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HomeMy WebLinkAbout103609 SAFETY & CONSTRUCTION SUPPLY INC - PURCHASE ORDER - 3215158Fort Collins PURCHASE ORDER Date: 01/12/2015 Vendor: 103609 SAFETY & CONSTRUCTION SUPPLY INC 5590 JOLIET ST DENVER CO 80239 PO Number Page 3215158 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 MISC 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:purchasing@fcgov.com 1 LOT LS Total Pay terms net 30 days Invoice Address: 10,000.00 GA] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 flommizaelitim •aa art Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is 98fW502. Federal Excise Tax Exemption Cenifices, of Registry 84-60W587 is registered with the Collector of Imemal Revenue, Denver, Colorado (Re. Colorado Revised Surges 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure of meet specifications. either Am shipped or due to defeaus of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of women instmnions from the City of Fon Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood Man FINAL ACCEPTANCE is di p ardent upon completion iefall applicable required inspection procedures. Freight Terms. Shipments most be EO B. City of Fort Collins, 900 Wood St, Fort Collins, CO $0522. unless otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will Out be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess Tonight will be deducted from Invoice when shipmmu tie made from grainer distance. Permits. Seller shall procure at sellers sole con all necessary pemdns, comficatas and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, temtory or political subdivision where Me work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Fog Collins harmless from and against all liability and loss enderred by room by reason of an anowed or established violation of my such la, regulations, ordinances, rules wsrequirements Authorimrion. All parties to this contract agree Mat the representatives are, in fan, bona fide and possess full and complete auhiory to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance on Me moots and conditions siged herein set forth and my supplementary or additional reruns and conditions amexed 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 if you canna make complete shipment to arrive on your promised delivery date as noted. Time is of Me assencx. Delivery and perfomhmce most be effected within the time Hazed on Me purchase order and Me documents attached hereon. No acts of the Purchasers including without limiudon. accrotance of partial late deliveries, shall operge as a wdwr of this provision. In he evens of any delay, Me Purchaser shall have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere and holding the Seller liable for damages. However, Me Seller shall not be liable for damages as a rauh of delays due to causes not reamormly foreseeable which are beyond its reasonable control and without its fault of negligence. such and of God, acts of civil or military authorities, governmental priorities, fires, strikes, rood, epidemics, wars or noes provided that notice of Me conditions causing such delay is given to Me Purchaser within five (5) days of Me time what Me Sella first received knowledge thereof In Me event of my such delay, Me dare of delivery shall be extended for Me acned equal to Me time actually Ion by reason of the delay. 3. WARRANTY. The Seller mange cut all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other dewnptions given, will be fit for the purposes intended, and performed wIM the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless 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 purchaser, my defects or fa he arising within one (1) year or within such longer period of time as may be pracrbed by law or by Me terms army applicable warranty provided by the Seller after Me data of arcepwwe of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imparfm or defective work done or materials furnished by Me Seller. Acceptance or sex of goads by Me Purchaser shall net constitute a waiver of any claim under this warranty. Except w otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of Me foregoing warranties or guarantees, but such liability shall in no event include loss of prchis or loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the heaths other than legal terns, including additions m or deletions from the quest Originally ordered in the specifma r drawvingy by verbtl or orgain change Orden If any such change affects Me amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any, time by wdum change order, terming¢ this agreement as to my or all ponimme of Me goods Men not shipped, subject to my equitable edjumnmt betgern the parties as to my work or matenals Men in progras provided but Me Purchaser shall not be liable for my claims for anticipated profits on Me uncompleted portion of Me goods mdlor work, for incidental or consequential damages, and that no wor adjustment be made in favor of Me Seller with respect to any goods which are Me Sellers nmdaN stock. No such termination well relieve the Purchaser or the Seller of my of Met obligations as to my goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be mosened widin thirry (30) days from Me date Me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Mat all good sold hereunder shall have been produced, sold, delivered and fumished in stna compliance with all applicable laws and regulations to which Me goods are subject. The Seller shall extreme and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements offirs character are hereby incorporated herein by his reference. The Seller agrees to indemnify and hold he Purchaser harmless from all costs and damages suffered by Me Purchaser as a result oldie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without Me prior written consent of Me 9Met parry. IO. TITLE, The Seller wanted full, clear and unrestricted tide to Me Purchaser for all equipment, materials, and items fumished in performance of this agreement free and clear of my and all liens restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of Me Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach�my