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HomeMy WebLinkAbout470036 TG TECHNICAL SERVICES - PURCHASE ORDER - 9141341Fort Collins Date: 03/04/2014 Vendor: 470036 TG TECHNICAL SERVICES PO BOX 775 LEES SUMMIT MO 64063 PURCHASE ORDER PO Number Page 9141341 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/03/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 HazMat Invoice 7546 3/3/2014 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 7,979.78 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I I. NONWAI V ER. 98,1451 Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collator of Failure of the pumlaasa to insist upon snip performmme, of the terns and conditions hereof. failure or delay to Internal Revenue Denver, Colorado (Ref. Colorado Revised Sumter 1923, Chirpier 39 26,114 (a), exercise any rights or mnedics provided herein or by law, failure 10 pmmp0y notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall rot release the Seller of Good Rejected. GOODS REJECTED due to failure to meet sped fiwtlons, either when shipped or due to defers of any of the wamnties or obligations of this Purchase order end shall nod be domed is waiver of any night of the Manage in tmnsil, may be mtumr4 to you far credit and we not to be replaced except upon receipt of wrinen Purchaser to insist .,on strict Performance hereofm any of it,'iglus or amedies m marry such goods, regardless instructions from the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rcneission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of tart Collins inspection on arrival. hereof. Final Acceptance Receipt of the membeashm, services or equipment in response to this order can result in 12. ASSIGNMENT Or AN 1'11'RUST CLAIMS. authorized payment on the part of the City Of Bon Collins. Haimm, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust nfor rpad Ten ACCEPANCE is dependent upon co a,le im of all applicable r yuired irtsparmar praoedures. violations are in not home by the Purchaser. Theretofore, cause and as consideration for executing this purchase order, the Seller hereby asslgm to the Purchaser any and all claims it may now have or hema or Freight Terms. Shipments must be F.O.B., City of Fan Palmer 7W Wood Sc, Fan Collins, CO 80522, unless acquired under federal or sure canonical Fiat, for such overcharges relating to the Particular goods or services othawixe specified on this other. if peonission is given to prepay freight and charge separately, the original freight purchased at acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Addltimal charge for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have Maintaining points in various pans of the country, shipment is Ifthe purchaser Mouth the Seller to correct nonconforming or defective goad by a date to be agreed upon by the aNcned from the nearest distribution point 1. dislocation. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereaner indicates its inability car unwillingness in comply, the Purchaser shipmates arc made fmm greener datance. may cause the work to be Performed by the most expeditious meam available to it, and the Seller shall pay all costs associated with such work. Finials. Sella shall pmcme at sellers sole col all necessary penis, eradicate, and licenses required by all applicable laws, regulations, ordinances and ales Of the sate, municipality, tertiary or political subdivision where floc work is Performed, or required by any other duty constituted public authority haviogjuriwinnon over the work Of vendor. Seller further agrees ra hold the City of ]tort Collins harmless from and against all liability and loss reed by lbem by reason of an assmed or enahlished violation of any such laws, regulations, ors, ac res vnd egdaammhs A.Marizalio u All parties a this contract ounce that the representatives are, in fact, bona fide and possess full and complete authomy to bind said panics. LIMITATION OF TERMS. This proclaim Order expressly limits waepture, a Ore terms and conditions sorted herein set forth end any supplementary or additionbl terms and mndifioms eamexed hereto or incorpamfed herein by reference. Any additional or different terms and conditions proposed by seller are objected a and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camel make complete shipmem to arrive oa your promised delivery date m noted. Time is of the essence. Delivery and pnf fir ance most be effected within the time stated on the purchase order and the documents marched hereto. No acts of the Pumhasm, including, without lionimiion, acm,barze of partial lam deliveries, shall made as a waiver, of this provision. In the emend 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 Seller shall not be liable for danxges it, a result of delays due la causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such arts of Gad, aura of civil or military authorities, governmental priorities, fires, strikes, flood, midames, wars or riots provided that notice of the conditions causing such May is given On the Purchaser within five (5) days of the time when the Seller four received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period cgml e, the time coundly not by reason ofthe delay. 3. WARRANFY. The Seller amounts that all good, names, materials and work covered by this order will conform with applicable drawings, spi0catiom, samples andtor other Mannishnrs given, will be fit for the purposes intended, anal performed with the highest degree of care and competenee in xmrdence with accepted standard for work of a similar mount. The Sella agrees to hold the purchaser, harmless from any loss, damage or expense which the Purchaser may suffer or incur on aeepanl of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the pmcham, any defects or faults arising within one (1) year or within such longer period of time as may be prewnbol by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials fhmished by the Seller Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim made this womanly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pax imalcly cased by the breach of any of the Rau,ning warranties or guarantees, bur such liability shall in no event include buss of profs 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 lenns by written change order. 