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HomeMy WebLinkAbout110104 FRONT RANGE FIRE APPARATUS - PURCHASE ORDER - 9141514PO PURCHASE ORDER 914151 Number Page C117/ of PURCHASE 41514 ' of z ' `tCollins( Thisnumbermustappear V " 1 1 on all invoices, packing sli s and labels. Date: 03/11 /2014 Vendor: 110104 FRONT RANGE FIRE APPARATUS 7600 MILLER CT FREDERICK WEST BUSINESS PARK FREDERICK CO 80504 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/11/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Collapse Truck installation 1 LOT LS 11,954.88 Invoice 47511 dated 2/26/2014 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 Total Invoice Address: 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax ezemptios. By summ the City of For, Collins is exempt from sure and local taxes. Our Exemption Number u 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005 W is registered with the Collector of Failure of the Purchaser to insist upon Surat performance of the terms oast conditions hereof, failure or delay to Internal Revenue, Denver, Colwwa (Ref. Colorado Revised Stmutn 1923, Chapter 39-26, 114 (a). campric any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder ar approval of the design, shall nor paleue the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties 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 receipt or written Purchaser to insist upon strict performance hereof., any urns rights or remedies as 1. any such goods, regardless instmclians from the City of Fort Collins. 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 it. harmonica. GOODS ate subject 10 the City of Fan Collins inspection on wm.L hereof. Final Acceptance. Receipt of the merchandise, services or anNipmenl in response to this order ran result to 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized pYrach on the pan of the City of Fan Collins. However, it is to W understood Nat FINAL Seller and the Purchuer recognize thad M rctual ecommic ppacrim. overcharges resulting from -timst ACCEPTANCE is dependent upon completion ofall applicable requiem inspection procedurts. violations are in fact home by the Pachuer. Therefrom, for good muse and on comidemtion for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments must be EQB., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or trade halloo, laws for such overcharges relating to the panicrdar goods a, services otherwise specified on this order. Ifamaission is given m prepay freight and charge sepamrely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bil I must accomnanv invoice. Additional chames for chat will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution poor to destination and excess freight will be ddudN from Invoice when shipments are made fmm greater distance. Pe units. Seller shall procure at sellers were cast all necessary permits, cerrifimles and factors explained by all applicable laws, regulation, ordim nces and tales argue sure, municipality, mmtory or political subdivision where the work is pnfomred, or required by any other duty mmtimted public walwrity hasingjurisdichion over the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless fmm all narrow all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulatimu, ordivnees, rules and requirements. Amhoria. i.n. All patties to this contract agree that the representatives arc, in fact, bona fide and possess fall and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be temis and conditions stated brown set forth and any supplementary or additional ¢spas and conditions annexed hereto or inc.ryommd herein by reference. Any additional or different tamewd conditions proposed by seller ae objected to and hereby jested. 2. DELWERY. PLEASE ADVISE PURCHASING AGENT immedimely try.. corm., make complete shipment W arrive on your promised delivery date u noted. Time is after esseom. Delivery and performance most be effected within the time slated on the purchase order and the documents muched barrio. No acts of the Purchasers including, without Radiation, acceptance of partial late delivcn,r, shall .peat, as a waiver of this provision. In the event crony delay, the Purchuer shall have, in addition to other legal road equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. (however, the Seller shall at be liable for damages as a ¢salt of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, was ofcivil or military authorities, governmental priorities, fires, stakes, Bond, epidemics, wars or Hats provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of me time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extrnded for the periW egwl to the rime actually lost by rewsm of the delay. 3. WARRANTY. The Seller warrants that all good. aniches, mmermk and work covets by this order will conform with applicable drawings, specification, wimples and/or other descriptions given, will W fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar whore. The Seller agrees to hold the purchaser hammiest from any loss, damage or expanse which the Purchaser may suffer err incur on account of the Sellers breach of wm .rnty. The Seller shall replace, repair or make good, without cost to be purchaser. any defects or faults arising within one (1) year or within such longer period of time u may be prescribed by law or by the tents of any applicable wmramy provided by the Seller after the date of accepWnm of the goads fmished hereunder (acceptance nano be unreasonably delayed), resulting from imperfnt or defrmive work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall or constitute a waiver of any claim order this warranty. Except as otherwise provided in fit purehsse order the Sellers liability heremder, shall extend to all damages proximately caused by tha branch of my of the foregoing waaaties or guoamces, but such liability shall in no cent include loss of prefix or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal rem¢ by written clunge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tens, other than legal terms, including additions to or deletions fmm the quwtitin originally ordered in me specifmtiom ar drawings, by verbal or wnnm change orderif any such change affects the amount due or the time ofpnfarmance hereunder, an equitable mijusnnent shall be made. 6. TERMINATIONS. The Pumluser may to any rime by wane. change ceder, termina , Nis agreement as W any or ell portions of the gads then not shipped, subject to any equitable Mjutmrnt between the comics as many work or matmah Nan in progress provided that the Purchuer shall not W liable for any claims far anticipated profits on the uncamplaN portion of the good mdtor work, for incidental or cowequential damage, and that no such Wjnstmern be made in favor of the Seller with aspect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or be Seller of any affair obligations as W any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for Mjustmem must be warned within thirty (30) days fmm the date the change or renmination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmrants that all goods sold hereader shall have been produced, sold, delivered all furnished in strict compliance with WI applicable laws and regulations to which the goods she subjnt. The Seller short wartme and deliver such documents as may be required to effect or evidence compliance. All laws aW regulations required to W incorporated is agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all casts and damages suffered by the Purchaser as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shot[ assign, number, or convey Ws order, or nay monies due or to become due hereunder wihom the prior written an, of the other parry. 10. TITLE. The Seller wamnU hall, clear aM unmtnator bfl,,o the Purchnser for all equipment heater ids. sod it. famished in perforuuace of this agrtement, f and clmr of any nod all from, Ratricaow reservations, security interest encumbranaes and claims o f others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Wbe Purchaser directs the Seller to award nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller and the Seller hereafer indicates its inability or unwillingness to comply, the Purchaser may muse the work to be performed by the moss expeditious 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 fmm all liability and claims of any whore resulting from the Performance orsuch work. This release shall apply avow in the event of fault of nedigmce of the party released and shall extend W the directors, oficers and employees orsuch party. The Seller's communal obligohnins, including warranty, shall not be dented 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 mluirtd m nse any design, device, muerial orpmcess covered by learn, patent ppademark or copyright. the Seller shall indemnify and save harmless the Purchaser fmm any all all claims for management by reason of the use of such patented design, device, rwtmal or process in connection with the contract, and shall indemnify the Furbisher for any cost expense or damage which it may be abliged to pay by reawn orsuch impingement at any time during the persecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement war the use of said equipment or pan 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 pans, replace the same with substantially equal but noninfnaging equipment, or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make nn assignment for be benefit of creditors, appoint a parciver or pmsme for any of the Sellers property or business, this order may forthwith be canceled by the ,inclusion. without liability. 16. GOVERNING LAW. The der nitios of rants used or the interpretation ofthe agreement and she, rights are][ parties hereunder shall be construed under and govemed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the services of Sellers Repree ntahive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in arse of any accident destruction or injury to the work maker materials before Sellers final corporation and aseeptanee, complete the work or Seller's own expense and to the satisfaction of the Purchaser. When mmerids and equipment are f ished by others fad installation in woman by the Sella, the Seller shall passive, named, store all handle more at the site aW become responsible therefor as though such materials worker equipment were being burnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own approve, 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 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 comprehensive general liability including, but not limited to, contractual and automobile public liability w u -sr,, with brobly injury and deah limits of at least S300.000 far any one person, $SW," for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his if any, to pmvdde for such mmpewation and warfare. Before any of the Sellers or his comments employees shall do any work upon the premises of ethers, the Seiler shall famish the Purchuer with a mtifichm that such compensation all insumrce have been provided. Such caurfiwms shall manly me date whom such commensuration aW induchum have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees mat such compensation and forprome shall he maintained wail after the .be work is completed had accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mapousibility and liability for any and all damage, loss or injury of any kind or more whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hermleaa the Purchaser and any r all of the Purchasers oficers, agents and employees from and again, any and all claims, losses, damages, charges or expeues, whether direct w indirect not whether to persons or PropmY W which the Purchaser may be put or subject by reason of nay act action, neglect, omission or default on the pan of the Seller, any of his commcton, or any of the Sellers or compactors officers, agents or employers. In case any suit or other proceedings shall be brought wirmot the Purchuer, or its affcers,.gems m employees at any time on mcoum or by reason of any act, action, higher, omission an default of the Seller of any of his commetors or my of its or their oficers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof all to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, 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 the Purchaser, or said parties in at as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall coke WI safety prmautiors, famish all insult all prod necessary for the prevention of accidents, comply with WI laws and regulations with regard to safety including, but without limitation, the Occupational Safety all Headth Act of 1970 all all tales all ram aims issued pursuant thereto. Revised O3R010