HomeMy WebLinkAbout226403 CENTENNIAL FIRE & SAFETY EQUIPMENT - PURCHASE ORDER - 9147127Fort Collins
Date: 12/04/2014
PURCHASE ORDER
Vendor: 226403
CENTENNIAL FIRE & SAFETY EQUIPMENT
8547 E ARAPAHOE RD UNIT J-561
GREENWOOD VILLAGE CO 80112
PO Number Page
9147127 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: 12104/2014 Buyer: WILSON, JILL
Note: "PO subject to the terms and conditions of Service Agreement 8025 High Pressure Breathing Air
Compressor`
"Compressor is to be delivered to:
PFA Fire Station No. 1
505 Peterson Street
Fort Collins, Colorado 80524
Please contact Gary Nuckols at (970) 416-2862 or gnuckols@poudre-fire.org to
arrange the exact delivery date. Thanks!"
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Unicus Air Compressor
Quote 2404 dated 10/31/14
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
65,928.00
Total
Pay terms net 30 days
Invoice Address:
• 11
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
L COMMERCIALDETAILS.
Tax exemptions. By statute the City of Port Collins is exempt fmm state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of
Failure of the Purchaser to insist upon mitt performance of the tame and conditions hereof, fllam or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samara 1973. Chapter 39-26, 114 (a),
exercise any fights or numerics provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereuMtt or approval ofthe design, shall root release the Sella 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, dermed a waiver of my right of the
damage in transit may be eemmed 1a you far credit and are not in be replaced except upon receipt of written
purchaser m mail upon smct performance hereofor any of its nghts or remedies as to my such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received err accepted, a a my prior or subsequent default hereuvdm, nor shall my p"most
oral modification or resciuim of this purchase other by the Purchaaer operate as a waiver of any of the hems
Inspection. GOODS arc subject o the City of Fort Collins migration on srival,
hereof.
Final Aaeptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
nufodmd payment on the pan of the City of Fort Collins. However, it is 10 be understood that FINAL
Sauer and the Purchaser recogn¢e that in actual accurate practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon romplei m of all applicable required impact. procedures.
violations are in fact home by me Purchaser. Theretofore, for good cause and as consideration for excepting this
purchase order, the Seller hereby assigns to the purchase my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or some antitrust laws for such overcharges mitring to the particular goods at services
otherwise specified an this code. Ifpermicsion u given m prepay freight and charge separately, the Original freight
purchased Or acquired by the Penobscot pursuant to this purchase order.
bill must accompany invoice. Additional chances for packing will not b, aapld.
Shipment Distance. Where manufacturers hove disMbuting points in varicas pans of the country, shipment is
expected from the nearest distribution point to destination, and cecess freight will be deducted form Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole toll all necessary prmits, casufiata ad licenser Reported by all
applicable laws, regulations, ofi iwnecs and rules of fie stale, municipally, territory or political subdoosnn where
the work is performed, or tegoirtd by my other duly confirmed public i uthonry havin,junadiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins hmmlen from cob against all liability and lass
red by them by reason of of an asserted regulations, ed or established violation of my such laws, ordinances, roles
sadcorequirements.
Authovation. All parties to mis contract agree that the representatives are, in fact, bona fide and peasseas full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Oder expressly Omit rumptmn;e to Ile, terms and conditions stated
herein set form and any supp armanary or additional terns atd conditions mmexed back) err incorporated herein by
reference. Any additional or ditferena terms and conditions pmposcd by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is of the wiener. Delivery and performance ..it be effected within the time
stated on the purchase order and the documents atmchal hereto. No acts of the Purchasers including, without
limitation, acceptance of palm[ late dellvaiee, shall operate as a waiver of His prevision. In the event ofany delay,
He Purchaser and; have, in addition to other legal and equitable remedies, the option artificial, this order elsewhere
and holding me Seller liable far damages. However, fie Seller shall not be liable for damages as a it of delays
due k) caches not reasonably foresreable which am beyond is construable control and without its fault ofncgdigerec,
such act ofGd, at of civil or military authorities, governmental priontics fires, strikes, flood, epidemics, wars or
noes provided that notice of the conditions causing such delay is given to me purchaser within five (5) days of the
time when the Seller rim received knowledge thereof In me event of any such delay, the dale of delivery shall be
extended for the period equal to He time actually last by reason of the delay.
3. WARRANTY.
The Sella warrens drat all goods, concha. materials anal work covered by this order will conf with applicable
drawings, spaifiations, samples andor other descriptions given, will be fit for the puposia intended, aM
performed with He highest degree of cane and competence in accordance with accepted stamdarts for weak of a
similar nature. The Seller agrees to hold me Ourehzser harmless firm any lass, damage or expense which the
Purchase may suffer or incur on account of the Sellers breach of wmmnly. The Seller shall replace, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by she moots of my applicable warranty provided by the Seller after the date of
acceptance of the goods fumided hereunder (acceptance not to be, unmasombly delayed, resulting from imperial
or detective work done or materials fmished by He Seller. Acceptance or use of goods by she Purchaser shall rent
omdmm a waive fany claim under His wa 1, Except as otherwise p xvided w this purchase oMer, the Sell.
liability hereunder shall extend to all damages proximately caused by Hat breach of my of the foregoing warranties
or guarantees, but such liability shall in no event mature loss of profits or loss of usc. 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 writer change order
S. CHANGES IN COMMERCIAL TERMS.
The Pe rchue may make any changes to the same, other than legal toms, including additions to or deletions from
the continues originally ordered in me specifications Or drawings, by verbal or women flange order if my such
change affects the amount due or the If., rperf rmance hereunder, an equitable adjustment shall he made.
