HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9150103Fort Collins
Date: 01/08/2015
Vendor: 108939
L L JOHNSON DIST CO
4700 HOLLY ST
DENVER CO 80216-6410
DI ";
PO Number Page
9150103 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/08/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 60,000.00
Misc. Parts
to cover the cost of miscellaneous parts
for fiscal year 2015. All requests shall be
made upon the City Parts/Shop departments only and
shall be accompanied by an invoice or job ticket.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
2 Blanket Order 1 LOT LS-3,000.00
Credit
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
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 680
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
99-04502. Federal Excise Tax Exemption Cenifieme of Registry 84-6000587 is registered with the Collector of
Imerial Revenue, Drover, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Cords Rejected. GOODS RMECTED due no failure in meat specificandri either when shipped or due ro defiers of
damage in transit, may be rewned to you for credit and are not to he replaced except upon receipt of written
instruments from the City affair Collins.
Inspection GOODS are subject to the City of Fen Collins inspection on mrival.
Final Acceptance. Receipt of the merchandise, se r equipment in response in this order can result in
authorised payment on the par of the City of Fon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon complaion ofall applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fen Collins. 70o Wood St, Fen Collins, CO 90522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not b, accepted.
Shipment Distance. Where manufacturers have disributing points in various pros of the country, shipment is
expected from the nearest distribution point to destination, and cocas freight will be deducted from Invoice when
shipments me made from greater distance.
Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the some, municipality, territory or political subdivision where
the work is Performed, or required by my other duly coranwmd public authority having jurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Fen Collins harmless from and Mrsmi all liability and loss
incurred by them by reason of an asserted or esmbinded violation of my such laws, regulations, ordinances, rules
and requirements.
Au deneation. All panics to this contract agree that the representatives are, in fact bona fide and possess full and
complete authority in bind said parties.
LIMITATION OF TERNS. This Purchase Order emgressiy limits acceptance to the It. and com itiora stored
herein set forth and my supplementary or additional terms and conditions annexed Moved or incorporated herein by
reference. Any additional or different reams and conditions imposed by seller are objected to and hereby, rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely ifyou cannot make complete shipment to arrive con your
promised delivery date O noted. Time is of the essence. Deliveryand performnce must be effected within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptnce of portal late deliveries, shall opemu as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for manages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault ofnegligence,
such acts of God. acts of civil or military suffism , f avernmened priorities, fires, strikes, grad epidemics, wars or
riots provided that notice of the conditions causing such delay is given to In, Purchaser within five (5) days of don
time when the Seller End received knowledge dtmwf In the event of my such delay, the date of delivery shall be
extended for the period equal in the time mostly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or order desenptiotrs given, will be fit for the purposes intended, and
performed with the highest degree of care and competence is accordance with accepted standard for work of a
similar noway. The Seller Were, ro bold the purchaser harmless from my loss, damage or expanse which the
Purduser may suffer or incur on acmwt of the Sellers breach of wammry. The Seller shill replace, repair or make
good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of edy applicable warmly provided by the Seller after the date of
acceptance of the goods Burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of good by the Purchaser shall not
onstimpe a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend no all damages proximately caused by the breach of any, of the foregoing sommnties
or guarantees, bier such liability, shall in no event include lass of porfiu or loss of use. NO IMPLIED WARRANT'
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 COMMERCIAL TERMS.
The Pmchaser may make any charges to the terms, odder than legal terms, including additions to or deletions from
the quanddes originally ordered in the specifications or drawings, by verbal or written change order. If my such
change affeca the amount due or the time of performance hereunder, m equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, dominate this agreement as to my or ell protons of the
good than not shipped, subject to any equitable adjustment between the ponies as to my work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
ponirof the goods and/or work, for incidental or consequential damages, and tom no such adjustment be made in
favor of the Seller with respect to my good which are the Sellers standard stock. No such termination shall relieve
She Purchaser or the Seller of any of their obligations as to my goad delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment rate, be asserted within thin, (30) days from the date the change or ammunition is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and
deliver such documents as may her required in effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character me hereby imen" aced herein by this reference. The Seller agrees to
indemnify cod Bold the Purchaser harmless from all costs and damages sufTered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT,
Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the order parry.
10. TITLE.
The Seller wanders full, clear and cares meted title to the Purchaser for all equipment mannds, and items banished
in performance of this agreement fee and clear of any and all liens, restrictions, reservations, security interest
encumbrances cod claims of others.
