-AR-B1
DENVER CO 80246-1530
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 01/22/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Annual Acct for Misc. Permits
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
43,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
er Terms and Conditions Page 2 of 2
1. COMMERCIAL DE ABS.
Tax exemptions. By suture the City of Pon Collins is exempt firm state and local taxes. Our Exemption Number is
984K502. Federal Excise Tax Exemption Cenifi,me of Registry 84.6000587 is registered with the Collector of
Intemel Revenue, Deaver, Colorado (Ref. Colorado Revised Surmes 1973. Ctapter 39-26. 114 (M.
Goods Rejected. GOODS REIECTED due to failure to meet spat Editions, either when shipped or due to defects of
damage in transit, may be rearmed to you for credit and arc not to be replaced wept upon rmcipt of written
instmctlon, from the City of Fort Collins.
inspection. GOODS are subject to the City of Fan Calllrs Inspection on anivel.
Final Acceptance. Receipt of the merchandise, se ca r equipment in response to this order n result in
authorized payment on We pan of the City of Foe Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.OB.. City of Fon Collins, )oil Wood SL, Fort Collins, CO 80522, unless
Mtruwiw specified can this mda. Wpermission is given to Prepay freight and charge separately, the original f igh,
bill most accompany invoice. Additional charges for packing will not be accepted
Shipment Distance. Where manufacturers have distributing points in various pans or the country, shipment is
expected from the nwrest distribution point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cerifcata and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller f o ear, agrees to hold the City of Pon Collins harmless from and against AI liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinaries, rules
and requirements.
Authorization. All parties to this contract agree that the representatives me, in fact, bona fide and posseas full and
nn,lem authority to bind said parties.
LIMITATION OF TERMS. This Pmclnue Order expressly limits acceptance to the humans and conditions scared
herein set fonh and any supplementary or mWitional tarns and conditions annexed hereto or into,mated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby Mend.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery dam as noted. Time is ofthe essence. Delivery and performance mutt be efRned within the time
stated on the purchase order and the documents attached hereto. No acts of Me purchasers including, without
limitation, nerepmnce ofpanial lair ddivma, shall operate as a waives of this previ,im. In the evens of any dray,
the Purchaser shall have, in addition to other legal and equimble remedies, the option of placing this order elsewhere
and holding ,he Seller liable for damages I{owever, the Seller shall not be liable for damages as a result of delays
due m causes not reasonably foreseeable which are be,and its reasonable control and without its had, of or,li,com,
such acts of God, erns ofetvtl or military authorities, governmental priontles, fires, strikes, Rood, epidemics, was or
riots provided that notice of the conditions causing such delay is given to the Purchaser within Rive (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 pcnd al to the time actually lost by reason afthd delay.
3. WARRANTY.
The Seller warrants thin all goods, articles, malerials end won covered by this order will conform with appheable
drawings, specifications, samples anNor other descriptions give, will be fit far the purposes intended, and
Performed with the highest degree of cart and wmpetence in mcodance with accepted standards for work of a
similar nature. The Sella agrees to hold the purtima harmless from any loss, damage or expense which the
Purchaser may sofa m incur on account of the Sellers breach of wn.ty. The Sella shall replarn, repair m make
good, without cost to the purchasq ➢try defects or faulu arising within one (1) year or within such longer period of
time us may be prescribed by law or by the terms of my applicable warranty provided by the Seller older the date of
acapmnce of the goods fmisbed hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defmlive work done or marmots Rimishd by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise Provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of tiny of the foregoing wroorroa
or guarantees, but such liability shall in no event include loss ofprofts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wriden change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the lar s, other Ihm legal tams, including additions It, m deletions fmm
the quami,iu originally ordered in me sped ficatiom or drawings, by verbal a wrinen change order. If any such
change affects the amount due or hie time of saformence hereunder, an equitable achuument shall he made.
6. TERMINATIONS.
'Do, Purchaser may at any time by written change coda, taturrom this agreement as to any or all ponions of the
goods then not shipped, subject o any equitable adjustment between the parties in to any work or materials then in
pargrss provided that the Purchaser shall not be liable for any claims for anticipated pro is on the uncompleted
portion ofthe goads and/or work, for incidental or consequenlial damages, and slut no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers sandard stack. No such termination shall relieve
the Purchaser or the Sella of my oftheir obligations us m any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjusmenl most be acsald within thirty (30) days from the date the change of lamination Is
ordered.
R COMPLIANCE WITH LAW.
The Sella warrmts that all goads sold herctuMa shall have been produced, sold, delivered and furnished in satin
wmpliance with all applicable laws and regulations to which fie goods are whjcet. The Seller shall 1mv.u, and
deliver such documents astray be "toed to effect or evidence compliance. All laws and regulations required to be
ncorpauted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify end hold the Purchaser harmless from ell casts and damags suffered by the Purchaser as a noad, 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 become due hereunder without the
prior wrinen consent of the miner party.
