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HomeMy WebLinkAbout481386 HELLMAN SUPPLY SOLUTIONS INC - PURCHASE ORDER - 9147028Fort Collins Date: 12/01/2014 PURCHASE ORDER PO Number Page 9147028 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 481386 Ship To: PARK MAINTENANCE HELLMAN SUPPLY SOLUTIONS INC CITY OF FORT COLLINS c/o TIM HERGETT 413 S BRYAN 11913 W 170 FRONTAGE RD N FORT COLLINS CO 80521 WHEAT RIDGE CO 80033 Delivery Date: 12/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 4 MSA Galaxy 2 for Altair 4X 1 LOT LS 7,424.00 PER ESTIMATE DATED 10-7-14 2 4 Regulator demand flow -male 1 LOT LS 900.00 3 4 Cal Gas Pentane Sim 1 LOT LS 900.00 a 4 MSA GX2 cylinder holder 1 LOT LS 820.00 assy-non-electric 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.mm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Fort Collins PURCHASE ORDER 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 PO Number Page 9147028 2of3 This number must appear on all invoices, packing sli s and labels. Total $10,044.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 3 of 3 1. COMMERCIALDEfAILS. Tax exemptions. By staNtc ,be City of Fort Collins is exempt from state and local faxes. Our Exemption Number is I L NONWAIVER. 98-04502. Fdeml Excise Tax Exemption CerriGeau of Registry 84-15000587 is registered with the Collector of Failure of the Purchaser to imist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saturn 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided berm or by law, failure to promptly notify the Seller in the event of a breach, the acceptvtec afar payment for goods hamn icr or approval ofthe design, shal rat release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due 10 defects of any of the wmranties or obligation or this pumbuse order and shall not be demand a waiver of any right of the damage in earuit, may ba rammed to you for credit and are not to be replacN except upon receipt of women purchaser to mist upon strict performance hereof or any of its rights or remedies n to any such good, regardless instructions from due City of Fort Collins. of when shipped, received or accepted, in to any prior or swbu porm default beremder nor shall any polished matt modiftcatian or marission of does purchase order by the Purchaser operate as a waiver of any of der temp Impenicn. GOODS art subject to the City of Fan Collier inspection on mriaal. hnear. Final Acceptance. Receipt of the merchandise, services or equipment in unpone to this order ran seal, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pont of the City of For Collins, However, it is to be understand that FWAL Seller and the Purchaser rccognine thel in easel ¢ is pr ice, overcharges moment, team aafimes, ACCEPTANCE is dependent upon completion of al applicable required rev swow procedure. violations are in fact broad, by the Purchaser. Theretofore for good came and as mnidemtiou for executing Nis purchase order, due Seller hereby assign a f a, Purchaser any and all claims it my now have or hareafter Freight Terms. Shipments most o F.O.B., City of Fort Collins, 700 Wood St., road Collins, CO 90522, calm acquired order federal or note amierm, laws far such uvemhmdg relating to the panialar goods or smite otherwise speeifid on this order. If permission is given to prepay freight and charge separstaly, the original freight proclaimed or acquired by der Purchaser pursuanno this purchase made(. bill most accompany invoice. Additional charges fur packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnufanumrs have distributing point in various purrs of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective goods by a daze to be, aimed upon by the expected from the mares, distribution to, to destitution, and excess freight will be dducled from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are rode fmm grater distance. may cases the work to be Performed by $e most expeditious mean available to it, and the Sella shall pay all cons summoned with such work. Parties. Seiler shall prerom at sellers sole cost all naes my pamim, certificates and liceass raptured by all applicable laws, regulation, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly wiruismd public authority having furoxi efion over the work of vendor. Seller farther agrees to hold the City of Too Collins hmmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules requiranents Authorization. All parties to this rust racl More that the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set roan and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canner make complete shipment to arrive oa yam promised delivery date in noted Time is of the essence. Delivery and performance most be cheated within the time stated on the purchase order and the documents attached harem. No acts of the purchasers including, without limitation, acceptance of partial late deliveries, shall meram as a waiver of this provision. In the event of any delay, the Purchaser shall hare, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and bolding the Sella liable for damages. However, the Seller shall our be liable for damages as a result of delays due to umes not rwsonably foreseeable which are beyond its inexorable control aM without its fault ofnegl'gence, such ads EGod, acts ofciA[ or military authorities, gov<mmental priorities,( s, strives, Bond, epidemics, wars or hors provided pat notice of the conditions coming such delay u given to the Purehmer within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the peried equal to the time actually lost by manna ofNe delay. 3. WARRANTY. The Seller warrdus that all good, articles, materials and work covered by this order will coNomm with applicable drawings, specifications, samples and/or the, descriptions given, will be fit for the parpa ds intended, and performed with the highest degree of cart and temperature in =aardmce with accepted standard fur work of a similar moor The Sella egmes to hold rise purchaser hmmlas from any loss, damage or expame, which the Purchaser may suffer or incur an account of the Sellers breach eremitical The Sella shall replace, repair ar make goad, without cost to the purchaser, any defaced or faults arising within one (1) year or within such longer period of time n any be prescribed by law or by the morn of any applicable warmnry provided by the Seller after the date of acceptance of the goads famished hi m anda (aazptance not be moeasoreably delayed), resulting Gam imperfect or daRnive work dam or materials fumohul by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waver crony claim under this warranty. Except in othawise provided in this purchme order, me Sellars liability hardener shall extend to all damages