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HomeMy WebLinkAbout454045 A-Z SAFETY SUPPLY - PURCHASE ORDER - 3215173Fort Collins Date: 01/12/2015 Vendor: 454045 A-Z SAFETY SUPPLY 1554 RIVERSIDE AVE FORT COLLINS CO 80524-4326 PURCHASE ORDER PO Number Page 3215173 1012 This number must appear on all invoices, packing slips; labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 BLANKET ORDER Safety training 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 20, 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from wam and local taxes. Our Exemption Number is 11, NONWAIVEIC 98-04502. Federal Excise Tax Exemption Car ifivers of Registry 84-61Rg58'/ is m isered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref Colorado Revised Statures 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 of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the warmwas or obligations of this purchase order end shall not be deemed a waiver of any right of the damage in transit may be retumed to you for credit and are not in be replaced except upon receipt of wines Purchaser to insist upon strict performance hereof., any of ors rights w emedies as to any such goods, regardless innret iem, from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the Ciry of Fos Collins inspection on arrival. herrof Find A¢apmnce. Receipt of the membaadise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoriced payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognim than in actual economic practice, overcharges resulting font antitrust ACCEPTANCE is dependent upon completion efalloppllcable required inspection proceduresviolations are in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing but purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise sPecified on this order. If permission is given to prepay height 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 sous pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greamr distance. Perrnits. Seller shall procure at sellers sale con all necessary permits, cerificame and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public suddenly having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against ill liability and loss incurred by them by reason of an aveeved or established violation of any such lash, regulations, ordinances, roles and nequimarmars. Authorization. All parties to this contract agree that the representatives are, in fact bona fide and pages, full and complete audit to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly boom acceptance in the terms and conditions noted herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date w noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaers including without limitation, acceptance of partial lam deliveries, shall operate w a waver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and treatable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall net be liable for damages as a right of delays due to causes net material foreseeable which are beyond its reasonable eenwl and without its fault of negligence, such acts of God, acts of civil or military authorities gnvemmentah Frontier, fires, onloce, Hood epidemics, wars or riots provided than notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the dare of delivery shall be extended for the period equal to the time actually Ion by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods asides materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from any loi damage or expense which the Purchaser may suffer or incur on account of the Sailers breach of warranty, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (0 year or within such longer period of Seem as may be prescribed by law or by the terms of my applicable warrants, provided by rise Seller after the dam of acceptance of due good famished hereunder (acaptmrce nor do be unreasonably delayed), resident, from imperf re, or defective work done or materials furembed by the Seller. Acceptance or au of goods by the Purchaser shall not constitute a waiver of any claim under this warrants. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event incltde loss of profits 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. S. CHANGES IN COMMERCIAL TERMS. The Putchmer may make any changes to due terms, other Ilan legal terms, including additions to or deletions from the quenuues i-einally ordered in me specifications or drawing, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Istirchatc, may at any time by —a- choug. order, teentinene this agreeany or all portions of the goods then not shipped, subject to arty equitable adjustment between the panda as to any work or materials then in progress provided then the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard sock. No such termination shall relieve Nc Purchaser or the Seller of my of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must be assured within thirty (30) days Gam the date the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all goods old feremder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required o be incorporated in agreements of rims character are hereby incorporated herein by this reference. The Seller agrees to indemnify and fold the Purchaser harmless from all oss and damages suffered by she Purchaser as a rend, of the Sellers failure to comply with such law. 9. ASSIGNnffiNT. Neither parry shall assign, transfer, or convry this order, or my monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE, The Seller warrants full, clear and unrewncted tide to the Purchaser for ell equipment materials, and imm, famished in perforenance of this agreement free and clear of my and all liens, resuictions, reservations, security interest encumbrances and claims of others. acquired under federal or state antitrust laws for such overcharges elating o the p rra ular goods or services purchased or acquired by the Purchaur pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puchaser directs the Seller o correct nonconforming or defective goods by a dace to be agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its inability or mtwillingness to comply, the Enchattr may cause the work ed be performed by the most expeditious means available to it and she Seller shall pay all .so mgciated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance watch work. This release shall apply even in the event of fault of negligence of the parry released and shall exceed to the direcora, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed Or waved to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coveted by letter, patent, trademark r copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for Infringement by reason of the use of such patented deign[ device, material or process in connection with the contract, and alWl indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said egdpment or any pan thereof or the intended use of the goods, is in such suit held to consiwte 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 sold equipment or parts, «place the same with substantially equal but noninfringing equipment or modify it o it becomes taninfinging. 15ANSOLVENCY If de Seller shall become Insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee foe any of the Sellers property of business, this order may farrhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be conceded under and govemed by the 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 Representativaby on the premises of others. IZ SELLERS RESPONSIBILITY. The Seller shall awry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, deswction or injury in the work andlor materials before Selleh final completion and acceptance, complete the work an Seller's own expense and to the satisfaction of the Purchaser. When madedals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same in the situ and become responsible therefor as, though such disjuncts eadlor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, 9 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, and/or to their dependants in accordance with the laws of the state in which the work is to be done. The Sel let shall also carry comprchensiW general liability including, but not formed a, cameactual and automobile public moliw insurance ward bably injury and death limos of at least SJUU.CW for any one Person, SSW." for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors if any, to provide for such compensation and insurance Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate then such compensation and insurance have fern provided. Such cernfcao-s shill specify the date ohm such compensation and insurance have heat provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compenation and insurance shall be manmitied oral met the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more esponsibility and liability for my and all damage, loss or injury of any kind or nature whatmever to persons or property caused by or resulting from due execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any or all of cue Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether m pe.a or propeM to which due Purchaser may be put or subject W reason of my act, action, neglect omission or default on the pan of rue Seller, my of his contractors, Or any Of the Sellers or contracors o0icers, agents or employees. In case my suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at my time on accounn or by reason of my azt action, neglect, Omission or default of the Seller of my of his contractors or my refits or their officers, agents or employees as eforesaid due Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, ro pay my and all torts, charges, adomrys face and other expenses my and all judgments then may be incurred by or obtained shadow the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or obtained against the property ofthe Purchases, or said parties in or as a result of such suits or other prumo ings, the Seller will at once cause the same as be dissolved and discharged by giving bond m otherwise. The Seller and his con0actors shall lake all safety precautions, furnish add install all guard necenary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limidatioq the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised FtnW4