HomeMy WebLinkAbout124858 FRONTIER PRECISION INC - PURCHASE ORDER - 9122320PURCHASE ORDER PO Number Page
City of PURCHASE
9122320 1 of z
" `t Collins
lIns This number must appear
�.I {� 1'�7 on all invoices, packing
slips and labels.
Date: 04/24/2012
Vendor: 124858 Ship To:
FRONTIER PRECISION INC
5855 E STAPLETON DRIVE NORTH SUITE 140
DENVER Colorado 80216
CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS Colorado 80521
Delivery Date: 04/24/2012
Buyer: JAMES O'NEILL
Note:
Line Description
Quantity UOM
Ordered
Unit Price Extended
Price
t Data Collection Equipment
1 LOT LS
7,500.00
2 Data Collection Equipment
Charges for this account
1 LOT EA
1,222.52
$8,722.52
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 Il, 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
Purchase Ordcr Ternls and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions_ Be stone the City of Fen Collins is exempt form state and local taxes, Our Exemption Number is
98-81502. Federal Excise Tax Exemption Certirieate of Registry 94-6000587 is rcFistarwl with the Collector of
Iatemnl Revenue, Denver, Colorado (Ref Colorado Revised Simone., 1973, Chapter 39--26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure in nice, specifications. either when shipped or due to defects of
damage in hansi 1. may be returned to you for credit and arc not to he replaced except upon receipt of wriucn
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser ha insist upon strict performance of the terms and conditions hereof, failure, or delay to
exercise auv right or remedies provided hcrcin or by Inv, failure to pmnnptly unify the Seller in the event of a
breach. the neecPancc of or payment for goods hercnndcr or approval ofthe design, shall not release the Seller of
,any of the isamatics or obligations of this purchase order and shall not be deemed a scniver of any right of tire
purchaser to insist upon strict performance hcrcof err any of its rights or remedies as many such goods, regardless
of when shipped. received or accepted, as in any prior or subsequent default hereunder, nor shall any rewired
oral mndificntion or rescission of this rurcb.iw crier by the Purchascr operate as a waiver crane of the teens
hereof.
Final Acceptance. Receipt of the merchandise, senices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized pavmce on the part of the City of Fen Collins, Hnwxvcr, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitmsl
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vinknom, arc in fact borne by the Purchoser. Theretofore, for good cause and as consideration for ezenning this
purchase order. the Seller hereby assigns In the Purchaser any and all claims it fully now have or hereafter
Freight Terms. Shipment.., must be F.O.B., City of For: Collins, 700 Word St., Fort Collins, CO 80522, unless acquired nndcr federal or state antitrust laws for such overcharges rdaling to the particular foods or venire.,
othmrisc specified for this offer. If permission is given to prepay freight and charge sepamtcly, the original freight purchased err acquired by the Purchnscr persnnvl to this Purchase order.
bill must accompany invoice. Additional charges for packing "ill not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where minufachamr, have distributing points in various parts of the couatrv, shipment is Ifthe Purchaserdircels file Scllcr 10 correct nonconforming or defective goods bya date lobe agree(] upon bythe
expected Term the nearest distribution point to destination. and excess Imight will be deducted from Invoice ,hen Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made form greater distance. mov cause the work to be performed by the most expeditious means available In it. and the Seller shall pay all
costs associecd with arch work_
Pencils. Seller shall procure at sellers sole cost all necessary remits, eenificams and licenses required by all
applicable Imes, regulations, ordimnees and ntles of the state. municipality. territory or Political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Tom Collins hefudess from and against all liability and loss
incurred by them by reason of an asserted or established ,iodation of any Inch lams, regulatinls, ordinances, rules
and requirements.
Aotherimtion. All panics to this contract force that the rcrrcsentatives arc, in fact, bona tide and pnsncss full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
hcrcin set forth and rov supplemenn ry or additional toms and conditions annexed M1acto or ineorporaled herein by
reference. Any additional or different toms and conditions pmlroscd by seller arc objected hound hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence Delivery and perfomsancc must be effected wilhin the time
staled oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of retinl Irate deliveries, shall operate as a waiver of this provision. In the event ofany dclay.
the Purchaser shall have, in addition In other legal and equitable remedies. the option of rdocing this order elsewhere
and holding the Seller liable for damages. Hmvcver. the Seller shall not be liable for damages As a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofacghgence,
such acts of God. acts ofeivil or military authorities, gmcmmcmal priorities, rims, strikes, flood, epidemics, %vats 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 delay, the date of dcliscry shall be
extended for the period egaal to the time actually lost by reason offing delay.
3. WARRANTY.
The Seller entrants that all georL, articles, materials and work covered by this order will conform with arplicabdc
drawings, specifications, samples and/or other descriptions given, will he fit for file purposes intended, and
performed with the highest degree of care and competence in acenrdnoce with accepted standards for work of a
similar nature. The Seller agrees to hold The pnrehascr htuncc from any loss, damage or expense which the
Purchaser may suffer m incur on ieeoum of the Sellers breach of warn nty. The Seller shall replace, remit err make
good, without cost to the purchaser.any defects or faults ,wising within one (I) year or within such longer period of
time as maybe prescribed by law ur by the terms ofany applicable wamnw pmvidcd by the SCllcr a0cr the date of
acceptance arthe goods furnished hcrcundcr (acccptancc not to be unreasonably delaved), resulting from imperfect
or defective work done or matcrixls famished by the Seller. Acceptance or use of goods by the Purchascr shall not
constitute a waiver ofany claim under this teammate, Except as offices ise provided in this purchase offer, the Sellers
liability li munder shall extend to all damages proximately caused by the breach of any of the foregoing tamaties
or guarantees, but such liability shall in no event include loss ofpmdt or loss ofesc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY.
