HomeMy WebLinkAbout548844 CENTER FOR PRIORITY BASED BUDGETING - PURCHASE ORDER - 9147036Fort of
Date: 12/01/2014
Vendor: 548844
PURCHASE ORDER
CENTER FOR PRIORITY BASED BUDGETING
13701 W JEWELL AVE SUITE 28
LAKEWOOD CO 80228
PO Number Page
9147036 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FINANCE ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/01/2014 Buver: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Horizontal Offer Prioritizatio
PER INVOICE #INV1014.1 DATED OCTOBER 30, 2014.
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 LS
7,000.00
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
I. COMMERCIALDETAIIS.
Tax exemptions. By statum the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000589 is registered with the Collator of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Stmutes 1973, Chapter 39-26, 114 (a).
Goods Rejector. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
inswctions from the City of Fort Collins.
hepatica. GOODS sre subject o the City of Fort Colloss inspection on arrival.
Final Acceptance. Receipt of the merchandise, services of equipment in respoae In this order can resull in
authanial payment em the Fan of the City of Fort Collins. However, it is to be uudrntoa that FINAL
ACCEPTANCE is dependent upon completion of all applimble ms,its inspection procedures.
Freight Terms. Shipments must be F.O.D., City of Fort Collins, 900 Wood St, Fail Collins, CO 80522, unless
otherwise specified on this order. If permission ix given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufazmrers have distributing points in various pans of the country, shipment is
expected from the nearest dim bunion point to destination, and excess freight will he deducted from Invoice when
shipments are trade fen I ro er drecame .
Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and,ales of the and, municipality, fact., or political subdivision where
the work is perforated, or required by my other duly constituted public authority laving jurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Too Collins hamticss form anal .Saint all liability and lose
incurred by them by reason of m asserted or established violation of my such laws, regulation, ordinances, rates
and requirements.
Audar ivtion. All ponies to this contract agree that be rep vermatives are, in fact hem fide and pamescs, full and
complete authority to bird said ponies.
LIMITATION OF TERMS, This Purchmc Order expressly limits acceptance to the team and conditions stated
herein set fafh and any supplementary or additional bras and conditions annexed hereto or incorporated herein by
mfeexter, Any additional or different terms and condiliam proposed by seller me objected to and herby related.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within me time
stated on be purchase, under and the documents attached hereto. No no of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall .,creme m a waiver of this prevision. In de, event of any delay,
the Purchaer shall havo, in addition to other legal and equitable remakes, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller fll not be liable for damages as . result of delays
due to muses not mosombly foreseeable which art beyond its reasonable control and without its fault of negligence,
such azsofGad, ass of civil or military authorities, g.vermnmml priorities,f S, suites, flood, epidemics, wars.,
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (51 days of the
time when the Sella first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time mtmlly lost by nation of the delay.
3. WARRANTY.
The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable
drawings, specification, sample and/or other description given, will be fit for the purposes intended, and
pafotma with the highs. degree of care and confidence in mcordence with accepted Mishnah fen work of a
imilar amre. The Sella agrees 1. MIA the pumhmer horn d. fen any lass, damage or expense which the
purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair m make
good, without cost m the purchaser, any defects or faults arising within one (U year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Sella after the date of
accepum, of the goods browbeat bereuMa (acceptance m, to he ...My delayed), resulting from imperfect
Or defective work done Or mammals famished by the Seller. Acceptance Or use of good by die Purchmer shall not
onstitute a waiver of any claim under this warranty. Except es otherwise provided in this purchase order, the Sellers
Liability hereunder shall extend to all domagea proximately caused by the breach of any of the foregoing warranties
Or guarantees, but such limit iry stall in no event include loss of .to. or loss of ahe. 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 women change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the gmou.n. originally ordered in the specifications fir drawings, by verbal or women change We, If any such
change affects the amount due or the time of performance hereunder, m equitable adjustment shall be made.
6. TF.RMiNATIONS.
The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in
pm,,Sa provided Nat me purchaser shall not be liable for any claims for ..,allied profits on the uncompleted
portion of the Sands anNor we&, for incidental or mnsequmoal damages, and Na, an such adjustment be made in
favor of the Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as re my gaud, delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days from the date the change or maturation is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller warms that all goods sold hereunder shall have been produced, sold, delivered and fumishal in strict
compliance with all applicable laws and regulations m which the goods are Subject. The Seller shall execute and
deliver such documents On may be required to elect or evidence complianm. All laws and regulation required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees te,
indemnify all hind the Pumboser bamnlesh from all ass all damages suffers by the Purchaser a a mall of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mrssfer, or convey this order, or my names due or to become due hereunder without the
prior written consent ofthe other of
10. TITLE.
The Seller warrants full, clear and umesmicta title to the Purchae, for all equipment materials, and items burnished
in performance of this agreement, fice cat clear of my said all liens, restrictions, mesmatiom, security interest
encumbrances and claims ofahas.
