HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9120962PURCHASE ORDER PO Number Page
City Of9120962
Collins This number must appear
Coro C
,\—,J`-' ` on all invoices, packing
slips and labels.
Date: 02/14/2012
Vendor: 165027 Ship To:
MIS
C D W GOVERNMENT INC
CITY OF FORT COLLINS
230 N MILWAUKEE AVE
215 N MASON, 3RD FLOOR
VERNON HILLS Illinois 60061
FORT COLLINS Colorado 80524-4
Delivery Date: 02/14/2012
Buyer: ED BONNETTE
Note: PER SALES QUOTATION #CNQD791 FROM ADAM RYAN DATED 2/7/2012.
PLEASE SHIP TO ATTN: JOHN HUSTED; CONTACT #(970)217-9143.
Line Description Quantity
Ordered
UOM Unit Price
Extended
Price
MOTION J3500 QTY (2) 1 LOT
LS
6,690.00
PER J. HUSTED CNQD791
Total
$6,690.00
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
P11fdInSe Order Teens and Conditions
1. COMMERCIALDtIAILS.
Tux Iacnrplions. By st'utwe the City of Fun Carol- is exempt franc stare and local wiles. 0.1 Exi•nlprkca Number is
98-04502. Federal Geis, Tux E..,O I.. C,.ificala .I Registry 84-6000587 is ,giucred With the Colleewr of
hnenul Revenue, Deaver, Culurado (kef CuloraJo Revised Sonatas 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure oilnmct specifications, either when shipped Or due m defects of
danwge in transit, ally be (conned to you for credit and are not to be replaced except upon receipt of wrilwu
in ,ir uctiotu from the City of Fun Collins.
Inspcolun. GOODS arc subject w the City of FOn Collins inspection no arrival.
Page 2 of 2
11. NON WAIVER,
Failure of the Purchaser to insist ONO shrill purnifl all, of the icons and ac n lmon, hcsol; fail.,, ur delay to
any rights Or rcnmdia. provided hcrcin Or by law, fuilun• to promptly notify the Seller in the event oft,
breach, the acceptance for paynmcit I'ur goods hceunder Or approval of the design, slut] not release the Seller of
any of [be warranties or obligations Of this purchase order and shall not be devoted a waiver Of say right of the
parches,, to insist upon swill perfunuume hvreuf or any of its right$ or renndies us to any such goods, regardless
.1 When Shipped, received or accepted, as to any prior or Sulou quent default hereunder, Our shall any par or d
oat mudiliration or ascbsion .]'this pantos, order by the Purchaser operate us a waiver of nay of W, urns
lacteal:
final Acceptance. Receipt of the nerchadisO. Slniems Or equipmuw in rspu,se I. this order can result in 12, ASSIGNMEN'IOFAN'I'ITRUSf CLAIMS,
authorized paynornl on the pan Of the City of Fun Collins However, it is to be runfraruud that FINAL Scllcr and the PuehaI,, recognize that in actual eeolunlic practice, overcharges resulting from connote,
ACCEPTANCE is depandenl upon cocapletio,l of all applicable required insWelion procedures. viusliocs are in Iucl borne by the Purchaser. Theretofore, fur good cause and as consideration fur enevline this
pumluse order, the Seller hereby assigns I. the Purchnsr any and all chins it may near hive or herculiar
Freight Teens. SLipnICOu coast bd F.O.B., City of Fun Collins, 70() Wood St., Fun Collins, CO 80522, unless acquired under federal or state antitrust laws fur such overcharges elating to the particular goods or services
Otherwise sp,,itiId on this order. If permission is given to pop y feighl and charge Separately, [lac uni inal freight puelwacd Or acquired by the Pmcluscr pursuant to this pureluec Order.
bill mnst a"Oolpuly in, nice. Additional charges lies packing will not be accepted.
Shipmrca Distance. Willie acanufatum rs have distributing points in vurioas puns of the country, driparznf is
n) expected liofile nearest distribution point to destination, laid ,neeri freighl will be deducted Gann Invoice when
shlpncenls arc nude floor greater diSNUCe.
