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HomeMy WebLinkAbout130887 WORK FITTERS TOOL & SAFETY - PURCHASE ORDER - 3215274Fort Collins Date: 0111312015 PURCHASE ORDER Vendor: 130887 WORK FITTERS TOOL & SAFETY 1554 RIVERSIDE AVE FORT COLLINS CO 80524-4326 PO Number Page 3215274 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: 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 2015 BLANKET ORDER 1 LOT LS 8,000.00 Misc. repair & 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.wrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from sate end lard lazes. Con Exemption Number is 11. NON WAIVER. 98-04502. Faecal Excise Tax Exemption Cmificare of Registry 84-ml)(i ] is registered wild din Collector or Failure of the Purchaser to mist upon Inert Mr.. of the tames and condition hreo, failure m delay to Intend Revenue, Denver, Colorado (Ref. Colorado Revised Sarurn 1973, Chapter 39-26, 114 (a). exercise, any rights or remedies provided herein or by law, failure to promptly twrly me Seller in the event of a breach, the accepnmme of or paMmt fro goods hereunder or approval afthe design, shill not release the Seller of Goods Rejector. GOODS REJECTED due to failure in men specification, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be, dams a waiver of my right of the damage in tram, may he normal to you for credit and arc not to b, replaced except upon receipt of written Purchaser to indent upon mict performance hereof or any of its rights or remedies as m any such good, regardless instructions from the Cory of Fort Collin. of when shipped, received a accepted, as to my prim or subsequent default hereunder, nor shall any purposed and modification or remission of Nis purchase order by the Purchaser operate as a waiver of my of the tents lnspectim. GOODS arc subject to me City of Fort Collin inspection oa arrival, hereof. Final Acceptance. Receipt of the merchandise, services or ex queen in respone an this other can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment no the pas of the City of Fan Collins. However, it is m be understood that FINAL Seller and the Purchaser raomm that in actual economic practice, overcharges resulting mean antitrust ACCEPTANCE is dependent upon completion ofall applicable required iaspeclumprocedma. violations are in fact home by the Purchase. Themome,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mast be F.O.B., City of Fact Collins, 700 Wood St, Fos Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the pmticulm goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill met accomern r invoice. Additional cbames for rockiest will not be treated. Shipment Distance. Where manufacturers have distributing points in various pans of the coentry, shipment is expected from the nearest distribution Point to destination, and excess freight will he demand men Invoice when shipments are made from greater distance. Permits. Seller shall procure in sellers role cost dl va., Fermin, oinifirestes and licenses mounted by all applicable laws, regulation, ordinances and roles of the stale, municipality, fernmry in political subdivision where she week is performed, nr required by my other duly comtiafa public authority havingjaisdiction ova the work of vendor. Seller fuller agrees to hold the City of Pon Collins formal. from and am. all liability end loss incurred by than by mown of an asserted or esmblood violation of my such lows, regulation, ordinmcs, rules and "i irmmnm. Authorization. All parties an this contract agree that the representatives an, in fact, bona fide and posseu fall and complete sulhonty In bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and condition stated herein set forth and any supplementary or additional terms and conditions annexes beam or inm"fified herein by reference. Any additional or different team 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 promised delivery date as nomd. Time is of the essence. Delivery, and performance must be effected within the time acted on the purchase order and the documents anacha hereto. No acts of the Purchasers including, without limitation, acceptance oriented late delivma, shall operate as a waiver fthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of plocing this oMer elsewhere and holding me Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reawnbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGa, area of civil or military mameritia, governmental priorities, fires, strikes, Bond, epidemics, wars or riots Provided that notice of me rendition caning such delay is given no the Purchaser within five (5) days of the time when the Seller first received knowledge than(. In the event of my such delay, the date of delivery shall be extended for the pea equal m the time actually lost by reason of the delay. 3. WARRANTY. The Sella pounds mat all good, articles, materials and work covered by this oMer will conform with applicable drawings, specification, sample ardor other descriptions given, will he f for the purposes founded, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchas r harmless from any loss, damage or expense which the Purchaser may suffer or incur on acount of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults easing within one (1) year or within such longer perind of time as cony be p,c,c,ibtd by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (a cupla m, not to be unreawnnbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute. waiver of any claim under this wamnly. Except as othmwiw provided in this purchase order, the Sellers liability hereunder shall extend to ell damages proximately caused by the much of any of the foregoing wmranlies or gu.at., bur such liability shall m no roam include loss of profs 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 change m legal temp by women change area. 5. CHANGES IN COMMERCIAL TERMS. The Pumhoner may make any charges to the farm, other than legal terms, including addition to or deletion fmm me quantities ongirmly ordered io the spaeifealmas or drawings, by venal or wrinrn change order. If any such change aRecm the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pardoner may at any time by written change order, tammucce this agreement m 1. any or ell ponoms of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials men in progress provided that die Purchaser shall not be liable for any claims fur anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor or the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within marry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have hen produced, sold, delivered and famished in strict compliance win all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All bus and regulation required in be, ncoryoreted in agreements of this character are hereby incertitudes] herein by this mfermce. The Sella agrees to indemnify and hold the Perchance hamdeas from all casts and damages suffered by me Purchaser as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither ready shall assign, transfer, or convey this order, or any monies due or to become due hereunder warned me prior written cement of me oMer party. 