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HomeMy WebLinkAbout454045 A-Z SAFETY SUPPLY - PURCHASE ORDER - 3212133PURCHASE ORDER PO Number Page City of 3212133 + of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 454045 A-Z SAFETY SUPPLY 1554 RIVERSIDE AVE FORT COLLINS Colorado 80524-4326 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 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 1 2012 BLANKET ORDER UTILITIES Cam, C3 Orl=:o-Qs�L City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 1 LOT LS Total Invoice Address: 14,000.00 $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. 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 84-60,10587 is registered with the Collector of Failure of the Purchaser to insist upon .strict pvniormnee of the terms and conditions heaver failure or delay to Intcrnnl Revenue. Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39--26, 114 (.a). exercise any rights or remedies provided herein or by law, 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 specifiextioaa, 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 of written Purchaser to insist upon strict performance hmeoforany of its rights or remedies as to any such goods, mr.1rdiess instruction from the City of Fort Collins. of when shipped, received or accepted, is to any prior or subsequent default hereunder, not shall any purpnned onl modification err rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can match in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchuscr revegain that in actual economic practice, overharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violmines are in fact home by the Purchaser. Theretofore, for grad cause and as consideration for executing this purchase order, the Seller hereby nmigns to the Purchaser any and all claims it may now, have or hcma0cr Freight Terns. Shipments most be F.O.H., City of Fon Collins. 700 Wood St.. Fort Collins CO R0522, unless required under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge scpnmtcly, the original freight purch.scd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective Foods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnwr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipmcrus urc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at scllas sale cost all necessary permits, certificates and licenses rcq.imd by all 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 constinned public authority having jurisdiction over the work of y.do,. Seller funhcr agrees to hold the City of Fort Collins harmless from and against all liability and loss inclined by them by reason of an assencd or established violation of any such laws. regulations, ordinances. rules and requirements. Authorization. All panics to this contend 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 sct forth and any supplementary or additional tcmw and conditions mue.od hereto or incorporated herein by reference. Any addition.] or different terms and conditions proposed by.filer are objectedround herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedialcle if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opcnte as a waiver of th is provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities, governmental priorities. fires, strikes. Bond, epidemics, wars or riots pmvided 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 rcuon of the delay. 3. WARRANTY. The Seller warrants that all gads, articles. materials and work covered by this order will conform with npplinblc 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 nature The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthc Sellers breach atomically. The Scllcr shall replace. repair or make good. without cost to the purchaser, any defects or faults arising within am (1) your or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller net the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), reselling fmm imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchuscr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall carend to all damages proximately caused by the breach of any of the foregoing wnounfcs or guarantees. but such liability shall in no event include loss of pmfns or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CH AND ES IN 1. EGA TERMS. The Purchaser in.., make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the gnnmiti,s 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 shall be made. b. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as ,n any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgmss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in facer of the Seller with respect to any grads which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hermmder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or wouinatirn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all Morris sold hereunder shall have been produced, sold, delivered and finished in strict compliance with all applicable laws and memlafions to which the gods arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamilcss fmm all costs and damages suffered by the Pumhawr as a result 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 become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pumhawr far all equipment, materials, and items furnished in perfnrmwce of this agreement, free and clear of any and all liens, restrictions, resen:rtiers, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ol➢ccrs mid employees of such parry. The Seller's contractual obligations, including womanly, shall not he deemed to be reduced, in any nay, because such work is performed or caused to be performed by the Purchuscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patenl, trademark or copyright, the Scllcr shall indemnify and save homdess the Purchaser from any and all claims for infringement by reason tribe use of such premed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it maw' be obliged to pay by reason ofsuch infringement at any time during the prosecution or a0cr 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 and the use of said equipment or part 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 noninfringing equipment, or modify it so it becomes noninfringing. ISANSOLVENCY. If the Seller ,hull become insolvent err bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller, property or business, this order cony forthwith be canceled by the Pu¢hascr without liability. Ib. GOVERNING LAW. The definitions oftcmt used or the interpretation oflhc agreement and the rightsofall panics hereunder shall be consumed underand governed by the Imes ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the wn'iecs of Scllcrs Representative(.,), on the premises archers. 17, SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Seller's own risk until the ,attic is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Scller's final completion and acceptance, complete the work at Scllcr'., own espen.,c and to the satisfaction of the Purchaser. When materials and equipment arc Furnished by others for installation or erection by the Seller. the Seiler shall receive. unload. store and handle same at the site and become responsible thcmfor as though such materials and/or equipment were being furnished by the Seiler under the order. 19. INSURANCE. The Seller .hall, 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/nr to their dcpcndents in accordance with the laws of the state in which the work is to be done. The Seller shall also arty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of tat least 5300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if any, to provide for such comperim ion and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the p vmiscs ofalhcrs, the Seller shall famish the Purchaser with a ecrtificate that such compensation and insurance have been provided. Such certificates shall specify the date when such eonpcns tiun and insurance have been pmvided. Such cenifieatcs shall specify the date when such compensation .ad insurance expires. The Seller agrees that such compensation and insurance shall he maintained until aficr the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rssumcs the entire responsibility and liability for any and all damage. loss or inbiry ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in ,his purchase order or in connection hercviuh. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchr.crs officers, agents and employees fmm and regains, any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any snit in other proceedings shall be hrough, against the Purchaser. or its effects, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or cmployces as aforesaid. the Seller hereby agrees to assume the defense ,hereof and to defend the ,.cut the Sellers own expense to pay any and all costs, charges, attorneys fce, and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agent or cmployces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperiy ofthc Purchaser, or said panics in or as a resailt of such suits or other proceedings. the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, furnish and install NI guards necessary for the prevention of accidents. comply with all laws and regidrtions with regard to safety including, but without limitation. ,he. Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant th murt. Revised 03/2010