HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9143306Fort of
Date: 06/11/2014
Vendor: 102552
C S U CASHIER'S OFFICE
6015 CAMPUS DELIVERY
118 LORY STUDENT CENTER
FORT COLLINS CO 80523-6015
PURCHASE ORDER
PO Number Page
9143306 10f2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/11/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i CONSULTING SERVICES
STORMWATER RELATED RESEARCH
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com
1 LOT LS
53,096.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terris and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt from state and local axes. Our Exemption Number u
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Ceaificate of Registry, 84 6000587 is a,umred with the Collector of
Failure of the Purchaser m insist upon strict performance argue terms and conditions hereof, failure or delay to
Interim[ Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a),
exercise any rights or remalies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods heeunder or approval of the 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 ormary, may W returned to you for efdit and are not to be replaced except upon receipt of written
purchaser ro insist upon strict parformance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shippal, received or reversal, as to any prior a subsequent &%oil hereunder, nor shall any purposed
oral modification or rescission of this pmchaac order by the Rochester operate m a waiver of my of the tams
Inspection. GOODS we subject o the City of Fan Collins impation on arrival.
hereof.
Firal Acceptance. Receipt of the merchandise, services or equipment in responx a Ws order can mull in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Pon Collin. However, it h to be understood that FINAL
Seller and the Purchaser rugrom that in remal economic practice, overcharges molting from mythical
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures,
violation are in fact home by the romancer. Theretofore, foar good cause and m consideration for executing this
purchase under, Be Seller hereby assign to the Pu bass, any and all claim, i, may now, have Or aboaner,
Freight Terms. Shipments must b, F.O.B., City of Fort Collins, 700 Wood SL, Fan Collin, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specifial on this order. Upermission is given da prepay freight and charge separately, the ongirl freight
purchased or acquired by the Purchaser pursuant to this porches, order.
bill most accompany insides. Addition chances for backing will not the accepted.
Shipment Distance. Where manufacturers have dianbuting points in out pain of the country, shipment is
expected from the court distribution point to destruction. and excess freight will be deducted from Invoice when
shipments ate mile from greener durance.
Permits. Seller shall Fracture rat sellers sole cost all nomsvry permits, cenifcam, and liceuses required by all
applicable laws, regelafion, ondirnces pad tales fthe state, municiWlity, mrimry so polifal subdivision where
the work is performed, or rcqudred by any other duly comminuted public audwsity haingjurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Fan Collins bamaeas from and against all liability and loss
featured by them by tenon of an mscned or established violation of my such laws, regulaiom, u,do.., tales
and requirements.
Auforintion. All panics to this contact agree that the OxEreunfti es are, in fact, bona fide and poaxas full ad
complae aothority to bind said pastes.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stared
heroin sec froth and any supplementary or addommal corms and condition annexal hereto err incOrpommd herein by
reference. Any additional or dtff and terms and conditions proposal by seller ere objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imambeg ely if you cannot make complete shipment to arrive on your
Promised delivery date as noted. Time is of be essence Delivery and performance most be effiated within the time
stated on the purchase order and the documents attached hereero. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate n a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, he option ofplacing this order elsewhere
and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays
due to causes not reamrably foreseeable which an beyond its reasonable control and without its fault of negligace.
such acts of Gad, acts of civil or military authonties, govemmenlal priorities, Fires, stakes, Rood, epidemics, wars or
nods provided that notice of the condaiuns causing such delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the even, Of any such delay, the dam Of delivery shall be
extended for the period equal to the time actual ly fist by reason of the delay.
3. WARRANTY.
The Seller warrants that all gouda, articles, materials and work covered by this order will conform with applicable
drawings, specifications. samples miller other descriptions given, will be fit for the purposes pleaded, and
performed with the highest degree of care and competence in accordance with accepted standard far work of a
similar nature. The Seller agrees to hold the purchaser hamdess from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast 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 to. .1-any applicable wmeranry provided by the Seller after fly, date of
acceptance Of the goods furnished hereunder (acceptance not to be unreasonably deloyalf resulting from imperfect
or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise 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 proNs or loss of to, 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 wring change oNer.
5. CHANGES IN COMMERCIAL TERMS.
The forgetter may make any changes to the terms, other than legal ,emu, including additions to or deletions from
the, quamigies uniformly ordered in the spaificatiom or dmwtngs, by verbal or worsen change order . If any such
charge affects the faount due or he lime of pafmmvnce hareftda, en equitable adjustment shall W made.
6. TERMINATIONS.
The Pumlaaser may at any time by wrnen change order, terminate this ageemem m many or all Emma, of the
goods then not shipped, subject to any equitable adjustment between the parties m in any work or materials then in
pmgtess provided that the Purchase, shall not be liable for any rise. for anticipated profits on fie uncompleted
portion of the good cracker work, for boldfaced or amequentul damaga, and fat no such adjustment he made in
favor of the Sella with respect oo any goads which art the Sellers standard stock. NO such organization shall relieve
the Purchaser or the Seller afany of their obligations us to any guests; delivered heremWen
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mum be asseved within thirty (30) dap from the dam the change or immigration is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunda shall have been produced, said, delivered and famished in strict
com,figro a with all applicable laws adl rx,fit out to which the goad are subject The Sella shall execute mad
deliver such documents as may be required to effect or evidence compliance All Ins all moulation required to be
Wainscoted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnfy and hold the Purchaser hagmless from all coda and damages suffered by f< Puedissar m a result of the
Sellers failure by comply with such taw.
