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HomeMy WebLinkAbout103609 SAFETY & CONSTRUCTION SUPPLY INC - PURCHASE ORDER - 3215032Fort Collins Date: 01/02/2015 PURCHASE ORDER Vendor: 103609 SAFETY & CONSTRUCTION SUPPLY INC 5590 JOLIET ST DENVER CO 80239 PO Number Page 3215032 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 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Signal and Signing Supplies 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@fogov.mm 1 LOT LS 5,000.00 Total $5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stoma the City of Fort Collins is exempt been state and local =a. Om Exemption Number is 11. NON WAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe temu and conditions hereof, failure or delay W Internal Revenue, Denver, Colorado (Rd. 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet sped fications, 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 my right of the damage in parent, may to rerumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perlbmance hereof or my of its rights or comedies as to any such goods, regardless instructions from the City of Fort Collins. of whom shipped, received or accepted, as to any prior or subaryurnt default hereunder, nor shall any Implanted Fed am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final AmThatce. Receipt of the merchandise, service, or equipment in response W this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. euthomi ed payment on the pan of the City of Fan Collins. However, it u to be understood that FINAL Seller and the Purchuer recogtis chat in mtual . mic practice, overcharges resulting arm areiwst ACCEPTANCE is de Wmt upon compleim of all applicable required imp fion proordures. violations are in fact home by the Purchaser. Therrtoforenfor good cause and as consideration fen executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hcreaf er Freight Terms. Shipments must be F.O.B., City of Fon Colliers, 700 Wood St., Fan Collins, CO 80522, mdess acqui d under federal or state antitrust laws for such overchmrges relating to the particular goods or services otherwise specified an this enter. Wpermission is From to prepay freight and charge separately, the original freight purchased or acquired by the Purchuer pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nesrat distribution paint in donation, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pmnits. Sella shall feature at sellas sole cost all necessary perapts, c lifiestes and licenses political by all applicable laws, regulations, ontianaa and cola of the state, municipality, territory or political subdivision wham the work is performed, or required by any other duly emotional public authority having jurisdiction over rise work of vendor. Seller former agrees to hold the City of Fan Collins harmless mat and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and patuarmens. Authorization. All parties to this contract agree that the representatives are, in fact, bow fide and pusses, full and amplete amhodty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions smttd herein set form and my supplementary or additional terms and conditions annexed hereto or imarporated herein by reference. Any additional or different tcnns and conditions proposed by seller are objasN to and hereby rejaetM 2. DELWERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is ofthe essence. Delivery and performance mast be effected within the foe seated on the purchase order and the documents attached haver. No acts of the purchasers including, without limitation, acuptantt ofpanial late delivat shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and epaitable remedies, the option rd plming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages u a result of delays due to muses not reasonably foreseeable which are beyond its comparable control and without its fault ofnegligence, such acts ofcod, acts ofdvil or military authorities, goveram.ml priorities, fires, strikes, flood, epidemics, want or no¢ provided chat notice of the conditions causing such delay is given to thc Purchaser within five (5) days of the time who the Sella first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for door period equal to the time actually lost by reason of tbe delay. 3. WARRANTY. The Seller wamans that all goods, articla, reatenals and work covered by this order will cant with applicable drawings, spaifimtiou, samples andkor other descriptions given, will be fit for the porpoises; intruded, and Performed with the highest degree of care and comparator in accordance with accepted standard for work of a similar more. The Seller agrees to hold the paechaser hmmleas from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tetras of my applicable warranty provided by the Sella shoe the date of acceptance of the good doubled hereunder (accommence not to be inconsumably delayed), resulting from capsular at defective work dace or materials boosted by the Sella. Acceptance or use of goods by the, Purchaser shall not constitute a waiver of my claim under this warranty. Except w otherwise provided in This purcWu order, the Sellers liability hereeider shall extend in all damages proximately wood by the breach fany of the, foregoing wapmrm, a gomintas, but such liability shall in no event include loss of profis or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchuer may make changes to legal toms by written change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quemities originally ordered in the specifications or drawings, by verbal or written change other. If any such change effects the amount due or the time of pcidg reame hereunder, an equitable adjtuMmt shall be made. 6.TERMMATIONS. Use Purchuer may at any time by wnncn change Omer, terminate Nis agreement as to any or all ponimss of the goods then not shipped. subject to any equitable edjnstmmt between the parties as OF my work or rvtenals then in progress provided that the Purchuer shall not be liable for my claims for anticipated profits on the uncompleted portion ofthe good and/or work, for incidental or ems yumtial damages, and that no such edjustmrnt be made in favor ofthe Seller with respect to any good which art the Sellers mankind stock. No such nomination shall relieve the Purchaser err the Seller of ony of their, obhgatia x, a to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for mijutman most For armed within thirty (30) days from the date the cluenge or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrans that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regular u r which the good are subject. The Seller shall execute and deliver such dmcmms u may be raptured r effect or evidence compliance. All laws end regulations required to be incorporated in agreemens of this character see hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hou nlas from all ass and damages suffered by the Purchaser u a Fault of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither parry shall assign, vmsfm or rinvey this order, or my monies due or to home due hereunder without the prior wdnen consent of the other party. 