HomeMy WebLinkAbout454045 A-Z SAFETY SUPPLY - PURCHASE ORDER - 3215014Fort Collins
Date: 01/02/2015
Vendor: 454045
A-Z SAFETY SUPPLY
1554 RIVERSIDE AVE
FORT COLLINS CO 80524-4326
Delivery Date: 01/02/2015
Note:
PURCHASE ORDER
PO Number Page
3215014 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Line Description Quantity UOM Unit Price Extended
Ordered Price
Safety Supplies 1 LOT LS 5,000.00
Annual
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.com
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
I�mc�l rr�—txrcnrr[mrmi
Page 2 of 2
1. COM1EHERCIALDETAILS.
Tax exemptions. By smarm tM City of Fort Collins is exempt from state and local rases. Om Exemption Number is
11. NONWAIVER.
98-03502, Federal Excise Tax Exemption Certificate of Registry 84fi000589 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the tamer and ambitions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a
breach. the acceptance of or payment for goods hereunder or approval ofthe design, shall drat release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of arty right of the
damage in onnsil, may be resumed or You for credit end are not to be replaced encep upon receipt of women
Purchaser to insist upon suite performance hermf or any of its rights or remedies. to any such goods, regardless
instructions from the City of For Collins.
of whin shipped, received or accepted, as an any prior or subsequent default hereunder, nor shall my imported
oast modification or rescission of this purchase sister by the Purchaser operate m a waiver of any of the teases
Ramada. GOODS ere subject to the City of Fan Collins impaction on arrisuL
hermL
Final Acceptance. Receipt of ncc merchandise, services or ex,opmera in response to this order cam result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autharisd payment on the part of the City of Fort Collins. However, it is mho understood that FINAL
Sella and the Pmchmer raogldss that in mmal economic practice, overcharges resulting brainantitrust
is dependent upon completion of all applicable capitol pitol inspection procedures.
violations are in fact home by the Purchases. Theretofore.for good cause and as consideration for executing this
purchase order, the Seller hereby avlgm to the Purchaser any add all claims it may now have or hereafter
Freight Tent. Shipments most be FOB,, City of Fort Collins, 700 Wood Se, Fort Collins, CO 80522, unless
acquired under falmal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise admitted on this order, If permission is given to prepay freight and charge supamtely, the original freight
purchased or acquired by the Purchaser ptmuaut to this parcham order.
bill most accompany invoice. Additioml charges for packing will not v accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where twnufxtuters have distributing points in various parts of the country, shipment is
Ifthe Purchamr great the Sella to rotate rmmonforming or deftive goods by a date to be agreed upon by the
expected form the nearest distribution pout to destivtion, end we. freight will ho dalmred from Invoice when
Purchaser and the Seller, and the Sella therafter indicates its build, Or tmwillin,rum to comply, the Puchasa
Shipments are trade fmm grayer distance.
may Or. the work to be performed by the most expeditious meant available to it, and the Seller shall pay all
costs wax med with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, emifcates and Eames requited by all
applicable laws, regulations, ordinances and rules of the sate, municipality, radio, or political subdivision where
the work is performed, or required by any other duly constimmd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason or an averred or esablolle t violmion of any such laws, regulations, ordinances, toles
and requirements.
Aimminfifint, All panics to Nis mntran we that the sepsescnasiva are, in fxt, bona fide and possess full and
complete authoritym bind mid parties.
LIMITATION OF TERMS, This Purchase Order expressly limit xceptance to the names and conditions sated
herd. set font and any supplemrnmry m additional tears .it conditions amexal hereto as incospamted herein by
inference. Any additional or different terms and continuous proposal by seller arc objected m and hereby d6whal.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you armor make complete shipment to arrive an your
promised delivery date m noted. Time is of the essence. Delivery and performance must b, effected within the time
So nd on the purchase order and the documrnts attached harem. No act of the Purchasers including, witho a
limitation, arc mence, of partial Its, deliveries, shall operate as a waiver orthis provision. In the event of any delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option ofplacug this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foresauble which art beyond its reasonable control and without its fault of negligence,
such acts afGad, acts afcivil ter military euth ndties, govemmmml prionfcs, firs, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to roe 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 sommus That all goods, tinkles, materials sb week covered by this order will confoam with applicable
drawings, spaificatione, samples abhor other descriptions; given, will b, fit for the purposes intended, and
performed with the highest degree of care and a mpmence in accordance with accepted standvad for work of a
imilar nature. The Sella agrees a hold the purchaser haamlcs from any loss, damage or exposes, which the
Purchases may sulf s ar incur on account ofrhe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any ch l?ct or fault miring within one (I) year or within such longer period of
time as may be presenbal by law or by the terms of any applicable warranty provided by the Sella after the dale of
acceptance of the goods Maintained hereunder (acceptance not to be unressombly delayed), resulting fmm impaf.t
or defective work done or Materials bombed by lie Seller. Acceptance or use of goods by the Purchaser shall not
onstiaw a waiver ofarry claim under this warranty. Except as othawiu provided in Shia purchase mda, the Sellers
liability bereunda shall extend to all damages proxineely vowed by the breach of any of the foregoing mundane
or gtra muss, bur such liability shall iv co event include loss ofpmft or loss of tau. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal renrts by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the tams, other than legal teams, including additiom to or deletions from
the quardifie, originally ordered in the specifications or drawings, by verbal or written clwnge order. If any such
change affects line amount due or the time ofperformmce hereunder, an Notable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by sort. change -der, terminate Nis agreement as to any or all portions of the
goods then not shipped, subject to my a ifiable adjustment betwern tine podia as m my work Or materials then in
prognees provided that the Frowner shall not be liable for my claims for mricipm d profits w the uncompleted
portion of the good andlor work, for incidental a consammial damages, and that no such adjustment be made in
favor of the Sella with rapect to any good which art the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller of my aftheir obligations. to my goads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be, asserted within thin, (30) days %in the dam the change or termination u
ordered.