10. TITLE.
The Sella, wamnra full,dense and umesvietal title to the Purchased all gair., materials, and items furnished
in pdrim tt of Wis agremem, f and clear of any and all liens, wan icuons, reservations, smarmy interest
eacumbomes and claims o f others.
II. NONWAIVER.
Failure of the Purchaser m insist upon strict performance of the tenets xrrd conditions hereof, failue or delay m
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofar payment for goods bereundnder or ep,.I off. design shall —1 release the Seller of
any of the warranties or obligations of this purchase order and shall trot he dcemd a waiver of any right of the
purchaser to insist upon strict pafnrmmce haeofm any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported
oral modifirmicn or rescission of this purchase order by the Purchaser operate as a waiver of my of the rem¢
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize Nat in actual economic practice, overcharges resulting from antitrust
violations am in fact home by the Purchaser. Theretoforeforpodcause and as consideration for executing this
purchase order, the Seller Imeby assigns to the Purchaser any and it claims u may now have m hereafr
acquired under federal or sure antitrust laws for such overcharges relating m the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If We Purchaser dimess the Sella to correct nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Sella, add the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to he pM mtd by the most expeditious means available to it, and the Seller shall pay all
costs assoeiatd with such work.
The Seller shall release ,he Purchase and its conmcrors of any tia from all liability and claims of any mwre
resulting from the Performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, offcers and employees fsuch parry.
The Sellers commclunl obligations, including warmnry, shall not be deemed to he reduced, is any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenesa the Seller is required to use any design, devire, material or process covered by later, p rem, trademark
or copyright, the Sella shall indemnify and save hannlacs hie Purchaser than any and all claims for infringement
by mawan of the use of such patemed design, device, material or p.. ins connection with tlx contract, and
shall indemnify the Furchawr for any cosy expense or damage which it may be obliged m pay by reason ofsuch
infringement at any time during the pmsaation or efts the completion of the work. In case said quipmmt, or
any pan thereof or the Intended use of hie goods, is In such Solt held to confute Infringement and the use of
said equipment ar an is enjoined, the Seller shall, at its own expense ➢rid al its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definilime, of,. used or the inum exaum of We agreement and the rights ofall parties hereunder shall he
mnswed under and govemd by the lawn ofthe Stale of Colorado, USA.
The following Addi,ioual Conditions apply only in cones where hie Sella is on perform won hereunder,
including the service ofSellem Re mwrmtive(s), on the premiss of miters.
17. SELLERS RESPONSIBILITY.
The Sella shall wary on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of my accident, den ctim or injury on the work and/or materials before Sellers final completion and
acceptance, complete the work a, Sellers own expense and w the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive. unload,
store and handle same at the site and become responsible therefor as though such materials =&or equipmen,
were being brandished by the Sella under We order.
18. INSURANCE.
The Sella shall, at his own mpeme, provide for the payment of workers campawation, including..Ponavl
disease benefits, to its employees employed on or in connection with the work coveted by this purehax order,
andror to their depedMenss in accordance with the laws of flue state in which den work is to he done. The Seller
shift also carry comprehensive gmenl liability imluding, but not limited m, contractual and wlondobile public
Inability inaumace with bodily inlury and death limits of n leaf 5300,000 for any area person, S500,000 for any
one aaide., and property damage limit per accident of 5400,000. The Sella shall likewise require his
cunmctors, if any, to provide for such rompenwtim and insurance. Before any of the Sellers or his counselors
employees shall do my weak upon the premises of others, the Seller shall famish hie Purchaser with a certificate
that such c mpensalion and insurance have been provided. Such c tifcmes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the de,e when such compensation
and insurance expires. The Sell er agree that such -unpensmion .,at insurance shall be mainained until eta the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respmisibiliry and liability for my and all damage, loss or injury of any kind
or nature whatsoaaf to persons or property caused by or rewiring from the execution orthe work provided for in
this purchase order or in connmticn hsewif. The Sella will indemnify and hold harmless the Puclansa unit any
or all of the Proffiv m ofions, agmis and employees from and against any and all claims losses, damages,
charge or expenses whether direct or indirect, and wbefer to persons or property to which the Pmchatia may
be pm or subjst by reason of my cot, mum, neglect, omission or default on the pan of hie Sella, my of his
contractors, or my of the Sellers or contractors offir m, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officm, agents or employees at my time an account or
by reason of any act, action, neglect. omission or dowl, of the Seller of my of his contractors or any of its of
their officers, agents or employees us aforesaid the Seller hereby agrees to assume the defense thereof and to
defend the warm at the Sellers own expense, m pay any and all costs, changes, .moneys fees and other sx maz s.
any and all judgments that may be incurred by or obtained against the Purchaser or my of in or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchase, or said panics in or as a result of such suits or other proceedings,
Me Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
ccidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and agulatiom issued pursumt Macau.
Revised 07n014