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HomeMy WebLinkAbout468607 POUDRE FIRE AUTHORITY - PURCHASE ORDER - 9120121City of /0,.F,.�or_t Collins Date: 01/0612012 Vendor: 468607 PURCHASE ORDER POUDRE FIRE AUTHORITY ATTN: FIRE PREVENTION BUREAU 102 REMINGTON ST FORT COLLINS Colorado 80524 PO Number Page 9120121 t of 2 This number must appear on all invoices, packing slips and labels. 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 1 Blanket order to cover the cost of miscellaneous labor/materials for sprinkler inspections for fiscal year 2012. An invoice shall be submitted for payment including date of service and building inspected. 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 11, 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: 5,000.00 $5,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 9R-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either wxhnt shipped or due to defects of damage in transit, may be maimed to you for credit and arc not to be replaced except upon receipt of written instruction from the City effort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tarns and conditions hcrcof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notifv the Seller in the event of a breach, the acceptance ofor payment for 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 hcrcof orany of its rights or remedies as to anv mch goods, regardless 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 hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respone 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 from antitrust ACCEPTANCE is dependent upon completion oral] applicable required inspection proccdurcs. 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 nmv hive or hercaner Freight Tarns. Shipments must be F.O.B., City of Fort Collins. 700 Wood St. Fort Collins, CO 80522. 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 purstaint to this purchase order. bill rant accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manuf.actu ers have distributing points in various pans of the country, shipment is expected from the neatest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at mllax sole cost all no esmry permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, lerritory 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 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, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona file and possess fill and complete authority in bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any mpplcmentary or additional terms and conditions annexed hacto 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 ifyou cannot make complete shipment to arrive on your premised delivery date is noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitmim. acceptance of partial laic 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 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 central and without its fault of negligence. such acts of Gad, act, of civil a military authorities, governmental priorities, rims, strikes, food, epidemics. wars or riots pmvidcd 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 delivery 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, anicics, materials and work covered by this order will conform with applicable dnnving,, specifications, samples and/or other descriptions given, will he N 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 Sella 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 waranry. The Seller shall replace, repair or make good, without cot to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance critic good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done a materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as o fl crwim provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caa,ed by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss ofprofits 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 terms, including additions to or deletions lion the quantities originally ordered in the spccificatime, or drawings, by verbal or written change order. If any such change affects the menunt due or the time ofperformance 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 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 she Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads 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 are the Scllcrs standard stock. No such termination shall relieve the Purchaser a the Seller crony of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or harrinatino is ordered. 8. COMPLIANCE WITH LAW. The Seller warams that all good, mid hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good 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 incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser h maIcs, from all costs and damages suffered by the Purchaser as a result of the Sellers; failure to comply with such law. 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 parry. W. TITLE. The Scllcr wmmms 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 mhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ❑the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereof c, indicates its inability or unwillingium, to comply, the Purchaser may cause the work to be performed by the most expeditions 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 from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsrch 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 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, 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 mch 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 of such infringement at any time during the prosecution or after the completion of the work. In cam mid equipment. or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller Ilia]]. at its own expense and at its option, tither procure for the Purchaser the right to continue using said equipment or parts, replace the mate with substantially equal but nnninfringing equipment, or modify it so it becomes main(ringing. I5. INSOLVENCY. If the Seller ,hall become insolvent or banknmt, make an assignment for the benefit of creditors, appoint a rece fiver or trustee for anv of the Sellers property or busi ncs,, this order may fanhw ith be canceled by the Pumhamr withom liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation of the agreement and the right, ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colondo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Reprcmm ance(s), on the premises archers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and ,hall. in cam of any accident destruction or injury to the work and/or materials before Seller, final completion and acceptance, complete the work at Seller, 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 ,ame at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE The Seller shall. at his own expense provide for the payment ofworkas 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 Imes of the state in which the work is to he done. The Seller ,hall also tarty comprehensive general liability including, but not limited to, contracual and automobile public liability insurance, with bodily injury and death limits of at least S300.000 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 contractors, if any, to provide for such compensation and insurance. Before any of the Seller, or his commuters employees shall do any work upon the premises nfuthers. 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 data .when such compensation and insurance expire,. The Scllcr ngrecs that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO "I'ECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or injury of anv kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold harmless; the Purchaser and anv or all of the Purchasers officers, agent, and emplovecs from and against any and all claims, losses, damages, charge, or expenses whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by mason of cony net. action, neglect omission or default on the pan of the Seller, any of his contractors. or tiny 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 at any time on account or by reason of any act action, neglect, omission or default of the Scllcr of ony of his contactors or any of its or their olTecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Seller., own expense, to pav any and all costs, charges, attomcyc fee, and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their omccm, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of ilia Purchaser, or said panics in or as a result ofsoch suits or other proceedings, the Seller will i t once cause the %,,me to be dissolved and discharged by giving bond orotherwisc. The Seller and his contractors shnll take all safety precautions, famish and install all guards necessary for the prevention of ,accidents, comply with all law, and regulations with regard to mfety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010