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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9147403City of art Collins Date: 12/15/2014 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 9147403 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/15/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 ]BE Air quality Per agreement 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@fcgov.com 1 LOT LS 10,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1COMMERCIAL DETAILS. I:ax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Fdcral Excise Tax Exemption Cmifrcale of Registry 84-6A005 W is registered with the Carlos, of Failure of the Purchaser to insist upon shin performance of the tam¢ and conditions hermf, failure or delay to Interval Revenue, Doors, Colorado (gef. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exemhc any rights car remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor reform fro goods hereunder or approval ofthe design, shall act relase the Seller of Goods Rejected. GOODS REIEClED due to failure to men specifications, tlther when shipped or due to defects of any of the warramaes ou obligations or Nis purchase older and shall od he deemed a waher of any right of the Manage in transit, tiny be retumW to you for credit end arc not to he replaced except upon receipt of written purchaser to imist upon strict performance hoverer any after rights or remdia ex to any such goods, tegardless instructions from the City effort Collins. of when shippW, received or accepted, as to any prior or subsaquent default hereunder, nor shall any puryosted oral ntdn Heenan or rescission of this purchase older by the Purchaser operme as a waiver of any of the terms Inspection. GOODS are subject to the City of Too Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in tcpome to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Part of Otc City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognas that in actual ee is practice, overcharges .],in, from antitrust ACCEPTANCE is dependent upon comply ion are][ applicable required inspection prat edues. violate. art in fact home by the Purchaser. Theretofore, far goad ante and as considemtioa far exealing this purchase older, the Seller hereby assigns m the Purchattf any and all claims it may now here or hereafter Freight Terms. Shipments most Be FOR,, City of Fort Collins, 700 Wand St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such ovinfi arges reladng to the particular goods or spices otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must acenmoanv invoice. Additional charges for packing will not he tonsured. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the notion distribution point to dedication, and excess freight will be dedu rot from Invoice when shipments are made from greater distance. Permits. Seller shell procure ad sellers sole cast all meeessary peonies, certificate and liccnsa acquired by all applicable laws, regulations, ordinances and tales offs sure, municipality, Icrrimry or political subdivision where the work is perforated, or required by any other duly continued public authority having jurisdiction over the work of vendor. Seiler father agrees to hold the City of Fan Collins harmless from and egiiral all liability and foss incurred by them by reason of an asserted or established violmion of any such laws, regulations, enclosures, rules and requirements. Andmination. All parties to this contract agree fat fie representatives are, in fact, berm fide and Possess full and mmplme authority to bird said parties. LIMITATION OF TERMS. This Terminate Order expressly limits acceptance to the terms and conditions stated herein set fonds and any supplementary or additional corms and conditions annexed heeto or incorporated herein by reference. Any additional or different lours and conditions proposed by seller are objected m tad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHAS1SG AGENT immediately if you cannot make complete shipment m arrive on yaw promised delivery date as owed Time is of the essence. Delivery and pions ate must he effected within fc time stated on the purchase order and the documents ahachd hereto. No aces of fie Franchisers including, without limitation, acceptance offense] late deliveries, shall operate es a waiver VfMis pmcismr. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such over ofGd, rots orcivil or military authorities, governmental priorities, f a ounces, flood, epidemics, wars or no¢ provided slut notice offal conditions causing such delay is given be fie Purchaser within five (5) days of be time when fie Seller first received knowledge ferxvf. In fie event of any such delay, fie date of delivery shall he cooled fro the peed equal to fie time actually lost by reason offs delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will contents with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Incomes may suffer a me- on account of fie Severs breach of wanravry. The Seller shall replace, repair or make good, without cost to fie pt=hamr, any defers or fast. taxing within one (1) year or within such longer period of time as may be pm cribd by law or by the It. of any applicable wanpnty provided by the Seller a0le fie dale of acceptance of Me goods furnished hereunder (acceptance not to be unrmsonably delayed), resulting from importer or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not onatitme a waiver of any claim under this warranty. Except as otherwise provided in this purchase older, the Sellers liability hereunder shall extend m all damages pmxifialdy caused by not breach of any of the foregoing wmmntm or guarantees, but such liability shall in nor event include loss ofpmfia or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pttrchassr may make changes to legal terms by "him change older 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team, other than legal terms, including additions to or delnioe. from the quantities originally ordered in the sp,ifianiom or drawings, by verbal or written change ordes. If any such change affects the amount due or the time ofperfomtame hereunder, m equitable adjmtercnt shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate Nis agreement as to any or all ponions of fie goods then not shipped, subject to any equitable adlustment between the Parties as, to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Notion infuse goods anllor work, for incidental or consequential damages, and that no such adjustment be made in favor of fie Seller with respect many goods which are fie Sellers stradard stock. No such termination shall relieve the Purchaser or the Seller entry ofthcir obligations ex to any goods delivered bcrcandcr. