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HomeMy WebLinkAbout434633 ADVANCED FIRE & HYDRO SERVICES - PURCHASE ORDER - 9120110PURCHASE ORDER PO Number Page City Ofs n9120110 1 of 2 `t ColliThis number must appear] 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 434633 ADVANCED FIRE & HYDRO SERVICES 1554 RIVERSIDE AVE FORT COLLINS Colorado 80524 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to cover the cost of miscellaneous labor/materials for fiscal year 2012. All services shall be ordered by City Facilities department only. All services must be accompanied by an invoice or job ticket with contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 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 1. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is m,istercd with the Collector of Internal Re, cr , Drove , Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mcd specifications, either when shipped or due to defects of damage in transit, may be renamed to ,you for credit and arc 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 on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of s breach. the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the wummics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herenf or any of its rights or remedies as to any such goods, regardless of when .chipped, received or accepted, ns to any prior or subsequent default hereunder, nor shall any purported anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hereof, Final Acceptance. Receipt of the merchandise. aciees 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 actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proedlnres, 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 hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Word St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or savices 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 must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturer have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution paint to destination, and excess (eight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts nsartcimed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, carificatcs and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, tertiary 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 lumber agrees to hold the City of Fort Collins harmless lam and against all liability and loss incurred by them by reason often awned or established violation of any such laws, regulations, onlimineca, rules and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and poses full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and aqv supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tears 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 nrriwe on your promised delivery date as noted. Time is ofthe csenee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Parchascrs including, without limitation, acceptance of partial late deliveries, .shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella 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 neg]igcncc. such acts of God, acts ofeivil or military authornics, governmental priorities, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time what the Seller first received knowledge thereof. In the exact of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles. materials and work covered by this order will conform with applicable driving. specifications, samples and/or other descriptions given, will be fit 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 lass, damage or expense which the Purchaser may suffer or incur on account ofthc Scllcr breach ofwamnty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (H year or within such longer period of time as may be pmscobcd by law or by the terms of any applicable wamnty provided by the Seller aficr 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 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 wammics 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 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 wrinat change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all ponions 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 furor of the Seller with respect to any goods which arc the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hdcandd. 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 produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods an subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lams and regulations required to be incorporated in agreements of this character arc 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 ofthc Sellers failure to comply with such lase. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order. or any monies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Seller warm, nts 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 lien.,, restrictions, reservations, security interesl encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature moulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pullomed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, mdenotrk of copyright the Seller shall indemnify and mvc 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 cast, expense or damage which it may be obliged in pay by reason ofsuch infringement at any time during the prosecution or aficr the completion of the work. In case mid equipment or any pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of amid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pnrchattr the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment. Or modify use it becomes anninfringing. I S. INSOLVENCY. If the Seller shall become insdvcm or bankmpt make an 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 oftcros used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scry ices of Sellcn Representative(s), can the premises efothen. 17, SELLERS RESPONSIBILITY. The Seller shall enrry can mid work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any incident, destruction or injury to the work and/or materials before Scllces final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, on]oad. ,time and handle same at the site and beaten, responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Sella shall, at his own expense, provide for the payment of oorkcn compensation, including occupational dimnse bcncas, 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 Salter shall also carry comprehensive general liability including, but not limited to, contractual and automobile public I abiliy insumncc .with hodily injury and death limits of at least S360,000 for any one person. S500p00 for any one accident and promny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthc Sellers or his contractors employees shall do any work upon the premises efoacrs. the Seller shall fumish the Purchaser with a certificate that such compemmtion and insurance have been provided. Such eenificates shall specify the date when such compensation anti insurance have been provided. Such catilicates shall specify the date when such compensation and insurance expires. The Seller agrees thinsuch 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 sec entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase enter or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers elfcas, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or Indirect, and whether to persons or prepeny 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 any of the Sellers or contractors officers, agents or employees. In case any suit or other pmcccdings slot]] be brought againsl the Purchaser, or its of icas, agents or employees at any time on account or by reason of any net, action, neglect, omission or default of the Seller afore 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 it the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser infinity of its or their omcas. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or ohtnined against the Property of the Purchaser, or mid 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 safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without ]imitation, the Occupational Safety and Ifcnith Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010