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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - PURCHASE ORDER - 9117057City of Fort Collins Date: 11/28/2011 PURCHASE ORDER Vendor: 426136 MES - ROCKY MOUNTAINS 700 W MISSISSIPPI AVE BLDG E, UNIT 6 DENVER Colorado 80223 PO Number Page 9117057 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 RFP 7134 AWARD & CONTRACT. $1648.00/.95 = $1734.00/set is the 2011 price per Alicia Roth's formula. Per invoice #00275049 SNV dated 11/10/2011. Line Description Quantity UOM Unit Price Extended Ordered Price I Bunkergear INv 00275049_SNV 11/10/2011 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.com 1 LOT LS 19,074.00 Total Invoice Address: 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 fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502, Fedmal 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 hereof. failure or delav 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 necepnnec 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 defects of tiny of the ,,am, one, or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be retained to you for credit and are not to be replaced except upon receipt of written purchase( to insist alum strict performance hererforany ofis rights or remedies ns to any such goods, regardless insinuations from the City effort Collins. of when shipped, received or accepted, as to any prior or suhsequent default hereunder, nor shall any purported oral mndifiadino a mscissinn of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are 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. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in nctual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedums. violations arc in fact boom by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchases- 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., Fon Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular grads or services otherwise specified on this order. U permission is given to prepay freight and charge sepamtely, 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from grader distance. may cause the work to be performed by the most axpeditioos means available to it, and the Seller shall pay all cuss nssociated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, tantory or political subdivision where the work is performed, or required by any other duly contributed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requimmems. Authorization. All parries to this contract agree that the representatives am, in fact, bona ride and posses, full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term., and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the 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 ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. Howaxr, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its miserable control and without its fault of negligence, such acts ofGod, acts ofeivil or military authorities, governmental priorities, fires, strikes, tlo M, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first reeeived knowledge thereof. 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 of the delay. 3. WARRANTY. The Seller w.mants that all goods. articles, 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 accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may surfer or incur on account of the Sellers breach ofwarmnty. The Seller shall replace, repair or make good, without cost to 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 terns ofany applicable warranty provided by the Seller atler the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waives 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 of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits a 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms including additions to or deletions from she qunmisics origimally ordered in he specifications or drawings, by verbal or .mitten change easier. If any such change affects the amount due or the time ofperfsrmancc hereunder. an equitable adjustment shall be made. 6. TERM (NATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustment between 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 be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchascr 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 from the date the change or termination is ordered. g. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall 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 m effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this chancier are M1acbv incorporated httcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchuscr as a result ofthe Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become disc hereunder without the prior written consent of the other party. 10, TITLE. The Sella warrens 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, reservdions security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any Her fmm all liability and claims of any nature resulting from 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 dimcfers, nRcers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, limanse such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use nny design. device, material or process covered by latter, patent. trademark or copyright, the Seller shall indemnify and save hamrless the Purchases- from any and all claims for infringement by reason of the use of such patented design, device, material at 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit hem to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but ooninfringing equipment. or modify it so it becomes mnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankntpt, make an assignment for the benefit of creditors, appoint a rccciecr or trustee for any of the Sellers pmNrty or business, this order may forthwith be canceled by the Purchaur without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constncd under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Ramsentasivas), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty oa said work nt Scllcrs 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 Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Paehascr. 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 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. pmvidc 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/err to their dependents in accordance wish the Imes 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 5300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if nny, to provide for such compensation and insurance. Before anv of the Sellers or his contractors employees shall do any work upon the premises nfrahers, the Sella shall famish the Purchascr 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 canifiesstes shall specify the date when such compensation and insurance expires. The Seller agrees Ihd such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or.mnre whatsoever to persons or property caused by or resulting from the execution Mthe work provided fnf in This purchase ontcr or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchases 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 pmpcny to which the Purchaser cony be put or subject by reason of any act. action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees artily time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his eontnctors or any of its or their offices. agents Or employees as aforcvnnid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all toss, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their officers, agents or employees in such suits or other proceedings. and in case judgment or mhcr lien be placed upon or obtained against the property of the Purchascr, or said panics in or as a result ofsuch suits or other proceedings, she 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, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Oemipalionnl Safety and Health Act of 1970 and ill roles and regulations issued pursuant (hereto. Revised 03/2010