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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9117443City Of PURCHASE ORDER PO Number Page 9117443 1 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 12/1512011 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS Colorado 80523-6015 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/15/2011 Buyer: OPAL DICK Note: / Line Description Quantity /UOM Unit Price Extended Ordered Price TESTING SERVICES 1 LOT LS 7,472.50 TW 148307 c3. oi�s2 � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 $7,472.50 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificatc of Registry 84-6000587 is registered with the Collector of Failure ol'the Purchaser to insi.at upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39--26. 114 (a). exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aeccptnnee ofor payment for goods hereunder or approval oflhe 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 any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hercofor anv of its rights or rcmcdics as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. as to any poor or subsequent default hereunder, nor shall any purported not modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject m the City of Fort Collins inspection on arrival. hereof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in la_. ASS IG NM ENT OF ANTITRUST CLA I MS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser rcmgnize that in actual economic practice, ovechnrges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to pmpay freight and charge separately, the original freight purchased er negnird by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance Where manufamurca have distributing points in various parts of the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nemest distribution point to destination, and excess freight will be d ducted from Invoice when Purchaser and the Seller, and the Seller thema Mr indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs as,.i.tcd with such work. Permits. Seller shall pmeure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, territory, or 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 Fen Collins hemdess fmm and against add liability and Ioss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authoriration. All panics to this contract agree that the reprcwntatives are, in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions pnoposd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive an your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have. in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages its a result of delays due to causes not reasonably foreseeable which are beyond its reasonable conceal and without its fault ofnegligenec, such acts ofOod, acts ofeivil or military authorities, governmental priorities, fins, strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first rcccivd 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 ofthc 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 for the proposes 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 the purchaser harmless from any loss, damage or expcnse which the Purchaser may suffer or incur oa account of the Scllers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller ,net the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller, Acceptance or use of goods by the Purchaser shall not consti one a waiver of any claim tinder this warranty. Except as ohcnrise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the i n trokics originally nedcmd in the specifications or drawings, by verbal or mrown clangs enact. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by xTiven change order, terminate this agreement as to any or all portions of the goods then not shipped, .subject to any equitable adjustment between the parties as to any work or materials then in pot provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stuck. No such termination shall relieve the Purchnscr or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character arc 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 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 written consent of the other party. IQ TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials and items burnished in performance of this agreement, free and clear of any and all liens, restrictions, rewn unions, security, interest cncumAmnces and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of are nature rcsuhing firma the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olEecrs and employccs ofsuch party. The Shccr's contractual obligations, including %vnrmnty, shall not he deemed to be reduced, in any way, because such work is perforated or 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 Sellershall indemnify and save hamilcss the Purchaser fmm any and all claims for infringement by reason of The use of such patented design, device. material or process in connection with the contract and shall indemnify the Purchaser for tiny cost. 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 %Pork. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchawr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it bceomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankntpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftenns used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmetl under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllers Representntive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Scllers own risk until the same is fully completed and accepted, and shall, in case of are accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's am expense and to the satisfaction of the Purchaser. IAthen materials and equipment arc 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 and/or equipment were being Furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oecepationnl disease hencfts, to its enmployees employed on or in connection with the work covered by this purchase order, and/m to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including but not limited to, contractual and automobile public liability m—rance with Iwvd ly injury and death limits of at Ica,, S300.000 for any one person, S500.000 for tiny one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. Tony, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees .shall do any we& 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 fl nt 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 mspunsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or prepeny caused by or resulting fmm the execution critic work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or ell of the Pumhasers oRtecos, agents and employccs fmm and against any and Al claims, losses, damages, charges or expenses whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act, action, ncgloet 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 anv suit or other pmceciings shall be hrought against the Purchaser, or its officers, agents or employees at any time on account or he reason of any act. action, neglem, omission or default of the Set led of any of his centimeters or any of its or their oRecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, allonicys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or entployecs in such suits or other proceedings, and in cast judgment or other lien be placed upon or obtained against the property 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 be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to screw including, but without limitation. the Occupational Safety and Health Actor 1970 and all relics and regulations issued pursuant thereto. Revised 03/2010