HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9145008PO
PURCHASE ORDER 914500er Page
CCliy of PURCHASE
45008 1ef2
' `t Collins( his number must appear
V " 1 1�7 on all invoices, packing
sli s and labels.
Date: 08/29/2014
Vendor: 102552
C S U CASHIER'S OFFICE
6015 CAMPUS DELIVERY
118 LORY STUDENT CENTER
FORT COLLINS CO 80523-6015
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 08/29/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Living Wall/Nature in the City 1 LOT LS 7,663.00
PM WITH IBE
PER AGREEMENT DATED 8-11-14
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
Pay terms net 30•days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
. - • .. - - IRdS17QGTiRi
Page 2 of 2
L COMMERCU1,DETAMS.
Tax exemptions. By some the City of Fon Collim is exempt flown state and local taxes. Our Exemption NmnM is
11. NONWAIVER.
9"502. Fedenl Excise Tax Exemption Certificate of Registry 84-6000587 is regismnd with he Collator of
Failure of the Purchaer to indoor upon street performance of den mom and conditions hermE failure in delay to
Imemal 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 rmfify the Seller in the event of a
towns the aceeil or., payment for goods hereunder or approval of he design, shall not mland 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 Omer and shall not be deemed a waiver of any right of the
damage in transit, may be remould to you for credit and are not to be replaced except upon receipt of writers
purchaser to insist upon strict performance hereof or any of its rights or remedies w to any such goods, regardless
instmctions from the City of Fon Collins.
of when shipped, received or accepted, as to any Her or subsequent default hereunder, no, shall any pu,.a,d
oral modi Elation Or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject m the City of Fun Col [its inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can occult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mahairel payment on the pan of the City of Fun Collins. However, it is to be understood Nat FINAL
Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting fmm antiment
ACCEPTANCE is dependent upon completion i f all applicable rtquind inspection pmcrdars,
violations art in fact borne by the Pmebaer. Theeammar, far good cause and as consideration for executing his
purchase ordax, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Teats. Shilnnevts must be P.O ,, City of Fort Collins, 200 Wood St, Far Collins, CO 80522. Mess
otherwise specified con this order. If permission is given to prepay freight and charge separately, the original freight
bill ........y invoice. Addidowl charges for Parking xit[ not be accepted.
Shipment Distance. More normufaclurers have distributing points in us parts of the country, shipment is
expected from the nearest distribution point to destination, and excess frtaght will be deducted fmm Invoice when
shipments sere site from greater chronic.
acquired under federal or stare .,I., laws for such marcharges miming m the particuler goods or Bermes
purchased or acquired by the P..ha , pursuant .this purchase order.
IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Pumhaer directs the Seller to concert nonconforming or defective goods by a date to he agreed upon by the
Purchaser and the Seller, and he Seller merrier indicates its inability or unwillingness to comply, the Purchaser
may cause the work 10 be performed by the most expedilious means available to it, and the Seller shall pay all
ecOtsaa,clumed with such work.
Permits. Seller ahall prowre at sellers auto oust all nrawar, permits, certificates and licenses required by all
mi,heuble ]aws, regulations, orda moor and rules of the some, municipality, laritary or Labored subdivision where
th, work is pamarned, or required by any other duly annunciated public authority having jurisdiction over the work
of vendor. Seller further agrees to hold line City of Fun Collins harmless from and against all liability and loss
incurred by them by reason of an awned or established siolaron of any such laws, regulations, ordinances, tales
and requlr meats.
Authoritarian. All parties In this contra, agree tnal the repreunarier, me, in fact, from fide and Pmaess full and
complete nutnonry to bied said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lams and conditions sated
heroin set fort and any supplementary or additional teats add conditions annexed here, or incorporated herein by
reference. Any additional ar di@rent Mans and conditions proposed by seller art objected to and hereby mwered.
2. DELIVERY.
PLEASE ADVISE PURCHASE4G AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be elicited within the time
Metal nn the purchase Omer and the due unrart auached hereto. No it, of the Purchase, including, without
limitation, acceptance of,artial lam deliveries, shall operate as a waiver of this prosision. In the event of any delay,
the Purcbacr shall have, in addition to other legal and equitable remedies, the often (it placing this order elsewhere
and holding the Seller troll, for damage. Ilowev a. the Seller shall not be liable far damages as a result of delays
due to causes not reawmbly foreseeable which am beyond its reasonable comml and without its fault ofnegligrnce.
such two of God, nets of civil or military authorities, 11em.a.1 ptionties, files, atnkes, Rood, epidemics, wars a
riots provided hat notice of the conditiaa causing such delay 6 given on the Purchaser within five (5) days of the
time when the Seller fat received knowledge thertmE In drc event of any such delay, the date of delivery shall be
avcnded fat he period equal, the time actually tat by reaon ofthe delay.
).WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will cant with applicable
drawings, specifications, samples andWr other descriptions given, will be fit for the purposes intended, and
performed with he highest degree of cme and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser circles, fmm any loss, damage or expense which he
Purchaser may suffer or incur on account of the Sellers breach of wa 1y, The Soler, shall replace, repair or make
goad, witham cost to he purchaser, any date,,, or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller alter the time of
acceptance of the goods f fished hereunder (acceptance not to be unreasonably delayedk reaching f m imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Protest shall not
constimm a waiver of any claim under this warranty, Except as otherwise provided in this pureha d oral,, the Sellers
liability hereunder shall extend in all damages proximately caused by the breach of any of the bungling warranties
or grareaters. but such liability shall in no event include lass ofpmrc, or loss of con. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
For Purchaser may make changes to legal term by wnnm change order.
