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HomeMy WebLinkAbout404348 DORN COMPANIES - PURCHASE ORDER - 9140378 (2)PO PURCHASE ORDER 914037er Page C117/ of PURCHASE 40378 t of z ' `tCollins( This number must appear ` v on all invoices, packing sli s and labels. Date: 11/07/2014 Vendor: 404348 DORN COMPANIES 1200 HUMBOLDT ST SUITE 1501 DENVER CO 80218 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Decrease account per Chris D ;lry ()14 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 1 LOT EA 3,000.00 Total Pay terms net 30 days 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. COMMERCIALDETAILS. Tax sameptiom. By statute the City of Fort Collins is exempt fmm sm a and local mxa. Dec Exemption Number is 11. NONWAIVER. 98,A503. Federal Excise Tax Exemption Cenificam of Registry 84Lo0o581 is registerd with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and condition homef, failure or delay to Internal Revenue, Denver, Coloado (Ref Colomdo Revised Salutes 1973, Chapter 39Q6, 114 (a). axise any rights or remedies provided herein at by law, failure m promptly notify the Seller in me event of a breach, the acceptance ofor payment for goods hereunder or account ofthe design, shall not release me Seller of Goods Rejected. GOODS REJECTED due m failure to meer specifications, either when shipped or due to defects of any of the common or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be rdama to you fur credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performanm hereof or any of its rights or remedies as many such goods, regaNless instructions from the City of Fon Collins. of when shipped, received or accepted, in m any prior or subsequent default hereunder, oar shall any purposed oral modification or rescission of this purchase order by the Purcbxer operate as a waiver of my of the terns Inspection. GOODS are subject in the City of Tom Collins inspection on arrival. hereof. Final Acceptance. Receipt of the contrabandist, services or equipment in response to this order can result in 13. ASSIGNMENT OF AN71TRUST CLAIMS. aubmited payment on the pan of the City of Fort Collins. However, it is to be undemood Out FINAL Seller and the Pu¢huer ramnine that in actual economice practice, o ¢hargrs resulting man command ACCEPTANCE is dependent upon completion ofall applicable "mica d inspection procedures. violations art in fact home by the Purchaser. Theretofore for good came and x consideration for executing this purchase order, the Sella hereby assign to the Purchaser any surd all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Pon Collins, ]oo Wood St., Too Collins, CO 80531, Is. acquired under fedeml or state mtiwst laws for such ovacbwga relating to the pmicular, goods or services otherwise specified on Nis Omer. If permission is given to prepay freight and charge sepwately, the original freight purchased or acquired by the Puahzaer pursunns to Nis Purchase order. bit most accampanv invoice. Additional charces for packing will tut be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the neural distribution point to destination, and excess freight will be deducted Rom Invoice when shipments are made from greener distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of Ne slate, municipality, lerrilm, or political subdivision where the work is performed, or trequitd by my other duly contirrod public authority havingjerimictim over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless from and against all liability and loss incurred by Nero by reason of en asserted or established violation of any such laws, regulations, walwances, roles and requirements. Aud onastion. All Trades to this contract agree that the representatives ate, in fact, bons fide and possess full ad complete suNonry in bind said patios. LIMITATION OF TERMS. This Purchau Order expressly limits nccepmme m the terms and conditions stated herein set forth and any supplementary or additional terms and condidem annexed hereto or incomomted herein by reference. Any additional or diRerent terms and conditions proposed by seller ate objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your Promised delivery data x noted, Time is of the essence. Delivery and unfin m me must be eRected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchamrs including, without limitation, .accepunce of psnial late deliveries, shall opemle as a waiver of this provision. In the event of my delay, the Purchaser shall Lave, in addition to other legal and equitable menages, the option of placing this order elsewhere am holding me Seller liable for damages. Hawever, the Sella shall not be liable for damages as a result of delays due on causes not reasonably foreaerable which are beyond its reasonable cocorol and without its fault of negligence, such sons TGOL acts of civil or military authmities, g rommmmul prowiies, fires, strikes, Bond, epidernia, wars or riots provided that notice of the conditions nosing such delay is gismo to the Purchaser within Five (5) days of the rime when the Seller first received knowledge thatmf. In the event of my such delay, the date of delivery shall So extended for no pond equal to the time actually lost by reason of fire delay. 3. WARRANTY. The Seller ..Is Out all goads, articles, materials 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 perforated 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 hamden from any loss, damage or expense which the Purchaser may suRtt or incur on account of the Sellers breach of wrr aanty. The Sella shall replace, repair ar make good, without cost to the purchaser, any defects or faults using within am (1) year or within such longer peed of time in maybe prescribed by law or by the terms ofany applicable summaaty, provided by me Sella after me date of acceptance of me goods fmdshd Remainder (acceptance not to no tuueamrmbly delayed), resulting fmm impeff t or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a xaivn ofany claim undo this waamry. Except as otherwise provided in this purchase amp, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of my of the foregoing warranties or guarantees, but such liability shall in no event timbale loss of profits or lass of ace. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal aeons by writer, change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other Nan legal terms, including additions to or delmoms from me quantities originally ordered in the specifications or cravings. by verbal or written change order. If any such change affects the amount due or the time ofpafomrance hereunder, an equitable adjustment shall m made. 6. TERMINATIONS. The Purchera may at any time by women change oder, houninam Nis agreement as to any or all portion of the d goothen not shipped, subject on any equitable edjustmeTanis se, boamen me nito any work or matua6 then in progress provided that the Purchaser shall not be liable for any claims fro anticipated prefix on me uncompleted portion of the goods output work, for incidental or nmequential damages, and that no such adjastmrnt be made in favor of the Seller with respell to any 6muds which we the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller ofany oftheir obligations to many goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjuncrom most be xseacd within thirty (30) days Wm the date the change or termination Is ordered. 