Permits. Seller shall procure at sellers sale cost all mtiessury permits, eeniliests and licenses r,quir,d by all
applicable lows, rogulaliuru, onironecs and falls of the state, municipatity, territory Or political subdivision "here
the work is Perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vcndur. Seller funkier agrees to hold We City of Fort Collins harmless finial and against all liability acid loss
incurred by then) by reason mf an asserted or "tabli.hed violation Of mly such laws, regulations, uNihunces, fulls
and "Nonvmmats.
Aothurieution. All parties lot this contract ugfee that Ill' rcpresanulives arc, in fact, bun. fide laud p.,,.S I"all and
cumpine nanot-ity to bind Said parties.
Lim I'rAT'ION OF TERMS. This Purchase Older expressly limit" ""Purace to I111 It and condifiuns stated
herein Sal touch and any S.,plcca nary or additional Ienns and coodilims uncalled hereto Or incogruutcJ herein by
elerenee. Any additional or dilferull rums and conditions prupuSed by s,lhar are objected to and hereby rejectJ.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT inunadlulely if yuu cousin, make couple., shipar,u to arrive oil your
p,.aoSCd delivery Jute aS noted. Tim, is of the OSsenCe. Delivery and perfurnunce Otnsr be efl call within th, tints
stated un [he purchase Order mid the docvmmals attached hereto. No sets of the Purchasers including, without
limitallon, acceptance.1"lla ul Inc deliveries, Shull Operate as a waiver of this provision. In the event ul'arty delay,
the Purehacr Shall lame, to addition to that legal and equitable mumdls, Ole option Orplueing this onler CISlw'hefee
and holding the Scllcr liable for dmoges. Huwever; the Scllcr Shull nut be liable for d...... S as a tauh of delay.
due to causes rem rcwoccubly fur secuble which are beyond its fealunuble control and without is foul] ofnegligcnce,
such tins of God, nets of civil Or initially authorities, g.v Inalloul priorilics, lies, strikes, II.J, epidemics, ,at, of
riots pruvidcd that notice of the conditions causing such delay is given to the PunhaSvr wilhin live (5) Joys of the
time when the Scllcr first received knowledge therrt if. In dos event or any such delay, the date of delivery shall be
exendd for dos period equal 10 the 11111C actually lost by reason ofila, delay.
3. WARRANTY.
The Sa11er warrants chat all goods, ard,IC,, mcerias and won, covered by this under will conform with applicable
drawings. Specillcutimu, suntples and/Ur Other descriptions given, will be lit fur to purposes intended, and
pet-fun"d Willi the highest Jcgrc, of -Cure and cucapctence in accordance with accepted standards fur work of u
Similut nature. T"he Scllcr agrees to hold like purchaser harmless count any loss, danluge or expense which the
Purchaser ally softer ur incur al =01HII arch, Sellers breach of warranty. The Seller Shull replace, repair or orate
good, wilhoul cost o the purcluscq any dafcs or faults arising within nice (I) year or within such longer period ill,
time as ,toy be prescribed by law or by III Icons ofuny upplicable wary my pruvidcd by till Seller of er ill, date of
cc,po ice of the g.Js furnished heeucid r (acceptance nut to be unreasonably delayed), resulting from holvoemt
or detective work done or murnials furnishedd by the Seller. Acceptance or use of goods by the Purchaser A.11 not
constitute a waiver ofuny elalnl under Ihis warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall eauld to all dunagcs proximately Cowed by the breach ufany office fore8ming warranties
or guarantees, but net, liability Stull in no even[ include puss ofpolis or loss of u,,. NO IMPLIED WARRANTY
OR MERCHAN'IABILI'1Y OR OF Fi'tNESS FOR PURPOSE $HALL APPLY.
-L CHANGES IN LEGAL'I'EKMS.
T"he Purchaser nay lank, etr nges to legal tactics by wrincn clung, order.
5. CHANGES IN COMMERCIAL I ERMS,
The Purchaser nuy make any changes to the Iernu. Other than legal 'Inns, including addition, Its or d&liur, from
the'marines Originally old ... d in the specificuiuns ear drawings, by verbal or wrincn change Order. 11 any suet,
change affects the autuuut due or the little OI perfonaum, haven alu. un I, uialble aJjuson,n, Shall be nude.
