HomeMy WebLinkAbout405609 UNIVERSITY OF COLORADO - PURCHASE ORDER - 9957269Date: 12/7/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9957269
Delivery Date: 12/6/2009 Buyer: DICK,OPAL
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note
Line Qty/Units Description Extended Price
1 1 LOT 8,040.00
DWRF - Antidegradation Review
for Poudre River
City of Fort Cqffmf Director of Purchasing and Risk Management
This order is n1qValid over $5000 unless signed by James B. O'Neill 11, CPPO
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
Total $8,040.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Ternis and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Port Collins is exempt firm state :tad local taxes. Our Exemmption Namberis
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of
Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED clue to failure to meet specifications, either when shipped or due to defects of
damage in transit, tray be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on :urival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the part ofthe City of Fmt Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tents. Shipments must be F.O.B.. City of Foil Collins. 700 Wood St.. Fort Collins. CO 80i21 unless
otherwise specified on this order. If pennission is given to prepay Beight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not Ix accepted.
Shipment Distance. Where tmnuf:uttmers have distributing points in various parts of the country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted Iron Invoice when shipments are
made front greater distance.
Permits. Seller shall procure at sellers sole cost all necessity permits. certificates and licenses required by all applicable
laws, regulations, ordinances and rules of the state, municipality. territory m political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless front and against all liability and loss inanaed by them by
reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives at e. in fact. Ixxn fide and possess full and
complete authority to bind said parries.
LIMITATION OFTERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein
set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference.
Any additional or different tenors and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyuu cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and pciiinnmi c. must be effected within the tine
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpailial late deliveries, shall operate as a waiver of this provision. In the event ofany 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 damages. However, the Seller shall not be liable fix dunmages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control:wd without its halt ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidenmics, wars or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) clays ofthe time
when the Seller tirst received knowledge thereof. In the event of any such delay, the (lute ofdeliveryshall 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 this order will contoim with applicable
drawings, specifications, samples and/or other descriptions given, will be fit lit the purposes intended, and pet faned
with the highest degree of care and competence in accordance with accepted standards tit work ofa similar nature.
The Seller agrees to hold the purchaser harmless from any loss• damnage or expense which the Purchaser may suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the
purchaser. any defects or faults it within one (1) year or within such longer pit iod of time as ntay be prescribed by
law or by the terns of any applicable warranty provided by the Seller after the date ofacceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting fionm inmperfeet or defective work done or
materials furnished 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 any ofthe foregoing %van:mties or guarantees, but such
liability shall in no event include loss of profits 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 terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents, other than legal terns, including additions to in deletions fionnlme
quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change
affects the amount due or the time of performance hereunder, all equitable atljustrnent shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. tenminatc this agreement as to any urn all portions of(he goods
then not shipped, subject to any equitable adjustment between the parties as to :my work or materials then in progress
provided that the Purchaser shall not be liable for any claims for anticipated prof its on the unconnpleted portion ofthe
goods and/or work, for incidental or consequential danxmges, and that no such adjust cut e node in F.rvor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered IleremndCr'.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) bays from the date the change or termination is ordered.
S. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods ere subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All kovs and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this relirence. The Seller agrees to
indenntify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to amply With such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXV III ofthe Colorado Constitution ("Article XXV I II"), then the provisions ofSection 15 ofAnicle XXV'III
are hereby incorporated into this [Agreement]. In such a case, if the [Conlractol ] or any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXV III, then the [Contractor] agrees it shall be ineligible to hold any sole source governmeent contract, or
public employment with the state of Colombo or any of its political subdivisions. tux three yc;u:s.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order• or any nmonies due or in become due hereunder without the
prior written consent of the other party.
0_ TITLE.
