Loading...
HomeMy WebLinkAbout442059 INSTITUTE FOR THE BUILT ENVIRONMENT - PURCHASE ORDER - 9103042Date: 6/10/2010 Fort Collins Page Number: 1 Purchase Order Number: 9103042 Delivery Date: 6/10/2010 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 21,000.00 Green Building Education Progr Phase I Total $21,000.00 Invoice Address: City of Fort Copirif Director of Purchasing and Risk Management City of Fort Collins This order is n1aValid over $5000 unless signed by James B. O'Neill 11, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collis B exempt fiom state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due to Salinas to meet specifications, either when shipped or due to defects of damage in transit, trey be resumed to you for credit and are not to be replaced except upon receipt of written instructions fiom the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an anal Final Acceptance. Receipt ofthe merchandise, services or equipment in resporrse to this mderean result in authorized payment on the part of the City of Fort Collins. However, it is tube undetsmod that FINAL ACCEPTANCE is dependent upon completion ofab applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of TO, Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. Ifpemvesion is given to prepay (eight and charge separately, the original fieight bill mast accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Wheremanufacturerslavedistributingpointsinvariouspartsofthecountry,ship ,sexp,ted from the nearest dstnbution point to formation, and excess freight will be deducted fiom Invoice when shipments are made from greater distance. Permits . Seller shall procure at sellers sole cost all necessary peonies, certificates and licenses requiredby allapplicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is pemrfoed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City ofFon Collins broadens fiom and against all liability and loss incurred by them by reason of m asserted or established violation ofany such laws, regulations, ordinances, mles and requirements. Autho nation. All panics 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 limits weeptarecto the team and corWitionsstated knew set forth and mysupplementaryorsdditional terns and conditions annexed hereto or Incoryoratedha<w byrefireace. Any additional or duffacut term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he ejected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchases rincluding, without limitation, acceptance ofpanial late deliveries, shall operate is a waiver ofthis provision. In the event ufanydelay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhereand holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result ofdelays due to causes not reasonably foreseeable which are beyond its ressomble control and without its feWt ofnegfigaree, such ens of God, acts of civil or military authorities, governmental priorities, fires, an des, Flood, epidemics, wars or riots Provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event ofany such delay, the date ofdelivery shall be extended for the period equal to the time actually lost by reason offl a delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes Intended and perfatned with the highest degree ofew, and conference in accordance with accepted standards for work ofa similar nature_ The Sella agrees to hold the purchaser hamins fiom any loss, damage or expense which the Purchaser my suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make good, without at to the purchaser, any defects or faults arising within one (H year or within such longer period oftime as maybe pokenped by law or by the terns ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Famished by the SI Acceptance or use of goods by the Purchase, shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers Lability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrantless 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 tams by written champ ordin 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terns, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or writtencharge order. If any such change affats the amount due or the time of perfomance berwnder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any oral] portions ofthegoods then not shipped subject to any equitable adjustment between the patios as to anywork or materials thin in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in ravnrofthe Sella with respect to my goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofmy oftheir obligations as in my goods delivered hereunder. ]. CLAIMS FOR ADIUSTMENT. Any claim for adjustment must beasserted within thirty (30) days fiom the date the change or termination as ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have hem produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shal esemon awdeliver such documents or may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements ofthis character we hereby lncoVerated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hVidess fiom all costs and damages suffered by the Purchaser w a result ofthe Sellers failum to comply with such law- 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or m became due hereunder without the prior written commit ofthe other party. 10. TITLE. The Sellttwamanrs full dearer, few and clear to the and allerensallequipment matttias,ns, semfamishedIn pafmbran c of this claims Of cm, Ra and dear of my and all liens, rcsMctions, reservations, security interest encumbrances and claim ofothers. 11-NONWAIVER Failure of the Purchaser to insist upon smat pafomance of the tams and conditions hereof, Endure or delay to exercise awrights or remedies provided herein or by law, failure to prorrptly notify the Seller in the event ofa breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller ofany ofthe warranties 0robligazions m ofthis purchase order and shall not he deemed awaiver ofanyright ofthe purchzsertoimst Von strict Perfomance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission ofthis purchase order by the Purchaser operate as a waiver ofany afthe terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual nown a practice, overcharges resulting f oman5trust violations an in fact home by the Purchaser. Theretofore, fengand cause and as wrtsideration for executing this purchase ordq the Seller hereby assigns to the Purchaser any and all claim 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 acquhed by the Purchaser pursuant to this purchase order. 13_ PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser defcts the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its Inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meats; available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofmyhier from all liability and claim ofany nammonvulting fiom the pet P-1e fsuch work. This release shall apply even in the event offauh ofnegligence ofthe pony released and shall extend athe directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is nequbed m use airy design, device, materal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hameess the Purchaser fiom any and all claim forinfiingvrcnt byrcamn ofthe use ofsuch pdented design, device material orpronwa in connection with the contract, andshall Indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason ofsuch arrangement at anyturc durmg the prosecution or ajar the completion ofthe work. In case said equipment, or mypm thereof., the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or pan is endowed, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment wparts, repine the same with substantially equal but non-inRinging equipment, ormodify it en it becomes non-infiinging. 15. INSOLVENCY. Ifthe Seller bull become insolvent or bankrupt, make an assignment for the benefit efcrediters, appoint conceiver or matee for any of the Sellers property or business, this order may forthwith be canceled by the Parches, without liability. I6. GOVERNING LAW. The definitions of team used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(;), on the premises ofothers. II. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and slash in can ofany accident, desnvction or injury to the wink and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the sarisfattion ofthe Purchaser. When materials andequipment are famished by others for installation or erection by the Seller, the Seller shall receive, unluad store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of,amons compensation, Including occupational disease benefits, to its employees employed on m in connection with the work covered byths purchase order, and/or to their dependents is accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not lanitedm, wntracmal and automobile public liability insurance with bodily Varo and death limits of ar least $300,000 far anyone person, $500,000 for any one incident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises ofothers, the Sellershall famish the Purchaser with a certificate that such compensation and Insurancchav< been provided Such certificates shall specify the daze 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 be maintained until aft, the entire work is cowhand 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 ofany kind or nature whatsoever to persons or property caused by or resulting fiom the execution ofthe work provided for in this purchase order or in comectlonherewith. The Seller will Indemnify and hold Enna s the Purchaser and my or all of the Purchasers officers, agents and employees room and mairet my and all claim, losses, damages, charges or expenses, whether direct or indirect, and whethet to persons or property to which the Purchaser ray be put or subject by reason ofmy act, action, neglect omission or &bull on the pant ofthe Seller, my ofhis contractors, or my ofthe Sellers or contractors officers. agents or employees. In case any suitor other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason ofmy act action, neglect mvcsion m default of the Seller of any of his contractors or my of its or their ofa.a, agents or employees as aforesaid the Seller hereby of, on to assume the defense thereofand to def d the same at the Sellers own expense to payer all nisi charges, amomeys fees and other expense,, my and p y employees in such other pedbyorokainedin ouse the Purchaser he my of its Placed their officers, agents or employees In such suits as other said partiie in and is case judgment or other lien beplacedupon or Senor obtained a gainsttheproperlye to Is Purchaser, or didparies in oreg band ofsuchmiss The apmandhis coon comes Sellerwall at once cans moeametobedissolved and discmgedby s necengbmor orotherwise. The Sellerandhiscmply witsshalltake all saferyation, ith famish and install all gumg, isinwithout the prevention of accidents, comply with all laws and regulations with regard ti safely including, Wt without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010