5. CHANGES M COMMERCfkL TERMS. The Purchaser may make any changes fro the muss, the than legal terms, including addiliom 10 or dolmans fmm the quantities originally am," in the specifications or dwtalls, by rental or scrimm change order. If any such change affects the amount due or the time ofpeformame hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change ode,, terminate this agreement as to any or all portions of the goad then nut shipped, subject to any equitable adjustment between the panics at; to any work or mamnals then in progress provided that the Purchaser shall not be liable for any claims far anticipated poodles on rba mina and portion of the goods and/or work, far incidental or consequential damages, and than no such adjustment be made in favor of the Seller with aspt 10 any goods which arc the Sellers standard stock. No such taminmiun shall alieve the Purchaser or the Seller of any ofthcir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be assured within thirty (30) days film the date the change or accountants is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants thal all goods sold heemder shall have been produced, said, delivered and fumishN in strict compliance with all applicable laws and regulations to which the goods on, subject. The Seller shall execute and deliver such documents as may be required to effect m evidence compliance. All laws and regulations required to be ncorminual in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify aad hold the Purchaser harmless from all cots and damages Sufi rod by tee Purchaser as a rend, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he prior wrineo consent of the other pang. 10, TITLE. The Seller warrants full, clear cast unrestricted title to the Purchmer for all equipment, mmenals, aal items famished in pafnrmaoce of Nis agreement, fee and clam of any and all liem, rea mess. reaction., security interest encumbrance end claims afoaers. The Seller shall release the Purchaser end its commaos 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 dhe puny released and shall extend a the directors, affects and employees of such parry. The Seller's contractual obligations, including warranty, shall not be dcamed to be reduced, in any way, because such work is performed or caused 1m he perforated by the Purchaser. I4. PATENTS. Whenever the Seller is emitted 10 use any design, device, comer al or pemxss covered by lone, parent trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser form 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 bddemnify the Purchaser for any cast expense or damage which it may be obliged to Pay by ¢awn of such infringement at any time during the prosecution or aflm the completion of the work. In case said equipment, or any an thereof or the intended use of the goad, is in such .it held m constitute infringement end the use of said equipment at pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right tu continue using said equipment or puns, replace the same with substantially equal but nnninfringing equipment, at modify it sir it becomes noninGmging. 15.WSOLVENCY. If the Seller shall become insolvent or baWapt, 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 Puchaser without liability. I& GOVERNING LAW. The definitions ofmms used or the interpretation afthe agreement and the rights of all panics hereunder shall be maintained under and govcmed by the im, of the State ofColomdo, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder, including the services ofScll. Rep tecomiac(s), on the premises of.da m. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, desuu pion or injury to the work impair materials before Seller's final completion and cceptance complete the work a1 Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, stare and handle same a1 the into and become responsible therefor asm though such merials .Nor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, Provide 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, andor t0 their dependent, in accordance with the laws of Mc state in which the work is to be done. The Sella shall also carry romprcbemive general liability includin& but not limited to, contractual amd automobile public liability imumnce with belly injury and death limits ofin ]coal S300,000 fie any one person, 5500,01) for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contmaors, if any, fro provide for such compemalmn and imumme. Before any of the Sellers or his contmet. employees shall do any work upon the premises of others, the Serer shag famish the Purchaser with a certificate that such compensation and insurance have been provided. Such isotherms shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be mammined until Once the entire work is completed and motored. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whomever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pacheser and any or r all of the Purchasers offers, agents and employees from and against any and all claims, lassme es, daag. c harges or expenses, whnber direct or indirect, and whether to persons or property in which the Purchase may be put or subject by reason of any net, r tion, neglect, omission or default on the Fan of the Sella, any of his contractors, or eery of the Sellers or contractors offices, agents or employees. In ease any suit or other Proceedings shall be brought against the Punctuator, or its offers. agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Sella of eery of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby ague m assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all costs, charges, ammeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or ire a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischargal by giving bond or otherwise. The Seller and his contractors shall take all mfny precautions, famish and install all gumd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulatiom issued pursuant there. Revised 03CO10