HomeMy WebLinkAbout114640 C H DIAGNOSTIC & CONSULTING - PURCHASE ORDER - 9150601Fort Collins
Date: 01/26/2015
PURCHASE ORDER
Vendor: 114640
C H DIAGNOSTIC & CONSULTING
SERVICE INC
512 5TH ST
BERTHOUD CO 80513
PO Number Page
9150601 1o12
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 01/26/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 BLANKET PURCHASE ORDER 1 LOT LS 15,000.00
FOR CONTRACTUAL LABORATORY TESTING
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.
2 WATERSHED TESTING
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@fogov.com
1 LOT LS
5,000.00
Total
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. COMMERCIAL DETAILS.
Tax exemptiare, By statute the City of Fan Collins is exempt Imo slate and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Exvise Tax Exemption Ca ificme of Registry 84 6000587 is registered with the Collector of
Failure of the Purebmer to imist upon strict palmo once of the terns and conditions hereof, failure or delay to
Internal Revenue, Denver, Colamdo (Ref. Culoa to Revised Statutes 1973, Chapter 39 26. 114 (a).
exercise sny rights or ranedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the saxponce of or paym at for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in vomit, may be resumed to you for credit and arc sot to be replaced except upon receipt of wdnen
potentate to insist upon stria performance haesofor any of its righu or amedies as to my such goods, regardless
instructions from the City of Ton Collins.
of when shipped, received or accepted, ® to my prior or subsequent default hereunder, nor shall any porponed
oral acidification or rescission of this purchase older by the Purchaser o,ada as a waiver of any of the terms
Inspenion. GOODS are subjet m the City of Fan Collins inspection on sound.
hereof.
Final Acceptance. Receipt of the merchandise, urvicas an equipment in response to this older can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fon Collins. Haweveq it is to be understood that FINAL
Seller and the Pumhaza mumble that in actual asionsurnme partial, m emM1arga resulting from antitrnst
ACCEPTANCE is dependent upon Completion of all applicable required inspection procedures.
violations are in fact fonts, by the Purchaser. Theretofore, for good eauu and as consideration for executing this
purchase molar, the Seller hereby assign to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.D., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless
sequirM lower federal ar sae anti., laws for such overcharges relating to the particular goods ar services
otherwise specifca on this Coda, Upemtission is given to prepay freight and charge separately, the original ficight
pmvhased a acquirM by the Purchaser pursuant m this purchase order.
bill must arwmpany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various Pans of the Country, shipment is
Ifthe Purchaser ducds the Sella to courser nonconforming or defrdive goods by arias nitre agreed upm by the
expected f the newest distribution Point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thereaaa indicates its inability or unwillingness to Comply, the Puwbmer
shipments are made fmm greater dutanm.
may louse the work Ins b, performed by the most expeditious an.. available to it, word the Seller shall pay all
Costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and liccmes required by all
applicable laws, regulmiom, on irences and sales of the state, municipality, rcmtory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fan Collins hannlcrs fmm and against all liability and loss
incurred by them by mason of an maned or established violation of any such laws, regulations, ordinances, roles
and requbements.
Authorization. All Pairs In this contract agree that the rcpreanmtivew are, in fact, bona fide and possess full and
complete authixiry to bind said parries.
LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the Icons and conditions stated
herein set tomb and any supplementary or additional lenn and conditions annexed hereto or inc urinated herein by
odfiamw. Any additional or different ertns and conditions proposed by seller are objected to and hereby referred.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move ar your
promised delivery date as noted. Time is of the essence. Delivery and perfommnce Cost be effected within the lime
stated on the purchase order and the documents anncled hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall Clause 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 this order elsewhere
and holding the Seller liable for dram,.. Iloolla. the Seller had ,at be liable for damages as n retail of delays
due to causes not reasonably foreseeable which arc beyond its ressc able control and without its fault of negligence,
such acts of God, acts of civil or military authorities, Vin mmental prior ies, lines, strikes, Rood, epidemics, wars or
riots provided that Cornet of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time atonally lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all gomL, articles, materials and work covered by this Carer will confonm with applimble
drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and
performed wins the highest degree of care and competence in accordance with accepted ssndmds for work of a
similar name. The Seller agrees to hold the purchaser hamdeas firm
any lass, damage or
expense which me
Purchaser may suft or incur on mwunt Oldie Sellers breach of wmoroV. The Seller shall replace, repair or make
good, without cost to the purchase ,Coy defeeu or faults arising within arc (1) year or within such longer period of
time as may be, prescribed by law or by the terms of my applicable warrant, provided by the Seller after the date of
acceptance of me good f fished hereunder (acceptance act to be unreasonably delayed), resulting from impartial
or defective work done m materials famished by the Sella. Acceptance or use of good by me Purchaser shall Out
onstitute a wuivar ofany claim under this annually. Except as Cmerwise Provided in this purchase older, the Sellers
liability hereunder shill extend to all damages pmsimaaly caused by me breach of any of the foregoing wmmmles
Or guarantees, but such liability shall in no event include loss ofpmfirs or Ices 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 waiuen change Carer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal tames, including additioru m or deletion From
me quantities originally ordered in me specifications or drawings, by verbal or written change order. If any such
Change affects the amount due or the time of Performance herewder. an equitable adjusrment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, tarmirnse this agreement as to my or all Portion of the
good then not shipped, subject Io any equitable ed untmem between the parties ns to any work or tmtedah men in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on Its, uncompleted
Portion of the good andrar work, for incidental or Consequential damage, and that no such whir ment be made in
favor of the Seller with respect to any goods which as, the Sellers standard stock. No such termination shall relieve
the Purchaser or me Seller of any of their obligations as to any good delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most Ist asserted within thirty (30) Jaya from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goad sold hereunder shall have been prndiced, sold, delivered and furnished in stria
ompliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulumm required Io be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from al I costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply wilh such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hertwder without me
prior written Consent of the other party.
