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HomeMy WebLinkAbout156775 DONNOE & ASSOCIATES INC - PURCHASE ORDER - 9142945City of �For_t Collins Date: 05/23/2014 Vendor: 156775 DONNOE & ASSOCIATES INC 4720 DUCKHORN DR SACRAMENTO CA 95834 PURCHASE ORDER PO Number Page 9142945 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 05/23/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2014 Bat Chief Assessment Invoice # 5024 dated 5/8/14 P14 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@fogov.00m 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt train slate and local taxes. Our Exemption Number is II.NONWAIVER. 98-0 502. Federal ariw lax Exemption Certificate of Registry 84 6000587 is registrant with the Cullecmr of Failure of the Purchaser Io insist .,an gamic performance of the terms 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 pmmpdy notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of me design, shall noI release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall net bd deemed a waiver of any right of the damage in tr mil may be marrom m you far credit and ate not an be replaced except upon eeceipt of written purchaser m insist upon strict Performance hemofor any of its rights or remedies ss many such goods, regardless a warmi ens boarme City offal Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by me Purchaser operate as a waiver of any of the terms Inspection. GOODS we subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sairsices or equipment in ca, me to his order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. th auorized payment on the pan 1.of the City of Fort Collins. However, it is be understo od thatFINAL Seller and the Purchaser recognize that in acwl economic practice, overcharge, resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required impection procedures. violations are in fact home by the Purchaser. Thererofore, for good cause and as consideration for camenfing his purchase order, he Seller hereby assign to he Pmcbaer any and all claims it may amw have or hereafter Freight Terms. Shipments most be F.U.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise, specified on Nis order. If permission is given to prepay freight and care, separately, the original bright bill must accompany invoice. Additional charges for packing will roc M compted. Shipment Distance. Where manufacturers have datributing aints.in carious pans or the country, shipment is expected from me nmram distribution Paint to destination, and excess freight will be deduned from brooder, when shipments art made Gun greater docam . acquired under feded or sate antitrust laws for such overcharges relating to the particular guests or services purchased or warned by he Purchaser pursuont to his purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifilm Purchaser directs the Seller to correct nonconformmg in, defective goads by a daft to be spread upon by he Purchaser and the Rallea and the Seller hereafter indiessas its inability an unwillingness to comply, the Purchaser may came the work to be pedbrmed by he mast expeditious meam available to it and the Seller shall pay all costs acsucimN with such work. Permits. Seller shall procure at sellers sole cons all necessary permia, certificates rid licenses required by all applicable laws, regulations, ordinances and ales of the site, municipality, lernmry or political subdivision wham the work is performed, or equud by any other duly cotutimtcd Public authority having jurisdiction over the work of cedar_ Seller further agree am hold the City of Fan Collins armless from ad o,imt all liability and loss incurred by hem by reason of an named or asablishcd violation of any such laws, regulmloses, oalimncm, tales and minimum, Aufonzaron. All parties to this contract agree that he representatives are, in but, bon fide and possess full and complete summary to bid said parties. LIMITATION OF TERMS. This Parchose Order expressly limits aceepnantt to the moms and conditions staid herein set both and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different moms and conditions proposed by seller are objected to and amby ¢fend. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot wake complete shipment fo won, on your promised delivery date as noted. Time is of he essence. Delivery and Performance wool be affec d within the time stated on me purchase order and the documents attached harem. No acts of the Wrchasers including, winnow limio tion, acceptance ofpani.I late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser Shan have, an addition am other legal ail atable comedies, the option of placing this order elsewhem and holding the Server liable for damages. Hoauver, the Seiler shall not be liable for damages as a result of delays doe to causes notr menably fomsttable which we beyond its reasonable control and without its fault of negligenrs, such acts of God, acts ofeivA or military mtharifies, gmewmiond pnonfcs, fees stokes. Dood, epidemics, wars or riots provided that notice of me conditions causing such delay is now m the Purchaser within five (5) days of she time when the Seller East received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants fen all gook, articles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other ducfiptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sundials for work of a 'filar wtare. The Seller agrees m hold the pumaser harmless from any loss, damage or expense which the Purchaser may sully or incur on account of the Sella breach of warranty. The Seller shall replace, repair in make good, without cast to the purchaser, any defects or faults ansing within one (1) year or within such longer pond of time as maybe prescribed by law or by the terms army applicable warranty provided by the Seller after the data of wcepmnce ofthe goods f mished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not cemtima a waiver of any claim under this warn 1, Except as otherwise provided in his pandiwe order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of to foregoing warranties or Enormous, but such liability shall in no event include less 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 an lep I terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the In.,, other than Iegnl terns, including additions,, it deletions from the caanines originally ordered in the apscifconam, or Drawings, by verbal or wine, ebange