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HomeMy WebLinkAbout172216 PINNACOL ASSURANCE - PURCHASE ORDER - 9123294City of art Collins Date: 06/08/2012 Vendor: 172216 PINNACOL ASSURANCE PO BOX 561434 DENVER Colorado 80256-1434 PURCHASE ORDER PO Number Page 9123294 1 of z 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: 06/07/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Workers Comp Insurance Per Invoice No. 16237406 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: 121,339.96 21, 339.96 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City or Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-I1-1502. Federal Eaeise Tax Exemption Ccr ifieme of Registry 94-60011597 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 1141.). Goods Rejected. GOODS REJECTED due to failure to meet spceificutions, either when shipped or duo to defects of damage in transit, may be mounted to yen for credit and are not to be replaced except upon receipt of written insmctions fmm the City Of FOd Collins, Inspection. GOODS arc subject to the City of Pun Collins inspection on arrival. 11. NONWAIVER. Failure of the Pumhnscr to in ist ,pan strict performance of the gems and conditions hemof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a breach, the acceptance of or payment for goods hereunder or approval afthe design, sholl not release the Seller of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist area strict performance hcrcofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported nail 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 resparsc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hmacven it is to M umdeamad that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon complclon ofall applicable required inspection pmeMures, violations arc in fact borne by the Purchaser. Theretofore. for good erase and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or heron Rer Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Word St.. Fan Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the p roiculer goods or scnices otherwise specified on this order. If permission is given to picray freight and charge separately, the original freight purchased m 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 marafecturers have distributing points in various parts of the country. shipmcnt is Ifthe Pumbaser directs the Seller to correct nonconfarming or defectica goods by a date to bcagrecd upon by the expected from the nearest distribution point in destination, and excess freight will be deducted front Invoice when Pumhnscr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be pmed erforby the most expeditious means available to it, and the Scllcr shall pay all onus....aciavd with svoh work returns. Seller shall procure at sellers sale cast all necessary permits. ecnifieatcs 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 acquired by any other duly constituted public authority having jurisdiciino over the work Of vend.,. Seller further .,tees t. hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of as asserted or established violation of any such laws, regulations, ordiumces, mles and requirements. Authorization. All panics to this contract agree that the rcprcsemalbes are. in fact, hawa fide and possess full and complete authority, to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits accordance 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 art objected In and hachy related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to .mrivc 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 document, attached hereto. No acts of the Purchasers including, without limitation, acceptance ofp r ial Into deliveries, shall opemtc 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 Ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its faun of negligence, such acts afraid, acts ofcivil or military authorities. governmental prionticc foes. strikes, Boad, epidemics, arms or riots provided that notice of the conditions canning 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 a:arram, that all goods. articles, materials and work covered by this odor rill 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 wink of a similar nature. The Seller agrees to hold the purchaser hamilmx from any lass. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. 'fhc Scllcr shall tcpincc, repair Or ntvkc good without cost to the purchaser, any defects Or faults arising within one (I) year or within such longer period of time as may he prescribed bylaw or by the terns ofany applicable warranty provided by the Seller after 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 or goods by the Purchaser shall not constitute a waiver ofany claim under this mummy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to .II it go, proximately corned by the breach al -any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfits or loss arose. 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 odor. 5. CHANGES IN COMMERCIAL TERNS. The Purchaser may make any changes to the tcmns. other than legal tcmts, including additions to or deletions from the quantities originally adcred in the specifications or drawings, by verbal or written change mdCT. If any such change affcets the amount due or the time of perfammnce hereunder, an equitable adjustment shall he made. 6. TER,MINATIONS. The Purchaser may at any time by written change odor. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment henvecn the panics as to any work err materials then in rragmss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncnmplmca ponion of the grads and/or m ork, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with resrcct to any goods which am the Sellers stnndad stock. No such tcrminmion 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 fmm the date the change or tominntion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents a, may he required to effect or evidence compliance. All laws 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 fmm all costs and damages suffered by the Purchaser ns a result of the Seller,; failure to comply with such law. 9. ASSIGNMENT. Ncithv party shall assign, transfer. or convey this odor, or any monies due or to become due hereunder without the prior written consent of dire other party. 10. TITLE. The Scllcr ammnt, full, clear and unrestricted title to the Purchaser for all equipment. mmcrinls. and items forest in perfamance Of this agreentem, free and clear of any and all lions, restrietioos, reservations, security interest encumbrances and claims ofothcrs, The Seller shall release the Puthaser and its contractors of any tier From all liability and claims of any nature resulting room the performance of such work. This release shall apply even in the event of fault of nceli,enee of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including warmnly, shall not be deemed to be reduced, in any Wavy, because such work is pufom ed or caused to be performed b7 the Purchaser. 14. PATENTS. Whenever the Seller is required 10 use any design, device. material or pmccss covered by letter, patent. trademark or copyright. the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material at pmccss in connection with the contract. and shall indemnify the Pnrchascr for any cot. expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsceation or ancr the completion of the work. In ease said equipment. or any part thereof or the intended use of fire goads, 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 parts, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes nominfringjng. I.S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a rceciycr or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation afthe agreement and the rights of all panics hermmder shall be construed under and governed by the Imes afthe State ofColmni USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the promises mfntlmrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellcis own risk until the more is filly completed end accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Sollerk final completion and acceptance, complete the work at Scllcrs own cxpcnsc and to the satisfaction of the Pumhnscr. When ntmedals and equipment arc fim ishM by others far installation or comfort by the Seller. the Scllcr.hall receive unload. store and handle same at the site and become responsible theocrat as though such materials and/or equipment were being urnished by the S.IIer underthe order. 19. INSURANCE. The Seller shall, at his own cxpcnsc Provide fro the payment of workers compensation. including occupational disease benefits, to it, ennplayecs ennplayed 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 compmhcnsivc general liability including, but not limited to, contacted and automobile public liability insurance with bodily injury and death limit of at (cast 5300.000 for any one person. S500.000 lo, any one accident and prorcrly 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 of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ecnificam that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such conupcnv Lion and insurance expires. The Seller 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, toss or injury ofanv kind or nature whatsoever to persons or property caused by or resulting fmm the execution afthe work provided for in this purchase oderor in connection herem ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officer., agents and employees fmm and against any and all claims, losses. damages. charges or expenses whether direct or indirect, and whether to persons on 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 Seller. any of his contactors, or any of the Sellers or contractors oRrcm. agents or employees. In case any suit or other pmccci ings shall be brought against the Purchaser, or its omcam. agents or employees many 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 thercaf nod to defend the same it the Scllcrs own expense, to pay any and all costs, charges, armancys fees and other expenses any and all iudgnncnts that may be incurred by or obtained against the Purchaser or any of its or their affects. agents or cmplovccs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, of said panics in or as a result ofsaeh suits on other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond oruthenyise. The Seller and his contractors shall take all safety precautions, furnish and install all guards ncecsmm for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without Ijmiation. the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant fireman. Revised 03/2010