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HomeMy WebLinkAbout454045 A-Z SAFETY SUPPLY - PURCHASE ORDER - 3212087PURCHASE ORDER PO Number Page City Of 3212087 ' `t Collins OI l I „s This number must appear ` 1 1 on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 454045 Ship To: ELECTRIC UTILITIES A-Z SAFETY SUPPLY CITY OF FORT COLLINS 1554 RIVERSIDE AVE 700 WOOD ST FORT COLLINS Colorado 80524-4326 FORT COLLINS Colorado 80521 Delivery Date: 01/11/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 BLANKET ORDER 1 LOT LS 10,000.00 L&P Total $10.000.00 9-0-� Q. OAA;-� 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 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. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict pvfomance of the Icons and conditions hereof, failure or delay to Internal Revenue. Denven Colorado (Be[ Colorado Revised Statutes 1973. Chapter 39--26. 114 (a), exercise any rights or remedies provided herein or by Ian, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar duc to defects of any ofthe wamntics or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit may be rcmmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance herceforany of its rights or remedies as to any such goods, reg.rdless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported out modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City affront Collins inspection on arrival. hereef. Final Acceptance. Receipt of the merchandise, services or equipment in response 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 understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofnll applicable required inspection procedums vinlatiaas arc in fact home by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcma0cr Freight Tcros. Shipments unrest be F.O.B., City of Fort Collins. 700 Wood St.. Fog Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particulm goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by ull applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamiless from and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances. miles and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any addition.] or different icons and conditions pmposed 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 premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the tint, stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable fro 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 fault ofncgligencc, such acts ofGod, acts ofcivil or military authorities, governmental priorities fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing 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 ofthc delay. 3. WARRANTY. The Seiler warrants that all good, articles, materials and work covered by this order will 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 work of a .similar mount. The Seller agrees to hold the purchnwr harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach ofwarranty. The Seller shall replace, repair or make good. Without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tcros ofany applicable warranty provided by the Seller after the date of acceptance ofthe good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materi is famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warm ntics or guarantees, but such liability shall in no event include loss ofpmfits 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 temu by wainen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal returns. including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shell be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goo ds then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profiles on the uncompleted portion of the goods and/or Work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hercundtt. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be 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 footless from all costs and damages suffered by the Purchaser us a result of the Sellers failure to comply with such Imv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seiler womnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, resen:atinns, security interest encumbrances and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct mu conforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfooncd by the most expeditious means available to it, end the Seller shall pay all costs assnciatcd with such work. The Seller shall release the Purchaser and it contractors of any tier from all liability and claims ofany nature resulting hour the performance of such work. This release shall apply even in the cwcnt of fault of negligence of the party released and shall extend to the directors. officers and employees of such parry. The Shccr's contractual obligations, including warranty, shall not he deemed to he reduced, in any way, because such work is performed or caused to be perfomcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered be letter, patent, todemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material or praeccs in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsneh infringement at any time during the Prosecution or after the completion of the work. In case said equipment. or any pan thereof ar the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own cxpemsc and at its option, either procure for the Purchaser the right In continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. at modify it so it becomes nominfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hencid of creditors, appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcou used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall be constmed under and governed by the laws ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases "here the Scllcr is to perform work hereunder, including the services of Scllcrs Represenmtive(s), on the premises ofothem. 17. 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 ease of any accident, destruction or injury to the work and/or materials before Seller's firm] completion and acceptance. complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equip mmcut arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being Furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of Workers compensation, including occupational disease benefits, In its employees emplaved 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 iahility exi mace With bodily injury and death limn, of m Icast S300.000 for any one person. S500,000 for any one accident and property damage limit pet accident of S4000)0. The Seller shall likewise require his contractors, if any, in provide for such compensation and insurance. Before any of the sellers or his contractors employers shall do any Work open the prcmiws ofothcrs, the Seller shall famish the purchaser with a emifieate that such compensation and insurance have been provided. Such ci nificatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensztion and insumnec expires. The Seller agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the emim responsibility and liability for any and all damage, loss or injury of any kind or nature whntsm%er to persons or properly caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewilh. The Seller Will indemnify and hold harmless the Purchaser and any or all of the Purchasers olimers, agents and employees from and against any and all claims, losses, damages, charges Or expenses, whether direct or indirect. and whether to persons or property to Which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the part of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Pnmhascr. or its officers, agents or employees at any lime on account or by reason of any act action, neglect, omission or default of the Seller of any of his eonimctors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Scllera own 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 Purchnscr or any of its or their officers. agents or employees in such .suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or olhcnwise. The Seller and his contractors shall take all .safety precautions, furnish and install all guards mccssery, for the prevention of accidents, comply with all laws and regulations With regard to safety including, but Without limitation, the Occupational Snfcty and Health Act of 1970 and all rules and regulations issued pursuant throne. Revised 03/2010