S. CHANGES IN COMMERCIAL TERMS.
'I be Purcha,rmay make any changes o the terms, other ban legal terms, including wdilians 10 or deletinm fen.
the .entities Originally ordered in the s,wi ficutions or drawings, by verbal or written change omen If any such
change a0ec,, the amount due or the time of performance hereunder, an equitable adjusunrnt shall be .;site,
6. TERM [NATIONS.
The Purchaser may at any time by written change order, terminate this agreement a to any ar all portions of the
goods then not shipped, subject to any aquimble adjustment between the panics as to any work ar materials then in
progress provided bat the Purchaser shall not w liable for any claims for anticipated profits on the uncompleted
,anion of the goods aodfor work, for incidental or Caremmential damages, and that no such m1juwwwd be made in
favor of the Seller with respmt to any guo6 which art the Sellers standard stock. No such telmimwn shall relive
the Purchaser crthe Sella of any oftbeir obligai ss as to any goads delivered harrower.
9. CLAIMS FOR ADJUSTMENT.
Any claim for wjusament must be aasened within 111 (30) days fmm the date tbe change co termmaliov is
ordered.
S. COMPLIANCE WITH LAW.
1Te Seller ...at, that all gown sold hereunder shall have been produced, sold, delivered and famished in strict
oradiance with all applicable laws and regulations to which the goods are subject the Seller shall execute and
deliver such documents a maybe required to effect err evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees 10
indemnify and hold the Pumhmm hatrnless fmm all casts and damages suffered by the Purchaser as a nsuh .[the
Sellers failurem comply with such law.
9. ASSIGNMENT.
N60pa pony shall assign, re9nsfa, or convey this order, or any movies due or to become due hereunder without the
prior written exament of the othm parry.
10, TITLE.
The Seller warrants full, clear and unnstrimal till, in the Purehaser for all cqurward, mmenals, and in. f rmishm
in performance of his egmement free and clear of any and all Item, mm inions, reservatimi, security bons,
encumbrances and claims ofobe,.
The Seller shall release the Purchaser and its comments of any tier from all liability and claims of any nature
resuhing from the performance of such work.
This release shall apply can in he event of fault of negligence of the pate released and shall extend to the
directors, oRcers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be dttmed to be reduced, in any way, became
such work is performed of caused to be performed by the Purchaser.
14. PATENTS.
Whenever he Seller is required Muse any design, device, material or powers, covered by letter, patent, trademark
or copyright he Seller shall indemnify and save harmless the Purchaser firm any and all claims for infrmornent
by reason of the use of such patented design, davit, material or piwess in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or afar he compleion of the work. In cat said equipment, or
any part Thereof or the intended use of The goods, Is In such suit held to consumer infringemev and the use of
said attPre n or pan is enjoined, the Seller shall, at its own experts 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
noniefringing equipment, or modify it so it becomes noninfn'nging.
IS. INSOLVENCY.
If the Seller shall become inrolvmt or bat frown, make an assignment for the benefit of creditors, appoint n
receiver or income for any of rate Sella, progeny or business, his order may forthwith be canceled by the
Puahaa withfut liability.
16. GOVERNING LAW.
The definitions of terms used or he ioterpre ation ofthe agreement and the rights ofall parties hereunder shall be
comvued under and governed by me laws of the Said ofColorms, USA.
The following Additional Conditions apply only in cases where he Seller is to perform work hereunder,
including he services of Sellers Rpreunmlive(s), on the premises ofmorm.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall,
in u of any accident, damnation or injury to the work maker materials before Stiles final completion and
cceptance, complete the work at Seller's own expense and to the satisfaction of he Purchase. When amounts
ants
and equipment we famished by others for installation or reaction by the Seller, the Seller shall receive, unload,
store and handle same at the site and become respomible henfor as hough Inch no enols sandier equipment
wen being famished by the Sellerorda the order.
IS. WSURANCE.
The Seller shall, a1 his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covets by this pumhat older,
incisor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits ofat least S300,000 for any one person, 5500,000 fur any
tmadam and property damage limit per mcident Of $400,000. The Seller shall likewise require his
c
anal w, i1' any, to pmade for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ampetrmtion and insurance have been provided. Such certificates, ball specify the date when such compensation
and insurance expires. The Seller agrees chat such compensation and insurance shall be mainmined until after the
entire work is completed and accepted.
19. PROTECTION AGAR ST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire raportsibiliry and liability for any and all damage, Iles Or injury ofmy kind
or nature whemover to perom or pmpary caused by or resulting fmm the exemption of the wade pounded for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaa and any
cr all of the Purchasers otTcers, agents and employees to. and against any and all claims, losses, damages,
harger or expenses, whether direct or indirect and whether, persons or property to which the Purcharmr may
be put or subject by reason of any act azlion, neglect, omission or default on the port of the Seller, any of his
antmmurs, or any of the Sellers or contractors officers, agents or employees. In care any snit or other
proceedings shall be brought against the Pmchaner, or its officers, agents or employees at any time an 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 as mormid, the Seller hereby agrees , assume the defense thereof and m
defend the same a1 the Sellers own expense, in pay any and all casts, charges, atmmeys fees and other expenses,
any and all jwgmena that may be iacunM by or obtained against the Purehaser or any of its or their officers,
agents or employees in such suits or other proeedings, and in case jwgment or other lien be placed upon or
Obtained against the property fife Purchaser, a said parties in or as a result of such suits or oNer proceedings,
the Seller will at care cause the same m be dissolved end discharged by giving band a mherwied. The Seller end
his contractors shall take all safety precautions, furnish and mall all gtardd necessary for den prevcvtim of
accidents, comply with all lows and exudations with regard , safely mcludmg, but without limitation, rate
Okenpatiowl Safety aw Health Act of 1970 and all tales aw regulations issued pursuant hereto.
Revised 022014