HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9131832City of
Fort Collins
Date: 08/28/2014
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
9131832 1012
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 08/28/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Change order for credit per
requisition 47947
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 EA
-6,266.00
Total
Pay terms net 30 days
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 saturation. By statute the City of Fort Collins is exempt from state and local wens. Our Exemption Number is H. NON WAIVER. "
98-04502. Federal Excise Tax Exemption Ceeificam of Registry 84-6000587 is candarnl with the Collector of Failure of the Pumbrou to atavism upon said performance of the at. and conditions hereof, failure or delay to
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Samoan 1973, Clarifier 39-26, I I4 hu. exercise any rights or emission Provided bertin or by law, failure to pmmptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped w due to defects of any of the warantiea or obligations of this pumhau order and shall am be domed a waiver of any nghr of the
damage in tranit may be retuned to you for credit and are not to be rapt aed except upon receipt of written purchaser to mist upon strict performance harefor any of its rights or remedies as to any such fonds, regardless
immrions foam the City of Fart Calif.. of when shipped, creased or accepted, as to arty prior or subsequent default hereunder, nor shall any purposed
oral mai enton an rescission of this purchase order by the Purchma opiate n a waiver of sty of the terms
imperial... GOODS are subjecuo the City of Fan Collin inspection no morival. hereof.
Final Acceptance. Receipt of the mersandiw, 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 Fos Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize flaw in actual economic practice, overcharge resulting foam amittnl
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Therrofim, fogood cause and as consideration for executing this
purchau order, the Sella hereby assigas to the Purchase any and all claims it may now have or hereafter
Freight Term. Shipment must be F.O.B., City of Fan Calif.. 700 Wood St., Fort Collins, CO 80522, tad an
otherwise specified on this order. If pamissio t is given to prepay, freight will charge acparimly, the original freight
bill mil accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in vmmu ,.as of the country, shipment is
expected foam the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipment are made from greater obscure.
Permits. Seller shall picture at sellers sole cast all necessary passim, cuddraces and licenses required by all
applicable laws, regulations, ordinances and toles of the state, municipality, territory, or political subdivision where
the work is performed or required by any other duly constituted public authority laving jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hamless farm and against AI liability and lass
incurred by them by teams of an asserted or established violation of any such laws, regulations, ordiro nces, mles
and cannot
Authorization. All parties to this contract agree the the representatives arc, in fact, Was file and possess full and
complete tradonry to bind said parties.
LIMI'PA'I ION OF TERMS. This Purchase Order expressly Ilmits acceptance to the lams and conditions stated
herein sec forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
,,remain. Any callowal or diffeeeauerm as coaidon proposes by villa ate objected band he achy r jeered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
p waisel delivery data as .,,,,ad. Tate is of the essence. Dorset, rind perfarmmtm rant be arrested within the time
stated on the parchse coda and the document touched hereto. No ma of the Purchasers including, without
limitation, carapamce of p but late deliveries, shrill .,wwo n. waive, of this provision. In the event of any delay,
the Pachsser shall have, in addition bother legal as equitable remedies the option edplacing his .,it,, elsewhere
and holding the Sella liable far damages. Hmseve. the Sella shall or be liable for damages as a mull of delays
due to causes not reasonably foreseeable which are beyond it reasonable control and without its fault of negligence,
such act ofG.d, tack ofit, it or military roommos, governmental priorities, Gres, wakes, flood, epidemics, wars or
nut provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge therm(. In the event of any such delay, the date of delivery shall be
exteaed for the pens equal to the time smat last by ream. of,h, delay.
3. WARRANTY.
The Sella wamns that all pads, anidm, materials and work covered by this order will contra with applicable
drawings, specifications, sernples and/or other descriptions Given, will be fit far the purposes intended, and
pertomed with the highest degree of care and competence in accordance with accepted standard for work of a
similar awmre. The Sella agrees to hold the purcbzser homeless foam any lass, damage Or expense which the
Purchaser may sutra or incur on accomt office Sellers breach of warranty. The Sella shall replace, repair or make
Food without cost on the purchaser, any defect or full arising within one (U year or within such longer pens of
time as may be prescribed by law or by the min of my applicable warranty provided by the Seller after the data of
acceptance of the goods furnished hereunder (acceptance not to be measurably delayed), resulting from imperfect
or defective work done or materials fmlshed by the Seller. Acceptance or use of wands by the Purchaser shall not
constitute a waiver of any claim w rk, this wamnty. Except as otherwise provided in this pumhau order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing nationalist
or gumamtts, but such liability, shall in no event include loss of profirs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL T ERM&
The Purchaser may make changes to legal terms by writtm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, Other than It team, including edition to or deletion foam
the quantities originally woh ed in the specincations or unwrap, by veM 1 or wourm change order. If any such
change affect the amount due or the time ofperfommee herctual an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change debt temiram this apa ment as to my or all pr nions of the
good then not shipped, subject to my equitable adjustment between the Iranian as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims (or anticipated pmfia on the mmmpleted
,onion of the good calm, work, far incidental or conryuemial damages, and that no such adjustment be made in
favor of the Seller with matter to any goods which arc the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of my of their obligations as to any fend delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for almmem most bar wands within shiny (30) days from the date the change or automation is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all goods sold hereunder shall have ban porduced, said, delivered and famished in short
compliance with all applicable laws and regulations to which the goods art subject The Seller shall execute and
deliver such datmmt as maybe captu rat an after or evidmce compliance. All laws and egulmion required on be
incorporated in unicameral of this character am hereby incorporeal herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless foam all cost and damages suffered by rise Purehmer in a result of the
Sellers fi lure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, miter, cr convey this order, or my monies due in as become due drainage, without the
prior..a consent of the other parry.