10. TITLE. The Seller warrants full, clear and unrestricted title no the Purchaser for all equipment, mammals, and items fumishcl n performance of this agreement. Bee and clear of any and all liens, restrictions, reservations, security interest mandameas and claims aromas. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifihe Purchase, do.. the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller and me Seller memefter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to i, and the Seller sball pay all mats mucima wink such work. The Seller shall release the Purchasor and its contractors of any tier fmm all liability and claims of my nmre resulting fmmthe pert of such work. This release shall apply even in the emm of fault of negligence of the Parry released and shall extend le the directors, otLcers and employces of such panty. The Sellers commuctual obligation, including warranty, shall not be deemed to be, reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever floe Seller is required to use any design, device, material or Wocess covered by letter, paten, trademark EmTh pydgln, e Sena shag indemnify and save hamaess the Purchaser from any and at claims for infringement y reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Puchaser for any cos, expense or damage which it may be obliged m 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 vie of she good, is in such suit held to con fille infringement and fie use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right to common using said equipment or pans, replace The same with substantially and but nonirritating equipment, or modify it so it becomes morinMnging. I S.INSOLVENCY. If the Seller shall become insolvent or bankmpL make an assignment for the benefit of creditors, appoim a remewer or trmfee fro any of the Sellers pmpeny a tininess, this orkr may fOnhwlth b, canceler by the Purcbaxa with rid liability. 16. GOVERNING LAW. The definitions efficient via in the interpretation of the agreement and flee rights are][ parries beta nder shall be cmamted under and govemed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in taus where the Sella is to perform work hereunder, including the services of Sellers Representafive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully completed and accepted and shall, in case of any incident, destruction or injury to the work andor materials before Sellers final completion and acceptance. complete the work a Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for inallation or erection by the Sella, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such marciii andor equipment were being famished "a Seller under the order. 18, INSURANCE. The Seller and, at has own experme, provide for the payment of workers campenaton, including occupational disease made. to its employees employed on or in mmm elim with the work covered by this purchase order, aramn to their dependents In averment, ,in the laws of the state In which the work is of be done. The Seller shall also carry comprehenive general liability including• but not limited to, mnrcaztual and automobile public liability insurance with bodily injury and death limits of at fair S300.000 for any one person. S5011000 for any are accident and property damage limit per accident of SM0,000. The Sella shall likewise require his commemrs, if any. to provide for such mmpenation and insurance. Were any of the Sellers or his contractors employees shall da any work upon the premises of others, me Seller shall famish the Purchaser wilt a calif rate that such compensation and insurance have been provided. Such cenlficams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such comp nxntion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire ne,mnsibilay and liability for any and all damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting man the execution of the work provided for in this purchase order or in connection werivim. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchasers officers, agents and employees fee. and again, any and all claims, losses, damages, in or expenses, whether direct or reduce , and whether to paxom or pmpaty, is which the Purchaser may be put or subject by mown of any act, action, neglect, omission or default on the pan of the Sella, any of has contractors, or any of the, Sellers or contractors officers, agents or employees. In taw any suit or other ponmaingn shall he brought against me Purchaser, or its officers, agents or employees at any time on receptor or by sawn of any act action, neglect, omission or default of the Sella of my of his contractors or any of its or their officers, agenm m employees as aforesaid, the Sella hereby agrees to assume the defense doctor and in defend me same at the Sellers own expense, to pay any and.11 ream, charges, aromeys foes anal oMer expenses, any and all judgments mat may be umtured by in obtained against the Purchase, or any of its or their officers, agents or employees in such suits or other proceedings, and in c.5e judgement or other lien be placed upon or obtained against me property, of the Purchaser, or said parties in or as a result oftech suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall calm all safety Interaction, famish and install all parents necessary for me prvention of accidents, comply with all laws and regulation with mpol to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thumm. Revised 07I2014