Loading...
HomeMy WebLinkAbout434633 ADVANCED FIRE & HYDRO SERVICES - PURCHASE ORDER - 9122225City of Fort Collins Date: 04/18/2012 PURCHASE ORDER Vendor: 434633 ADVANCED FIRE & HYDRO SERVICES 1554 RIVERSIDE AVE FORT COLLINS Colorado 80524 PO Number Page 9122225 'of z 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: 04/18/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I 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 completed services must be accompanied by an invoice or job ticket including 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. U 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 5,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcmis 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. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 846000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conilitintis hereof. failtuc or delay In Internal Revenues Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by last, failure to promptly notify the Seller in the event Of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Gordy Rejected. GOODS REJECTED due to failure to meet specification. either when shipped or due to defects of any of the warmntic, or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon mecipf of written purchaser to insist alum, strict performance hererforany ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or acecPred, as to any panor or subsequent default hcrcundcr, nor shall any prigtonal and mndification Or rescission of this purchase oiler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc 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 I'_. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fen Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting (ram antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violaticals are in her borne by file Purchaser. Thcrctofnr4 for good cause and as consideration for executing this purchase oiler. the Seller hereby assigns to the Purchaser any and all claims it may nosy Imve or herealicr Freight Tcraw. Shipments must be F.O.B.. City of Fen Collins 700 Wood St., Fell Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othern'ise specified on this order If prnnission is given to prepay freight and charge separately, the original freight purchased cr acquiral by the Purchaser porsnant to this purchase order. bill must accompany invoice. Additional charges for packing will nor be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the collars. shipment is It file Purchaser dimcls the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Sclleq and the Seller thereafter indicates its inability or umvillinguess to comply. the Purchawr shipments arc made fmm greater distance. 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 is Permit, Scllcr shall procure at sellers sale car 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 work is performed, or required by r iv other duly constituted public authority having jurisdiction Over the work of vendor Seller further agrees to hold the City of Fad Collins hamdess from and against all liability and lass incurred by them by reason of an asserted or established violation of any .such laws. regulations, ordinances, pules and requirements. Amhorimthm. All parties to this contract agree that the rcpresentelivcs are, in fact. bona Fide and posses rill and complete ambonty to bind said panics. LIMITATION OF TERMS. This Purchase Order espres0v limits acceptance to the terms and conditions stated hcrcin rat forth and anv supplementary or additional terms and conditions annexed hereto or incornarawd herein by reference. Any additional or different tans and conditions prat by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedietcly if you cannot make complete shipment to arrive On your Promised delivery date as noted. Time is ofthc essence Delivery and perfnmanee 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 ofpnrtial late deliveries shall rpcmte as a waiver of this provision. In the event Of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order ckcwhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ,, a msoh of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligence, such acts of Gad, acts of civil or military authorities, governmental pnonfics, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmchasr within five (5) days of the time when the Seller first received knowledge thereof In the event Of any sneh delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. i. WARRANTY. The Seller warrant, that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, wi11 he fit for the pnrpows 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 hamlcu from any loss, damage or expense which the Purchaser may suffer Or incur on account addle Scllers breach of wamnry. The Seller shall replace repair or make good. without cost 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 ofnny applicable warmnry provided by the Seller after the dare of acceptance of the goods furnished hereunder (acceptance not to be mocasonnhly delayed), rcslrlling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiv cr ofany claim ands this wamnry, Eecept as nthcmise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximmcly caused by the breach of any of the foregoing w'amnries Or guarantees, but such liabj l ity shall in no event include Ins of profits or loss of use. NO INi P 1.1 ED WARRANTY OR NI ERCHANTA 61 LITY OR OF FITNESS FOR PURPOSE SI I A L L APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to kcal 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 in or deletions floor de qunntides originally Ordered in the specifications or draw ings, by verbal or written change order. Iran v loch change affects the ammmf due or the time ofiacrfomtance hemander, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement a, to anv or all por ions Of the ,ands 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 unerntpleted 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 many goods which arc the S<Ilem standard stock. No such termination shall relieve the Purchaser or the Seller orally of their obligal inns as many goods delivered hereunder. 