HomeMy WebLinkAbout466971 WESTERN STATES FIRE PROTECTION CO - PURCHASE ORDER - 9150254Fort Collins
Date: 01/13/2015
PURCHASE ORDER
Vendor: 466971
WESTERN STATES FIRE PROTECTION CO
5000 API ROAD
BLACK HAWK SD 57718
PO Number Page
9150254 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 5,000.00
Misc- Sprinkler System Service
cover the cost of miscellaneous labor/materials for
sprinkler system repairs for fiscal year 2015. All
service shall be made upon request of 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.
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 $5,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tee exemptions. By show the City of Fon Collins 4 exempt from stare and local axes. Our Exemption Numlter is
11. NONWAIVER.
9"502. Federal Excise Tax Exemption Cenifeme of Registry 84-600,5587 is principal with the Collector of
Failure of the purcbaer b insist upon strict performance of the man W conditions hereof, failure or delay to
licand Revenue, Denver, Colorado (Ref. Colmnda Revised Saturn 1993, Chapter 39-26, 114 (a).
exercise my rights or damages provided herein or by law, failure to promptly pmtify the Seller in line event of a
breach, the aeceyeance for payment far sood hereunder or approval oDha design, ahall non release the Seller of
Good Rejected. GOODS REJECTED due to failum to meet specifcatiom, either what shipped or doe to defects of
any of the wander in or obligations of this purchase order and shall not be domed a waiver of my right of the
res damage in transit, may be umused you for credit and ere not to be uplwed except upon receipt of wren
purchaser to waist No strict perfurmano hereof or my of its rights or remedies as to any such goods, regardless
instructions from the City effort Collins.
of when shipped, received or accepted, as no my pram or subsequent default hereunder, nor shall any Factional
MI madificati m ar rescission of this purchase order by the Purchase operate Or a waiver of any of the eras
Inspection. GOODS are subject to the City of Fort Collins inspection on wrrval.
hereof.
Final Arminian. Receipt Of the merchandise, services or equipment in mapome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and me Purchaser rcaognim that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection prmedum.
violations are in fact home by the Purchaser. Theretofore, for good came and as coaidemtion for executing this
purchase order, the Seller hereby assigns no the Purohaser my and all claims it may now have or hereafter
Freight Teats. Shipments most be F.O.B., City of Fort Collins, now Wood St, Fan Collins, CO 80522, unless
accrued under federal or state spiritual laws for such overcharges relating to the particular goods or services
atheneum specified on this order. If perdiaxion is given to prepay freight and charge separately, the original freight
purchased or prepared by the Pumhoser pursumr to this purchase arder.
bill most accompany invoice. Additional charges for making will not be mceuted.
Shipment Distance. Where manufmmers have dstroing paints in various parts of the country, shipment is
expected from the prat distribution point to destination, and excess freight will be dedudal fmm Imenice when
shipments are nadef gear domem.
Permits. Seller shall promee in sellers sale cost all necessrry prrits, certificates and Herron required by all
applicable laws, regulations, ordinances and mks ofthe state, municipality, ad., or political subdivision when
the work is performed, or required by any other duly coedimmd public authority having jurisdiction over the work
Of vender. Seller furtha agrees to hold the City of Fon Collins hatrnless from and wmiost all liability and loss
incurred by them by reason of an sssened or established violation of any such laws, regulations, ordinances, mien
and requirement..
Aulhorimtion. All parties m this contracl .,in that the representatives are, in fact born fide and puseav full and
complete authority to bind said posies.
LIMITAIION OF TERMS. This Purchase Order npreasly limits acceptance to the on. and conditions sated
herein se for and my w,,lw nary or additional temp and conditions mull hereto or incorporated heroin by
reference. Any additional or different terns and cond'niom proposed by caller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you owner make complete shipment to arrive on your
promised delivery date as noted Time is of the nseme. Delivery and Performance most be eRected within the time
stated on the purchase arder and the documents mtached hereto. No acts of the Pmchasers including, without
Iirmado n, acceptance affected late deliveries, shall operate as a waiver mind, provision. In the even of my delay,
the Purchaser shall have, in addition to allow legal and equitable parallel, the option ofplame, this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due m causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence,
such rats of God, acts ofcivil or military authorities, Women enrol priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of ale conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Rrst 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 orthe delay.
3. WARRANTY.
The Seller warrants chat all goad, mucln, materials and work covered by this order will confirm with applicable
drawings, epeelfintiaos, samples maker ocher description given, will be fit for the purposo intended, and
performed with the highest degree of are and competence in accordame with accepted samdards for work of a
similar amrt. The Sella agrees f hold the purthaur haemlm from any loss, damage or norm, which the
Purchaser may suffer or incur on accoam cf ehe Sellers bunch of wan inry. The Seller shall replace, reyie or make
good, without cost to the purchaser, any defats or faults arising within one (1) year or within such longer period of
time an may be Mutated by law or by the terns of my e,liable wammry provided by the Sella rubber the dam of
acceptance of the good Forrestal hacienda (meepanu not to be unreasonably delayed), mulling from impeffccr
or defmtive work do, m maeerias fumsbed by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except ss otherwise provided in this puree se, order, the Sellers
liability hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no come include loss of prefix ar 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchases may make any changes to the screw, other than legal senor, including additions to or deletions fmm
the quantities originally ordered in me epeeiimciom or drawings, by verbal or wrimn change arder. If any such
change aDacts the amount due m the time ofpafomsancc heretmded, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchnsa may at any time by wooden change order. mandate this agreement as to my or all portion of the
goods then not shipped, subject to any equitable adjustment bcMecn the parties on to my work or marcdeh then in
progress provided that the Purchase shall not be liable far any claims for anticipated plants on the uncompleted
Panama of the Foods ankor work, for incidental or onseqnement damage, and that no such adjosttnent be made in
favor of the Seller with respect to any good which we the Sellers standard stock. No such termination shall reline
the Purchaser or the Seller ofany of their mligmi.na as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or communion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waram Out all good sold hereunder shall have been produced, sold, delivered and flmishal in strict
ar,lisnee with all applicable laws and regulation to which the good ate subjaL Fie Seller shall execute end
deliver such documents an may be r quiml to 'Plea ar evidence compliance. All laws and regulations required to be
i.mMawd in agrearaws of this character are Imcreby incorporated herein by this referenre. The Seller agmccs to
indemnify and hold the Purchaser harmless Dom all toss and damages sufered by the Purchases as a mull of the
Sellers failure to comply with such Izw.
