HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9143263PO
PURCHASE ORDER 914326er Page
C117/ of PURCHASE
9143263 1 °f z
Flirt CollinsCThis number must appear
!�—J`-'� on all invoices, packing
sli sand labels.
Date: 11/04/2014
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: 06/11/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Green Built Environment Progra
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.mm
1 LOT EA
10,000.00
Total $10,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCW.DETAILS.
Tax extramom. By statute the City of Fan Collns isexempt from suer and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon saner poK mantt of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Charter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failam to promptly notify the Seller in the event of a
breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not relese the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the anomalies or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may m returned to you for credit and are not to be replaced except upon receipt of written
Porchaser to insist upon strict performance hemofor any of is rights or remedies as to any such goods, regardless
imbections from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the purchaser movie m a waiver of any of the terms
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Firal Acceptance. Receipt of fe merchandise, services or equipment in mnamwe to this ranter can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
auamrissd payment on the pan of the City of Fiat Collins. However, it is to be uedersmod rhar FINAL
Seller and the Purchaser secularism that in actual a ome practice, overcharges resulting from it.,
ACCEPTANCE is dependentn upocompletion of all applicable acquired imapectioprocedures.
violations. in fact borne by the Purchaser. Themoforee,far grad muse and as comidemdim far extending this
Purchase order, the Seller hereby assigns to the Purchmer any and all claims it may now have ar mandller
Freight Terms. Shipment must be F.O.B., City of Fort Collins, 7M Wood St., Fort Collins, CO 80522, unless
acquired under fahml or sum antiomt laws for such overcharges relating to the pudic llar good or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser paramount to this purchase order.
bit must accompany invoice. Additional charges for tacking will not be accepted
Shipment Distance. More manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made tram Sooner distance.
Permits. Seller shall procure at sellers sole cost all meeasary pennies, cenifimtes aal In. required by all
applicable laws, egulatiam, madimaxs and rules of eta state, municipality, tammry m political subdivision where
the work is performed, w requited by any other duly camtimted public authority basing jurisdiction over the work
of vendor. Scher further agrees to bold the City of Ton Collins harmless from and against all liability and loss
incurred by them by crown of an sesened or established violation of any such laws, regulations, ordinances, ales
and requiremm¢.
Authorization All parties to this contract agree fat the representatives are, is fact, bona fide and passes. full and
complete authority to bind said panics.
LIMITATION OF TERMS. Flux Purchase Order expressly limiex acceptance to the term and conditions word
herein set forth and any supplementary or additional terns and conditions annexed hereto or incommuted herein by
reference. Any additional or different team and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Immediaely if you cannot make complete shipment to arrive on your
premised delivery date res noted. Time is ofthe essence. Delivery and performance most be eff and within the time
stated on the purchase order and the documents attached herto. No acts of the Purchace, including, without
limitation, acceptance arterial Into deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal end equitable remedies, the oplion of placing this ardor elsewhere
and holding the Seller Gable Cur d orWie. However, the Seller shall not be liable for damages as a result of delays
due ro causes not remmobly foreseeable which are beyond its reasonable central and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Hood, epidemics, wars or
hots provided that notice or the conditions causing such delay is given to the Purchaser within foe (5) days of the
lime when the Seller first prerecord knowledge thereof. In the event of my such delay, the date of delivery shall be
extended far the period equal to the time actually lost by reawa ofthe delay.
J. WARRANTY.
The Seller waranrs cat all goads, articles, nationals and work corerod by this order will cant with applicable
drawings, specifications, samples anion other dacripriom given, will be fit for the purposes intended, and
Performed 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 of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost o the purchaser, any defects or faults wising within one (1) year or within such longer period of
time as may be presenbe l by law or by the toms of any applicable wamanty pmvided by the Seller spot the dam of
acceptance ofthe good furnished hereunder (accordance not to b, uaeawmbly delayed), resulting from imperfect
or defective work dam or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a weiser of any claim under this warranty. Exceed as otherwise provided in this Purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach army of the Imagoing wamvties
or guvantcez, but such liability shall in m arnt iruiude loss of pmfis or loss of use. 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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasrmay make say changes no the menu, ocher than legal lemur, including additions to or d rictions from
the gmntitiesoriginally mdeml in the specifications or drawings, by verbal or wdnm change coda. If any such
change affects the amount due or the time of awformance hereunder, an equitable adusment shall M mode.
6.TERMfNATIONS.
