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HomeMy WebLinkAbout470036 TG TECHNICAL SERVICES - PURCHASE ORDER - 9117064City of �F6rt Collins Date: 11/29/2011 0 Vendor: 470036 TG TECHNICAL SERVICES PO BOX 775 LEES SUMMIT Missouri 64063 PURCHASE ORDER PO Number I Page 9117U64 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY -AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 11/28/2011 Buyer: ED BONNETTE Note: PER INVOICE #3852 DATED 11/28/2011. Line Description Quantity UOM Unit Price Extended Ordered Price I Rae Systems MultiRae Lite-Pump 1 LOT LS 5,100.00 3 ea. c3. o"✓�:�4 s� 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wm Total Invoice Address 100.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order 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 NONWAIVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0)00587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 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 affair payment for goods hereunder or approval ofthc design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speeificationc, either when shipped or due to defects of any of the widramics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mounted to you for credit and arc not to be replaced except upon mccipt of wntten purchaser to insist upon strict performance hereofm any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms I nspcction. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part 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 from antitrust ACCEPTANCE is dependent urym completion ofell applicable required inspection procedures. violations are 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 hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. 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 most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made fmm greater distance. Permits. Seller .shall procure at sellers sole end all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the mark 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 Fort Collins harmless fmm and against all liability and Ions incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorimtion. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exprccaly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 as 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 of partial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hoavcven the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military anthomics, governmental priontics, fires, strikes, Bond, epidemics woos 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 del ivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, truces, materials and work covered by this order will conform With applicable drawings, specifications, samples and/or other descriptions given, will be fa for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, withom cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the grads famished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss infuse. 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 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 adjustmcnt shall be made. fi. TERMINATIONS. The Purchaser may at any fire by is ritun 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 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 be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser, or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days them the date the change or gemination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the grads arc 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 incnpwmted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser broadest, fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such Irv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wntten consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished 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 SF,L LERS OBLIGATIONS. If the Purchaser dircets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, 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 fmm all liability and claims of any nature resulting from the performance ofsoch work. This release shall apply cvcn in the event of fault of negligence of the parry released and shall extend to the directors, effects, and employees of such party, The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused lobe perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcc.,s covered by letter, patent, trademark or copyright, the Seller shall indemnify and mvc harmless the Purchaser fmm 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 gains, be obliged to pay by reason of such infringement at any time during 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 to constitute infringement and the use of said equipment or part 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 Nod but noninfringing equipment, or modify it sea it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or hankmpr make ern assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser Without liability. 16. GOVERNING LAW. The definitions after-rs used or the interpretation ofthe agreement and the rights ofnll parties he amder 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 Seller is to perform work hereunder. including the services ofScllcrs Regamsentative(s), on the premises ofolhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Seller', 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 final completion and neccptancc, complete the wmk at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Scllcr, the Sellershall receive, unload, ,lore 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. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of Workers conq ensatinn, 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 liability insurance with bodily injury and death limits of at least S300.0INI for any one person. S500,000 for any one accident and property damage limit per accident of 5400,000. 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 ofothcm 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 certificates shall specify the date when such comperinion and insurance expires. The Scllcr 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 or nature whatsoever to person, or property caused by err resulting from the cxccntiem of the work, provided for in this purchase order or in connection herewith. The Seller will indemnify and hold ham0es, the Purchaser and any or all of the Purchasers officca, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whe icr to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or are of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all crusts, charges, attorneys fees and other expenses. any and all judgments that may be incartcd by or obtained against the Purchaser or any of its or their officers. agent, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result ofsuch 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 mfety precautions. famish and install all guards accessary 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 rules and regulations issued pursuant thereto. Revised 03/2010