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HomeMy WebLinkAbout497790 N LEROY POFF PHD - PURCHASE ORDER - 9120872PURCHASE ORDER PO Number Page City of 9120872 1 1 of 2 ' �tThis number must appear Collins1 on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 497790 Ship To: NATURAL RESOURCES N LEROY POFF PHD CITY OF FORT COLLINS 2014 WESTVIEW RD 200 W. MOUNTAIN FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 02/09/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Poudre Modeling 1 LOT LS 1,000.00 Steering Committee PER SCOPE OF WORK DATED 1-6-12 2 Poudre Modeling 1 LOT LS 8,000.00 Steering Committee Total $9,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taws. Our Exemption Number is 11. NONWAIV ER. 99-04502. Federal Excise Tax Exemption Certi Beale of Registry 94-0000587 is registered with the Collector of pidam of the Purchaser to insist upon strict performance of the tells 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 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 tram it, may be renamed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any ofits rights or remedies m to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported uml modif¢ntion or rescission of this purchase order by the Purchmer operate as a waiver of tiny of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Reecipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. Houever. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice n%cmharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedums. violations are in fact bore by the Purchases Theretofore, for good cause and as consideration for executing this purchase miler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B.. City of Fort Collins, 700 Wood St_ Fort Collins, CO 90522. 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 parsvant to this purchase Order. bill must accompany manic, 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 goods by a date to he forced upon by the expected form the nearest distribution point to dstinmion, and excess freight will be deducted flint Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work To he performed by the most expeditima means available to it, and the Scllcr shall pay all costs issociamd u ith such work. Permits. Seller shall Pmeure at sellers sole cost all necessary permits, certificates and licenses required by nil applicable Imes, regulations, ordinances and mlev of The state, municipality. territory or political soNliv ision where the work is perforated, or rcquircd 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 fmm and against all liability and loss incurred by them by reason of an tasseled of established violation of any such laws, regulation, rotmanecs. rules and requirements. Autho intion. All panics to this contract agree that the representatives 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 .emus and conditions stated herein set forth and any supplementary or additional tcru and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposcd by seller arc objected m and hereby rejected. 2. DFLIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to unive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the pomhnw order and the documents attached hcrcto. No acts of the Purchasers including, without limitation. acceptance official late deliveries, shall opentc as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to rather legal and equitable rcmodic, the option of placing this order elsewhere and holding the Seller liable for damages. Bouvier. the Seller shall not be liable for damages as a result of delays due to causes ram reasonably foraccablc which arc beyond its miserable control and without its fault ofnegligence. such acts of God, acts ofeivil or military authorities, governmental prioritis. fires strikes, flood, epidemics. oars or riots pmvided 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 ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. ..WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications simples and/or other descriptions given, will be fit for the purposes intended, and pedaled 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 ofthe Sellers 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 perin l of time as may be proscribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or nancriils furnished by the Seller. Acceptance or use of goods by The Purchaser shall not constitute a waiver ofany claim undcr this wamnty. Except as otherwise provided in This purchase order. The Scllcrs liability hcrcundcr shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees. but such liability .shall in no avant include less of profits or loss of use. NO IMPLIrD WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tcmu, other than legal tans, including additions to or deletions from The gonntids originally Ordered in the specifications or drawings, by verbal or written change order. If tiny such change affects the amount doe or the time oflterfomance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, criminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjmtnient brnxvcn the panics as to any work or materials then in progress pmvided that the Purchaser shall nut be liable for any claims for anticipated profits on the uncompleted pinion of the good and/or work, for ineidcnm) or consequential damages, and that no such adjustment he made in favor of the Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller ofany of their obligations as to any grads delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty 130) days fmm the date the change or termination is indicted. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcrcundcr shall have been porduced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents is may be required to effect or evidence compliance. All laws and regulations requited to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrccs to indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order. or any monies due or to become due hereunder without the priorwritten consent ofthe other party. 10. TITLE. The Seller wants full, clear and nine triewd title to the Purchaser for all equipment materials. and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. reserve lions, security interest encumbrances and claims of other. The Seller shall release the Purchaser and its contractors of unv tier from nil liability and claims of anv nature resulting from the performance of such work. This release shall npply even in the event of fault of negligence of the party released and shall extend In the directors, offccs mud employes ofsuch party. The Scllcr's contractual obligations, including warranty, shall not be deemed to be reduced. in any way. because such work is performed or caused to be perforated by the Purchaser. 14, PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark orcopyright, the Scllcr shall indemnify and save harmless 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 contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringenwnt at any time during the prosecution or after the completion ofthe work. In ease said equipment, or any pan thereof or the intended use ofthe good, is in such suit held to constitute infringement and the use of slid equipment or pan is enjoined, the Seller shall, at its own cxpertc and at its option, either procure for the Purchaser The right to continue using .said equipment Or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller .shall become insolvent or ban rapt, make an assignment for the benefit of credirs, appoint a receiver Or trustee for any of the Scllcr property or business. this on er may forthwith he canceled by the Purchaser without liability. Is. GOVERNING LAW. The definitions mf temus used or the interpretation ofthe agreement and the rights of ill panics hereunder shall he construed undcr 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 hcrcundcr. including the services of Scllcrs Reprcsentmivc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Seller's own risk until the same is hilly completed and accepted, and shall. in case of any accident. destruction Or injury to the work and/or nmtcrifils before Scllcr's final completion nail accepmnce, complete the work at Seller's own expense and to the satisfaction of The Purchaser. When materials and equipment are Famished by others for installation or erection by tire Seller. the Seller shall receive, rudord, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE, The Seller shall, at his min expense. pmvidc 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. find/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, eom icnad and antnmobilc public liability insurance .with bodily injury and death limits of at least 5300.0(a) for any one person, 5500.Mo for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contmctos, if any, to provide for such rompensation and insurance. Befmc any of the Scllcrs or his contractors employees shall do anv work upon the premises of others. the Seller shall firmish the Purchaser with i certificate that such compensation and insurance have been pmvided. Such ccrifiemcs shall specify the date when such compensation and insurance have been pmvided. Such certificates shall .specify the date when such cnmpemation and insurance expires. The Seller agrees that such compensation and insurance .shall be mainained until aficr 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 whatsoever to persons or properly caused by or resulting from the execution ofthe work provided 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 ogees, agents and employees from and against any and nil claims, losses, damages, charges or expenses, whether ducct or indirect, and whether to persons or pmpeny to which the Purchaser may he put or subject by reason of any act. action, neglect, omission or default on the part of The Scllcr, any of his contraeors, or any of the Sellers or contractors officers, agent Or employees. In case any suit or Other proceedings shall be bmught against the Purchase, or its offices, agents or employees at any time on account or by reason of fine act. action, neglect. omission or default of the Seller ofany 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 it the Seller' 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 offices, agents or employees in such suits or other proceedings, and in case judgment or Other lien he pineed upon or obtained against the property .(the Purchaser, or said panics in or as a result ofsueh snits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall lake all safety precautions, furnish 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 talcs and regulations issued pursuant thereto. Revised 03/2010