HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9146451Fort Collins
Date: 11/04/2014
Vendor: 108939
L L JOHNSON DIST CO
4700 HOLLY ST
DENVER CO 80216-6410
PURCHASE ORDER
PO Number Page
9146451 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 11/04/2014
Buyer: JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM
Unit Price Extended
Price
1 Lynx Software
Per Quote dated 10-9-14
1 LOT
LS
5,100.00
2 Optimization
1 LOT
LS
1,500.00
3 T Weather Toro ET Station
1 LOT
LS
8,963.77
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.com
Total
Pay terms net 30 days
Invoice Address:
77
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rder Terms and Conditions Page 2 of 2
I. COMMERCLV.DEfAIIS.
To. exemptions. Dysenteric the City of Fort Calf u exempt from state ad tonal taxes. Om Exempton Number is
98-04502. Federal Excise Tax Exemption Cenifiote of Registry "-6W0587 is m inered with the Collector of
I.emat Revenue, Deaver, Colorado (Ref. Colorado Revised Satutes 1973, Chapter 39-36,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of wrnen
instructions from the City of Fon Collins.
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, morsice, or equipment in response to this order can result in
amhonttd payment on the part of the City of Fort Collins. However, it is to be understood that FINAL.
ACCEPTANCE, is dependent upon completion of all applicable required inspection procedure.
Freight Terms. Ship.. must be F.O.B., City of run Collins, Too Wood St, Fon Collins, CO 80522, unless
otherwise specified on this order. if permission is given to prepay freight and charge separately, the original finiglu
bill must accompany invoice. Additional charges for packing will not be ccrymd.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the rarest distribution point,, destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall Interim at sellers sole cast all nwessary permits, crrofen?en and licema requited by all
applicable laws, regulations, Ordinances and rates of the state, municipality, territory or political subdivision where
the work a Performed, or mltiocd by any other duly conalma d public minority having jurisdiction over fe work
Of vendor. Seller brother spot to hold the City of Fon Collins bannlees from and against all liability and loss
marred by them by mason of an asam e l or esablished violation or any such laws, regulations, Ordiwnccs, rules
and ta3uiraments.
Authontration. All parties to this tomtit agree that the repremntativas arc, in fact, bona fide and possess full and
..plate authority a bind said pariu.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the learn and conditions sited
herein set path and any supplementary or additional moms and conditions annexed hereto or incorporated herein by
reference. Any additional or different rants and conditions Imposed by seller are objected to and hereby rejated.
3. DELIVERY.
PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to wave on your
promised delivery date as noted. Time is of the ancient. Delivery and performance must be, effected within the time
sa'ed on the purchase order and the, documents arached hereto. No acts of thc Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
fe Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacmg this older elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to tames not remonobly foreseeable which are beyond its reasonable control and without its fault ofnegligenee,
such acts of God, acts of civil or military authorities, governmental pnontim. fires, strikes. Rood, epidemics, wars or
riots provided thm notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Last received knowledge thamf. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warmnu Wet all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, somplrs tanker other descriptions given, will be fit for the Iuryeses intended, and
Performed with We highest degree of care and ompnence in accordance with accepted standards for work of a
similar monew. The Sella a •yea to hold fie ptmhaser harmless from any loss, damage or expense which the
Purchase may suffercur incur on o cotmt orthe Selleq breach ofwarranty. The Sella still replace, repair or make
good, without cost, to the porchaer. any defects or faatn ansing within one (1) yes or within such longer period of
time Or may be preenbed by law or by the main of any applicable warranty provided by the Seller after the date of
acceptance of the goods fumahed hereunda (acceptance not to be unrnasonably delayed), resulting from imperfect
or defective work done or materials famished by fie Seller. Acceptance or use of good by the purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchae order, We Sellers
liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing wmmatia
or guarantees, but such liability shall in no went include loss ofprofits art 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 terms by written change order.
5. CHANGES IN COMhdERCIAL TERMS.
The Purchaza may make any changes to the terms, other tan legal terms, including additions to or deletions from
fie gtumtitim ongimlly ordered in the specifications or druji by vemal or wnnm change order. If any such
change affects the amount due cur the time ofperfmmantt hounder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parchrear may at any time by written change order. terminate this agreement as to any or all Locations
or the
grads then not shipped, subject to any equitable summation between the parries as m any work or roaterialsthe. in
progress provided fat the Purchaser shall rim be liable for any claims bar imicipmed profits on the uncompleted
portion of the good and/or work, for incidental or consequential damages, tad that ro such adjustment be made in
favor of the Seller wig respect to any good which arc the Sellers small stock. No such tar iartion shall relieve
the Purchaser or We Seller afany of their obligations az to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be waned within may (30) days from the die fie change or reanimation is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereunder shall have been produced, sold, delivered and formation in stria
,..pit.. with all applicable laws and regulations to which the Goods are subjat. The Seller shall execom and
deliver such documents as may be required to effect or evidence compliance. All Incas and regulations required to be,
incorporated in agreements of this character are hereby inacryorated herein by this reference. The Seller agrees to
indemnify and hold fie Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sella failure In comply with such law.
9. ASSIGNMENT.
Neither Not shall out mansfa, or convey this ruder, or tiny monies due or in become due hounder without fro
prior will. commit of fie infer parry.
