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HomeMy WebLinkAbout474775 ALLIANCE SAFETY INC - PURCHASE ORDER - 3214341 (2)City of F„6rt Collins Date: 09/17/2014 Vendor: 474775 ALLIANCE SAFETY INC 6610 E 47TH AVE DENVER CO 80216 PURCHASE ORDER PO Number Page 3214341 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add additional funds per req 48090 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@fogov.com 1 LOT LS 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. COMMERCIALDETAIIS. Tax exemption. By statute the City of Fort Collins is exempt from same and fecal taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Catifiwa of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to area specifcatimss, either when shipped or due to defects of damage in consit, may he remmed to you for credit and are not to be replaced except upon receipt of written instructions fmm the City effort Collins. Inspection GOODS ate mlb atothe City of Fon Collins inspenion on arrived. Final Acceptance. Receipt of the merchandise, services or equipment in nmpmnse to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teams. Shipments ..in be FG,K. City of Fun Collins, 700 Woad St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge acpamaly, the original freight bill most accomanv pence. Additional charaa for pkine, will nor be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freighl will be deducted from Invoice when shipments an made, from greater distance. Remains. Seller shall procure at sellers sale cost all increasing, permits, cenificates and licenses required by all applicable laws, regulations, oMinor. and mks of the state, municipality, territory or political subdivision where the weak is perforinrd, or required by any Other duly constituted public authority having juri flan. moor the work Of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of on warned Or established violation of my such laws, regulations, ordinances, mien and paimmements. Authorization. All parties m this comfort agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said parties. LIMITATION OP TERMS. This Purclum Order expressly limits acceptance to the terms and andswrs staled herein set toff and very supplementary Or additional terms and conditions annexed hereto or incomomred herein by reference. Any additioal or a iRertnnerms and conditiow proposed by seller are objected to.nd hereby rejaced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately iryou cannot make complete shipment to arrive on your promised delivery data as nmed. Time is of the esa moo. Delivery and peal. must be efecred within the time stated on the purchase offer and the cocumenu attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opcma as. waiver ofthie provisim. In the event ofany delay, the Purchaser shot I 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 nod be liable for damages m a result of delays due in cone,, not reawrebly foreseeable which arc beyond Is rmmoble comml and without its fault of negligence, such acts of God, acne of civil or military authorities governmental priorities, Gres, strikes, Rood, epidemics, wars or riots provided that notice of the conditions cawing such delay is given to the Purchaser within five Od days Of the time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall b, extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller winners that all gonds, articles, mmerials and work covered by this Omer will conform with applicable drawings, specifications, samples andtor other descriptions given, will be th for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar anise. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamanry. The Seller shall toffee. repair or make good, without cost to the purchaser, any defects or farts arising within one (I) year or within such longer period of time as may be presci had by law or by the to= of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be inconsumably &loved), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goods by the Dominion shall not constitute a waiver of my claim under this warmnry. Except m otherwise Provided in this purchase order, the Sellers liability heremmer shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no went include loss of profits or loot Of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changesto legal lance by written change miner. 5. CHANGES IN COMMERCIAL TERMS. The, Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the c tcouncor onyic.111 ordered in 'be specifications or dmwinga, by verbal or wrinen Mange order. If any such change affects the amount due or the time oflunformance hereunder, an equitable adjustment shall be made. 6. TF,RMWAT10NS. The Purchaser may at any rime by wrinen change order, terminate this agreement as to any err all portions of the goods then not shipped, subject to any equitable adjustment between the panics w to any work or materials then in progress provided that the Roemer .ball not be liable for any claims for anticipated proms on the uncompleted portion of the good unifier work, for incidental or consequential damages, and that no such adjecum rn be made in favor of the Seller with respect to any goods which ere the Sellers standard hock No such rermiaton shall ¢lie', the Purehasa or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within chop, (30) days from the date the change err termination is ordered. 8. COMPLIANCE WITH LAW. I he Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws sad regulations m which the goods we subject. The Seller shall execute and deliver such decurnars as may he required to [feet or evidence c ion, iap. All laws and regulations required to be incorporated in agreements of this ehamda are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmless fmm all costs and damages suffered by the Purchase as a cult of the Sellers failure,, comply with such law. 9. ASSIGNMENT. Neither parry shall assign haaRr, or convoy this Omer, or my monies due or to become due havender without the prior wrinen consent of the other party. 