The Seller warrants fill, clear and unrestricted title to the Purchaser fin' all equipment, materials, and items fntmished in
perlOon:mce of this agreement. fiee and clear of any and all liens, restrictions, reservations• security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure ofthe Purchaser to insist upon strict performance ofthe terns and conditions hereof, failure m delay to
exercise any rights or remedies provided herein or bylaw. failure to promptly notify the Seller in the event ofa breach,
the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the
Warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon s tict performance hereof or anv of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted. as many prior or subsequent default hereunder. not, shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof.
12_ ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overchatges resulting front antitrust violations are
in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order. the
Seller hereby assigns to the I'm chase,* any and all claims it may now have or hereafter acquired under federal or state
antitrust laws fix such overcharges relating to the particul t 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 correct nonconforming tx defective goods by a date to be agreed upon by the
Purchaser and the Seller. and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser may
cause the work to be performed by the most expeditious means available to it• and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors ofany tier front all liability and claims ofnny nature resulting
fromm the performance of such work.
This release shall apply even in the event of fault of negligence ofthe pill\, released and shall extent) to the directors.
officers and employees of such party.
The Seller's contfactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material Orin OCCSS covered by letter, patent, trademark or
copyriehr, the Seller shall indennify and save harmless the Pm'chnscr' Boat any and all claims fitinfiingement byreason
ofthe use ofsuch patented design, device. material 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 reason of such infringement at any time
during the In —cation or ofter-tile completion ofthe work. In case said equipment, or any pail thereof or the intended
use of the goods. is in such suit held to constitute unit ingennent and the use of said equipment or pail is enjoined, the
Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said
equipment m ports. replace the saute with substantially equal but non -infringing equipment, or modify it so it becomes
non -infringing.
I INSOLVENCY.
If the Seller shall become insolvent or bankrupt.make an assignment for the Ixnefit ofcreditors. appoint a receiver or
trustee fix :up• ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16, GOVERNING LAW.
The definitions of tents used or the interpretation ofthe agreement and the rights of all patties hereunder shall be
construed under and governed by the laws ofthe State of Colorado. USA.
l he 6ollotvinc Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representatiwc(s). on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry ou said work at Seller's own risk until the samme is fully completed and accepted, and shall, in case
of any accident, destruction or injury to the work ancVor materials bcfore Seller's final completion and acceptance.
complete the work at Seller's own expense and to the satisfaction of the Purdnser. \Vhen materials and equipment arc
finnished by others for installation m erection by the Seller, the Seller shall receive, unload. store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished bythe Seller
under the order.
18. INSURANCE.
The Seller shall. at his own expense. provide fm'the paytrent of workers comtpensation, 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 accordance with the laws of tie state in which the work is to be done. The Seller shall also cant'
comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with
bodily injury and Beath limits of at least S300.000 for any one person, $500.000 for any one accident and property
damage limit per accident of 5400.000. The Seller shall likewise require his contractors, 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 shall furnish the Purchaser With a certificate that such compensation and insurance have
been provided Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date When such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall he maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage• loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting front the execution ofthe work pnn•ided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers. agents and employees front and against any and all claims, losses, damages, charges or
expenses, whether direct or indirect, and whether to persons urn property to which the Purchaser any be put or subject
by reason of any act, action, neglect, omission m default on the part ofthe Seller, any ofhis contractors, m any ofthe
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 tine on account or by reason of any act, action, neglect, ommission
or default ofthe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the saute at the Sellers own expense, to pay any and
all costs, charges• attorneys fees and other expenses, arty and alljudgnents that maybe incurred by or obtainedagainst
the Purchaser or ally of its or their officers, agents or employees in such suits or other proceedings, and in case
judgment m other lien be placed upon or obtained against the propenyof the Purchaser, or said patties in orasaresult
of such suits or other proceedings. the Seller will at once case the same to be dissolved and discharged by giving bond
r otherwise. The Seller and his contractors shall take all safety precautions. liunish and install all guards necessary for
the prevention of accidents. comply with all Imes and regulations with regard to safety including, but Without
limitation. the Occup:vional Safety anti Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009