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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9147404PURCHASE ORDER PO Number Page City of947404 1of2 Flirt Collins( his number must packing !-\V`I ` V ` �7 on all invoices, packing sli s and labels. Date: 12/15/2014 Vendor: 102552 Ship To: COMMUNITY DEV & NEIGHBORH C S U CASHIER'S OFFICE CITY OF FORT COLLINS 6015 CAMPUS DELIVERY 281 N COLLEGE AVE 118 LORY STUDENT CENTER FORT COLLINS CO 80521 FORT COLLINS CO 80523-6015 Delivery Date: 12/15/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Living Wall 1 LOT LS 26,500.00 CSU/IBE per Amendment01 dated 12-11-14 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@fogov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 WM rxt�.a�x�siazrttrcrx� Page 2 of 2 L COMMERCIALDEfAIIS. Tax exemption. By statute the City of Fort Callin is exempt from state and local tarn. Om Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifcam of Registry 84-6000587 is registered a ith the Collator of Failure of the purchases to mist upon anict perfomam, of she terms and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Suactes 1973, Chapter 39-26, 114 (a). exercise any righs or remedies provided herein or by law, failure to promptly wtity, the Sella in thc eveut of a breach, the acceptance ofor payment for goods hart ander or approval arms design, shill not release the Sella of Goods Rejected. GOODS REJECTED Site to failure to men specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of edoen Purchaser to insist upon ails, performance homy fur any of its rights or remedies as to any such goads, regardless inWnions farm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any remained coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tens Inspection. GOODS are subject m the City of Fast Corbin inpection an attend. hereof. Find Acceptance. Receipt of the merchandise, services or equipment in impome ro this rrda can resalt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthodaed mymms oa the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognim that in actual a is practice, overcharges resulting fom antitrust tgood edures. cedures. ACCEPTANCE is dependent upon completion of all applicable required inpeproc violation ere in fact home by the Purchases Therehlmef car. and a consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most W F.O.R., City of Fort Collins, Too Ward St, Too Collins, CO 80522, unless acquired under federal or haze antitrust Imes for such overcharges redacting m the particular goads or services Otherwise specified on this order. If permission W given to prepay freight and charge separately, the Original freight purchased or material by the Purchaser pursuant or this purchase order. bill mast accompany invoice. Additional charges for packing will teat be accepted. Shipment Dismnce. Where mmufmuaers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments am made from greener distance. Permits. Sella shall promue at sellers to cost all am., permits, certificates and Rest required by all applicable Wes, regulation, ordinances and roles of the state, municipality, factory or political subdivision where the work is performed, or required by any other duly conducted public authority having jurisdiction over the work of vendor. Seller further agrees a hold the City of Fan Collins hamdess firm and againt all Imbiliry and loss incurred by them by reaun of an asserted or established violation of any such laws, regulation, ordinances, rates and requirommes. Authonention. All parties to this comrmt agree that the representatives are, in fiat, bane Fide and possess full and wmplete nathoriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits nevermore to the corms and conditions stated herein set forth and any mpplemenwry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby nejecouT 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery dam as noted. Time is of the essence Delivery and performance most be effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchases including, without limitation, acceptance of partial Irate deliveries, shall operate as a waiver of this provision. In the event ol'my delay, the Purchaser shall M1ave, in addition to other legal and equitable remedies, the option of plaam this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages m a result of delays date to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act, of cod, mts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, was or lots provided that native of the condition causing 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 equal to the time actually lost by rcasan ofthe delay. 3. WARRANTY. The Sella wamms dust all goods, articles, materials and weak covered by this order will conform with applicable shavings, specification, samples sailor other description given, will 4 fat for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar natant. The Seller agrees to hold the purchaser bamless 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, warrant cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescnbal by law or by the terra of any applicable warrant, provided by the Sella after One date of .a. of Be good fumished hereunder (mceptaoca out or be unreasonably delayed), naWring farm import t m defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not rntimte a waiver of any claim under this warranty. Except m otherwise provided in this purchase under, the Sellers liability hereunder shall extend Ir all damages proximately caused by the breach of any of the foregoing warranties or Ramadas, but such liability shall in no event include Ins of profits or loss of ne. 