10, TITLE. The, Seller warrants full, clam and unranined Lille to the Punchaser for all equipment, materials, and items f khed in performance of this agreement free and clear of any and all line, msnictim es rmen'ations, security interest encumbrances and claims af.thera 11. NONWAV ER. Failure of the Purchaser to insist upon strict performance of the law and conditions here.[ failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a bra ch,the acceptance ofar paymem for goods hereunder or approval oflhe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Professor to insist upon suict performance hereofor any of its rights or remedies as to any such gu.ds, regardless of when shipped, received or accented, as to tiny prior or subsequent &fault he¢uuda, not shall any putponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in oral m forme practice, overcharges resulting fmm nntitmst violations are in riot home by the Purchaser. Theretofore, for good cots, and m consideration for executing this pumha, area, the Seller hereby assigns to the Purchaser any and all claims it may now have or haenfter acquired under federal or .to antitrust laws for such overcharges relating to the particular Roof or services purchased or acquired by the Purchaser ..or w this pmcherse order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a now to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwillingness m comply, the Purchaser may cons, rue work to b, performed by the mom expeditious meats available to it, and the Seller shall pay all casks associated with such work. The Seller shall release the Purchaser and its cmmradors of any tier from all liability and claims of any once resulting from the performance ofsuch work. This rtleme dull apply even in the event of fault of negligence of the party reinvest and shall extend to the dusters, officers and cn,loyaw fsuah parry. The Sellers contractual obligations, including warranty, shall no, be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purebwo, N. PATENTS. Whenever the Seller is required to use any design, device, material or process severed by Inner. Point. rademark or copyright. the Seller shall indemnify and save harmless the Purchaser fmm my and all claims for irHmparro t by reason of the use of such p o nred design, device, material or process in connection with the comfort, and shall indemnify the Purchaser for any cons expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work_ In case said equipment, or any pan herenf or the imendnd use of the goods, u in such suit held in constitute infringement and the use of said equipment or 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes n.ninfringing. 15. INSOLVENCY. If the Seller shall beome insolvent or beakmp', rake an msignou nt for de benefit of creditors, appoint is receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions mfterms used or the imagination ofthe agreement and the rights ofall parties hereunder shall b, constmed under and governed by the laws ofthe Stare ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work haeundea including the services of Sellers Reprtxnuai ar s), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oat said work at Sellars own risk until the mine is fully completed and ecemted, and shall, in se of any accident, destmdim or injury in the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satislaction of the Purchase. When materials and equipment are famished by others for installation or erection by the Shca, the Seller anal[ receive, unload, some and IaMle mate at the site and become r<sponsrble therefor as though such materials and/or equipment were ping famished by the Sella under the order. IS. INSURANCE. Ile Seller sell, at his own expersx, provide for the payment of workers compensation, including occupntioal disease be refrs, to its employees employed m or in seaedion with der work covered by this Fachau order, and/or or their drpendenn in accordance with the laws of the some in which lee work u to M done. The Seller shall also carry comprehensive general liability including, but not limited to, comma,.[ and automobile public I one our, insurance with bodily injury and death limier of at least 5300,000 for any one person, $500,000 for any one accident and propels' damage limit per accident of S400,000. The Seller shall likewise require his evntrneors, if my, to provide for such compensation and insurance. net any of the sellers or his conficamon, employees shall da any work upon the premises of others, Be Sella shall famish the Purchaser with a coni&ale that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inurmc, have been provided Such certificoas shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and improper shall be maintained until after the ,mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. Ile Seller will indemnify and hold harmless the Purchaser and any or all of rue Purchases officers, agents and employees from and agunal any and all claims, losses, damage, charges or expenses, whether direct or radical, and winner to person m property, to which the Purchaser may be put or subject by reesm of any act. action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors office s, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by nmwn of any act action, neglect, omission or default of the Sella of my of his contractors or any of ils or their officers, .germs or employees as aforesaid, the Sella hereby agreas to assume the defense therm( and m defend the same at the Sellers own expense, to pay any and all costs, changes, attorneys fees and other asperses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said parties in or as a result ofsuch suits or other proceedings, the Sella will at once move the same to be dissolved past chachargal by giving boM or otherwise. The, Sella and his contractors shall take all safety precautions, furnish and install all guard pessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant thereto. Revised 0TR014