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HomeMy WebLinkAbout364100 L N CURTIS AND SONS - PURCHASE ORDER - 9957536Date: 12/17/2009 City of „`rt Collins /0" Page Number: 1 Purchase Order Number: 9957536 Delivery Date: 12/16/2009 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Per quote BNQ dated 12/8/09; freight is included. Please ship to Attn: Greg Tennyson; lead time 2-3 weeks. Line Qty/Units Description Extended Price 1 1 LOT 7,620.00 Firefighter rescue equipment Air bags, etc 2 1 LOT 3,394.00 Firefighter rescue equipment Struts, straps, etc Total $11,014.00 Invoice Address: City of Fort CojffinDirector of Purchasing and Risk Management City of Fort Collins This order is diaValicl over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fiona state and local taxes. Our Exemption Number is 98-04502. Federal Excise "fax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973, Chapter 30-26. 1 14 (a). Goods Rejected. 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 at not to be replaced except upon receipt of written instructions From the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection un an ival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the pail of the City of Foil Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 80522, unless otherwise specified on this order. If permission is 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 manufacturers have distributing points in various parts ofthe county, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted Gonn lavoice when shipnments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules oft he state, municipality, tell itcry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liabilityand loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives ai c. in fact, Iona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tens and conditions stated herein set forth and any supplementary or additional lens and conditions annexed hereto or incorfomted herein by reference. Any additional or different terms and conditions proposed by seller ;lie objected to :tad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the tittle stated on the purchase order and the documents attached hereto. No acts of the Pm'ChaSer5 including, without limitation, acceptance ofpartial late deliveries, shall operate is a waiver of this provision. In the event of anydeliy, the Purchaser shall have, in addition to other legal and equitable renaetlies, the option of placing this order elsewhere and holding the Seller liable for damages. 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 control and without its firth ofuegligenec, such acts of God, acts of civil or military authorities, governmental priorities, fit es. strikes. flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event ofany 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 warrants that all goods, articles, mmaterials and work covered by this order will conf tarn with applicable drawings, specifications, samples and/orother descriptions given, will be fit fbr the purposes intended. and perfi trued with the highest degree of care and competence in accordance with accepted stanthuds for work of a similar nutur. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults wising within one (1) yem or within such longer period of time as play be prescribed by law or by the terns of any applicable wananty provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting fi onm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach orally ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of profits or 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fronmthe quantities originally ordered in the specifications or drawings, by verbal m written change order. I f any such change affects the amount due or the time of performance hereundm in equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaser tray nt any time by written change order, terminate this agreement as to mry or all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties :as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for nnticipited profits on the uncompleted portion ofthe goods and/or work, for incidental m consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such tennination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fixnn the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to hc• incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to conmply with such IaW. If and only to the extent this [Agreement] constitutes a "sole source governnnent contract" within the meaning of Article XXV III ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Section I5 ofAtmiele XXVIII are hereby incorporated into this [Agreement]. In such a case, if the [Contracax] or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentiunde violates Section 15 or Section 17(') of Article XXV III, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions, finthree years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, orally monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wanants full. clear and unrestricted title to the Purchaser for all equipment, materials. and items famished in pertormance of this agreement. Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfmaaance ofthe ternss and conditions hereof. failure or delay to exercise any rights of remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of m payment fir goods hereunder or approval of the design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received m accepted as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic paactice, overcharges resulting fi-onm antitrust violatiotss are in fact tome by the Purchases Theretofore, for good cause 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 state antitrust laws f tr such overcharges relating to the particular goods or services purchased or acquired by the Purchaser ptnsumt 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 and the Seller. and the Seller thereafter indicates its inability or unwillingness io comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pany released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in anyway, because such work is perlbrnted or caused to be perfimned by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, nadenmrk or copyright. the Seller shall indemnify and sore harmless the Purchuscr from any and all claims for infiingennent byretson ofthe use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fin' ally cost, expense or damage which it miry be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipnactu, or any part thereof or the intended use of -tile goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non-iufi inging. 15. INSOLVENCY. Ifthe Seller shall become insolvent or bankrupt, nuke an nssignntent for the benefit oferediturs, appoint a receiver or trustee tier any of the Sellers property or business, this order may forthwith Ix canceled by the Purchaser without liability. 16. GOVERNING LAW. l he definitions of terns used or the interpretation ofthe agreement ;and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, in case ofany accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, mplete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation m erection by the Seller, the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I8. INSURANCE - The Seller shall, at his own expense, provide for the payment o f w., kc,, compensation, including occupational disease benefits. 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 comprehensive general liability including, but not limited to, contractual and automobile public liabilityinsurance with bodily injury and death limits of at least .$300.000 for any one person. S500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his COnt'aclors, if any, to provide for such compensation and insurance. BctLaC any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind of nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indennify a nd hold harmless the Purchaser and any of 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 propeny to which the Purchaser nay be put orsubject by reason ofany act, action, neglect, omission or default on the pan of the Seller, any ofhis contractors, or any ofthe Sellers or contractors officers. agents oremployees. fat case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or enmployees it any tinne on account or by reason of any act, action, neglect, omission or default ofthe Seller ofany of his contractors orally of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to ❑ssunme the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges. attorneys fees and other expenses. any and alljudgnmenis that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case jade cut or other lien be placed upon or obtained against the property ofthe Purchaser. or said parties in oras aresult ofsuch suits or other proceedings, the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fi tnish and install all guards necessaryfor the prevention of accidents, comply with all laws and regulations With regard to safety including, but without linmitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0412001)