9. ASSIGNMENT.
Neither party, shall assign, transfer, or convey this oNer, or any mania due or so become due herewder without the
prior wormer Co., offe offer parry.
10, TTTLE.
The Seller warrants full, clear grad unrestricted title to the Purchaser for all irrational, materials, and imms famished
to parficuromme of this agreement, face and clew of any vad all lien, mmmion, memalion, security felt.
acumbrgers. and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifdrc Purehasa directs the Seller to correct rwmvnfogming or defective good by a dine ro be agreed upon by ale
Pombma and the Seller, and the Seller themfter iMiatas its inability or unwillingmss to comply, the Purchaser
may cause the work to be performed by to most expedition means mailable to it, and the Seller shall pay all
costs aswcimed safety such s'ork.
The Sella shall release the Purchaser and its ronhiaors of any tier farm it liability mad claims of ony nature
resulting from We performance ofsuch work.
This release shall apply on in the event of fault of ncgligmce of the parry released grad shall extend m the
directors, officers and employees ofsuch party.
The Settees contractual obligations, including evOrmnty, shall not be domed to be reduced, in any way, because
such work is performed or caused to be Performed by ale Purchaser.
14. PATENTS.
Whoever the Seller is required m use any design, deice, council or process cn'ered by letter, patat uad.,k
or copyright, the Seller shall iuderamily and save harmless the Purchaser from any and all claims for infdngemettt
by reason of the use of such patented design, device, material or process in connection with the contract, end
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason ofsuch
infringement at any time during the Frustrations or alter the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to romtiture infringement and the the of
said equipment or pan is enjoined, the Seller shall, at its own expense and of its aption, either procure for the
Purchaser the right to rominue ring said equipment or pans, replace the same with substantially and be,
naninfringing equipment or modify it so it becomes nantnfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, affinity, a
receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the
Purdrna without liability.
16. GOVERNING LAW.
The definigions of terms used or the interpretation offl a aOvanaa and fe riglns of all parties hereunda shall ere
consumed under and favored by fie laws argue State of Colamdo, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises crochets.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk until the snare is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work andror Malaysia before Seller's final completion and
acceptance, complete the work at Seller's own expense said to the satisfaction of the Purchaser. When materials
and equipment you famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being bicameral by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expertise, provide for the payment of wa lwas compensation. including occupational
disease benefits, an its employees employed on Or in connection with the work covered by this purchase offer,
and/or to theb dasodats in accordance with the laws of fie state in which the work is to be dome. The Seller
shall also tarty comprehensive gaeml liability including, but not limited to, contractual and automobile public
liability inurarce with bodily inryry and death limits of at least S3tn,000 for any one Person. 5506.0101) for any
one accident all pertym prodaage limit pus nt accideof S400,000. The Sella shall likewise ¢quire his
contractors, if any, to provide for such compensation and insurance. Berme any of fie Sellers or his contractors
employees shall do any work upon the premise, of offers, the Seller shall ficyng the Purchase, with a cenificam
that such compensation and immorgnce have been provided. Such cerufcates shall specify the date what such
compensation and inftince, have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees chat such compensation and imarroce shall W maintained until after the
afire work is completed ad i ccepded.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the ari a rpanfiliry and liability far any turd all damage, lass or injury afany kind
or rare whomsoever m persom or property, caused by or resulting from the execution of the work prosideJ for in
this purchase Order or f corMio , herewith. The Sella w1111Memnlfy aal hold hvmless die, Parchmer grand any
r all of the Purchasers cat ieco, agents mad employees from brad against any and all claims, loma, damages.
effigies or expenses, whether direct or indirect tied whether to persons Or property as which the Purchmer may
Be Put or subject by crown of my act action, neglect omission or default on the pan of the Sellers any of his
contractors, or any of fie Sellers or contractors officers, agents Or employees. In muse my suit of other
proceedings shall Be brought against the Purchases, or its olfers,.,ads or employers at any time on acaunt or
by reawn of any act action, neglct omission or &fuel, of fie Sella of any of his contractors or my of its a
thew officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, mlomrys fires good star exp mmea,
may and all judgments Nat may W immurgyroodi by or obtained againt Be Purehasa ar any of its or fed, Mo..
agents m employees in such suits or oNer proceedings, and in case judgmal or other lien be placed upon or
Obtained against the property of the Purcha,er, Or said panics in or as a taut, of such suits or other proceedings,
the Seller will at once cause you same to Be dissolved ad duchanged be giving bond or otherwise. The Sella and
his comractors shall take all safety proautions, famish and install ill guard necessary, for the prevention of
accidents, comply win all laws and regulations with regard to safety including, be, wifom limitation, the
Occupationl Safety and Health Act of 1920 and all gules and regulation issued pursuant thereto.
Revised 03CO10