8. COhBLUNCE NTTH LAW.
The Sella wamnts that all goods sold hereunder shall have been paoduced, told, delivered and famished in saner
ompliam, with all applicable laws and regulations to which the good are subject. The Sella shall execute and
deliver such documents .may be required to effect or evidence compliance. All laws and depletions required to be
incoryovted in agreement of this character are hereby mompommd herein by this re&rence. The Sella agrees to
indemnify and hold the Purchaser harmless form all casts and damages suffered by the Purchaser as a result of the
Seller failure to comply with such law.
9. ASSIGNMENT.
Neither pasty shall resign, vdnsfer, or convey this order. or my ninnies due or m become due hereunder without the
Poor written cement afte order party.
10. TITLE,
The Sella.,, full, dear and unremined ti0e to the Purchaser for all equipment materials, and it. famished
in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of orders.
The Seller shall release the Purchaser and its cmtradms of any tier from all liability and claims of any nature
esulting from the perf.ar once of such work.
This release shall apply even u the event of fault of negligence of the party mleasrd and shall extend to the
directors, officers and employees sif..b parry.
The Sellers conuanual obligations, including wamnty, shall rot ho gained N be, reduced, many way, because
such work is per<ed or caused mho performed by the Purchaser.
14. PATENTS.
Whenever the Seller is t loi ed to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save handless the Purchaser from any and all claims for inGng,ment
by teams of the use of such patented design, device, human l or process in connection with Joe Montana, 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 time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such mir held la constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the
Purchases the right m continue using said tyuipment or pans, replan the vase with Substantially all but
cormfn'vgivg a uip re, nL or modify it W it becomes noNvfringug.
15. INSOLVENCY.
If the Seller shall bcome insolvent or bankrupt, make an assignment for the benefit of cfedimrs, appoint e
receiver or arms, for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser with on liability.
16, GOVERNING LAW.
The deftn rains of terms used or the Nlapremtim of the agreement and Ne right of all parties hereunder shall be
comwed trader and govemal by thc laws of roe Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to pert work hereundes,
mcludng the music. sifsellere Repreuamiva(x), an rha premises of.h ..
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Sellers own auk until the same is fully completed and accepted, and shall,
in two of any accident, destruction or injury to the wok mtdNm cratmals before Sellds Said completion and
SaMnance, complete the work at Sellers own expense and to the Satisfaction of the Purchaser. When materials
and equipment are farrob d by order for installation or erection by the Sell., du Sella shall rteim. total,
stare and hurdle some ter Use site and become r.poruible therefor as though such mmerm, and/or equipment
were being famished by the Seller tmda the order.
IB. rNSURANCE.
The Sella shell, in has own expense, provide for Ne payment of workers compenmtion, including occopmimal
disease benefits, to its employers employed on or in connection with the work covered by this parchau 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 tarty compnfindisive general liability including, but not limited to, contmcnal and automobile public
liability wsurance with bodily injury and death limits of m least S300,0Km for any one person, 5500,000 for any
e accident and property damage limit pa accident of 540Up00. The Seller shall likewise require his
contractors, irony. to provide for such ampecamion isid . tame. Bef any ofthe Sellers or be, contractors
employees shall do any work upon d premises of otters, the Sella shall fumuh the PurchaserOils a cenifimtc
that mend coma mation and insurance have been provided. Such cedifi.lex shall specify lie daze when such
compensation and insurance have been provided. Such cedifates shall specify the date when such comparamon
and insurance... r.. The Sella agrees Nat such mmpenstown and over—c , shall be commused mail aRa me
entire work is completed and ecceWed.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumea the entire responsibility and liability for my and all damage, lass or injury of my kind
or nature whatoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection haewith. The Sella will indemnfy and hold hamnless she Purchouna and my
or all of the Pordawas officers, agent and employees from anal against my sand all claims, lasses, damages,
changes or expense; whether direct or indirect, and whether to persona or property to which the Purchaser may
h pat or subject by resam of my act, action, so at. mussim or default on the poor of the Sella, any of his
commama or my of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be, brought against tine Purchaatt, or its alEcas, agents or employees at my time an acepml or
by reason of any act, action, neglect, omission or default of the Sella of arty of his cmrradors or my of its or
their officers, agents or employees in; aforesaid, the Seller hereby agrees to assume the defense thereof end to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses.
my and all judgments that may NO incorrect by or obtained against the Purchaser or my of its or then ofaw,
agents or employees in such suits or other proceedings, and in cam judgment or other lira be placed upon or
abainol against the pmpcny ofthe Purchaser, or said pmies is or as a result ofl.lh suit or other pranadinp,
the Ether will at omd.ttse the same m be dissolved and discharged by giving band or mla rwiu. The Sella and
his contractors shall take all Safety precautions, fumub and small all guards necessary for the prevention of
acidrnts, comply with all laws and regulations with regard to Safety includin& but without limitatied, the
Occupafional Safay and Health AM of 1970 and all toles and fegWa cos issued pursumt $"a.
Revised 09I2014