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HomeMy WebLinkAbout156775 DONNOE & ASSOCIATES INC - PURCHASE ORDER - 9111893City of Fort Collins Date: 04/05/2011 Vendor: 156775 DONNOE & ASSOCIATES INC 4720 DUCKHORN DR SACRAMENTO California 95834 PURCHASE ORDER PO Number Page 9111893 lofz Fh number must appear ll invoices, packing and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 04105/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price r Battalion Chief Assessment per invoice 43881 3/21/11 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wrn 1 LOT LS 9,500.00 Total 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 exemptions. By statute the City of Fort Collins is exempt fell state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict perfmmtance of the tells and conditions hereof, failure or delay to Internal 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 pmmptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of chc design, shall not release the Scllcrof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warm, rates; or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may he retuned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such good, regardless instructions form the City of Fact Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City Of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tells. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitmst laws for such overcharge% relating to the particular goods or services othenvisc specified on this order. If permission is given to prepay freight and charge sepacctcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varims pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller themehcr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory Or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funhcr agrees to hold the City of Fort Collins harmless Form and against all liability and loss incurred by Chem by reason of an asseted or established violation of any such laws, regulations, ordinances, ndcs and requirements. Authorivation. All panics to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpressly limits acceptance In the terms and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated hcrcin by reference. Any additional or diffcrmt terms and conditions pmposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your premised delivery date ns noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchnscrs 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, in addition to ether legal and equitable mmcdies, the option ^(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 maaonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, govenmental priorities, rims, strikes, flood, epidemics, wars or riots provided that notice of the conditions 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 dclnv. the date of delivery shall be extended for the period equal to the time actually lost by reason ofth delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or 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 similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects 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 aficr the date of acceptance of the good famished hereunder (acceptance not to be unrcasenably delayed), resulting Firm imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend ro all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of perfomanee hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Geminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and chat no such adjustment be made in favor of the Seller with respect to any good which am the Sellers standard stock. No such termination shall relieve the Pmclmscr or the Seller ofany offl cir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gods sold hereunder shall have been produced, said. delivered and fnmishcd in strict compliance with all applicable laws and regulations to which the goods arc 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 incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pnrchascr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, toaster, or convey this order, or any monies due or to become clue hereunder without the prior written consent of ncc other party. 10. TITLE. The Sellerwamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomanee of this agreement, free and clear of any and all lien, restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, officers and employees ofn¢h parry. The Seller's contactual obligations, including wamnty, shall not be devoted to be reduced, 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 nny design. device, material or process mooed by letter. patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to ryry by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute 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 continue using said equipment or pans, replace the sans with substantially equal hot noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver err troome for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases when the Seller is to perform work hcmandcr. including the services of Sellers Repoesentative(s), on the Premises ofothcm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident, destnetion or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work or Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fnmishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit,, to its employees employed On Or in connection with the work covered by this purchase order, and/or to their dependents in neeorinncc with the Imes of the state in which the work is to he date. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public iahility in.wtnace with bodily injury and death limits ofal least S300,000 for any one Person. S506.010 far any one accident and pmpcny damage limit per accident of S400.000. The Scllcr shall likewise require ]its comm,mrs, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the pmmises of ethers, the Seller shall furnish the Purchaser with a certificate that such compensation and 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 insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asaunms the entire responsibility and liability for any and all damage, loss or injury array kind Or nature whesocvcr to persons Or property caused by or resulting from the execution of the work provided for in this purchase order m in connection herewith. The Seller will indemnify and hold hamlcsz the Purchaser and any or all of the Pumhascrs officers, agents and employees from and against any and all claims. losses damages. charges or expenses. whether direct or indirect, and whether to persons or property to w, hich the Purchaser may be put or subject by reason of any act action, neglect. omission or default on the pan of the Seller. any of his eonmctors. or any of the Sellers or contractors officers, agents or employees. In else any snit or Other proceedings shall be brought against the Purchaser. or its oRcers, agents or employees at any time on account or by reason of any net, nction, neglect Omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihcrcof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their nfficcm. agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the pmpcny of the Pnrchascr, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the saute to he dissolved and discharged by giving bond to othenvisc. The Scllcr and his contractors shall take all safety precootinus, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bat without limitation. the Occupational Safety and Health Act of 1970 and all mules and regulations issued pursuant thereto. Revised 03/2010