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HomeMy WebLinkAbout124858 FRONTIER PRECISION INC - PURCHASE ORDER - 9145141Fort Collins Date: 09/08/2014 Vendor: 124858 FRONTIER PRECISION INC 5480 W 60TH AVE UNIT A ARVADA CO 80003 PURCHASE ORDER PO Number Page 9145141 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 09/08/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Warranty Renewal 1 LOT LS 5,763.00 Surveying Equipment PER QUOTE NUMBER 82014CFCEW Total Pay terms net 30 days Invoice Address: 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 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 urchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. lax exemptions. Hy statute the City ofFort Collins is exetnpt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-600058I is registered with the Collect, of Internal Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defiraux of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wren instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. Final Acceptance. Receipt of the merehadise, services or equipment in response to this order can result in authorized PaMen, oa the pan of the City of Fort Collins. However, it is m W undersuod that FINAL ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures. Freight Terns. Shipments must be F.O.O., City of Fort Collins, 900 Woad St., Pen Collins, CO 80522, unless athcrwix specified on this order. If permission is given hs prepay freight end charge separately, the odgind freight bil I must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have common, points in vas us puts of the country, shipment is expected form the nearest distnbution point to destination, and excess freight will be deductod fmm Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by 311 applicable laws, regulations, ordinances and rates ofthe sane, municipality, imams, 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 Father names to hold the City of Fort Collins hatmlea four and against all liability and loss incurred by them by rem ason of an warned or established violation of any such laws, regulations, orditumn, rates and requirements. Aumoreanrion. All panics to this contract agree that the a prexnmtives are, in fact, bona fide and possess full and complete immunity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions sated herein set forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by reference. Any additional ar different from and conditions purposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT numediaely ifyou cannot make complete shipment to unive on your promised delivery date as noted. lime is ofthe essence. Delivery and perfoamance most be effected within the time slated on the purchase order and the documents euachnl hereto. No acts of the Purchasers including, without limitation, areamince ofpurtial late deliveries, shall operate as a waives of this provision. In the event of any delay, the Enchanter shall have, in addition to Other Iegal tad egniaNle remedies, the option afplaang this order dsewhare 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 gain moble which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofcnil or military authorities, governmental priorities, fins, atnkes, Good, epidemics, wars or not, provided that notice of the conditions causing such delay is given to me Purchaser within five (5) G y: of she time when the Seller first received knmvledge thereof. In the o'cut of my such delay, the date of delivery shall be extended for the penal equal to the time actually lash by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, unicles, materials and work covered by this order will conform with applicable drawings, specifications, samples amVw enter descriptions given, will be fit for Ne purposes intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a -milar nature. The Seller agrees 10 hold me purchaser harmless from any lass, damage or expense which the Purchaser may suffer or mew on account of the Sellers breach of wareem,. The Seller,Full replace, repair or make good, without cost to the purchaser, any defects or faults axing within one (1) year or within such longer paned of lime as may be prescribed by law or by the terms of any applicable warranty provided by the Seller an,, the date of acceptance of the goods famished hereunder (acceptance not to be uncravanably delayed), resulting from imperfect or defective work done or materials famished by me Seller. Acceptance or tax of goods by the Purchaser shall not onstime a waiver of my claim under Nis waitanty. Except as otherwise provided in this purchase open, she Sellers liability herereunder shall extend to all damages pmximaedy caused by the breach of any of the foregoing wareantirs or Premiums, but such liability shall in an event amlude loss nfprofi¢ or loss of tax. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF PITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 1. legal leans by writer, change aide, 5. CHANGES IN COMMERCIAL TERMS. The Fundament may make any changes to the Leans. other than legal terms, including addition, to or ddctions fmm the qutildica originally orderetl in me specifications or dmwmg5, by verhal or xaiut flange order. If any such change affects the amount due or the time of performance hereunder, an quitable adjnnment shall he made. 6. TERMINATIONS. 'I he Purchaser may at any time by written change order, ounnnow this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties. to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion ofthe goods and/or work, for moidemal or consequential damages. and that no such adjustment be made in favor of fe Serer with respect to my goods which are the Sellers s andard sock. No such termination shall relieve the Purchaser or the Seller ofany of tbelr obligations in To any goods delivered heremJer. ].CLAIMS FOR ADJUSTMENT. Any loins no adjustment must be asserted within unity (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hexunder shall have been purduced, sold, delivered and famished in snit compliance with all applicable laws and regulations a which the good, are 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 Poisoner harmless from all costs and damages suffered by the Pumh.er as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Fact, shall asip. transfer, or convey, this order. or any monies due or to become due hneuMer without the prior Part consent afore outer any. