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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9136324Fort Collins Date: 11/26/2014 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 9136324 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Addendum to add funds 1 LOT EA 44,634.00 Performance Incentive Per requisition 48625 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.00m 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 I. COMMERCIAL DETAILS. Tax exemptiotu. By statute the City of Tom Collins is exempt from state and local taxes. Om Exemption Number is 98-43,1502. Federal Excise Tax Exemption Cenifeare of Registry 8C-6000587 is registered with the Collector of Formal Revenue, Denver, Colorado (Ref. Colorado Revised Smutes 1973, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tmnsi4 may be remmed in you for credit and an not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inpation. GOODS are subject to the City of Fort Collins inspection on e,nwil. Final Acceptance. Receipt of the merchandise, wrivide, or equipment in response to this offer cam result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures. Freight Tenn. Shipments mast be F.O.B., City of Fort Collins, 700 Wood M., Few Collins, CO 80522, unless otherwise specified on this offs. If permission is given to prepay freight and charge Separately, the original freight bill must accompany invoice. Additional charges for poking will not be accepted Shipment Distance. Where manufacturers hive distributing points in us parts of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invuice when shipments ate made Gom greater distance. Permits. Seller shall procure at sellers to cost all necessary pannits, ceoificales and lirenses required by all applicable laws, regulation, ordinances and ruler of the score, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an assewed or established violation army such laws, regulations, ordinances, olds and requirements. Aurlmnwtion. All parties to this commit agree but the iWresenmtim, are, in fact, bon fide and possess full and complete amhodty, to bind said probes. LIMITATION OF TERMS. This Purchase Offer expressly limits acceptance to the man and conditions stated herein set forth and any supplementary or additional to. and conditions annexed hereto or incorporated herein by refetenco. Any additional or different terms end condition proposed by seller art objecad to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the dxwxcz Delivery and performance must be effected within the time stated on the purchase order and the documents mmched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser Shall have, is addition mother legal and equitable remedies, the option ofpocdg this .,do, elsewhere and holding the Seller liable far damage However, the Seller shall at be liable for damages as a result of delays due to causes nor reasonbly foreseeable which aft bcyoad its reasowble control and wihour its fault of negligence, such acts of God, acts of civil or military ambush ce, govemmcons l priorities, fires, strikes, Rood, epidemics, was or riots provided that notice of the condition caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period egml m the time actually lost by noon ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, matmaLs and work covets by this order will conform with applicable drawings, specifications, samples abbot other descriptions 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 ionow nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or inem on accomtt ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without not to tbe purchaser, any defects or faults ansgn, within one (1) year or within such longer prod of now as maybe prescribed by law or by she terns army applicable wamrny provided by the Seller after the date of acceptance of the goods Finished hereunder (acceptance not 1. be ...My ddayd), rautring from imparted or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaer shall not consulate a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximady caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHAMABILITY 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 Purchaser may make any changes or the time, other ban legal terms, including addition to or deletion from the gmmitia ongnmlly anded in the specifications or drawings, by vetbel or written change other. If any such change aReas the amount due or the time ofperfonnmce hereunder, an equitable adjastmew shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this maement es to any or all pOman, of the goods then not shipped, subject to my equitable djusaent between the patties m to any work or materials can in progress provided that the Purchase shall oat be liable for any claims for anticipated profits an the umompletd Portion ofthe goods anNor work, for incidental or consequential damages, ad but no such adjustment he made in favor of the Seller with respect to my good which art the Seller standard stock. No such rumination shall reline the Purchaser or be Seller of any arbor obligations as m any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ..oil within buy (30) days from be done the change or temtluntion is ordered. I. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, sold, delivered and furnished in stria omplianec with all applicable laws and regulations in 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 to be mcorromted in agreements of this character are hereby mcorrammd herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all costs and damages mfTered by the Producer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither May shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the poor written cousen, or be other party. 