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HomeMy WebLinkAbout496983 BOOT BARN - PURCHASE ORDER - 3212327City of art Collins Date: 02/02/2012 Vendor: 496983 BOOT BARN 4414 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 3212327 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: I OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order Utilities C3. Oi'IR.�sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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.com 1 LOT LS Total Invoice Address: 10,000.00 $1 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. Hy smote the City of FortCollins is exempt from state and Im.il tans. Our Exemption Number is 11. NONWAIVER, 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-0)(10587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the teens and conditions hereof. faihne or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (n). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereunder or approval oflhc design, shall not mleaw the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specification. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, mzv be maimed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hempfor any of its rights or remedies as to any such goods. regardless instructions from the City of Fen Collins, of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall anv purported oral mMific,nion or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms Inspection. GOODS arc subicct 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. ASSIGNM E NT OF A NTITR UST CLA IM S. authorizedpayment on the pan of the City of Fort Collins Hotsever. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upn t completion ofall applicable required inspection procccums. violations are in fact borne by the Purchaser. Theretofore, for good cause and as considemtion for executing this purchase order, the Scllcr hereby assigns to the Purchnscr tiny and all elainms it may now have or hereafter Freight Terms. Shipments must be F.O.R.. City of Fort Collins 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges rclming to the particular goods or services other, ise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr pursuant to this purchase order. bill must accompany inc nice, Additional shames for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr u, correct nonconforming m' defecive goods by a date to be agrecd upon by the expected from the nearest distribution point to destination, and excess freight will he deducted front hwnice when Purchaser and the Seller, and the Seller thereafter indicates its inability cr unwillingness to conmply, the Purchaser shipments are made front 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 Ines, regulations, ordinances and talcs of the state. municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiclion over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lusv incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfeuenec. Any additional or diffcrom terms and conditions proposed by cellar arc objected 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 essence Dclivm and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provisinn. In the event rifany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this order clscwhcm 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 ofnegligcncc, such acts of God, acts fcivil or military authorities. governmental priorities. Ores, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days or 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 reason of the delay. 1, WARRANTY. The Seller warrants that all goals, anicics, 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless boom any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall rcplacc, 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 piswribcd by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the good Otmishcd hereunder (acceptance not to be unreasuwbly delayed), resulting from inmperfect or defective work done art materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as othemim provided in this purchase order, the Sellers liability Immunda shall extend to all damages proximately caused by the breach of any of the foregoing wammies or guarantees, but such liability shall in no event include loss of profits 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 tells 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 deletinns from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such chance affects the amount due or the time nfperfomance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pninurs of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials Ihen in progress provided that the Purchaser shall not be liable for any claims for anticipated protus on the uncompleted portion of the goods and/or work, for incidental or consecocatial damages, and that no such adjoslmcnl bnnade in favor of the Seller with respect to any good which are the Sellers standard stock. No such Icrminatimn shall relieve the Purchaser or the Seller array of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Ines and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless from all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this ordeq or any monies due or to become dire hereunder without the prior written concert of the other parry. 10. TITLE. The Sellcnwamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions. resen:ations, security interest encumbrances and claims archers. 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 party released and shall extend to the dimemrs, officers and employees ofsnch party. The Seller's contractual obligations, including wamnty, shall not he deemed 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 ow any design. deice, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hnmlecs 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 the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0cr 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 parts. replace the same with substantially equal but nnninfringing equipment or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or hankmpt make an assignment for the benefit of clothiers, appoint a receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often -as used or the interpmorlion ofthc agreement and the rights ofall parties hereunder shall be constm ,d undercoat governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllcrs Rep csenlativc(s), oa the premises ofuthers. 17. SELLERS RESPONSIBILITY. The SCIICr shall tarty on said work at Sellers own risk until the some is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers no expense and to the satisfaction of the Purchaser, Wfien materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive. unload. store and handle same at the sire and become respunsible therefor as though such materials and/err equipment were bring furnished by the Seller under the Omer, 19. INSURANCE. The Seller shall. at his own expense. provide for the payment of -workers. compensation, including occupational disease benefits. to its cnrployres cmploved 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 carp comprehensive general liability including. but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one pawn. S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, Vary, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any .work upon the premises of others, the Scllcr shall famish the Purchaser with a cenificatc 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 capires. The Scllcr, agrees that such conmpensmian and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assinmcs the entire responsibility and liability f r any and all damage, lass or injury ofany kind or nature whatsoever to persons or property canoed by or resulting from the execution of the work provided for in this purchase order or in connection herewith, The Seller will indemnify and hold harmlessthe Purchaser and any or it of the Purchasers ofcers. 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 In which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case env snit or other proceedings shall be brought against the Purchaser, or its oRecm. agents or employees at any lime nn account or by reason of any act, action, neglect omission or default of the Seller of any of his enntractors or any of its or their nfFecrs, 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 and all costs, charges, attorneys fee and other expenses. any and all judgments that may be incurred by or obtained against the Pumhaser or any of it or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once use the same to be die olwed and discharged by giving bond nr otherwise The Seller and his contractors shall take all safety precautions, furnish and install all guards nccessmy for thr pm%cnlion of accidents, comply with all laws and regulations with mgmd to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all lilts and regulations issued pursuant there o. Revised 03/2010