11. NONWAIVER.
Fadurce of the Purchaser to insist upon screct performance of the terms and conditions hereof, failure or delay to
exercise any rights or rennedia, provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance of or payment for goody hereunder or approval ofthe design, shall nor release the Seller of
any of the warranties or Obligations of this purchase order and shall ON be deemed a waiver of any right of the
purchaser m insist upon strict performance heranfor any of its rights or remedies as to my such good, regardless
of whm shipped received or azcepred, as in my prior or subsequent del It hereunder, nor shall my purported
oral modification or rescission of Ibis pmrchace order by the Purchaser operate as a waiver of any of rde terms
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimem
violations are in fact home by the Purchaser. Therapars. forgoodcause 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
acquired under federal or some mtitrun Imes for such overcharge relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
Id PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to corzect nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchase
may came, the work to be performed by the most expeditious mews available to it, and the Seller shall pay all
cases ascoeiered with such work.
The Seller shag release the Perchance and its contractors of my der from all liability and claims of my nave
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the pony released and shall expend w the
din«Tors, officers and employees of such parry.
The Seller's contractual obligations, including wares , shall not be deemed to be reduced, in my way, because
such work is performed or caused to M performed by the Purchaser.
14. PATENTS.
Whenever the Seller is regains! to use my design, device, mareriel in press covered by letter, Funded. trademark
r copyright, the Seller shall indemnify cod save hamdems the Pwchaser firm my and all claims for infiingemmt
by reason of the use of such patented design, device, mmedal or process in connection with the contract, and
shall indemnify the Purchaser for my coo, expense or damage which it may be obliged no pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case send equipment, or
my pan thereof or the intended use of the goods, is in such suit held to constitute Infringement and the use of
sad equipment or pm is enjoined, the Seller shall, at its own expense and in its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfind, ng equipment, or modify it so it becomes twninfinging.
15, INSOLVENCY_
If she Seller shall became insolvent or bankrupt make m teddrmmt for the bereft of crMiinrs, appoint a
receiver or mmee for my of the Sellers property or business, this order may fosthwiM be can Bled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of rde agreement and the nghw of all parties hereunder shall be
constmed under and gman ed by the laws of the Sum of Colorado, USA.
The following Additional Conditions apply only in cases whae the Seller is to perform work hereunder,
including the services of Sellers Representativef rk on time premises of orders.
IZ SELLERS RESPONSIBILITY.
The Seller shall <, on said work at Seller's own risk until the same is fully compleed and accepted, and shall,
in e of any accident, conviction or injury to the work and/or materials before Seller's foal completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials
and equipment are fumished by others for installation or erection by the Seller, me Seller shall receive, unload,
store and handle same at she site and become responsible rherefor as though such materials murder equipment
were being fumished by the Seller coda the order.
IS INSURANCE.
The Seller shall, in his own 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,
wdlor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also can, comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least SOOOM for my one person, $500,000 for my
one accident and property, damage limit per accident of "By" The Seller shall likewise require his
commen rs, if any, to provide for such compensation ard insurance. Before my of the Sellers or his contmcmrs
employees shall do any work upon the premises of others, the seller shall famish dre Purcbasn with a cenif cite
that such compensation and insurance have been provided. Such crouriates shall specify the die whin such
compensation and insurance have been provided. Such cenificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compemation and insurance shall be mentioned until after the
core work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the ender responsibility and liability for my all all damage, loss or injury army kind
or nature wbmrver to pdame, or property mused by or rending from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my
or all of the Purchasers offiners. agents and employees from and against my and all clams, Iona, damages,
changes or expenses, whether direct or indirect and whether to persons or Porpary in which the Purchaser may
be pm or subject by reason of any act action, neglect, omission or default an the pro of the Seller, any of his
contractor, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought Manor the Puchaser, or its officers, agents or employees in my time on account or
by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees w aforesaid, the Seller hereby agree in assume the defense thereof and m
defend the same in the Sellers own expense, to pay my and all costs, charges, anomrys fees and other expenses,
my and all judgmen¢ that may be incurred by or obtained sgenst the Purchases or my of its or their officers,
agents or employees in such suits or order proceedings, and in case judgment or other her be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of sorb suits or other proceedings,
rde Seller will ar once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fumich and insist all guards necessary for doe 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 rule and regulations issued pursuant thereto.
Revised 0712014