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HomeMy WebLinkAbout176939 WORKWEAR INC - PURCHASE ORDER - 3212342PURCHASE ORDER PO Number Page City Of3212342 1 of z `t Collins OI` lI ns This number must appear on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 176939 Ship To: WATER UTILITIES WORKWEAR INC CITY OF FORT COLLINS 5745 MCWHINNEY BLVD 700 WOOD ST LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 02/08/2012 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 Blanket P.O. 1 LOT LS 6,000.00 Safety Shoes 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 2 of 2 I. COMMERCIALDETAHS. Tax exemptions. By sumtc the City of Port Collins is exempt Foresaw and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-0W597 is regiscred with the Collector of Failure writhe Pllmhascr to insist upon strict performance ofthe terms and conditions hereof. Failure or delay to Internal Revenue. Denver, 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 went of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or doe to defects of any of the war . mics or obligations of this purchase order and shall not be deemed a rower array right of the damage in transit, may he rebuffed to von for credit and arc not to be replaced except open receipt of written purchaser to insist upon strict performance herenfor any of its rights or ¢medics as to any such gaols, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, tier shall any purported eml modifieatinn 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 of Fort Collins inspection not arrival. Imecof. 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 he understood that FINAL Seller and the Pnrchascr recognize that in actual economic practice, orcmhargcs resulting from antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection pnrccduics. violations are in fact borne by the Purchnscr. Theretofore, for grad cause and as consideration for executing this purchase order. the Scllcr hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments must be F.O.R.. City of Fort Collins, 700 Wood St.. Fen Collins. CO 90522, unless acquired under federal or stain antitrust laws for such overcharges mining to the particular goods or services mlacrw'ise specified no this under. If pcmrission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for 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 If the Purchaser directs the Scllcr to correct nonconforming or defective goads by a date to be agreed upon by the expected from the marest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhaacr shipments arc made font greater distance, may cause the work to he performed by the most expeditions means available to it, and the Seller shall pay all costs associated with soeh work. Permits Seller shall poeurc at sellers sole cost all accessary permits, certificates and licenses required by all applicable Imes, 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. Scllcr further agrees to hold the City of Fort Collins harnlea from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact. bona We and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the Mans and conditions stated herein set forth and any supplementary or additional tams, and conditions annexed hereo or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essnncc. 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 ofpartial late deliveries, shall operate as a ,waiver of this prevision. 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 Seller liable for damages. However. the Seller shall not be liable for damages as a result of dclay:s due to emees net reasonably foreseeable which arc beyond its reasonable control and without its fault nfneglignca such acts afford. acts mfeivil or military authorities. governmental priorities, Gres, strikes, Bond, epidemics, sears or rims pmvidcd 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 ofthe delay. 3. WARRANTY. The Seller vaunts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other deserptiaa, given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard, far work of a similar nature. The Seller agrees to hold the purchaser hamlet, from any lest damage or expense which the Purchaser may suffcr or incur on account ofthe Sellers breach of oamny. The Seller shall replace, repair or make good, withmn cost to the purchaser. any defects or faults arising within arc (I) year at within such longer period of time as may he prescribed by law or by the terms array applicable wammy provided by the Scllcr after the dart of acceptance of the goods furnished hereunder (acceptance not tobe unrea x ..ably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntiee or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the u o.en tic, originally ordered in the s,renwztions or din.wings, by verbal or change odcr. If any such change affccte the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminatc this agreement as to any or all portions of the grads then nod shipped, subject to any cgaitable adjustment between the panics as to any work or materials then in progress 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 emsmucntial damages. and That no such adjustment be made in favor of The Seller with respect to any gads which arc the Scllers standard stock. No such termination shall ml icvc the Purchaser or the Seller of any of their obligations as to any gads del i%cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days (rem the date the change or tcronnation is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance whir all applicable laws and regulations to which the good 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 harmless from all costs and damages suffered by the Purchaser a% a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this odcr, or any monies due or to become duc hereunder without the prior "rimed consent ofthe other party. 10. TITLE. The Seller wamnts full, clear and unrestricted tilt to the Purchaser for all equipment materials, and items fumishcd in performance of this agreement. free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchnscr and its contractors of any tier from all liability and claims of fury naturc resulting from the perfmrmnnce ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. effects and employees ofsuch party. The Seller's continental obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed of caused in be performed by The Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. dorms, material or process covered by Icon. patent, trademark or copyright, the Seller shall indemnify and save hornless the 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 contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any tines during the pmacention or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment of 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 parts, replace the same with substantially equal but anninbinging equipment. or modify it so it becomes norinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoial a receiver or tmsucc for any of the Scllcr% prepcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offer.... used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed enderand governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of SCRCrs Represenfntive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcstmetion or injury to the work and/or materials before Scllcr, final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthc Purchase, When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle more at the site and become responsible therefor as though such materials ,mdlor equipment were being furnished by the Scllcr under the order. 18, INSURANCE. The Seller shall. at his own expense. pride for the payment of workers compensation. including occupational disease benefits, to its employees employed on or in connection with the work catered by this purchase order, and/or to their dependent, in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprelicnsive general liability including but not limited to, contractual and antomebile public liability insurance with bodily injury and death limits of of least 5300.000 for anyone person. S560,000 for any one accident and prmpcny damage limit per accident of S400.000. The Seller shall likewise require his conductors, if any, in provide or such compensation and insurance. Beare any of the Seller, or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ecniftcin, that such compensation and insurance have been pmvidcd. Such certificates shall .specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the dote when such compenwtten and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the,mire responsibility and liability for any and all damage, loss or injury ofany kind or mature whatsoever to persans or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold brimless the Purchaser and any or all of the Purchasers officers, agent and empleycc, from and against any and all claims, losses, damage., charges or expenses. whether direct or induced, and whither to persons or popery to which the Pnrchascr may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller. now of his contractors or any of the Sellers or contractors officers, agents or employees. In ease any suit or other pmcccdings shall be brought against the Purchase, or its effects. agents or employees many lime on recount or by reason of any net, action, neglect omission or defin th of the Seller of any of his contractors or any of its or their officers, agents of employees ns aforesaid, the Seller hereby agrees to assume the defense tlwrcof and In defend the same at the Sellers non expense, to pay any and all costs. charges. attorneys fees and other expenses, any and all judgments that may be incamed by or obtained against the Purchaser or any of its or their effects, agents or employees in such suit, or other proceeding,, and in case judgment or other lien be placed upon or obtained against the property of the Purchnscr, or said parties in or as a resell of such suits or Other pmcccdings. the Seller will at once cause the same to be disrobed and discharged by giving bond or otherwise. T'he Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Hcalth Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010