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HomeMy WebLinkAbout211598 URBAN LAND INSTITUTE - PURCHASE ORDER - 9144764PO PURCHASE ORDER 914476er Page CltyOf44764 1of2 ' `t Collins( his number must appear ` V " 1 1 on all invoices, packing sli s and labels. Date: 08/18/2014 Vendor: 211598 URBAN LAND INSTITUTE 1025 THOMAS JEFFERSON ST NW SUITE 500 WEST WASHINGTON DC 20007-5201 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CONFERENCE AND TRAVEL INVOICE IVC016687 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@fcgov.com 1 LOT LS 5,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Clldrl'AEi OMMI1 err _ I r OW -A =1 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptiotss. By statute the City of Fort Collins is exempt fmm auto and local taxes. Our Exemption Number is 98-01502. RAeml Excise Tax Exemption Ceniti m. of Registry 84-60g0o587 is registered with the Collnmr of Internal Revenue, Down, Colorado (get. Colorado Reused Statutes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to frlure to meet svecifrsaiam, either when shipped or due to defers of damage in tramit, may a rettnned to you for credit and are not to be replaced except upon renipt of wri bm inmmuni ns fmm the City import Collins. Inspection. GOODS arc subject o the City affair Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in mthodzed payment an to pun of the City of ran Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion oral applicable required impaction procedures. Freight Perms. Shipman must be F.O.B., City of pan Collins, 700 Wood St, Felt Collins, CO 80522, unless otherwise specified on this aide,. Ifpmmiss.an is given to prepay freight and charge separately, the original freight hill must accommum invoice. Additional chorves for actions, will not be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected trainthe nearest distribution point to destiwtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall p.t,,a an sellers sole it all a,., permits, cenifcaus and Iicemes required by all applicable laws, regulations, containers and miss of the sum, municipality, territory, or political subdivision where the work k perforated, or ma uiml by any other duly comtituted public authority having jurisdiction over the work of vendor. Seller further agues to hold the City of Tom Collins hwrrnless from and ageimt all liability and loss normal by them by reason of an aszcnad or established violation of my such laws, regulations, radiances, me, and requiremen s. Authorization. All parries to this contain agree that the representatives ate, in fact, bum fide and possess full and complete authority to bind said Parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and nay supplementary or additional moms and condilims morxed hereto or imm, a rd herein by reference. Any additional or different terms and conditions xv,sed by seller are objected to and hereby rejmted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hong cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery vad performance most be effected within the time stated on the purchase order and the documents maned hereto. No aces of the Purchasers including, without limimord, acce,mor ofpanial lam deliveries, shall operate as a waiver of this provision. ]it the event ofany delay, the Purchaser shall have, in addition to other legal and quiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to crows not hoom ably foreseeable which are beyond its reeutuble control and without its fault of negligence, such nets of God, acts oFci,it or military autbories, govemmmul priorities, fires, strikes, fond, epidemics, wars or riots provided that notice of the conditions musing such delay u given to the Purchaser within fve (5) days of the time when the Seller first received knowledge thowei In the event of any such delay, the date of delivery shall or extended for the patiod equal to the time actually lost by resson of the delay. 3. WARRANTY. The Shcn wamans that all goods, articles, materials and wok emend by this order will canforrn with applicable drawings, ipeci0calums. samples and/or other dacriptimss given, will be fit for the purposes imrndM, and performed with the highest degree of cam and competence in accordance with accepted sand+^ • for work of a similar nature. The Seller agrees to hold the purchaser board s f any loss, damage m expeave which the Purchaser may suf( or incur on account of the Sellers bunch of warranty: Tha Seller shall replace, repair or make good, without cast to theparchauq any defects or faults arising within one (1) yrm or within such longer period of time m maybe pmscdbed by law may the arms ofany applicable warranty provided by the Seller after the clamor acceptance of the good f ished Remainder Uccepmnce not to be unreasonably delayed), ,reselling fmm imperf t or defective work dame or materials famished by the Seller. Acceptance or use of grad by the Purchaser shall not anti s e a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing w'armn,ies or guarantees, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTA13IL11'Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANG ES IN LEGAL TERMS, The Purchaser may make changes an legal team by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terns, including additions to or delarlou from the quantities originally ma l in the specifications or d➢wings, by verbal or written change order. If any such change affects the amount due or the time of perfosmmce hercuaMer, an equitable adjustment shall be made. 6. TERNI1NAT1ONS. The Purchaser may at any time by written change order, lermlvlc this agreement as to very or all portions of the goods Ian not shipped, subject to my aryiuble adjustment bem'rrn the parries as to any work or materials then in pmgreas provided that the Purchaser shall not be liable for any claims for anticipated pubs on the uncompleted portion of the good sea&., wink, for incidenal m casequenlial damages, and that no such adjusment be made in favor of the Seller with raped to any gook which arc the Sellers standaak stock. No such trominmion shall relieve the Purchaser or the Seller ofany of their obligation' as to my good delivered hncunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termiwtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict omplimce with all applicable laws and regulatiars to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this chamber are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cash and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall wssign, number, or convey this maker, or my monies due or to become due hereunder without the Prior written