10. TITLE.
The Seller warrants full, clear and unmtrieted tide Its the Purchaser for all equipment nommiak, and items Irradiated
hi per( ante of this agreement f and if. of may and rill liens, natictimu, reservations, security interea
CmmwWa wCx and claims mfothers.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting floor the parfromme, aratich work.
This release shall apply even in the event of fault of negligence of the party relaxed and shall extend to me
directors, officers and employees rsuch party.
The Sellers contractual obligations, including warranty, shall nor be deemed to be reduced, in my way, because
such walk is performed err caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or Copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for iofngement
by reason of the use of such patented design, device, material or process in connection with the contact, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In ruse said egoipmrnt, or
any pan thereof or me intended use of the goods, is in such suit held to Constitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the right to continue in, said equipman or parts, real.¢ the same with substantially equal but
noninfn'nging equipment, or math fy it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trmtee for any of the Sellers property or bluiness, this older may forthwith be canceled by the
PaM1aor without liability.
in. GOVERNING LAW.
The definitions ofterms used or the interpretation offlue agreement and the rights of all parties h stabod r shall be
constmed Coda and g..d by the laws of the State of Coloado, USA.
The following Additional Conditions apply only in cases where the Seller is to perlbrm work hererdia,
iacllWing me services of Sellers Representaaive(s), an the promises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cam, on said work at Sellers own risk until tM same is fully Complered and accepted, and shall,
in vase of any accident. destruction or injury 0 the wmk maker Imsteaiak befine Sellers final completion and
secepance, Complot the work or Sellers own exprmt and to Her maudite ion or the Purchaser. Whoa mareriala
and equipment are famished by others for installation or erection by tfc Sella, the Sella shall receive, unload,
store and handle same el me site and become responsible Ratio, ss though such matmrials arNm equipment
were being famished by m, Seller under the order.
Iic INSURANCE
The Seller shall, at his own expense, provide for the payment of workers exameareartion, including occupational
disease benefits, to its employees employed oar or in Connection with the weak Covered by this purchase order,
ardor to their depmdenrs in mCoNance with the laws of $e sure in which the work is to be done. The Seller
shall also Carry Compmhemivc general liability including, but not limited m, Continental and automobile public
liability inumnce with bodily injury and death limits of at lent S3w," for my one person, SSOLOW for any
one mcidenl and property damage limit per accident of S400,000. The Seller shall likewise repuire his
contractors, if any, to provide for such consamition and insurance. Before any of me Sellers or his contractors
employees shall do my work upon the premises of omera, the Seller shall furnish the Pumhmer wins a comfluxle
mat such c mpensetion and memorial have been provided. Such cmificates shall specify me dam when area
compensation and inamorata have ban provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agma that such compensation and insurance shall Its maintained until after the
entire wok is completed end accepted.
19. PROTECTION AGAINST ACCIDENTT S AND DAMAGES.
The Seller hereby assumes the rntire responsibility and mail it, for any and all damage. loss err injury of my kind
or nature whatsoever to Persons or property caused by or resulting fmm the aecution of the work provided for in
this purchase order or is connection herewith. The Seller will indemnify end hold hamilcss me Purchaser and my
a all of the Purchasers officers, agents and employees firm .ad 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
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect omissive or default of the Seller of my of his contractors or any of its or
that officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same of the Sellers awn expense, an pay any and all costs, charges, attmm,S fees and omen expenses,
any and all judgments that may be incurred by or obtained against the Purehaser or my of its ou 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 progeny of the Purchaser, or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwixe. The Seller and
his contractors shall take all safety Incarnations, famish and install all gnalds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, bur without limiraion, the
OCNpsional Safety and Health Act of 1970 and all rules and regulations Issued pursuant merem.
Revised 07I2014