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, caramels, and items furnished in performance of this agreement, free and clear of any and all liens, resmlctions, reservations, smarty inters cmumbrmca and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon water Performance ofthe terms and conditions, hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a branch, the samptamce ofor payment for goods hereander or approval ofthe design, shall Out release the Seller of any of the xzttantics or obligations of this purchase order and shall not 4 dinned a waiver of any nght of the purchaser to insist upon said performance hereofor my of its rights m remedies as to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral modification or rexission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller oral the Purchaser retagnire that in aural monswe practice, overcharges resulting Form antitrust violaions are in fact home by the purchaser. Thertofore, for goad cause and a ronsidersam. for executing Nis purchase order, the Seller hereby assigns to the Pumhaxr my and all claims it may now have or hereafter acquired under federal or state antioast laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purahacer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by she Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser may cause Jam work to be performed by the most expeditious memo available 10 it, and the Seller shall Pay all costs associated with such work. The Seller shall relense the Purchaser and its Curran emrs of any ,at from all liability and claims of any nature resulting from the performance of such worn. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees nfsuch Part The senors command obligations, including wanantY shall not ho dinned as ho reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PAT ENTS. Whenever the Seller is required to me any design,device, material or Process covered by letter, patent, anagrams or mpynght, the Seller shall indetrmify and son harmless me Purchaser from any and at I claims for wfwifemem by reason of the use of such paented design, device, chatmal or process in connection with the contract, and shall indemnify the Pumhaxr for any inn, expense Or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or oiler the completion of the work_ In ax said equational. 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 part is enjoined, the Seller shot], at its own expense and at its option, either procure for the Peculator, the right m continue owing said equipment or pans, replace the tame with substantially equal bur noninfringing equipment, or codify it so it becomes naninfinaging. 15. INSOLVENCY. If the Seller shall become inimment or baNrvpt, make m assignment for rise benefit Of creditors, appoint a currier, or trustee for any of the Sellers property or business, this order may foamwilh he canceled by me Purchaser without liability. 16. GOVERNING LAW. The definirians c ftemw osd or the how,maaim of the agreement and the rights of all parties hereunder shall be conswd under and governed by me laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller es to perform work hexunder, including Ne services of Sellers RtrexnurivHs), on the premises oforhers. . 17. SELLERS RESPONSIBILITY. The Seller shall car on said work at Sellers own risk until the same is fully completed and accepted, and shall. in x of my accident, destruction or injury in the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, WTI materials and equipment are fumuhed by others for imullaion or erection by me Seller, the Seller shall receive, urdod, store and handle same at me site and become responsible therefor . thigh such mmmak and/or equipment were being fiunishd "a Seller under the order. 18. INSURANCE. Fla, Seller oball, at his own expense, provide Nr the payment ofworkers compensmlon, including occupational disease benefits. to its employees employed on or in connection with the work covered by this purchase order, amix r to their d"andsou in accordance with the laws of the state in which the work is to be done. The Seller shall also car comprehensive general liability including, but not limited W. contractual and automobile public liability incentive with bodily injury and death limits of at lean Sand)." fin any One Person, 5500,000 for my occidentone and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, 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 Seller shall famish the Purchases with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dine when such compensation and insurance have been provided. Such certificates shall specify the 6le when such compensation and insurance expires. The Seller agrees mar such compensation and insurance shall be maintained until alter the entix work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell,, hereby ass es the entire responsibility and liability for any.4 all damage, loss or injury of., kind Or nature whensoever to persons or property caused by or resulting fmm the execution of the work provided far in this purchase order or in connexion herewith. The Seller will indemnify and bold harmless the Purchase, and any cr all of the Purchasers officers, agents and employees from and against any and all claims, loses, damages, harges or expaues, whether direct or indirea, and whether to persons or propmy to which the Purchaser may be put or subject by reason of any art, action, neglect, omission or default on the put of the Seller, any of his mtments, an my of the Sellers or contractors Officers, agents Or employees. In case any suit or other proceedings shall be bought against the Purchnser, or its officers, agents or employees at any time on account or by... of any act, action, neglect, oassion or default of the Seller of any of his contractors or my of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees 1O.same the defense thereof and to defend the same at the Sellers own expense, o pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may b, incurred by or obtained against the Purchaser or any of its or their Officers, agents or employees in such suits or other proceedings, and to cam judgment or other Into be, placed upon or obtained against me property ofthe Purchaser, or said parties N or as a result of such suits or other proceedings, the Seller will ar once ause the same to be dissolved and dixhargd by giving bond or wmerwix. The Seller and his contractors shall take all safr precautions, famish and inetoll all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised O7n014