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HomeMy WebLinkAbout124434 CSU FACILITIES MANAGEMENT - PURCHASE ORDER - 9117549City of F6rt Collins PURCHASE ORDER Date: 12121/2011 Vendor: 124434 C S U FACILITIES MANAGEMENT 6030 CAMPUS DELIVERY FORT COLLINS Colorado 80523-6030 PO Number I Page 9117549 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/21/2011 / Buyer: OPAL DICK Note: Line Description Quanti UOM Unit Price Extended Ord.d Price IDAP Design Incentive 1 OT LS 17,023.00 Q. 0!1L:s4 /L l9m---icl City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 $17 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 95-01502. Federal Excise Tax Exemption Ccnificate of Registry 84-6000587 is registered with the Collector of Failure Of the Purchaser to insist upon strict perf rmence, of the terms and conditions hereof. failure or delay to Taloned Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goo& hereunder or approval ofthe &,sign, shall not release the Seiler of Gads Rejected. GOODS REJECTED due to failure to meet specifications, tither 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 are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods. regardless instruction from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to 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 12. ASSIGNMENT OF ANTITRUST CLAI MS. outhorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting front antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home 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 most be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the panicular grads or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired 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 manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected From the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umvilliagness to comply, the Purchaser shipments arc 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 associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, ttnificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cautioned public authority having jurisdiction over the work of vendor. Seller funkier agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this concoct 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 cxpressly limits acceptance to the terms and conditions stated hcrcin set forth and any supplenomony or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and condition proposed by seller arc objected to and hereby rejcm d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents touched hereto. No acts of the Pumhascrs including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clscwhcrc and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a a Sint of delays due to causes not reasonably foreseeable. which arc beyond its reasonable control and without its fault ofnegligence. such acts of God. acts ofcivil or military authorities, governmental priorities, fins, spikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Puehascr within five (5) days ofthe time when the Seller Oat received 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dawings, specification, samples and/or other descriptions given, will be fit for the purposes 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 expense which the Purchaser may suffer or incur on account of the Sellers breach of ueamnry. 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 larger period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver Many claim under this warmnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crane of the foregoing warrnties or guarantees, but such liability shall in no event include loss ofpmfits 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 hems, including additions to or deletions from the 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, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all ponions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any 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 favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such temoortion shall relieve the Purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or Icrmination is ordered. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and rcgudations required to be 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 parry. 10. TITLE. The Seller wamrits full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restriction, res. emotions. security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of am, tier fmm all liabi lire and claims of any nature 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, affects and cntployces nf,avh party. The Seller's communal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfomed or caused a he 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 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 any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or infer the completion of The work. In case said equipment, or any pan thereof or the intended use of the goods, is io 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 pmcure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or medify it so it becomes noninfringire. 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 forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions fterms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cusses where the Seller is to perform work hereunder. including the screiccs of Scllcrs Repmscr ive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sclla's final completion and acceptance, complete the work nt Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or croction by the Seiler. the Seller shall receive, unload. store and handle same al the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. IS. INSURANCE. The Scllcr shrill. at his own expense, provide for the payment of workers compensation, 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 ofthe slate in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at Icast S300,000 for any one Person. S500.0110 for any one accident and pmperty damage limit per accident of S400,000. The Seiler shall likewise require his contractors. Harty. to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a catificatc that such compensation and insurance have been provided. Such anificates shall specify the date when such compensation and insurance hoc been provided. Such ecnificates shall specify the date when such compensation and insumna expires. The Seller agrees that such compensation and insurance shall be 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 ofany kind or nature wleusoover to persons or property caused by or resulting from the cscculion of ncc work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and held hantri the Purchaser and any or all of the Purchasers officers, agents and cmpinyccs fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indiral. and whether to persons or pmpcny to which the Purchaser may be put or subject by reason ofany net, 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 proecelings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller array 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 same at the Sellca own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgment that may be ineurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such snits or other proceedings, and in case judgment or other lion be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other pmccaings. the Seller will at once cause the same to be dissolved and discharged by giving bond orotherwise. The Seller and his contractors ,hnll take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thercm. Revised 03/2010