10. TITLE The Sella warrants full, clear and announced title r the Purchaser fm all equipment materials, send items Rehashed in pop onaore, of this agreement free and Fleet of any and ell liens, ravictlons, fima, security no. .announcer and claims ofothac 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser, and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Prombe are may cause the work to be performed by the most expeditious means available to it, Ford the Seller shall Pay all costs associated with such work. The Sella shall release Fire Purchaser and its contractors of my tier man all liability and claims of any moue resulting from the perfotmauce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of.Fh vary. no Sellers contractual obligations, including impurity, shall rat be deemed to be reduced, in any way, because such work is performed or caused W be performed by the Purchaser. 14. PATENTS. Whrnna the Sella F equirN to we my drip, device, material or process covered by loner, patent, trademark r copyright. Far Seller shall indemnify and cave harmless the Purchaser from my and all claims for iufnngrmmt by reason of rise use of such patmred design, device, material or process in cormection with the ymwmL and shall indemnify the Purchaser for my can, expense or damage which it my be obliged to pay by reason ofsuch infn'ngrnrcnt at my time during the proaautian or after the completion of the work. In use said equipment, m my pan thereof or the intended use of the goad, is in such suit held to constimr infringement and the use of said Naipmem or pan is joined, the Sella shall, at its own expense and at its option, either Fracture for the Purchaser the right to continue using said equipment or pam, replace the same with substantially equal but noninfnging equipment, m modify it sec it becomes noniefringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the battle of credirrs, appoint a coneiver or Irosttt for any of the Sellers pmoprty eor business, this order day fonhwida be canceled by the Porchasrrwithout liability. 16. GOVERNING LAW. The definitions ofterms wood or the interpretation ofthe agreement had the rights of all parties harmsda shall the mrentmed under and governed by the lows ofthe State orColonde, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Represe tative(s), on the premises olothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work a Sellers own risk mtil the same ce fully completed and accepted, and shall, in use of my eccidem, destruction or injury to the work anNor morerials before Sellers fact completion and acceptance, complete this, work in Seller's own expense and to the satisfaction of the Purchases. When materials and equipment are f ish t by others fen installation Or rrectim by the Sella. the Sella shall receive, unloa4 there and handle same at the site and became raponsible therefor as though such man ed, FaVor ryuipmmt were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, tanker to their dependents in accordance with the lows of the shire in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but rat limited to, contractual and automobile public liability immuser with bodily injury and death limits of at lean S300,000 far my mac prison, $500,000 for any accident and property damage limit per accident of 5400,000. The Seller shall likewise capture his contractors, if my, to provide for such compensation and Insnmntt. Before my of the Sellers or his componors employees shall do my work upon the premises ofoder, the Seller shall furnish the Purchaser with a renifrcate that such compensation and assurance have been provided Such areifares shall specify the due when such competition and iummce lave been provided. Such certificate skull specify tha date when such mrnpeuauon and announce expires. The Seller agrees that such compensation and insurance shell h maintained atil arm the entire work is completed prod accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hacby assumes the entire responsibility and liability far any and all damage, has or injury of any kind r Farce whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the forename arm my or all of the Purchasers officers, agents and employees fiver and against my and all claims, loses, damages, cbarga or expeua, whether, it.. m indirect, and whether w persons Or pmperry W which the Purchaser ray be fur or alit by reason of any uct, action, aglar, omasim or demult an the pan of the Seller, any of his convectors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other pmttedings shall be brought against the Purchuer, Or its officers, agents or employees at my firm an account ar by crown of any set, whom neglm, omission or default of the Sella of my of his conhecrors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees r assume the defense tha.f and to defend the same at the Sellers own expense, ro pay any and all toss, charger, attomrys few and other experates, any and all judgmms that may be incurred by or obtained against the Purchua or any of its a their officers, agents or employees in such poor or office proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchuer, or said Parties in or as a result of such was or other Proceedings, the Seller will m poor cause the same to be dissolved and dischmgN by giving bond a otherwise. The Sella and his contractors shall take all safety precautions, fumish and inssll all guard necessary fen the prevention of accidents, comply with all lows and regulations with regard u safety including, but without lirrrimtion the Occupatioal Safety and Health Act of 1970 and ell rules and regulations issued purstwt thereto. Revised 07n014