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HomeMy WebLinkAbout172216 PINNACOL ASSURANCE - PURCHASE ORDER - 9111435PURCHASE ORDER PO Number Page City Of 9111435 1 of z `t Collins This number must appear V _`�► 1\�7 on all invoices, packing sli s and labels. Date: 03/0812011 Vendor: 172216 Ship To: POUDRE FIRE AUTHORITY - AD PINNACOL ASSURANCE 102 REMINGTON DEPT 500 FORT COLLINS Colorado 80524 DENVER Colorado 80281-0500 Delivery Date: 03/08/2011 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Workers' Comp Insurance 1 LOT LS 66,272.11 Total $66,272.11 azx�orb Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NON WAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcof, failure or delay to Internal Revenue Denver. Colorado (Ref. Colorado Revised Stntntes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or 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 defects of any or the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in hansiq may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereoforany writs rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pnported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the Citv of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcrchancim. services or oquipmcat in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. 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 hercancr Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Word St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the partieulm goods or services otherwise specified an this made, If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When, manufacturers have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. mlcs and requirements. Authorisation. All parties to this contract agree that the mprescmalivcs arc, in fact, bona fide and pus,es, full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons, and conditions stated herein set forth and any supplementary or additional terrors and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late,deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing 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 moatunable control and without its fault ofnegligenee, such acts of God, acts of civil or military authorities, governmental priorities, fire, strikes. Bond, 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 theroo(. In the event of any 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, materials and work covered by this order will conform with applicable drawings, specifications, mmples 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 accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Shccrs breach of warranty. The Seller shall replace, repair or make good. without cost to the purchaser, any defect, or faults arising within one (p year or within such longer pein of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seiler one, the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately catuod by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits ar 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 term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by ,ritten change order, tcmtinate this agreement as to any or all portions of the good then not shipped. subject to any equitable adjustment beteeon the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pdal sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the gads 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 be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hapless from all costs and damages suffered 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 any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, Security interest encumbrances and claims of others. 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 to 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 of any tier from all liability and claims of any nature resulting Farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Scllcrs contractual obligations, including warranty, shall not be decried to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process emend by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the 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 ofsuch infringement at any time during the prosecution or aficr the completion ofthe work. In case said equipment, or any part thereof or the intended use of the 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 more with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofico, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the services of Scllcrs Representative(s), on the premises ofufhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's fatal completion and neecpmnce, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site sad become responsible Ihcrcfor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at 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, and/or to their dependents in accordance with the laws of the rate in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of mhers, the Seller shall furnish 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 certifcaes 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 Scllcr hcrcby assnmcs the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property cried by or resulting Four the execution of the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchvsurs 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 he put or subject by reason of any vet, action, neglect, omission at default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its officers. ngcnts or cntployccs many time on account or by reason of any act, action, neglect, omission or default ofthe Seller of any of his commctors or any of its or their oNecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense fl crenf and to defend the same at the Sellers own expense, to pay any and all costs, charges. attorneys fees and other expenses. any and all judgments that may be incurred by or ohtnined against the Purchaser or any of its or their effects, ,agents or employees in such suits or other pauccedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to sabre including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010