10. TITLE. The Seller warrants full, clear and waresmned tide a the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security modest eramatuwces and claims ufethers. 11. NONWAIVER. Failure of the Purchaser to insist upon stun performance of the to= and conditions hwdof, failure err delay to exerc my rights or terndics Provided herein or by law, failure to promptly ratify the Sella us the event of a bred, the acceptance of., payment for goods hereunder or Wmicroal ofhe design, shah not release the Solid of any of the wanamies or obligations of this purchase order and shall not b, deemed a waiver of my right of the purchaser to insist upon .or performance hereof., any of its rights or remedies as to any such goods, regaolless of when shinnied, received or accepted, u to my Our or subsequent default heremder, nor shall any narrowed oral modification or nadissiaa of this Purchase order by the Paddies operate as a waiver or any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in corral economic practice, overcharges resulting from amad violations rare in fact home by the Purchase,. TherHof rre, for good cause and as consideration for doorman, this purchase color, the Seller hereby cosigns m the Puchaer my and all claims it may now base Or hereafter acquired under federal or state antitrust laws for such overcharges totaling to the Particular gaud in services p rclowed at acquired by the Purchaser purstrmt to this purchase other. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a doe to be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all coos associated with such work. The Seller shall release the purchaser and its contractors of my her firm all liability and claims of any mom resulting Gom the perform ve of with work. This retrace shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pan,. The Sellers contrmtml obligation, including waramy, shall not be deemed to be reduced, in my way, because such work is performed or caused to be Perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, paten, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by ,.awn of the sex of sack patented desigq device, matenal m process in correction with the dwWd, said shall indemnify the Prichard for any cos, expense or damage which it may be obliged o pay by reaon ofsuch infringement at any time during the prosecution or and the compleion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to contimm infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the nght to continue using said equipment or pans, replace the same with substantially xgml but notdafeinging equipment, or modify it so it baama nonin(einging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or unions, for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defittiomor of rams used or the intnpreodon ofthe agreement and the rights of all partia hoodar id shall be canrmed order and Rumored by the lawn ofthe Sense ofColamdo, USA. The following Additional Conditions apply only in cases where the Seller is or perform work hereunder, including the services of Sellers Repreaenmtiods), on the premises of o0mrs. 17, SELLERS RESPONSIBILITY. The Seller shall curt, on said work at Sellers own nil, until the same is fully comply d and accepted, and shall, to sue of any accident. dawclim or injury fo the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle Same in the site and become responsible therefor as though such materials ander ry.i,.,nt were being famished by the Seller Will the offer. 18, INSURANCE. The Seller shall, at his own expense, provide fro the payment of workers compensation, including compationzl disease benefits, to its employees employed on or in connection with the work covered by Otis purchase cold. andlor m their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but Out limited ,o, connacmal and automobile public liability insurance with bodily injury and death limits of al leas[ S300,000 far any one person, $500,000 for my one mp accident and pen, damage limit per accident of 5400,000. The Seller shall likewise raiuire his contractors, if any, to provide for such compensation and insurance. Before my ofthe Sxllers or his conracrom employees shall do any work upon the premises of other, the Seller shall famish the Purchaser with a cenificam that such c.mpenmtion end insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and assurance expires. The Seller agrees Oast such compensmion coed insurance shall be maintained unfit OR,, the entire work is complered avd ado nted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in cormection herewith. The Seller will indemnify aM hold harmless the Purchaser and my at all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whaher direct or indi e , and whMe, in person or property to which the Purchaser may be put or subject by reason of any Oct. action, wi la, omissioa Or default on the paw of the Seller, my of has .ntmcton, or my of the Sellers or contractors officers, agents or employees. In cone my suit or other proceedings shall he brought against the Purchaser, or its olBc ss, agents or employees at any time on account or by reason of any ate, who% neglect, omission or default of the Seller of any of his courtrooms or any of its m their officers, agents or employees as aforesaid the Seller hereby ultimata to assume the defense thereof and to defend be same at the Sellers own exprnse, to pay my and all costs, charges,..mays fas and other expenses, any and all judgments tint may be incurred by or obtained against the Purchaser or my of its or their Officers, agents in employees in such suits or other proceedings, and m case judgment or other lien be placed upon at obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all grand necessary for the Prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issud posumt therero. Revised 07nil