IO. TITLE.
The Seller warrant full, clear and downward title to the Purchase, for all equipment, matend , and items furnished
in pafammce of this agreement free and clew of my and all Item, mounic ins, reservation, mount, intent
encumbrvacn and claims mi'ma os
acquired under faecal a state antitrust laws for such overcharges relating to the, particular goods at services
occurred me acquits by the Purchaser pursuant ram this mocha • will
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direct the Seller to coral nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Tarcbuer
may cause the work to be performs by the nwst expeditious team available to it and the Seller shall pay ail
cast auocims with inch work.
The Seller shall release the Purchase, and its contractors of any tier foam all liability rind claims of any rature
resulting foam the performance ofsuch work.
This release shall apply even in the event of Earth of negligence of the pony released and shall extend to the
dimmors, officers and employres ofsuch party.
The Sellers conmetual obligations, including warmly. shall not he domed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any deign device, mmmal or process covered by lever, Patent trademark
no copyright, the Seller shall indemnify as sate homeless the Pumhaer from any and all claims for infdngermm
by reason of the use of such pamms design, device, matedal or porcess in connection with the contract, and
shall indemnify the Pumhaw for any cost, expense or damage which it may be obliged to Pay by reason of such
iafrinprical at any time during the prosecution or after the completion of the work. In case said equipment, or
any port thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said cquipmem or pas is enjoins, the Seller shall, of its own expene and at it option, either proem' for the
Purchaser the right b continue using said equipment or Parts, eplace the same with subsaatially equal bur
mninfringing equipment or maify it on it becomes noainGnging.
15, INSOLVENCY.
If the Seller shall became inolvem or banknpa, make an assignment for the benefit of creditors, appoint a
or
.We for any of *a Sellers property or business, this doctor may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms doctor the matriculant of the agreement as the right of all parties hereunder shall be
convicted under and gmemed by the laws ofthe Some ofColomdo, USA.
The following Additional Condition apply only th cases where the Seller is to perform work hereooda.
including the smices of Sellers Rrpresenwtive(a), on the porn. ofothers,
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk omit the some is fully complied and accepted, and shall,
in x of any occident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the purchaser. When materials
and am men, are hundred by others for inallmion or erection by the Sella, the Seller shall receive, mlood,
store and handle same at the site and become canto le domfor in though such dowbo k rwi equipment
were being fumishs by the Sella under the order.
I B. INSURANCE.
The Seller shall, al his own expense, provide fr the payment of workers compensation, including Occupational
disease benefit, to its employees employed canor in connection with the work covered by this purchase order,
color w their dependmt in accordance with the laws of the stare in which the work is to be done. "a Sella
shall also carry compreheniv, general liability includin& but not limiter to, commercial and mtonmbile public
liability imumnce with bodily injury and death limit of at least S300,00h for my one pat s500Jgm for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
if any. I. provide Ibr such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a cenificam
that such eampe a anion and imumnce have been provided. Such -ureters shill specify the date when such
compensation and insurance base ban provided. Such amficams shall specify the date when such mmpaurnion
and incumnce exports. The Sella agrees that such compensation and imumnce shall be maintains until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility ea liability for any and tali damage, loss or injury army kind
or omut whatsoever to persons or property asked by or mulling from the execution of the work provided for or
this purchase under or in connection herewith. The Sella will indemnify and hold hamless the Purehwur and my
or all or me Purchasers officers, ,,as and employees form and against my and all claims, loss«s damage,
charges or expenses, whether direct or noticed, and whether to persons or properly to which the Purchase, may
be put or subject by reason of any act, action, ocular, omission or default an the pan of the Sells,, any of his
contractors, or any of the Sellers or contactors officers, agent or employees. In case my suit or other
promedings shall be brought against the Purchase,, or it officer, agent a employees at my time on account or
by reason of my act xturn, ran, r, omission or &fuel, of the Sells, of my of his rumbas. err my of it or
their offcers, agent or employees as aforesaid, the Seller hereby agree to assume the defers thereof and to
defend the same at the Sellers own expense, to pay my and all ant, chafes, moment; fees and other expenses,
any and all judgments that pray be incurred by or obtained against the Purchaser or any of its ar their officers,
agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said Paribas in or as a result of such suit or other proceedings,
the Sella will or oaa muse the same an be dissolve and discharged by giving bond or otherwiu. The Sella and
his combustion shall take all safety precaution, fumish and mall all pods necessity for the pmento of
mcident, comply with all laws and regulation with regard to safety includin& but without limitation, the
Occupational Safety and Health Act of 1970 and all toles and regulation issued pursmnt thereto.
Revised 07n014