order. If any such change offices the amount due or the time of performance hereunder, an equitable adjnsamcnt shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, moninate this agreement as to any or all portions of the goods then not shipped, subjecuo any equitable adjustment between the parties as m any work or materials hen in Forgoes, provided the, she Purchaser shall rim be liable fur any claims me anticipated profits me fe uncompleted portion of me goods and/or work, for incidental or wenquemial damages, and that no such adjustment be made in favor of the Seller with raspect o any goods which are the Sellers standard stock. No such nomination shall rcl io t, he Purchaser or the Seller ofany of heir obligations as to any goods deliveed hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for djustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnn that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and egulaions W which the goods am subject The Seller sill execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be neopaated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the purchaser hunches from all costs and damages suffered by the Purchaser as a result of me Sellers failure to comply with such be. 9. ASSIGNMENT. Neimer party shell assign, number, or convey this order, or any monies due or to became due hereada without the pro written consent of the other party. 10, TITLE, The Seller warrants Fall, clear and umestofr d title m the purchaser for all equipment, materials, and items fumishd m parfomhc a of has agreement free ad at— of any and all It., matfietimss, resemsem cwrio, rity interest encumbrancesand claims creditors. The Seller shall release the Purchaser and its contractors of any tier from all Moral, ad claims of my namae resulting from the performance of such work. This release shall apply even in fly, event of fault of negligence of the party released and shall extend to the direct., rason and employees of such any. The Sewers contactual obli ions, including samosa, shall rim be decard ao be reduced, in any way, bemuse such work is psearrad or caused co bd performed by the Purehssm. 14. PATENS. Whenever the Seller is equired to use any design, device, —hand orpmcev mverd by liner, patrol trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Imo any and all claims for infringement by remain of the use of such patented design, device, material or process in connection will, he 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 prosecmiau or after the completion of fie work. In case said equipment, or any pan thereof or he intended use of the goods, is in such suit held to consaimle infringement ad the use of said equipment or pun is enjoined, the Seller shall, at its own expense as t at its option, either procure for the Purchaser the fight to continue using said equipment or From, replace he same with substantially equal but nomnGagmg equipment, or modify it so it becomes nonmfninging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser willow liability. 16. GOVERNING LAW. The definitions armors; used or the interpretation of the agreement and the rights of all parties hereunder shall M consumed under and govemed by the laws ofhc Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller k to perform work hereunder, including the services of Sellers Represenuair,,D), on me premises of ohers. 19. SELLERS RESPONSIBILITY. The Seller shall carry an said .,it at Seller's own risk until fe, same is fully complete and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Settees final completion end acceptance, complete me work at Seller's own expense and to me satisfaction of me Purchaser. When motenals and equipment arc famished by others for installation or erection by the Seller, me Seller mall receive, miload, store and handle same at me site and become responsible therefor as worth such mwerials andlor equipment were being fumished by the Seller under he order. 18. INSURANCE. The Seller shall, at his own expense, provide fir the payment of'sookours compensation, including occupational dismx benefits, to its employees employed on or in connection with the work covered by this purchase urdeq and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall moon carry comprehensive gmeml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deaf limits of at least 5300,000 for any one peoon, S500.101 for any e accident and properly damage limit per accident of S400,000. The Seller shall likewise require his nntranars, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificate Vial such compensation and insurance have been provided- Such certificates shall specify the date when such compensation and insurance have been provided. Such cerlificans shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained and after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whakcever to persons or property caused by or resulting from me execution of me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold amdess he purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct nr indirect, and whether an Persons or property m which he Purchaser may be put or subject by reamn of any act, action, neglect, omission ar default on me pm of the Seller, any of his contacors, or any of me Sellers or contactors officers, agents or employees. In Gaze any suit or other proceedings shall be brought against the Pumhaser, or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors in any of its or meir officers, agent or employees as summand, me Seller hereby agrees to assume the defense theater and to defend the same in the Sella own expense, to pay any and all casts, charges, memory; fees and other expenses, any and all jdgmenu that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employces in such suits or other proceedings, and in case judgment or other lam be placed upon or obtained against the property of fe Purchaser, or said parties in or as a result rf such suits or ofer proceedings, the Seller will in once muse the same to be dissolved and discharged by giving band in oferwiss. The Seller and his contractors shall take all safety precautions, burnish and small all guar& necessary for the prevention of accidents, comply coif all laws and regulations with regard lu safety mcludng, but wham limitation, the Occupational Safety and Health Act of 1970 and all roles mM regulations wood pursuant therein. Revised 03n010