7. CLAINIS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change Or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr wamnt, that all goods sOld hereunder shall have been Induced, sold, delivered anti burnished in strict compliance with all applicable law, and regulations to which the goods are subject. The Seller shall execute and deliver such documents its 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 harmless fmm all cost, and damages suffered by the Porehoser as a result of the Scllers failure to comply with ,rich law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Ibis order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr woman, full, clear and unrestricted title to the Purchaser for all equipment. materials, and items finished in performance of this agreement, free and clear of any and all liens, restrictions. reservation, security interest encumbrances and claims ofethcrs. The Seller shall rdcvsc the Pnrcha,cr and its annhnctors of any tier from all linhility and claim, of any mature resulting from the performance rfsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direclum Officers and employees ol'sneh Troy. The Seller's eontracrnd obligmioov. including wmmorty, shall not be deemed to be reduced, in tiny way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to um any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indennify and save harmless the purchaser from any and all claims for infringement by reason of the use Of such provided design, der ice, material or process in connection with the contruct, and shall indemnify the Purchaser for any cost, exlucne or damage which it may be obliged to pay by reason ofsueh impingement at any time during the Prosecution or alto the completion of file work. In ease 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 ennpmcnt or pan is enjoined, ohc Scllcr shall, at its O vn cxpcnsc and at its option. either procure for the Purchaser ohe right to (radical using said equipnwnl or parts, replace the same witb substantially equal hill anninfringing equipment. Or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or hankmPL make an assignment for the benefit of eralimrs. appoint a receiver or no,ace for anv of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions M'term, used ar the interpretation Ofthe agreement ,rid the rights ofall panics hereunder shall be construed tinder and governed by the Incas of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the swigs., of Sellers Reprc,entative(s), on the pleuritic., rfuthem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Seller's own risk until the same is fully completed and accepted, and shill. in case of rnv accident. destruction or injury to the work and/or materials before Set let's final completion and acceptance, complete the work at Scllers own expense and to the satisfaction Ofthe Purchamr. When materials and equip ocat arc find,hed by Others for installation or cr¢dion by the Seller, the Seller shall receive, tmload, ,lure and handle same at the .site and become responsible therefor as though such materials and/or egrijpmcml were being furnished by the Scllcr under the oiler. IS. INSURANCE:, The Seller shall. at his own cxpcnsc, pm%ide for the payment of worker, compensation, including oceuredianal disease benefit,, to its employees employed on or in connection with the work covered by this purchase ruder. and/or In their dependents in accordance with the lots of the slate in which the work is to be done. The Scllcr shall also carry camprchcnsivc general liability including, but not limited to. contractual and automobile puhlie Ild oliry MlUlrrce with bodily iniury and death limits of at (cast S3MON) for any one person, S500.000 for tiny one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. Blurry. input for such compensation and insurance. Before any of The Sellers or his contractors employees shall do any work upon file promises of others, the Sellershall furnish tore Purchaser will, a ccoirrcnm that such compco,atum and insurance hove been provided. Such certificates shall specify the date when such comTensvtiou and insurance hvvc been provided. Such eenifievles shall specify th t date what such compeosatimn and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until aner the entire work is completed and accepted. 10. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature whatsoever to person or property caused by or resulting front the execution of the work pro -4 cd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages. charges or expenses whether direcl or indirccl, and whether to persons or lumpcny to which the Purchaser mry he put or subject by reason of tiny act, action, neglect, omission or default on the pan of the Seller. any Of Iris contractor,, or any of the Sellers or contractors rmcers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its offices. agents or employees at any time on account or by reason of tiny act action, neglect. omission or default of the Seller of any of his contractors or any of it, or their oRcers, 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 costs, charges attorneys fees and other cxlwases. any and all judginents that may he insured by or obtained against the Purchaser Or any of its er their officers, ,agent, or employees in such suits or other proceedings. and in case judgment or other licit he placed upon or obtained against the Fort of the Pamhascr, Or said parties in or a, a result of such suits or other proceedings. the Seller will at race cause the me to be dissoked and dimhargcd by giving bond or otherwise. The Seller and his contractors shall take all s,fety precautions, furnish and install all guards necessary far the prevention of accidents, comply with all lows nod regulations with regard In safety including, bill without limitation, the Occupational Safety and Health Act of 1970 unit all odes and regulations issued pursuant Ihercto. Revisal 0312010