6. TERMINATIONS.
'I lie Pumhasar nuy at ally ,nice by written clung order, clinician, this agrennenl as to any or all ponions of tic
goods than not Shipped, subject to any equitable adijusunent between Ill, panics as to any lurk., nurerial, it.... in
pru,," provided fur the Parchamr Spill nut be liable for ally claims for anticipated picnic on the umvmpt,wil
portion of the goods and/or work, for incidental or consequential damages, acid that no such udjwbnan be made in
favorer the Seller Witt, eSpwet to any goods which ore the Sellers standard Stack. No Such retroaction shall egicve
all Purcluscr or the Seller of arty of their obliguiuns as to any goons ddivcr.J hereunder.
7. CLAIMS FOR ADJUSI'MENT.
Any claim IOr adjuSmmnt oust be ussened within thirty (30) Jays ]roar the data it,, change or mnninutiun iS
.Need.
S. CUMPLIANCE WI'111 LAW.
Tire Seller warrants that all goods sold hereunder shall have bell, produced, sold, delivered and fumiSi d in uric)
CUOIPI a ICC with all applicable Imes land regulations to which the goods are Subject. I lie Shczr shall cxceue and
deliver such ducunoes as oily be required to effect or cvidece cumpliuncc. All paws and regulation requied to be
incorporated in ageemeats Of this cluruocr are hereby inrogoutad herein by this reference. 'rile Seller agrees to
indemnify and hold the Purchaser harmless Ionic all emsu unit Januges suffered by the Purchaser as a result of the
Seller failure to eumply with such law.
9. ASSIGNMENT.
Neither party J.I] resign, transfeq Or convey this order• or any monies due or to became due hereunder withuut the
prior written cotucnt Of the Other puny.
10.'11"1 LE.
'fill Sells...mnts full, clear and i nesuieed title to the Purchuser for all equipmcnC mucriuls, and icons furnished
u psruruunec of this agecmmul, fill and clear of any and all lies, restrictions, rasenutions, Security roues,
emeuacbrances laud llaiiiii Of Other..
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If [lac Purchaser diecs tine Seller to correct nuncoRonning Or def a ive goods by a date to be agreed upon by the
Puehw,r ..,it the Seller, acid Ili• Seller thereafter indicates its inability or unwillingness to locality, the Purchaser
may cause the work to be parfunned by the moil Cxpediiiuu. catuns uvailuble to it, and the Scllcr strait Puy all
costs associated with such work.
Tile Seller Shall release the Purchucr and its contmcluis of any tier from all liability unit dorms of any nature
..sailing (rout the perfonnunev of such work
'Phis el,ac shut] apply even in file eeehl of fault of negligence of the puny released and shall extend to Ito
direct.., .ff icetl and ecacployeas ofsueh parry.
The Sellers come nuul obligations, including warranty. Shull not be deemed to be reduced, in any way, because
such work is performed or caused to be perforated by the Purchaser.
bl. PAfwis.
Whenever film Scllcr is required to use any design, device, actuarial or places, covered by Icticr, patent, uadenurk
or copyright, the Scllcr shall indemnify slid Save hu'II111.. the PUNIuSer front ally and all Claims fur incring,muv
by reason Of the all Of Such patented dcsigu, deuce, nuteriul or process in cunncetiun with the eumua,l, acid
Shall indemnify the Paxicasar fur any cost, expense or dunuge which it ally be obliged to pay by lesson of arch
innia'au"al at any Bala during the prosecution or alter the voulPlclion of the work. In case Said equipmcnl, or
any pan [hcrcof or the included use ut'thc goods, is in such Suit held to constitute inli'ingancat unit the we of
.and cquipnccnt or pure is nnjuined. We Scllcr shill, at is ..It cli aue clad ul IIS option, either proof, for Ill,
PuehaCC the right lot emnlieua using said equipnmut Or pars, replace the sum, with .ubsunoully equal but
uuninfriuging cquipuunl, oe uwdify it w it bCCWnc3 uolinGinging.
15. INSOLVENCY.
If it,, Scllcr Stull b,eoev insolvent or bankrupt. nuke of assignment I., the th iWilt of creditors, appoint u
ccivcr or uuua for tiny of the Seller property or business, this order ruy forthwith be canceled by the
Purchase' without liability.
16. GOVERNING LAW,
The dethitiucaa of anus used of the interpretation mftim ugrecnlnit unit the rights ufull parties hereunder Shall be
construed under and governed by the Imes Of the Slate of Culuudo• USA.