8. COMPLIANCE WITH LAW. no Sella summers ers that OR good sold Iemunder shall have hen produced, sold, delivered and focoisbW in said compliance with all applicable laws and regulations to which me good are subject. The Seller shall execute and deliver soh dacumants as may be rrgaiml to effect Or evidmn compliance. All laws as regulations requited m he incorporated in agreements of this character are hereby incorporated herein by his reference. The Sella agrees to indemnify and hold me Purchaser Function from all costs and damages suffered by no Purchxa as a result of me Sellers failure he comply Sim such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become doe hereunder without the prior writen consent of the other party. 10, TITLE. The Seller warrants full, clew and unrestricted title to due Purchaser for all equipment, materials, and items famished in performance of this agreement, f and clear of any and all liars, counctions. Mery oince , mainly interest encumbrances and claims o f omen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I Due Purchaser directs the Seiler to coned nonconforming or defective gods by a date to be agreed upon by the Purchaser and the Seller, and the Seller t icander indicates its inability or unwillingness m comply, the Purchaser may cause the work W be performed by the most expeditions means available to it, and the Sella shall pay all costs associated with such work. The Seller shall releme the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the perfomaue of such work. This release shall apply as"m in the event of fault of negligence of the party, relaxed and shall extend to the dimcmrs, oficas and employees of such party. The Sellers condemned obligation, including wantonly, shill mt be deemed an b, reduced, in any may, because such work u performed or caused an be performed "a Purchwa. 14. PATENTS. Whencvcr the Seller is criminal to use any design, device, mount or process covered by later, patent, trademark r copyright, the Seller shall indemnify, and save harmless the Purchaser from any and all claims far infringement by reason of the true of such patented design, device, natural or process in connection with the commer, and shall indemnify the Puchaer for any fiel, expense or damage, which it may be obliged to pay by reason of such infringemem at any time during the prosecution or alter the completion of the work. In case said ryuipmrnL or any pact thereof or Ne intended use of the goads, is in such suit held to constitule infringement and the are of and equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purolator the right m in. rising said equipment or pans, replan, the same with substantially equal but ruminGnging equipment, or modify, it so it becomes mninGager, 15. INSOLVENCY. If the Seller shill become mmlvmt or hmkapt, make an assignment for the benefit of creditors, appoint a receive, or tmstee for any of the Sellers property fir From., this aura may forthwith To canceled by the Purchaser wlthom liability. 16. GOVERNING LAW. The definitions of terms used or the recapitulation mime agreement and the fights of al l parties hereunder shall be construed under and .,amid by the laws mthe State afCalomd., USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Repmmntative(s), on case premises ofodrers. I). SELLERS RESPONSIBILITY. The Seller shill carry on said wank at Sella/s own ask until the came is fully completed and accepted, and &bull, in case of my saident, destruction or injury to me work and%or materials befog Sellers final completion and wearisome, complete me work at Sellers own expense and m the satisfaction of me Purehass r. When materials and equipment sore fumisha by others for installation or erection by the Sella, the Sella skill name, modified, store and handle same at the site and became responsible therefor x though such mmenals and/or equipment wort being f rmuned by the Sella under the Omer. 18. INSURANCE. The Seller shall, at ms own expense, provide for the payment of workers compensation, including occupational disease handles, 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 state in which the work is to be done. The Seller shall also carry cnmprehens ve geneal liability including, but car limited In, commetml and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $SW,W0 for any one occident and properly damage limit pa accident of Sa00,000. The Seller shall likewise require his contractors, if my, to provide for such eompemard n not ins ce. Before my of the Sellers or his contactors employers shall do my work upon the premises of others, me Sella such f mish she Purchasa with a of ilcam that such companatim ad assurance have been provided. Such maificates small specify the date whet such compensation and anuraace lave beau provided. Such catifcan shall specify me &to when such compensation and insurance expires. The Sella ". cam such compenation and inwmce shall be maiern med mtil after me moire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmes the entire rcsponsibil ity and liability for any and all damage, loss or injury ofany kind Or name, wlwuoever m persons or property caused by or resulting from the amemom of the .,it provided for in this purchax order or in connection herewith The Seller will indemnify and hold harmless the 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 or indirect, and whether to persons or property to which the Purchaser may be pm or subject by rmmn of any act, cam , neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or carnatifirchostv officers, agents or employees. In case my suit or other proceedings shall be brought against the Patrolman, or its officers, agents or employers at any time on account Or by reason of any act, utim, neglect, omission or default of the Sella of my of his common or my of its or their officers, agents or employees as emotion, toe Seller hereby agrees to connote me defense thereof and to defend the same at de Sellers own expense. m pay any end all ands, charges, momeys f and Omer expensive, any end all judgments that may he insured by or obtained against me Pur,hasa or any of its or meh m1fie rs, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against me property of the Purchaser, or said parries in or as a result of such suits a other proreedings, the Sella will at once cause the same to be dissolved and contingent by giving band or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guards naessary for the prevention of accidents, comply with all laws and regulations with regain to Safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant lhepow Revised 0]n014