I I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise my rights or remedies provided herein or by law, failure to promptly ontify the Sella in the event of a
bemeh, the accepmna of- payment for goods hereunder or approval ofthe design, shall rut release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right Of the
purchaser to insist upon strict performance harofor any of its rights or remedies as to any such goods, regardless
of when shfppcd, received or accepted, as to any prior or subsequent &fault hereunder, for shall any purpancd
oral modification m rescission of this'erchue order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual earromic practice, overcharges could, from .hums'
violations are in fact home by the Purchaser. Theretofore, for good cause and as mnsiderarion fen cramming this
purchase order, the Seller hereby assigns to be Purchaser any and all claims n may now have or Lorraine,
acquired under federal or stain selioust laws for such overcharges relating to the particular goods or services
purchased or acquired by thc purchaser pur mr to this Purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser soul the Seller, and the Seller thereafter indicates its inability ar onwillingaess to comply, the purchase,
may muse the work to be performed by the most expeditious means mailable m it, and f Seller shall Pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any der from all liability and claims of any nature
resulting Imm the performance of such work.
This releae shall apply even in the event of fault of negligence of the pray miessd and shall extend to the
directors, oficrn and employees of such pity.
The Sella, contractual obligation, including warranty, shall fnt be deema m be reduced, in my wry, because
such work u perforated., soused Or be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, matmal or prase coverts by letter, Patent, hadm ark
Or capyrigd, the Seller Shall indemnify and save harmless the Purchaser fiOm my and all claims for infringement
by reason of be use of such patented design, device, material or process in connection with the 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 my time during the prosecution or after the completion of the work. In ense said equipment, or
my pan thereof on the intetWed toe of the goods, is in such suit held to constitute infringement and the use of
Said equipment or Pace is enjoined, the Seller shall, at its own expense and at its option, either proclaim for the
Purchaer the right to continue using said equipment or pens, replace the more with substantially equal but
noninfringing equipment, or modify it sa it becomes aminGnging.
15. INSOLVENCY.
If be Seller shall became insolvent or ban:mpt, make an assignment for the benefit of creditors, appoint a
or mr stm for my of the Sell as ...pray or business, this mile, moy fanhwith be connected by the
Purchase, without liability.
16. GOVERNING LAW.
The definitions oftems used or the interpretation of the agreement and the rights of all panics hereunder shall be
cantmed unda and go amned by the laws ofthe State of Colorado. USA.
The following Additional Conditions apply only in efses where the Sella is to perform work herear, er,
including the services ofSellrn RepresenmtivHs), an the premises clarions.
17. SELLERS RESPONSIBILITY.
The Sella Shall sorry on said work at Sidlefs own risk .,it the same is fully completed and accepted, and shall,
in au of any accident destruction m injury t0 be work anNor tnatmals before Sellers final completion soul
acceptance, complete the work at Sellers awn expense and to the Satisfaction of be Purchmer. When materials
and equipment me famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle were, at the site and become responsible therefor as though such moverish aator equipment
was being fmfuha by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expanse, provide for the payment of workm compensation, including occupational
disease benefits, to its employers employed on or in connection with be work asxrtd by this purchase order,
and/or to their depe this in accordance with the laws of the state in which the work u to be done. The Seller
shall also carry, comprehensive &coast liability including, but not limited to, economical and automobile public
liability insurance with bodily injury and death limits of or least 5300,000 for my one person, $500,000 fur my
e accident and property damage limit per accident of SI00,000. The Seller shall likewise require his
c.ntracmrs, if on , b provide for such compewtioa and assurance. Before my of the Sell— no his cmmu mrs
employees shall do my work upon the premises of others, the Sella shall f ish the Purcharr with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have ban provided. Such certificates shall specify the date when such compensation
all insurance expires. The Sella agrees but such exmpnuation Said insurance shall he mai=ma until after the
more work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire malusibilmy and liability for my and all damage, loss o1 injury of any Ida
Or mum whatsmwer to person or property mused by Or resulting from the execution ofthe work Provided for in
dds purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaer 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 persom or pmpeny m which the Purchaser may
In put or subject by arson of my act, action, neglect. omission or default on the Part of the Sella, any Of Ns
contactors, or my of the Sellers or contractors officers, agents or employees. In care any suit Or other
proceaings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, Samoa, neglect, omission or def rd, of the Seller of any of his contactors or my of its or
their officers, agents or employees as of rressid, the Sella hereby agrees to assume the defense thereof and to
defend the same a the Sellers own expense, to pay my and all costs, charges, mbmeyt fees and other expenses,
my and all judgments that may be incurred by Or obtained against the Purchasa on my of its or their officers,
agents or employees in such suits or other proceedings, anal in case judgment or other lien be placed upon or
Obtained against the pmperty of the Purchaser, or Said Ivories in or as a result of such suits or other proceaings,
the Sella will at once sae the same on M dissolve and discharged by giving bond orodubvise. The Seller sod
his contractors shall rake all Safety pacautio e. famish and install all'arils 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 cities and regulation issued pursuant thereto.
Revised 0IR014