"file following Additional Colditiots apply only its loses where the Scllcr is to pnlbn, work hereunder,
including We services ul Scilen Raptsenucivc(S), uo the preriSCS of ohm.
17. SELLERS RESPONSIBILITY.
I he Seller Shull curry (Al Said work at Sellers 0111 riSk moil the sumo is fully eompklld and accepted. and dull,
in ease of cry uccidenL destruction or injury to the work and/or materials before Shc,rs train eoulpletiu , and
acceptance' Cumpinc the trod: a, Settle, Own expense acid to the satisfaction of [he Purchaser. When maluuL
and equipnncm are tarnished by others for insulation or erection by the Sell". the Scpler start receive, unload,
Slurs ..it handle sure at the site and baron responsible therefor as though such nr „vials and/or equipncnt
,were being fu.;Iic d by the Scllcr ruler It, order.
I8. INSURANCE.
The Seller Shall, at his earn expose• provide fur the payrenl W'wurk,rs eonhpcnsutlmn, including occupational
disease benefits, to is cmptoycos cacpluycd uu or in eonneclion with [he work covered by this purchase order,
and/or to their dependent, it, aecurdan,C with Na laws of the slam in which the svurk is to be dune. The Seller
shut] ulw curry corpeltmivc general liability including, but nut limited to, contractual and antoncobik public
liability insurance wall bodily injury sad death ]runs of al least S3W,W0 fur any one person, $500,OW for any
mile accident and property dunage that, per accid,nl of SaW,Wo. 'file Sdkr Shall likewise requie his
contractors, if ury to ptuvide fur Such eorpcuvtiot and insurance. Before any Of the Sellers or his con[rueon
employees shall do any work upon the premises ufolhen, like Seller Shad furnish the Purchaser with a eenifica,
that such connpeasa,iun and insunnee have been provided. Such ecniticalos Shull specify the due when such
compensation acid insurance have been provided. Such eenilicales shalt specify the date when such mrpajoa ion
and iwur nee expires. The Seller agrees thin such Ionrpea alium and insurance Shull be nuinalined until oliar,hc
entire work is eu iflolvd and accepted.
19, PRO CC] [ON AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby ussun es the entire IISPon,ibihty slid liability fur any and all dunuge, loss Or injury ofully kind
ur name whatsoever to perons Or property caused by or resulting from the Cxeeuion of the work provided fur in
this purchase order or its connection herewith. "file Seller will indemnify and hold lunuless the Purchaser and ally
or all .1, ill, Purchaurn offices• agent$ and ClOPOyece from ud against any and all cloolS, IosseS. Janmgcs,
charges Or expenses, whether direct or indirect, and "helical- to persons or pmperry to which tie Purchaser may
be put Or subject by r,wou ul'any ace, action, ucglecl, urissiun of delaull oil the pat of [lac Sellcq any of his
contractors, or oily Of the Sellers Or eoeranos oAlca,s. agent$ or aacp1.y,,,. In ewe any suit of miler
Proceedings Shall be brought against the Purchaser• or is offices. agents Or uniduyes at ally tittle on account or
by rcwun of any act• action, neglect, oecissiue or defuull of the Seller ofany of his contractors or any of its Or
their ollicen, agents or cmpluycn us ufur cS red, the Seller hereby agrees to usSucim the defeuse thereof and to
defend the same I tiro Sellers own expose, to tiny any and all Boss, eh.,gcs, attorneys pies lard other expenses,
any ad dl ju ll meat, Iha, ocay be incurred by or obtained against the Pmcluecf Of any of its or their Olticcn,
agents ur employees in Such Suits of other proceedings, and in Cabe judgnmnt Or Whcr lien be placed upon Of
Obtained against ,lac propcny of the Pmchuxr, ur Said jurties in or us a result of Such suits or other prOevc lings,
the Scllcr will at once cease the Santa to be dissolved ud disdnugud by giving bond or m a,,wisc. The Seller and
his Cilloo Cturs .hall take alp Sufufy pecautims, finish and instill all guards necessary fur tins prevention of
amidehs, Coctply Willi Oil Los acid egulutiuns Willi regard to Safety including, but without limitation, Bc
Occupational Safety and H,uhh Act of 1970 and all rules and regulations issued pursuant [hcrcin.
Revised 03/1010