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HomeMy WebLinkAbout106065 GENERAL AIR SERVICE & SUPPLY CO - PURCHASE ORDER - 9150084PO PURCHASE ORDER 915008er Page City of PURCHASE 50084 , of 2 ' `F6rt Collins( isnumbees,pacr must packing V �7 on all invoices, packing sli s and labels. Date: 01/08/2015 Vendor: 106065 GENERAL AIR SERVICE & SUPPLY CO 1918 HEATH PKY FORT COLLINS CO 80524-2723 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 5,000.00 Shop Supplies to cover the cost of shop supplies to include welding gas for fiscal year 2015. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Blanket Order Shop Supplies 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:purchasingQfogov.com 1 LOT LS Total Pay terms net 30 days Invoice Address: 14411101011 WE City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and CondiCons Page 2 of 2 1. COMMERCIAL DETAILS. Tax exam more. By slawle the City of Fort Collins is exempt from state all local lazes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmifeme of Registry 84fi000589 is mg&fared with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in transit, may be resumed to you for erMlt and are not to be replaced except upon receipt of written instructions film the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Ccfins inspection on arrival. Final Acceptance. Receipt of the merchandise, ser,wes or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be undersmod that FINAL ACCEPTANCE is dependent upon completion .fall applicable required impaction prmedum. Freight To.. Shipments most be F.O B., City of For Collins, 700 Wood ST, Fart Collins, CO B0522, unless otherwise spindled on this order. If permission is given to prepay freight aM charge se uammly, the watical freight bill must accompany invoice. Adi itimW charges fro Packing will not be acap1M. Shipment Distance. When manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destitution, and excess freight will be deducted from Invoice when shipments are made from Room, distance. Permits. Seller shall fiomre at sellers sale cost all naasary pamils, certificates and licwars mquiW by all ,mbooblc laws, ri.... ordinances and roles of the into, municipality, temmry or political subdivision where the work is rammed. or required by any other duly co -Bored public authority having jurisdiction over be work of vendor. Sella further agrees to hold the City of Too Collins harmless from and ag.i-t all liability and loss incurred by them by rrasm of as wsM,d or established violmim of any such laws, regulation, ordinances, culls and requirements. Atidawilation. An parries are this amount agree but the re,namm mares are. in fact, bum fide and possess fun anal wars lee Bathority to bud said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceplmce to the terms and aediuotes soled herein set forth and any supplementary or additional tams aM condition amtexed hereto or ineorpomted herein by reference. Any additional Or dilferal terms aM condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camot make complete shipment to arrive on your promised delivery data as noted. Time is of the remote. Delivery and perharmu a mash be effaced within she time sited on she purchase order and the denature. matched hereto. No is of the Purchasers including, without Limitation, acceptance of partial late deliveries, shot] operate in a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Omer elsewhere and holding the Seller liable for damages. Ihowever, the Sella shall not be liable for damages as a result of delays due to muses not reasonably f sable which arc beyond its reasonable central and without its fault of negligence, such ears OrGM, erns of civil or military authorities, govemmenal priamia,f s, strikes, Bord, epidemics, wars or riots provided that notice of the coMltiom causing such delay is given an ❑m Purchaser within five (5) days of the time when be Seller first received knowledge thereof. In the ,seat of my such delay, the doe of delivery shall be extended for the period aryal to the time actmly Into by reawn ofale delay. 3. WARRANTY. The Sella warrants that all good, articles, materials led wort: covered by this Omer will conform with applicable drawings, specifications, somples aNm other description given, will be fit for the purposes brandish and perfumed with the highest degree Of core and competence in womakence with accepted standard for work of a similar natem. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or mair On account Of the Sellers breach Of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer rents of time n may be prescribed by law or by the toms army applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or maerials f ishal by the Seller. Acceptance or use of good by the Purchaser shall not .mutate a waiver ofmy claim man this womanly. Excep as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately eausd by the breach of my of the foregoing wammies or gwmamees, but such liability shall in m event include lass of profits or was of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal hems by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to the lams, Other than legal corms, including additions to or delete- from the quantities originally ordered in Ilse .,—fitulims or drawings, by social err writta change aide, If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. '11te Purchaser may at any time by written change artier, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable wilestmenl between the parties as m any wok or materials then in progress provided cast the Purchaser shall nor he liable for any claims for anticipated profits on the uncompleted potion of the good =Nor work, fro incidental or camcgttential damages, and that no such Mjomnem be made in favor of fro Seller with respect to my good which we the Sellers staedaak stock. No such teminatim shall reline the Purchaser m the Seller ofany afthei, obligations as to any gaud delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within bill (30) days from the date the change or remth man is ordered. B. COMPLIANCE WITH LAW. The Seller warrants Oar all goods sold hereunder shall have been produced, sold, delivered and famished in shim compliance with all applicable laws and regulations to which the goad are subject. The Seller shall execute and deliver such documents as may be rryuired to effect err evidence compliance. All laws and rcgulmians requital to be incorporated in agreements of this character are hereby incorpoofd herein by this reference. The Seller agrees to indemnify and hold the Pmrchaser trades from all costs and damages suffered by the Practicer as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither pang shall assign, nomfer, or convey this order, or my amnia due or to become due hcrtmder without the Poor wriaen oo-at of the other parry. 