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days Firm the dare fie change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and fitmishd in inner compliance with all applicable laws and nuffi lions to which fie goods are subjaL The Seller shall execute and deliver such locums s a maybe requird to effect or evidence compliance. All laws and regulations required to Be inscriptional in ag.rd, of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless film all rams end damages o fad by be Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior wranen consent of be other party. 10. TITLE. The Seller wammU fall, clear anal tttvesriod tine to the Purchaser for all aryipment, materials, and in. f ishd in performance of this agreemenS fit, and clear of my and all liens, romictions resereataom, securiV interest encumbrances and claims i fathers. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hdic Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser end the Seller, and the Seller thereafter indicates Is ioabiliry or unwillingness to comply, the Purehuer may arse the walk so be prrf ed by the most expeditious memos available m it, and the Seller shall pay all ass acsocimcd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the per, released and shall extend to the directors, wBcers and employees of such par,. The Sellers component obligations, including warranty, shall col b , d,md to he reducaL in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use any design, device, nmterial or process resod by learn patent, trademark copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with fie contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such inGngrnmm at any time during fie prmamion or after the completion offie work. In case said equipment, or any Pont thereof or the intended use of fie goods, is in such suit held to consumer infringement and the use of said equipment or pan is enjoined, the Seller shall, at in own expense and at its option, either procure for fie Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nabinfringing. 15. INSOLVENCY. If fie Seiler shell became insolvent or bankrupt, make an assignment far the ex t of creditors, appoint n resistive, m trust, for any of fie Sellers property or business, this order may forthwith be anald by the Purchaset without liability. 16. GOVERNING LAW. The definitiow ofteme, used or the intormation ofthe agreement and fie rights of all parties hereunder shall be contacted under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in ofies, where fe Seller is coo perform prods hereunder, including the xrvica of5ellers Represemative(s), on fie premises ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask mail the tame is rally completed and m arred, and shall, in u of any accident, destruction or injury to fie work anchor materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When rrmteriah and equipment are fumishd by others for iratellation or election by the Seller, the Seller shall receive, =load, store and handle same at fie site and become responsible therefor as though such matmals anb.r equipment were being garnished by the Seller under be order. I S. INSURANCE. The Seller shall, at his own expense, provide for the peymrnl of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, rubber to their dependents in accordance with fie laws of the state in which the work is to be done. The Seller shall also any comprcben ve general liability including, but not limited to, occasional and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 55W,000 for any accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to pmw& for such compensation and hurricane, Before my of the Sellers or his contractors emplay,s shall do any troll: upon be morn. of others, fie Seller shall fumuh be Purcba wild a certi0ase Met such comparempo s and amupnce have been provided. Such certifiwta shall specify fie date when such compensation and occurrence Have been provided. Such certificates shall specify be dare when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter be entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responsibility ad liability for any end all damage, loss cr injury of any kind or =tare wlutsaever to persons or pmperry ca epol by or resulting firm fie intonation ofthe work provided fro in this purchase older or in m=anion herewith. The Sella will indemnify and held harmless fie Producer and my r all of the Purchasers .Ricers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether no persons or property to which fie Purchaser nay be put or subject by reason of any an, action, neglect, omission or default on the pan of Me Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be bmught against the Purchases, or its officers, agents or employees at any time an account or by reason of any act, actions mglect, omission or default or me Seller of my of hit manpnars or my of its or their afters, egmts or employees a aforesaid, the Sell, hereby agrees to asmr, fie der thereof and m defend fie same in fie Sellers own expense, to Pay my and all costs, charges, anmmrys f and other expenses, any and all judgments Met may he incurred by or obtained against the Purchaser of my of as or their officers, agents or employees ld such suits or other procedmgs, and in call judgment or of, lam he placed upon or obtained agelnsuhe property of the Purchase,, or said panic in or as a result of such suits or other proceedings, the Seller will at once cause fie same to be dissolved and dischargd by giving bond or oferwise. The Seller and his contractors shall sake all safety precautions, furnish and immll all guards necessary for the prevention of accidents, comply with all lawn and regulations with regard to safety including, but arguing limitation, the Occupational Safety and Health Act of 1970 and ell rules and regc atims issued paramount Bellew. Revised OTROI4