10. TITLE.
The Sella wamnn bill, clear and uarestncted title to the Porcaer for all equipment, materials, and it. f ishe t
in performance of fir, agreement, fro and clear of any and all lien, resrrinioru, anavelions, scanty interims'
encumbrances and claims ofothers.
I I. NONWAIVER.
Failure of the Purchssa to inset upon strict performance of the lama and conditions hemuf, failure or delay to
excraim any rights or remedies provided haw of by Law, failure to promptly notify the Seller in the event of a
breach, the acceptance of.r payment for goods hereunder a approval of de design, shall not nele se the Seller of
any of the warranties or obligations of this purchase Drier and shall not be deemed a waiver of any night of the
purchaser to insist upon strict perfomrance hereof or any of its rights or remedies as to avy such goods, regaNless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the it=
hereaf.
13. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Puchaser recogniss that in actual tt rwmic pmetice, overcharges resulting from antitrust
violations are Or fact borne by the Purehasn. Theraofare, for goad Due and as comidation far executing this
purchase order, fie Sella hereby assigns to fie Purchaser any and all claims it may now have or havftar
acquired under federal art state antitrust laws for such overcharge relining to the particular goods m services
purchased or requited by the Purchaser pursuant to this purrium order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
WIN, Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inalohly Or unwillingness to comply, the Purchaser
may cause the work to be, pert trued by the most expeditious means available to it, and the Seller shall pay all
carts associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the fornication, ofsuch work.
This release shall apply wen in die event of fault of negligence of the parry released and stall extend to flat
directors, officers and employees ofsuch Party.
The Sella's contractual obligations, including warranty, shall not be teemed in be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is minimal to use any design, device, material or process austral by lever, patent, trademark
or copyright, fie Seller shall indemnify and save harmless the Purchaser from my 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 fie Purchaser for any cost, expense or damage which it may be obliged to pay by roman of such
impingement an any time coding the prosecution or after the completion of the work. In case said equipment, or
my Part thereof or fie intended use of the goads, is in such suit held to constitute infn'ngemeut and the use of
said equipment Or Iran is joined, the Seller shad, at its own a.,. and at its option, either pramre for the
Pardoner the right to continue using said equipment or parts, replatt the more with substantially Waal but
rwninGnging lognormal, or modify it so it becomes nonMf6n ing.
15. INSOLVENCY.
If fie Seller shall become insolvent or baNcrvpt, make an assignment for the benefit of coeditors, appoint a
receiver or tmsme for any of the Sellers Impactsor business, this order may forthwith be canceled by the
Purchaser without without liability.
16. GOVERNING LAW.
The definitions of it. used or the intcryretanon of the agreement and the rights of all parries hereunder mall be
contvued under and governed by fie laws of fe State ofColomdo, USA.
The foil..... Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sella Rryreuntative(s), on fie Itemises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall cam, im said work el Sellers a. risk until fie vase is fully campwted and accepted, and shall,
in roe of any accident, destruction at injury to the work hiker materials bet Sellers final completion and
acceptance, complete the work at Sellers own enpersse and to fir satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or analmn by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andkot equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Sella mall, at his awn expense, provide for the Normal of works compesarion, ududing occupational
disease benefits, to its employees employed on or in connection with to work covered by this purchase order,
ardkar to their depeMenes in acamaker a with the laws of de, mote in which the work is to be done. The Seller
shall also carry comprehensive gmenl liability including, but not limited to, antratual and automobile public
liability imurvne with badly injury and death limits of n limit S3en,009 for any one par , 5500,000 for may
one accident and properry damage limit per accident of 5400,000. The Seller shall likewise requite his
contructor, if any, to provide for such compensation and announce. nce. luck a any of me Sellers or his com uclors
employees shall do any word upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such comfrtares shall speeify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such comperualion
and insurance expires. The Seller agrees that such compensation and insurance shall be =trimmed unlit altar the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby wumes the o'ife rapoasibila, and liability fir any Dad ail damage, lass m injury of any kind
r major, wanoever to persons or property cared by or resulting from We execution ofthe work provided for in
this purchase order or a correctiion herewi0t The Seller will indemnify and hold harmless the Purchaer and any
r all of fe purchaers oMe... agents and employees from and agaimn any and all claims, lasso, damages,
chaBes or expemew whether direct at indimt, and whether to persmu or property to which fie Purchaser may
be pm or subject by reason of any ach who% neglttl, omission or default on the pant of fe Seller, any of his
contntars, or my of the Seller, or contractors officers, agents or employees. In tase any suit or other
proceedings shall be brought against the Purchaser. or its offices, agents or employees at any time on account or
by reason of any act, action, neglect, omission or defuall of rise Seller of my of his contractors or any of its or
their officers, agents m employees as aforesaid, the Seller hereby agrees in assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and at I costs, charges, attomrys fees and other expenses,
any and all judgments that may he incurred by art obtained against the Purchaser or any of its or their otlicem,
agents or employees in such suits or other proceadirip, and in case judgment or other lien be, placed upon or
obtained against the property of fie Purchne er, or said ponies in or as a result of such suits car other proceedings,
We Seller will at come, cause fie same to be dissolved and discharged by giving brad or otherwise. The Sella and
his convectors still take all safety precautions, fish and install all guards necessary for the prevention of
accidou, imply with all tans and regulations wall regard to safety including, but without Iimintim, to
Occupational Safety and Health Act of 1970 aid all rates and regulations issued pursuer? therim.
Revised 07R014