HomeMy WebLinkAbout550030 ARROLAST - PURCHASE ORDER - 9150555Fort Collins
Date: 01/23/2015
Vendor: 550030
ARROLAST
6311 S ARCADIA RD
SHELTON WA 98584
111ge_J_F*to
PO Number Page
9150555 1 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 01/22/2015 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Arrolast 48 target system (20)
Quote dated 1-7-15
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
11,900.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt man state and local taxes. Our Exemption Number is
I L NON WAIVER.
98{N501. Federal Excise Tax Exemption Cenificam of Bell 84.6000587 is aegis¢red with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditiom hereof, failure or delay to
Inaemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter, 39-26, 114 (a).
exerase any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to de&cui of
my of the amm ntia or obligations of this purchau Omer snd shall not be deemed a waiver of any right of the
damage in transit may be reamed to you for credit and arc wa as be replaced except upon receipt of women
purchaser b insist upon wad performance h.ofm any ofaas rights or readies as to any such good, regardless
rmwetiors from the City ofFort Collins,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or marissim of this purchase We, by the Pandora operate m is waiver of any of that betas
Inspection. GOODS art subject to the City of Fos Collins inspection on artival.
hereof.
Final Acceptance. Receipt of the merchandise, seervic. in equipment in response to this order can result in
Il. ASSIGNMENT OF ANTITRUST CLAIMS.
sumborved payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaer recognize that in actual ec ges ac practice, o erchuresulting fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable captured inspection procedures.
vlolmoa an, in fca home by fire Pumbown. Thminfi renfor good camp, and as combination for executing this
purchase We, the Seller hereby assigns to the Purchaser any and all claims it may now have ar hereafter
Freight Terror. Shipments most be F O.B., City of Find Collins, 700 Wood St, Far Collins, CO 80513, unless
acquhed under federal or scale antionest laws for such overthargn reining to the particular good or services
otherwise specified on this order. if pmnission is given to prepay freight and charge separately, the original freight
pmchmed or acquiml by the Purchaser pursuant to has purchase Omer.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFOR LANCE OF SELLERS OBLIGATIONS.
Shapmma Distance. Where manufsmuers have duoilamin, points in various pans of Re country, shipment is
Ifthe Purchases directs the Sella to comet nonomf ing or defective good by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess (might will be dialectal fmm Invoice when
Posbaser cord the Sella, and the Sella thermfter indicates its inability or unwillingness to comply, the Purchases
shipments are made fmm greater distance.
may came the work to be Permitted by the must expeditious means available to it, and the Sella shall pay all
mats assmiared with such work.
Permits. Sella shall procure at sellers sole cost all necessary, permits, cenificata and licenses natural iral by all
applicable laws, regulations, omitinca and ales of the suite, municiWlity, temtmy, or political subdivision where
the work is performed, m required by any other duly communed public authority having jurisdiction over the work
of vendor. Sella fuller, Wes to hold the City of Fan Collins hermleas from and against all liability and lass
incurred by them by reason of an msened or established violation of my such laws, remlmom, ordinances, tales
and regairemcrts.
Audiomstion. All partirs to this contract agree that Ne repmsenftives are, in fact, boa fide and possess full and
omplae authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to fie terra and conditions stated
herein sat Ranh and my supplementary or additional temp and conditions annexed hereto or incoryomted heein by
reference. A, additional m dilTciat mina end conditions proposal by seller are objected b and hereby rejwaed.
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 examm. Delivery and performance most be elected within the time
stated on the purchase aide, and the documents imchd herein. No mf of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the evertor ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Omer elsewhere
and holding the Seller liable for damage. Ilowever, the Seller shall not be liable for damages in a result of delays
due to causes not reasonably faresoable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts of civil or military authorities, governmental priorities, Fares, strikes, Good, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser 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 pall pail to the time actual ly last by reaon of the delay.
3. WARRANTY.
The Sella warrants that all good, miles, 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
performed with the highest degree of care and competence in accordance with ccepam standard for work of a
imilar nature. The Sella agrees to hold the purchaser brassies from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sell. breach of Outran, The Seller shall replace, repair or make
grand, without cost o the purchaser, any 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 any applicable warranty provided by the Seller after the date of
acceptance of the goads famished hereunder (acceptance not to be unreumnably delayd), resulting from imperfect
or detective work done or materials famished by the Seller Acceptance a use of good by the Purchaser shall not
tmtiate a waiver ofany claim order this warranty. Except as otherwise provided in obis purchase order, the Sellers
liability hereunder shall extend to all damages posimamly caused by the breach of my of the foregoing warranties
or gasman oes, but such liability shall in no event include loss of parts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal terms by when change We,.
5. CHANGES IN COMMERCIAL TERMS.
The Pumbosa may make any changes to the temess, other than legal terms. including additions to or deletions from
me quantities originally ordered in the specifications or drawings, by venial or written change omen. If any such
change affects the amount due or the time of perfomunce hereunder, an equitable adjustment shall Ise made.
