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HomeMy WebLinkAbout130757 DLT SOLUTIONS LLC - PURCHASE ORDER - 9145125of Fort Collins PURCHASE ORDER Date: 09/09/2014 Vendor: 130757 DLT SOLUTIONS LLC 13861 SUNRISE VALLEY DR. #400 HERNDON VA 20171 PO Number Page 9145125 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price i 9701-2224ELJ-1 P1 Autodesk AutoCAD Map 3D 2015 1 LOT LS 2,901.64 2 9701-2224XW1 Autocad 1 year subscription' 1 LOT - EA 582.81 , Total $3,484.45 Slwf(),4 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@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teems and Conditions Page 2 of 2 L COMMERCDM.DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the bums and conditions hereof, failure or delay, no Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a), exandise any, rights or remedies provided herein or by law, failure no promptly notify the Seller in the event of a breach the acceptance ofor payment for goads hereunder or approval ofthe design, shall not release the Seller of Goods R jaded. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de@cts of -Y of the warranties or obligations of this pmchase order and shall not be deemed a waiver of wry right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of wrmen Purchaser to insist upon strict Performance hereofor any of its rights or remedies as in any such goods, regordless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins impeeion oa wd A hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suthanzed payment on the pan of the City of Fort Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual e s practice, overcharges resulting from antitrust ACCEPTANCE is depn edent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore nfor good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be FOB., Cm, of Fos Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on Its code,Ifpamtssion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser forward to this purchase order_ bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disturbing Points in various pass of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all ruse; armaivej with such work. Permits. Seller shall pmwre a1 sellers sole cos, all necessary permits, wtificstes and licenses required by all applicable laws, regulations, inductors and -1,a rds,sme, munidpaltly, remmry or political mbbonsion where the work is performed, or required by any other duly co entured public authunty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incu rred by them by voson of an asserted in established violation of any such laws, regulations, ordinances, rules and requiamemtc Autlto nation All parties to this contact agree that the representatives are, in fact, bona fide and possess full and caplets, authority a bind said patsies. LIMITATION OF TERMS. This Purchase Order expressly limits suclonce to the terms and conditions stated herein set forth and any smpplemenmry ar additional bons and conditions annexed hereto or Incorporated herein by reference- Any additional or different terms and conditions proposed by seller are objected to and hereby jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you commit make complete shipment m oral¢ oa your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limimtioq acceptance of partial late deliveries, shall operate as, a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this aiderelsewherc and holding the Seller liable for damages. However, the Seller shall nod 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 of negligence, such acts of God, acts of civil or military authorities, govemntental poorness fires, strikes, food, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Furnace, within five (5) days of 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 reman ofthe delay. 3.WARRANTY. The Seller war ma that all goads, articles, cruder n; 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamtless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or wilier such longer pmod of time as may be, prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of accordance of the goods famished hereunder (seceptanm not to be unreasonably delayed), resulting from imperfect or deftaive, work done or materials hundred by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all domages proximmely caused by the breach of any of the foregoing warranties in gearaatees, 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 temis by written change orde,- 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms other than legal terms, including additions to or deletions from the quantities omaturity ordered in the spear batons or drawings, by verbal or written change order. If any such change.1fieen the —can, due wrap time ofperf ermance hereondcq an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate Ibis agreement as to any or all portions of the goods than not shipped, subject to any equitable adjustment between the parties as b any work or materials we in progress provided that the Purchaser shall not be liable for any claims for aolielpared profs on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that m such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock_ No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in wool compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Iaws and regulnfrarts required to be incorporated in agreements oflhis character are hereby incorporated herein by this reference. The Serer agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, number, or convey this order, or any monies due or to become due hereunder without the prior written consent afthe other pony. 10, TITLE. The Seller warrens full, clear and unmengend title to the Purchaser for all equipment, matmals, and items finished in performance of this agreement free and dear of any and all lions, resmctirm, reservidans, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature reselling form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the threcmrs, oGcers and employees of such patsy. The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any was, because such work is performed or caused to be performed by the Purchaser. 14_PATENTS, Whenever the Seller is required m use any design, device,material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement 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, extreme ordamage which it may be obliged m pay by reason of such inGngement at any time delta, the prosecution or after the completion of the work. In case said equipment, or any an thereof or the amended use of the goods, is in such suit had to consupre inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nownfinging equipment, or modify it so it becomes mainGnging. 15. INSOLVENCY. If the Seller shall become insolvent or NoGrapd, make an assignment for the benefit of creditors, appoint a or wuee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation cribs agreement and the rights of all parties hereunder shall be constmed under and governed by the laws ofthe State ofColorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the Ferri ofethers ._ 17. SELLERS RESPONSIBILITY. The Seller shall can, on said work at Sell. own risk until the same s fully completed and accepted, and shall, in e of any accident, destruction or injury, to the work and/m materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and in the satisfaction of the Purchase, When materials and equipment are Transient by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor az though such materials and/m equipment were being finished by the Seller under the order. .. 18. INSURANCE The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sme in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, communist and aummubdo public liability insurance with bodily injury and death limits of at least S300,000 foe any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require hiscovnactors, if ony, to provide fur such compensatlon and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with n certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificates shall specify the date when such compensation and in expires. The Seller agrees Char such compensation and insurance shall be ma rrainmd until 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, loss or injury narrow kind or nature whatsoever to persons or property caused 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 harmless the Purchaser and any in all ofthe Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pas of the Seller, any of his omrectors, or any or the Sellers or em ractnrs otfeers, agents in employees. 1. case any it or ther proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, nation, region, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the more at the Sellers own examine, to pay any and all arms, charges, ton mays fees cad other expenses, any and all judgmens that may be incurred by or obtained against the Purchaser or any of its or their oIcers, gents or employees in such suits or other prep edings, and in case judgment or other lien be placed upon or obtained against the property of the Purehxua or said parties in or as a result of such was, or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all pan& 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 rates and regulations issued pursuant thereto. Revised 07/2014