10. TITLE. - The Sella warraams full, clear and committed title to the purchaser for all equipment, materials, and items granted in performance of this agreement, Ira and clear of my and all tiers, resoctie-, reservation, wwunty interest encumbrances tad claims ofolhers. ILL ONWAIVER. Failure of the purchaserpmmto insist upon sort erfom of the alms and wndidow hereof, failure or delay m excerise any rights an anomalies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm payment for good haeuader or approvd arrive desigq shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be danced a waiver of my right of the purchased, insist upon soot pert and hereof or any of its rights or rem Mies as to ago tiny such od ess .regardl Of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported cal medi fication or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser common, but in actual anomie practice, overcharges resulting from antitrust violations are in but Name by the Purchaser. Thereoforo, For good came aad w consideration for executing Wis purchase older, the Seller hereby assign in the purchaser any and ell claims it nay now have or broader acquired coder federal or state antitrust laws fro such overcharges relnung in the particular goods or smias purchased or acquired by the Purchaser pursuant to this purchase oaker. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumh,wa directs the Seller to wren ... continuum, or defective goods by a date no be agreed upon by the Pmcbasaf and the Seller, and the Seller thereafter indicates its inability or unwillimwcw at comply, the Pamhwa may comic the work to he performed by the most expeditious means available to it, and the Sella shall pay all rests associated with such work. The Seller slat[ allow, the Purchases and its c.nlmmors of any tier from all liability it claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the direction, officers and employees of such party. The Seller's contactual obligations, including literacy, shall not Lou deemed to he reduced, in any way, becance such work is performed or caused to he performed by the Purchwcr. 14, PATENTS. Whenever the Seller is required to we any design, device, maeial a process coveted by lever. Patent, mdemark or copyright, the Sella shall iodemnify and save harmless the Parabola from any and all claims for infringement by reason of the we of such permed design, device, material or process in connection with the comma,, and shall indemnify the Purchaser for any cast, expense m damage which it may be obliged m pay by on.. crania infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the mended use of the goods, is in such suit ]add m 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 equipmat or pins, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninlHnging. 15. INSOLVENCY. If the Sella shall become insolvent or baltkmpt take an assigmmnt for the benefit of creditors, appoint a comila or trustee for my of the Sellers property, m bmivess, this «der may handbreadthm be meled by be PumM er without liability. 16. GOVERNING LAW. Th, definitions of. ands the wterpretatim afdou agreement new the rights .fall parties hereunder shall be ...oil under aM Sm emed by the laws ofthc State ofColondo, USA. The fallowing Additional Conditions apply only in asses where the Sella is to perform wok hereunder, including the serviers ofSellas Repcesentativgs), on the premises of others. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully compleed and accepted, and shall, in case of any accident, dexametion or injury to the work author mmedals before Sellers final completion and acceptance, complete the work err Sellers own expense end to der satisfaction of to Purchaser. When macanals and equipment we famished by others for installation or erection by the Sella, the Sella shall receive, mind, Mort aM haMle same at the site and become responsible therefor n though such materials mVw equipmat wait being furrtuhed by the Seller under the maker. Is. INSURANCE. The Seller shall, m his own expense, provide for the paym w of woken amnion Lion, including aruplei sew disease benefits, in its employees employed on or in connection with the walk covered by this purchase .rain, and/or to their dependents in accordance with the laws of the state in which the wok is to he done. The Seller shall also wiry comprehensive general liability including, but not limited to, contractual and automobile public imbiliry insurance with Isa ily injury and demh limits of at less) $300,OW for any one person. $500000 for may one accident and property damage limit per accident of $400,000. The Seller shall likewise require his if any, la provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall franlsh the Purchaser with a certificate that such compensation and insurance have ban provided. Such cenifcaces shall specify the Jam when such compensation and insurance have been provided. Such cenifcales shall specify the date when such compenwtien aal insurance expires. The Seiler agrees but such comp,rsionew and insurance shall he maintained until after the atim work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asstmas the aloe responibiliry and liability fro my and all damage, loss a injury army kind or nature whow ever no persam or property mused by or resulting from the execution Grille wok provided for In this purchase ender or in com e... herewith. The Sella will indemnify and held hamiss the Purchaser and any or all of the Purchasers olEcan, agmts and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to prso- or property m which the Purchaser may be put at subject by rasm of any act, Belton, neglect, omission or default on the part of the Seller, any of his conlmmars, or any of the Sellers or contractors officers, agents we employees. In case ay suit or other proceedings shall be brought against the Purchaser, or its d cams, agents or employees at any time on account or by reason of any rot, action, neglen, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby ogees to assume the defense thereof and to defend the sum, at be Sellers oven expense, to pay my and all costs, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents a employees in such suits or other proceedings, and in case judgment a other lien be placed upon or obtained alwaso the property i fth, Purchaser, or said pain in or res a rend, ofsuch suits or other proceedings, the Sella will at once am, the same to be dissolsad wall discharged by giving Ind or otherwise. The Soler and his contractors shall take all safety precmeme. growth and imsll ell guards necessary fro be, pmetttion of accidents, comply with all laws aid regulations with regain] to safety including, but without limioti.n, the Occupational Safety and Health An of 1920 and all roles and targeted. issued pursuant therein. Revised 07n014