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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9120510City of a rt Collins PURCHASE ORDER N PO Number Page 9120510 1of2 This number must appear on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 102552 Ship To: OPERATIONS SERVICES C S U CASHIER'S OFFICE CITY OF FORT COLLINS 6015 CAMPUS DELIVERY 300 Laporte Avenue 118 LORY STUDENT CENTER Building B FORT COLLINS Colorado 80523-6015 FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price To cover the cost of 1 LOT LS 6,000.00 monthly invoices for 2012 for building and grounds maintenance at the Visitor's Center at Prospect and 1-25. Total $6,000.00 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 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 cacmptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Corti Geatc of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe 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 remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ordue to defects of any of the wamntics 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 be replaced except upon receipt of w'rineo purchaser to insist upon .strict performance herc0for any of its rights or remedies as to any such goods, regardless immoctiens from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall tiny purported end modification or rc.¢ission of this purchase order by the Purchnscr operate as a waiver of any of the Icons Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, seniccs or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proceduns violations arc in fact home by the Purchase, 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 hcrcmfcr 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 laws for such overcharges relating to the particular goods 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 Picking 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 good by a date to be agreed upon by the expected front the nearest distribution point to do ninztion, and excess freight will be deducted firm Invoice when Purchnscr and the Scllcr, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm 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 met, work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable lases, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constinned public authority having jurisdiction over the work of vendor. Seller further 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 parties to this contract agree that the mpresentatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the acmes and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein be reference. Any additional or different term and conditions proposed by seller are objected to and henry rejected. 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 esscnec. 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 ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay, the Puehoscr shall have, in addition to other legal and equitable remedies the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligcace, such sett of God, acts ofcivil or military anthoritics, governmental priorities, fives, strikes, fond, epidemic, 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 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 warren(, that all good, articles, materials and work covered by this order will confront with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for war, 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 w'amniy. 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 ofnny applicable wamnty provided by the Seiler after the date of acceptance ofthe good furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchnscr shall not constitute a waiver ofany claim under this mammary. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarmucua, 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 Icons by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deldions from the quantities odgimally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment be yen the parries as to any work or materials then in progrc,s 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 god which arc the Scllers standard stock. No such termination shall relieve the Pumhamr or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temination is ordered. 8. COMPLIANCE WITH LAW. The Seller srannnts that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the god arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference, The Seller agrees to indemnify and hold the Purchascr harmless fmm 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. 10. TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfoonance of this agreement, fret, and clear of any and all liens, restrictions, reservmtions, sccunty interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of tiny tier form all I ability and claims of any nature resulting from the perfnmancc ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of.such party. The Scllcr', continental obligations, including wamnty. shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser, 14. PATENTS. WTenever the Seller is required in use any design, da'ice, material or process covered by Icticr, 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 eonmet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement nt any time during the prosecution or wer the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of mid equipment or part 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 or parts, replace the saute with substantially equal but anninfringing equipment, or modify, it so it becomes mminfringing. 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 fnnhwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftems used or the interpretation ofihc agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the Stile of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the senices of Scllcrs Representativc(s), on the premises ofothers. 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 Seller's final completion and ncccprows. complete the work at Seller's own expense and to the .satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including ocu sationol disease henefits, 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 the state 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 homily injury and death limits ofin least $300.000 for am' one Person. S500.000 for any one accident and property damage limit per accident of S400,000. 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 tiny work upon the premises ofolhers, the Seller shall furnish the Purchascr 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 be maintained until wer 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 ofnny kind or nature whmsnn'cr to persons or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlet the Purchaser and any r all of the Parehasrs officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect and whether to persons or property to which the Purchnscr now be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors. or any of the Sellers er contractors officers. agents or employees. In case any suit or other proceedings shall be hrought against the Purchaser, or its officers, agents or employees w any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his con", cons or tiny 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 Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their omews. agents or employees in such suits or other proceedings and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result ofsuch suits or other pnceedings, 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. 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 mles and regulations issued pursuant therein. Revised 03/2010