comma of the orar, Fury. 10. TITLE. The Set In warrants fill, clear and umesrdi tide to the Purchaser far all quipmmt, materials, and items f ishN in performance of this agreement f aral clear of any and all liens, restrictions, reservations, security interest encumbrances and claims afothers. I L NONWAIVER. Failure of the Purchaser to imist upon strict performance of the tomes and cons itiom hereof, failure or delay to examism any rights or manages provided herein or by law, falltue to promptly notify be Seller in thc even, of a breach, dre acceptance afar payment for goads bereander or approval of to design, shall not release the Seiler of any of the warranties of obligations, of this purchase order and shall not be deemed a waiver of any right of the purchaser to miss upon strict performance, hereofor any of its rights or remedies is to any such goods, regardless of when shipped, received or worried, as to any prior or subsequent derault areunder, nor shall any Imported oral mollification or remission of this purchaser order by the Purchaser operate as a waiver of my of the terms motor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, forpodwum and m consideration for executing this purchase order, the Seller hereby assigns to the fumhawr very and all claims it may now have or hereafter acquired under federal or shim antitms, laws for such overcharges relating to the Wniculm goods or services purchased at acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaer directs the Seller to correct nonconforming or defective goad by a date to be agreed upon by the Purclaser and the Seller, and the Seller thereafter indicates its inability or unwillinpess in comply. the Parchawr may coax the work to be performed by the most expeditions meant available to n, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser arW its contractors of any tier fmm all liability aM claims of any nature resulting fmm the performance of such work. This ml. shall apply men in the event of fault of negligence of the mr,, raleated red shall anmd m the directors, mfrers and rmployeea of such puny. The Sellers continental obligations, including warranty, shall riot be deemed to be reduced, in any way, because such work is Performed or named to be pert N by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, desire, material or process covered by letter, proem, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and al I claims for inGngemeat by rerun of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser far any cast, expense or damage which it may be obliged to pity by reason of such infringement at any time during the roc anion or situ the completion of the work. In case said equipment, or any part thereof or the intended ma, of the goods, is in such suit held to constitute infringement and the use of said equipment ar part is enjoined, the Sell., shall, an its own expense and at its option, either procure for the Purchaser the right to continue using and equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it m it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trusme for any of the Sellers Manor or business, this order may forthwith a canceled by the Pumbarer without liability. in. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and she rights of all Focus hem haler swI a consrmal under and gmemed by the laws ofthe Sate of Colomdo, USA. The fllosving Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the senicas of Sellers Repmsemricapd, on the premises crashers. 17. SELLERS RESPONSIBILITY. The Seller shall cart,, on aid work at Sellers own risk until the same is fully completed and aorpaed, and shall, in u of my accident, destruction or injury to the wok and/or materials before Sellers final completion and acceptance, complem the wok at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others far 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 fumishal by the Seller under the order. 18, INSURANCE. The Seller shall, at his awn expense, provide for she payment of workers compensation, including occupational disease benefis, to its employees employed on or in correction with the work covered by this purchase order, andfr to their depaimin s in accordance with the laws of the sate 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 imummn with nobly injury and death limits of at least 900,000 for any one person, 5500,000 for any one accident and progeny damage limit per accident of 5400,000. The Seller shall likewise require his commctors, if any, to Provide for such competsvtion and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Egoist the Purchaser with a certificate that such compemmion out irtsunson, have been provided. Such cedifemes shah specify the date when such compensation and insurance have been provided Such ttnifcums shall specify the date when such compensation and imucome expires. The Seller agrees thal such compensation call iuu. shall be maintained unit alter the entire work is m ndoed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fe entire expansibility and liability for my and all damage, loss or injury fany kind ream whasocver to persam or...dy caused by or reaching from the execution of the work provided fir in this purchase order or in connection berewid, The Seller will indemnify and hold armless the Purchaser and any r all of the Purchasers oMet.. agents and employees fmm and against any end all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpa ty to which the Purchaser may 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 or contractors officers, agents or employees. In caw any suit or other proceedings shall a ma, bl against the Purchase, or its officer, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defers thereof and to defend the ante at the Sellers own expense, to pay my and all toss, charges, artaraeys fees and other exposes, my and all judgments that may a incurred by or obtained against to Purchaser or any of its or their oRcers, agents or employers in such suits or other proceedings, and in caw judgment or other Her ba dowdi upon or obtained against the progeny of the Purchaser, or sold parties in or m a result ofsuch suits or other proceedings, to Seller will at once cause be now to be dissolved and discharged by giving road or otherwise. The Seller and his contractors shall take all safety precautions, formula and install all guard nacervery for the Intervention of accidents, comply with all laws aM regulations with regard to safety includin, but without limitation, the Cancapationzl Safety coal Health An of 1970 and all rules and regulation issued parstant bell Revised Iraq 14