proximately caused by rise beach of any of due foregoing warranties or guarantees, bur such liability shall in no event include loss of profits ar Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE, SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasa may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any ob:mges to the tents, other than legal terns, majoring additions to or deletions from the quantities originally ordered in the spaifi alions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofFerhrrmance hereunder, an equitable adjustment shall 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 good then nor shipped, subject o any equitable adjustnment between the parties as to any work or materials then in progrt s provided that the Purchaser shall not be IiaM1le for any claim, for anticipated profits n the mplded portion of the goods unarm work, for incidental or consequential damages, and that no such adjustment be made m favor of the Seller with respect to any goad which are the Sellers smndad stuck. No such termination shall relieve Ne Purchaser or the Seller ofany of their Obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be resened within thirty (30) days fears the dam be change Or momentum is mdered 8. COMPLIANCE WITH LAW. The Sella warrants Nat all good sold heramrde r shall have been roadromf sold, delivered sort fumlxhod in stria compliance with all applicable laws and regulation to which the good . subject The Sella shall execute and deliver such com men , n may be required to effect or evidence compliance All laws and regulations required to be ncorporakd in agreements of this chamntt art hereby incorporated human by dais refnvow. The Sella agree to indemnify and hold the Purchaser Events. from all cows and damage suffered by the Pmmhaser an areal. of also Sellers failure m comply with such law. . 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to boom due heewde without due Prior written conent of the other pony. 10. TITLE. The Seller warrants NIL, char mad umemcmd fifle to the Purchaser for all equipment, materials, and items formulated in performance of this agreement, free and clear of my and all liars, restrictions, reservations, security interest eocnmbmnen and clam ofothers. The Sella shall release the Pmchmer and its commands of any tier from all liability and claims of any room milting from the performance afsueh work. This release shall apply even in the event of fault of negligence of me party released and shall extend to the directors, onmers add employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mterial or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any wait, expense or damage which it maybe obliged to pay by reason of such infringemwt at any time during the prosecution or alter the completion of the work. In a se said equipment, or any pan thereof or the intended use of the good, is in such suit held m comtiNte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either produce for the Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but encouraging equipment, or modify it ad it becomes noninfn'nging. 15. INSOLVENCY. If der Sella shall become insolvent or borkmpt make an assignment for the benefit of creditors, appoint a exceiver or trustee for any of the Sellers property or business, this Order may fbe onhwlth canceled by the Purchaser willing liability. 16. GOVERNING LAW. The definitions Ofterm anted or the interpretation of Ne agreement and the rights ofall parties Icereordtt shall W commm l under and governed by Ne laws of Ne Sure afColmedo, USA. The following Additional Conditions apply only in eases where rise Sella is to perform weak heeuMe, including Ne services of Sellers Rrmaran tativa(s), on the premises orations. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own risk well the seam 6 fully completed aM acceptd, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion mad acceptance, complete the work at Sellers awn expense and to Ne dtisNetion of the Purchase. When mtad.lx and equipment art famished by others for installation or creation by the Sella, the Sella shall receive, unlwd, store and handle tome at the site and became responsible therefor n though such mammals confer equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with due work covered by this purchase order, torpor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and notomobile public liability insurance with bodily injury and death limits Of at lent S300,000 for any one person, S500,000 for any one widen and property damage limit per ewiden, of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insumce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall [ Isla Ne Purchaser with a certificate that such compensation and insurance have been provided. Such cenificmes shall specify the date when such Ompensation and insurance have been provided. Such certificate shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and=cepled. 19. PROT ECTION AGAINST ACCIDENT S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind Or ratuee whauoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase or or in connection herewith. The Seller will indemnify and hold hamdas the Purchaser and any r all of the Purchasers officers, agents and employees men and against my and all claim, lasso, damages, charges or expenses, whether down or indirect, and whether to person or promny, to which rise Parchatear my be put or subject by reason of my net, action, neglect, omission or default on rise part of the Seller, any of his confusion, or any of the Sellers or contractors officers, agents or employees. In dow any suit or other proceedings shall be brought against Ne Purchase!, or its officers, agents or employees at my time on =want or by ¢anon of my =4 action, neglcct, omission an default of Ne Sella of my of his customers or my of its or their oMd., Miums of employees as tfotesaid, Ne Seller hereby agree to assume the defame thereof and to defend the same at the Sellers own exmme, to pay my and all cots, charges, wouemys fees and other expenses, my and all judgmrnu that may be incurred by or obtained against the Purcbusem or any of its or thew officers, agents or employer in such suits or other prmeedags, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or a a result of such suits or other pmcedings, its, Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller end his contractors shall bake all safery Limitations, famish sod install all gtards neeessary for rise prevention of accidents, comply wilh all Wws and regulation with regard to safey including, but without homeroom, the Occup dionl Safety sand Health An of 1970 and all rules and regulation added p idsmonf thereto. Revised 07E014