acceptance ofor payment for goads hereunder or approval ofthe design, shall not release Me Seller of my of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or my of its rights or remedies as be my such good, regardless of when shipped, received or aaepted, as to any prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser upward m a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and Me Purchaser remgnim that in actual e c practice, overcharges resulting from arguing violations are in fact home by Me Pmchaur. Theretoforfor good cause and as consideration for exacting this purchase order, the Seller hereby assigns to the Purehaer my and all claims it may now have or hereafter occurred under federal or mute mtitrust laws for such overcharges relating be the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by Me Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meets available to it, and the Seller shall pay ill was asmciared with such work. The Seller shall release the Purchaser and its coaracmrs of my tier from all liability and claims of my 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 Me directors, officers and employees of such parry. The Sellers contractual obligations, including mrmnry, shall not be deemed to be reduced, in any way, because such work is performed or wowed to be performed by Me Purchaser. 14, PATENTS. Whenever Me Seller is required no use my design, device, material or praas covered by letter, patent, trademark or copyright, Me Seller shall indemnify and save harmless the Purchaser from any and all claims for infnn,mang by reason of Me use of such patented design, device, material or process in connection with Me contract, and shall indemnify Me Purchaser for my con, expense or damage which it may be obliged to pay by reason of such infringement at my date during Me prosecution or after Me completion of Me work. In case said equipment, or my pan thereof or the lowered use of Me good, is in such suit held m connimre inGngehnew and the use of mid equipment or pan is enjoined. Me Seller shall, at its own expense and at its Opium, either procure for Me Purchaser Me right to continue using sold equipment or pant, replace Me same with subamually equal but nownfringing equipmaq or modify it so it becomes aninftinging. 15. INSOLVENCY. If Me Seller shall become insolvent or bankrupt, make an assignment for Me benefit of cradles, appoinn a receiver Or trustee for my of Me Sahara groperry or business, this order may forthwith be canceled by Me Purchaser without liability. 16. GOVERNING LAW. The definitions of tenets used or the interyremdan of the agreement and de rights of all parries hereunder shall be construed under and governed by Me laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representativefs), on the premises creature 17, SELLERS RESPONSIBILITY. The Seller shall cany as said work an Sellers own risk until the same is fully completed and accepted, and shall. in tau of my accident, dmrvction or injury to Me work incisor materials before Seller's final completion and acceptance, complete Me wok ar Sellers own expanse and to Me rarefaction of Me Purchaser. When materials and equipment are famished by others for installation or erection by Me Seller, Me Seller shall receive, unloed. store and herdic same at Me site and become responsible therefor as though such materials and/or equipment were being fumished by Me Seller under the order. 18. INSURANCE. The Seller shall, at his own emmse, provide for Me payment of workers compegration. including, Occupational disease aware, to its employees employed war or in connection wish Me work covered by dus purchase order, andior to their dapmdmts in accordance with Me laws of Me sate in which the work is to be done. The Seller shall also carry comprehw5ive general liability including but not limited to, controverted and automobile public liability insurance wim trolly -fury and death limits of at least 5300,nW person. SOg000 for my one rson. Sfor tiny one occident and property damage limit per accident of W00,000. The Seller shall Ilkewise require his if my, to provide for such compensation and in e. Before my of Me Seller or his contractors employees shall do my work upon the premises of orhers, Me Seller shall fumish the Purchaser with a certificate Mat such comminution and insurance have beat provided. Such c rtifica a shall specify the date Am such compensation and insurance have been provided. Such certificates shall yom ify Me dam Am such compensation and inswmce expire. The Seller agrees that such compensation and insurance shall be maintained until after Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me entire responsibility and liability for my and ell damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Me Purchaser and my or all of Me Purchasers officers, agents and employees from and against my and all claims, losses, damages charges or expenses, whether direst or indirect and whether to pawns or property as which Me Porringer may be put or subject by reawn of my act, action, neglect omission or default on Me pan of Me Seller, my of his contractors, or my of Me Sellers or contractors officers, agents or employees. In cage my suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees in my time m account or by reason of my as, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to defend Me same at Me Sellers own expense, to pay my and all costs, charges, attorneys fees and other expunges, my and all judgments Mat may be incurred by or obtained against Me Purchaser or my of its or heir officers, agrors or employees in such said or other proceedings, and in case judgment or other Jim W placed upon or obtained against Me progeny of the Purchaser, or said parties in or as a result of such suits or other proceedings, Me Seller will at once mesa Me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Finnish and install all guard necessary for Me prevention of accidents, comply with all laws and regulations with regard to safety including but without limimtion, Me Occupational Safety and HeaIM Act of 1970 and all rules and regulations Issued pursuant thereto. Revised 07R014