4. CII AJGr:S IN LEGAL TERMS.
The Purchaser nay make changes to legal hems by written change enter.
5. CHANGES IN COMM ERCIAL TERMS.
The Purchaser may make any changes to the toms, other than legal toms, including nddilions to or deletions form
the quratme, originally ordered in the .pttifestion, or drawings, by verbal or writer ehnngc order. [troy suet
change affects the amount clue or the time ofperfomanec hcrcundcr, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. teminate this agreement as to any or all portions of the
gnats then ram shipped, subject to any equitable adjustment between the panics as to any murk or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmbts on the uncompleted
portion of the goods and/or work. for incidental or consequential damages and that no such adjusuacte he made in
favor of the Sdier with respect to any goods which arc the Scllcrs stnndnrd .stock. No such Termination shall relieve
the Purchaser or the Seller of any of their obligations as to any Foods Me cred hereunder.
7. CLAINIS FOR ADJUSTMENT.
Any claim for ad; to c.t must be asmrtcd within thirty (30) drys from the date the change or termination is
ordered.
R. COMPLIANCE WITII LAW.
The Seller womus 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 goods arc subject. The Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorpomhed herein by this occrence. "I'he Seller agrees to
indemnify and hold the Purchaser hamless form all cost and damages indicted he the Purchaser is a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign. transfer. or convey this order. or any monies due or to become (life hereunder without the
prior wrmca consent of the other party.
10.TITLE.
The seller wamnt full. clear and unrestricted tide to the Purchaser for all equipment material,, and items hunished
in rcrfomancc of this agreement, free and clear of any and all liens, ratrielions, reservations. security interest
coca nbmtrccs and claims ofhhers.
The Seller shall release the Purchaser and it contractors of any tier Term all liability and claims of any nature
resulting from the performance of.such work.
This release shall apply even in the event of End, of negligence of the party released and shall cxtcnd w the
(Iimcloo, olLecn Anil employees of such party.
The Seller's cnntrnetual obligations, including warmly, shall not be deemed In be reduced, in any way. bemuse
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device. material or process covered by letter, patent, tradcnmrk
or copyright, hhc Scllcr shall indemnify and save heatless 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 ancr the completion oft work. In ease said equipment, or
any part thereof or the intended ase of the goods, is in such suit held to constitute infringement and the use of
said Neipmcut or poll is enjoined, the Seller shall. it its one expense and at its option, either procure for the
Ptuelaser the right to continue using said egnipmenl Or pans, replace the sonic with snbsantially equal but
mmninfringing equipment, ornmdify it so it becomes roadefringinF.
15. INSOLVENCY.
If the Scllcr shall become insolvent or bankrupt make an assignnant for the benefit of crnliters, appoint a
receiver or towee for any of the Sellers progeny or business, this order may forthwith he canceled by the
Purchaser withoul liability.
Ib. GOVERNING LAW.
The definitions of terms used or the into i-munion ofthe agreement and the rights ofall panics hercnndcr shall be
consumed nndcr end governed by the laws of hhe State of Colomdn. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr,
including die sci vice, of Sellers Reprccentative(s). an the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cam ran said work at Seller's own risk until the came is fully completed and accepted, and shall.
in case of any accinleut. destruction or injury to the work and/or materials before seller's final completion and
acccptancc, complete the work at Sellers own expense and to the satisfaction curdle Purchase, When materials
and equipment arc furnished be others for installation or erection by the Scllcr, the Seller shell reccire. unload.
store and handle same at the site and becons responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The SCllcr shall, n1 his ova expeme, provide for the payment of workers compensain. including occupalionnl
disease hencrit, to ils empfvecs employed on or a connection with the work covered by this purchase order.
,and/or to their dependents in accordance .with the liws of Ihu state in which the work is In be done The Seller
shall also tarty comprehensive general liability including, but not limited to, contractual and nnmmebile public
liability insurance with bexlily injury and death limits of it least 5100,000 for any one person, $500,000 for any
one accident and Property damage limit per accident of S400.000. The Scllcr shall likewiserequire his
contractors. if any, to provide for such compensation and insurance, Before any of hhe Sellers or his contractors
employees shall do eery work upon the premises of nhers. the Seller shall furnish the Purchascr with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the late when such
compensation and insurance have peen Provided. Such certificates shall specify the date when such compcnsalfon
and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Ill, Scllcr herchy ,assunnes the entire responsihility and linhility for any and ill damage, loss or injury ofany kind
or nature whntorver to Persons or property cursed by or reselling from the execution ofthe work provided for in
this purchase order or in connection herewith. I'lie Seller will indemnify and hold hnmlec the Purchascr and any
of all of the Purchasers officers. agents and employees From and against any and all claims. loses. damages.
chegcs or expenses, whether direct or indirect, and whether to persons or per city to 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 ease any suit or other
proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or
by reason of any act action, neglect mnissin l or default of the Seller of any of his eoneacters or any of its or
their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense lhercof and to
defend the same at the Scllcrs own expense, to pay any and all costs, charges, etomcys fees and other expenses,
any and all judgments that flay be incurred by or obtained against the Purchaser or any of its or their officers,
agent or employee, in such snots or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser. or said parties in or as a result of such suits or other Proceedings.
the Seller will at race cause the same to be dissolved and discharged by giving bond or othcn,ise The Scllcr and
his contractors shall take all safcuy precautions. furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including. bill without lifuieliott the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 0312010