The Purchaser may at any near by ..amen change order, marriame this moreover as to any in it porno, of the
goods then not shipped, subject to my equitable adjustment bmween the parties in to my work or materials then in
progress provided that the Purchmn shall not be liable for any claims for anticipated profits on the uncompleted
portion orhe goods andtor work, for incidental or omsquential damages, and that em such adjustment be made in
from of the Senn with rapect to any good which we the Sellers sandard stock. No such metrication shall acheve
the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder.
V. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mutt be asserted within furry (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamns thus all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws out regulations in which the goods are subfeeL The Sella shall execute and
deliver such documens as may M required in effect or evidence compliance. All laws and regulations required to be,
newpormed in agreement of this character arc hereby incoryomted herein by this armature, The Seller ageres to
indemnify and hold the Purchmer harmless from all costs and damages suffered by the Purchaser . a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies der or to became due hereunder without the
poor women comma cribs other putty.
10. TITLE.
The Seller warrens full, it. and unrestricted tide to the Purchaser for all equipment, matcnas, and in. famished
in pear ere of this a®eament Into ab clear of my sM all liens, oxmictiom, reunariom, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller m correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereinto indicates its inability or unwillingness to comply, the Purchaser
may cause the wrote to be performed by the most expeditious means available no it, and the Seller shall pay all
costa associated with such work.
The Seller shall release the Pooloodu and its commctors of any tier firem all liability and claims of any in.
resulting from the performance of such work.
This release shall apply even in the corm of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch may.
The Seller's contractual obligations, including womanly, shell not be deemed to be reduced, in any way, reviews,
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenevn the Seller 4 mr mod ro sew any design, device, material an process covertxl by lever, pmenL trademark
r copyright, the Seller shall indemnify and save hamdess the Purchaser tram any and all claims for infringement
by r. of the use of such patmted design, device, material in pacess in comisc m with the conbam, and
shall indemnify the Purchaser for any cot, expense or damage which it may, br obliged to pay by mason of such
infringement at my time during the pmucution or after den completion of the work. In case said equipment, or
any pan thereof or the intended use of the goad, is in such suit been so constitute infringement and the use of
said equipment or Pan is enjoined, the Seller shall, err its own expense end at its option, either procure far the
Purchaser the right to continue using said equipment at pans, replace the same with substantially equal but
noninMnging equipment, or modify it so it becomes nownfnaging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an weigmnent for the benefit of credirors, appoint a
receiver or trustee for my of the Sellers property or bounce, this order may foMwif by comeled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terns used or the interprtation offe agreement and the rights of all panics hereunder shall be
construed under mud governed by the laws if the Some of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repmsen stivc(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall cant' an said work at sellers own risk until the same is fully completed and accepted, and ahead.
in case of my accident, destruction or injury to the work auction materials before Sellers final completion and
assam mer, complete the work at Sellers own expense and m the smisfictim of the Purchaser. When materials
and equipment art fundshed by offices for installation or emYim by the Seller, the Seller shall receive, colonel,
store and handle same at the site and become responsible therefor as though such material roam equipment
were being( fished by the Seller trader the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by his purchase enter,
and/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, comment] and automobile public
liability insurance with caddy injury and deaf limits of at least $JW,Q'O for any one person, S500,000 for any
one accident and pmperry damage limit per accident of S400,00). The Seller shall likewise require his
comments, if any, to provide for such mmpewtion and instance. Before any of the Sellers or his contractors
employees shall do any work upon the From. of others, the Seller shall famish the Purchaser wit a comfimm
dud such corn conedim and insurance have ban provided. Such cenifcates shall specify the dare when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mainuioW until won the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller bereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
r nature whatsoever to persons or property canted by or resulting from the execution ofthe work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold hamuless the Purchaser and any
r ell of the Northerners officers, racks and employees farm and against any and all claims, losses, damages,
changes or expenses, whefer, diner or indirect, end whether do persons or property ta which the Purchmer may
be Put or subject by reason of my act, actin, neglect, omission or default on the pan of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agens in employees. In rose any suit or other
pmecedings shall be brought against the Puprhan, or its officers, agents or employees at any doe an account in
by reawn of any act, action, neglect, omission in default of the Seller of my of his contrecters or any of is in
their officers, agents or employees a aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cosy, charge, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my wits or their effects,
agents or employees in such suits or other proceedings, and in case judgment or other Into be placed upon or
obtained against the prolouty of fe Purchaser, or said panics in at m a result of such suits or other proceedings,
the Seller will at once course the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his committers shall mine all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all lows and regulations with regard to sandy including, but without limitatim, the
Occupational Safety and Health Act of 1970 and all rules and negrdw omissued pursuant ferem.
Revised 07R014