6. TERMINATIONS.
The Purchaser may st any time by wriaam change mile,, terminate this agreanear as to any a, all pnniora of she,
goods then tat shipped, subject to my equitable adjustment between the parries as b any work or materials then in
Progress provided Nat the Purchaser shall Out he liable for my claims for anticipmd pu fas on she wacompled
portion of the good similar work, for incidental or wmryuential damages, and that m such tljactment be made in
favor of Ne Sella with respect to any goods which are Nc Sellers summand stock. No such ac ndoation shall relieve
the Pu maser as the Seller ofany ofthear obligation in to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim far adjustment must be assened within thirV (30) days from the die the change ar termination is
ordered.
8. COMPLIANCE WffH LAW.
The Seller wmmts rhi all gads sold hereunder will have ban produced, sold, delivered tam famished in strict
compliance with all applicable laws and regulations to which the good as subject. The Seller shall execute and
deliva such daummm m may be naryitW to effect or evidence compliance. All laws and mgulatiom required to be
incorporated in agitation of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold fire Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither panty shall assigns, toner, or convey this order, or any monies due ar m become due formula without the
prior wdnrn consent ofthe other pray.
I O. TITLE.
The Seller warrants full, clear and unrestricted title a the Puchmer for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, spumy interest
mcumb urces and claims of others.
The Sella shall release the Purchaser and its mountains of my tier fmm all liability and claims of my nature
resulting from the perill am ofsuch work.
This ml. shall apply even in the at of fault of negligence of the party released and shall aaend to the
direcbrs, officers and employers of such patty.
The Sellers wnoacmal obligations, including warmay, shall not be domed to be reduced, in any way, became
such work is performed or caused b be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is mluird to use any deign, device, material a process wverd by later, parent trademark
r copyright, the Seller shall indemnify and save nameless the Purchaser from my and all claims for immigration
by reason of the use of such Frtenaed design, device, material or process in connection with the comma, and
shall indemnify the Purchaser for any cost, expense cur damage which it may be obliged to pay by reason of such
infnngement at any time dung the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held b wmtimte infringement and the use of
said equipment or pan is enjoined, the Sella shall, as its own expense and m its option, either procure for the
Purchaser the right to continue using said equipment or pens, replace the same with substantially egml but
naninfrinSing equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
reativer or mmtee for any of fire 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 inteTmostion of the agreement and the rights of all probes hereunder shall be
onstmed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of sellers Repo sentativaid, on the premises ofofers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work an Sidles own risk until the more is fully completed and accepted, and shall,
in ase of any accident, destrnclum or injury to the work similar materials before Seller's final completion and
acceptance, ..plan the work at Sell&, own expense and b the a0mi amain of the Purchaser. When matenls
and amproad are famished by others for imuillmon or section by the Si the Seller shall receive, unload,
store and handle same at the sate and become responsible Reactor m though such materials and/or equipment
were being famished by the Seller under he order.
I F INSURANCE.
The Seller fiall, at his own expense, provide for the payment of workers compemation, including Occupational
disease benefits, to its employees employed on m in connection with the work covered by this purchase order,
urban to their dependents in sans dace with the laws of the slate th which the work is to be done The Seller
shall also carry comprehensive general liability including, but Out limited to, contractual and automobile public
liability ioaumnce with bodily, injury and &sib limits of at least 5300,000 for any one Person, 5500,000 for very
e accident and property damage limit per accident of SBIRW. The Sella shall likewise require his
contractors, if any, to provide fen such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premiss of others, the Sella shall fumlsh the Pumhmer with a ttnircate
dust such compensation and mmurner have been provided. Such cerifiwtes shall speedy the date when such
wmpaisatim and or. have been fovided. Such ceNfcates shall specify the dam when such compensation
and imurnnce expires. The Seller agrees Nat such compemazion and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby commas the entire cepomibiliry and liability for any soul all donate, loss or injury ofany kind
r mart whonswc r m persons or property caused by or resulting from the execution offt work provided for in
this purchase order or in nomination herewith. The Sella will indemnify all hold harmless the Purchaser all any
or all of Ne Purchasers oRcers, agents all employees from and afi b st any and all claims, losses, damages.
charges or expenses, whether direct or indirect, and whether b persons or property, b which the Purchaser may
be put an subject by reawn of any and, action, neglm, omission or default on the pan ofhe Seller, my of his
wnrrcm,s, or my of the Sellars or conrracbrs officers, agents or employees. In case any suit or other
proceedings &ball be brought against flaw Purchaser, or if officers, agents or employees at my time on accamt or
by mamn of my ca, samn, neglect, omission or default of the Sella of my of his contreaors or my of in or
Neu ofliams, agents a employees as aforesaid the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, b pay any and all costs, charges, anomeys f and other expenses.
my and all judgments that may be hummed by or obtained against the Purchaser or my of is or their o1Rc.,
agents an employees in such suits or other proceedings, and in case judgment or other lam be placed upon or
obtained against the property ofthc Purchaser, or said panic in or as a result of such suits or other procedings,
fire Sella will at once cause the same to be dissolvd and discharged by giving bond or otherwise. The Seller and
has contractors shall take all safety precautions, Finnish and install all guard necessary for the prevention of
accidents, comply wit all laws and regulations with regard to safety including, but without bands era, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pmsnant thereto.
Revised 0)R014