6. TERMMATIONS.
The Purchaser may at any time by written change order, mercuric this agreement w to any or all portions of the
goods men not shipped, subject to any amiable adjustment between she pmr. as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims far anticipated profits on fe ancompleted
porion of she gao,L and/or work, for incidental or an"ticmid damages, and that no such adjustment be made in
favor of me Sella wit respect to any goor6 which art fie Sellers i to dmd stock. No such mrmininum shall mimve
He Purchaser or the Sella of my offev obligations in to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or remonstrant is
olered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and negotiations in which me goods am subject The Sella shall execute and
deliver such documents u may be required to effect orevideaa compliance. All laws and regulations requited to be
noncriminal in agreements of this character arc hereby incorporated herein by this reference. The Sella agrees to
indemnify and held the Purchaser hornless from all costs and damages suRtral by me Purchase, ex a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to biome due hereunder without she
prior women consent of the othepaty.
Ill. TITLE.
The Sella warrants full, clear and mueslnctd tifle to the Purchaser for all equipment, matenaH, and items fumuhed
in performance of this agreement, free and dear of my and all liens, restrictions, raerveit... security inumal
cncumbmnces and claims of tmers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella to comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella therea0er indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
cnss awficfted with such work.
The Seller shall release the purchase ard its cuntfactors of any net from at liability ard claims of my uanue
ranking fmm the perform. of such work.
This release shall apply even in the event of fault of negligence of the parry releasd and shall extend in He
directors, officers and employees of such party.
The Sellers contractual obligations, including ..V, shall not be deemed to be reduced, in any way, because
such wok is performed or aimed to be, proportion] by the Purchaser.
14. PATENS.
Whenever the Seller is minimal in tax my design, device, mmenal or process covered by later, patter, trademark
r copyright, the Seller shall indemnify and save hamdess me Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the commit 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 alter me completion of the work. In case said equipment, or
any pan thereof or the intended me of fe, goons, is in such suit held to constitute infringement and the ace of
said equipment or part is enjoined, the Seller shall, at its own expense and in its option, either praure for the
Purchaser the right to continue using said equipment or pares, replace He same with subspecialty equal but
noninfn'nging equipment, or modify it an it becomes nonivfnnging.
15. INSOLVENCY.
If the Seller shall become banning or badrmpt, make an assignment for the benefit of creditors, appoim a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchase wiffout liability.
16. GOVERNMG LAW.
The definitions oftemu pad or the interpretation of the agreement and the fights craft podia horeunde, shall be
anstrued ruder end governed by the laws of the Smte of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to pert work hereanda,
including she servicesof Sellers Represenmtive(s), on the premisesof others.
IJ. 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 rue of my accident, destruction or injury an me wool, labor mnreriats before Sella's final completion and
acceptmce, complete the work a Sellers own expense aM a the atisfacdon of the paramount. When matenafs
and equipment are famished by Others for mandialian err acc mar by the Seller, the Sella shall receive, urdoad.
store and handle same a1 the silo and become respansble therefor Or though such nalaials mi equipment
were being fiunishd "a Seller wrier the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to its employees employed on or in connection with the work covered by this purchase Order,
and/or to their dependants in accordance with the laws of the stale in which He work is to be done. The Seiler
shall also carry comprehensive general liability including, but not limited to, contmdual and automobile public
liability insurvace with fairly injury and di n n limits of at least 530LOpu for any one persona $50o,ntl0 for any
one accident and pm,my damage limit per accident of S400,000. The Seller shall likewise require his
contractors, lacy, to provide for such compensation and insurance. Before any crow Sellers or his conractors
employees shall do my work upon the premises of others, the Sella shall Ramada the Purehuer with s ualifcate
that such compensation and insurance have been provided. Such certificates shall specify the date what such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller ogees that such compensation and insurance shall be maintained until after He
come walk is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more responsibility and liability for any tad all damage, loss or injury army kind
or uamre whatoever to persons or property caused by or resulting from the execution ofee work provided for in
this purchase order or in conneclim berew fli. The Seller will indemnify and hold haooless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, what... direct or indirect and whether to persons or property to which the Purelmor may
be put or subject by reason of my act, action, neglect, omission or default on the part of me Seller, any, of his
ontmnos, or my of He Sellers or cmmmenors officers, agent or employees. In case my suit or at
pmceNings shall be brought.gains, the Pgchase, o its officers, agents or employees a1 any fins, an mco ton t or
by reason of any act, setion, neglect, omission or default of the Seller of my of his connaclms or any of it or
Heir officers, agents or employees u afomssid, He Sella hereby agrees m assume the defense Hereof and k)
defend fe same or me Sellers owns expense, to pay any and all costs, con ps, amomrys fees and oMer expenses,
any and all judgmens dual may be, incurred by or obtained against the Purcbaer, or my of its or their officers,
agent or employees in such suits or or proceedings, and in case judgment or after lien be placed upon or
obtained against the property of He Purchaser, or said pecies in or u a result of such suits or other proceedings,
the Seller will at once cause He same to be dissolved and discharged by giving bond or otherwise. The Seller and
his comments shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply wit all laws and regulations with regal to safety Retai g, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumt thertk).
Revised 07b2014