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 wr inert change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teas, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change order If my such change affects the amount due or the time ofperf rrmance hereunder, an equitable adjustment shot Ise made. 6. TERMINATIONS. The Purchaser may in any time by written change order, terminate this aim emmt as to any or all portions of the goods then not shipped, subject to any equiable adjustment between the parties as in any work or materials then in progress provided that the Purchaser shot not be liable for my claims for anticipated profits on the uncompleted proton ofthe goods and/or work, for incidental or coos quential dvwges, and shot no such adjustment be made in favor of the Sella with respect to any good which art toe Sellers sandard stork. No such l rrhanim shall relieve the Purchaser or the Sella army argon Obligation as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant be cnened within thirty (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all good said hereunder shall face ban pmduad, sold, delivered and f ished so strict compliance with all applicable laws and regulation to which the good are subject The Sella shall execute and deliver such domments as may be ralumul to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character care hereby incorporated herein by Nis reference. The Seller agrees to indemnify, and hold the Purchaser harmless fom all costs and damages saffercd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mutt or convey Nis order, or any monies due or to become due hereunder without the plan written consent of the offer parry. 10. TITLE. The Sella warsys full, clear ad animmandtitle m the Purchaser for all equipmmd, reamials, and items formal or performance of this agreement fie, and nest of my and all lien, restriction. reservations, s moony hmreat encumbrances and claims o f orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply. the Purchaser may cause the work to be Emotional by the most expedition mean available to it, and the Sella shall pay all cents assaximal with such work. The Seller shall release the Forebear and its comments of any tier from all liability court claims of any nature resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees of such party. The Sollars contractual obllgaton, including wemenry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by ale Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infnngement by maven of the tee of such formed design, device mamd or process in connection with the contact, and shall indemnify the Purchaser im any cos, expeme or damage which it may be obliged in pay by person ofsuch infringement at any time during the Prosecution or after the completion of the work. In rase said equip cad, or any pan thereof or the intended use of the goods, is in such suit held to consulate Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to common, using said equipment or pans, rotator, the same wild substantially tyual but noninfnnging,quipment, or modify it so it becomes mninfinging. 15. INSOLVENCY. If the Seller shall become solvent or bankrupt, make an anigtmrnt for ale benefit of creditors, appoint a cassava or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Its. GOVERNING LAW. The defichon nfit. rased as ale antapmatioo argue agreemem and the rights of all parties hereunder shill Ise wntrued under and governors] by the Iowa ofthe Sam of Colorado, USA. The following Additional Condition apply only in taus where the Sella is f perform work hereunder, including the services of Sellers Representative(s), on the premues ofothers. 19. SELLERS RESPONSIBILITY. The Sella shill may on said work at Sellets own risk ,it the same is fully wmpletal and mceyted and shall, in rase of my accident, destruction or injury or the work md/or contends before Settees final completion and acceptance, complete the work at Series own expense and m she satisfaction of the Purchaser. When n doorods and equipment are famished by others for installation or election by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor n though such materials andror equipment were being Burnished by the Sella miler she order. 18. INSURANCE. The Seller shall, at his own expense, provide fro the payment of workers compensation, including occupational disease benefirs, to its employees employed on or in connection with the work covered by this purchase order, 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 tarty comprehensive general liability including, but not limited to, contractual and automobile public Liability insurance with bodily injury and data limits of at lent $300,000 for my one person, S500,000 for any accident and propmy damage limit per accident of SC00,000. The Seller shall likewise require his Gamma nors, Hour, to provide for such compensation and insurance. Before my ofthe Sellers or his comments employees shall do any work upon toe premises arousal, the Seller shin fumish the Forefoot with a certificate that such compensation and inwmna have been provided. Such certificates shall specity the dam when such compensation and insurance have bven provided. Such cenifiwtes shall spccify the date when such compensation and insurance expire. The Seller agrees that such compensation and resonance shall be maintained writ after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire misoniblll y and liability for my and all damage, loss or injury, army kind or nature isEastover to persons or property caused by or resulting from the exception of the work provided f in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any r all of the Purchasers officers. agents and employees from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect, and whether to person or popmy to which the Purchaser may be put or subject by mown of my rot, action, mildat, omission or default on red pan of tic Sella, any of his wntractons, or my of the Sellers or contractors Officers, agents in employees. In use any suit or other proceedings shall be brought againt she Puchazer, or its officers, agents or employees at my time on meount or by reason of any Oct. action, neglect, omission or default of the Seller of any of his contractors on any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any end all costs, charges, amomeys fees end other expenses, my ad all judgments Out may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees as such suits or other proceedings, and m case judgment or other law ho placed upon or obtainal against the property of the Purchaser, or said puma in m as a mad, of such suds an other powea ings, the Sella will at once muse the sane to be dissolved and drehargal by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and inuall all Recall 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 roles and regulation issued pursumt therms. Revised 07nO14