9. ASSIGNMEW.
Neither parry shot[ assign, duosfers or convey this order, or any monies due or to become due hereunder without line
prior wdnen convent of the order, party.
Ice. TITLE.
The Seiler warrants full, clear new uountrlched title to ale Furchasel for all equipment, materials, and item fumishal
in performance of this agreement, free and clew of any and all liras, predictions. reservations, security interest
encumbrances and claims oforhers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dints the Seller to correct nenennfino ng or defective goad by a date Io be agred upon by the
Purchaser and the Sell., and Ore Seller thermffer indinnn its inability or unwillingness f comply, the Purchaser
may muse rise work to be perf cal by the most expeditious means available to it, and the Seller shall pay all
costs associated with such weak.
The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of my was,
resulting from the pafier muce ofmch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
direc om, oRcers and employees of such party.
The Sellers continued obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be Performed by the Pucinaser.
14. PATENTS.
Whenever the Seller is rerwral to use any design, device, mmeeial or process covered by Inver, patent, trademark
or copyright the Seller shall indemnify and save harmless the Purchase from any aM all claims for infringeeeat
by reason of the now of such patented dsign, device, material or pmess in connection with the conduct and
shall indemnify the Farmhand for my cost, expene or damage which it may M obliged to pay by reswn of such
infringement at any time during the prcoecution in after the completion of the work. In now said equipment, or
any part thereof or the inow d use of the good. is in such suit held to comtiate infringement and the use of
said equipment or Pan is enjoined, the Seller shall, at its am expense and at its option, either procure for the
Purchase the right to continue using said equipment or pans, replace the same with substantially eqml but
noninGnging equipment, or modify it so it becomes neninfdnging.
15. WSOLVENCY.
If the Seller shall become insolvent or bankrupt, 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
Purchase without liability.
16, GOVERNING LAW.
The definitions of law used or the nominemfion of the agreement and the rights of all parties hertunda shall be
conducted under and governed by the laws ofehe Sate ofColomdo, USA.
The following Additional Conditions apply only in cases where in Sella is as perform work hereunder,
including these —vices ofSellcrs Rrymunutivehah on the premises of orders.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry an said walk at Sellers own risk mat tha same is fully completed and acopced, and shall,
in case of my accident, destruction or injury no else work mkm materials before Sellers final completion and
arawace, romplee the walk at Sellers own <xpeae and to the satisfaction of the, Purchases. What materials
and equipment are furnished by others fee immllaeion ar erection by the Seller, the Sella shall receive, unlmd,
store and handle same at the site and become mpoosible therefor is though such materials ankor equipment
were being famished by the Seller under the coda.
I B. INSURANCE.
The Seller 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,
ankor 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
limiliry immmnce with hadily injury and death limits of at least 5300.4gon for any one Flown, 1500,4r d for any
arm accident and property damage limit per accident of S400,000. The Sella shall likewise require his
if any, to provide for such coul—samon and im a Before my of the Sellers in his contractors
employees shall do my work upon the premises of oft ed, the Sella shall publish the Purchaser with a certificate
that such contamination and insurance have been Min" Such ardfievtes shall spindly the date when such
cowasuatim ad imueaue have been provided. Such certificates shall specify the date when such compensaton
and insurance expires. The Seller agrees that such wmpemution and insurance shall be mduresu al unfit after the
attire work is c rmuleteted not mcepced.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire respomibiliry and liability for my and all damage, loss or injury of any kind
or nature whatsoever to persons or propMy caused by or resulting from the execution ofthe work provided 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 from and against any and all claims, lesson, damages,
charges or expenses, whether direct or indirect, and whether to Famous or property to which the Purchaser may
be put or subject by reason of any act, ration, neglect, omission or default on the pan of the Seller, my of his
contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other
posecalinge shall be brought against the Purchmem or its officers, agents or employees at my time on immunt or
by reason of any rat action, uglat omission or default of ale Sella of my of his contractors or any of its or
thew oRcers, aims or employees as aforesaid, the Sella hereby aRous to awume the defame themtf and to
defend the same. the Sell. own expanse, no pay any and all cosy, charges, mromeys fees and other expemes,
my and all judgment, Thal may be incurred by m abeimed against the Purcboser or any of its of chain officers,
agents m employees in such suits or other proceedings, and in case judgment of order lam be placed upon or
allowed against the property of the Purchase, in said parties in or in a mull of such suns me other proceedings,
the Seller will at once came, the now to ber dissolved and diuhargal by giving bond or otherwise. The Sella and
his conbwtors shall eke all safety praautions. furnish and wall all guard mortuary for ale Formation of
mcidens, comply with all laws and regulations with regard no safety including, but without limitation, the
Occupational Safety and Health Act of H70 and all roles and regulations issued posuant thereat.
Revised 07I2014