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HomeMy WebLinkAbout499279 WORK WEAR SHOE & SAFETY - PURCHASE ORDER - 3215275Fort Collins Date: 01/13/2015 Vendor: 499279 WORK WEAR SHOE & SAFETY 4952 E 62ND AVE SUITE 1 COMMERCE CITY CO 80022 PURCHASE ORDER PO Number Page 3215275 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 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 1 2015 Blanket P.O. Safety boots 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.com 1 LOT LS 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. COMMERCIALDETAILS. Tax eumptimes. By statute the Ciry of Fon Collins s exempt from stare and local taxes. Our Exemption Number is I I. NON WAIVER. 98414502. Federal Excise Tax Exemption Cmificae of Registry 84-6000587 is registered with the Collector of Failure of the Frichun to insist upon stria performance of the terms am conditions bereaf, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or temndies provided herein or by law, failure to promptly carp the Seller in the at 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 bilureto meet specifications, either when shipped m due to defects of any of the x'armvtie air nbligations of this purthax order and shall .l be demando waiver of any right of the damage in transit, may be rammed to you for credit and are Out to be replaced except upon receipt of wimen purchaser to insist upon strict Performance h omfor any of is rights or counties as many such goods, regardless instructions form the City of Fan Collins. of when shipped, received or werytW, as to any prior or subsequent default hereunder, am shall any purport oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Too Collins inspection on aMval, hereof Final Acceptance. gneiss of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized Payment oa the pan of the City of Fort Collins. However, it is to be undersboel that FINAL Seller and the Fm<haar recognize that in new[ economic practice, oveh rcarges resulting Be. antitrust ACCEPTANCE is dependent optical completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fogood cause and as emoidearow for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments must be F.O.B., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or service otherwise specified on this order. If permission is given to prepay bright and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill must accompany invoice. Additional charges Enameling will not be accepted. PURCHASERS PERFORMANCE SOBgin Shipment Where manufacturers in various parrs of country, shipment all is have distributionationad detONS. Ifthe nhad Musts m countnonconforming or detective goods by a dategness to h agreed uPon by the m destiv,ian and excess freight will be Jedudnd from Invoice when r.. the .a card ducand farm the neurear a he Seller d the Seller to comply, the Purchaser and he and the Seller thereafter indicates its meanry or cable shipment ce. realer distance. shipments me male from greater distance. shall nd by the most expeditious means available to it, and the Seller shall pay all may cause the work to be to pay all work to ark. costs azsaiatnd with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, cenificates and loocrr s required by all applicable laws, regulations, ordinances and roles of the state, municipality, terieary or political subdivision where Me work is performed, or required by any other duly corslituted public authority having jurisdiction over the work of vendor. Seller Burden agree Ip hold the City of Fon Collins harmless form and against all liability and loss incurred by thrm by reason of an asserted or established violation of any such laws, regulations, ordiwaes, roles mad requirements. Authorization. All panic an this contract agree that the representative are, in fact, bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and wnditions sated herein act Toth and any supplementary or additional terms and conditions annexed 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 ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be eHnled within the time stated on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial L re deliveries, shall operate as a waive, of this provision. In the even of any delay, the Purchaser shall have, in addition to other legal am equitable remedies, he option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a roil of delays due to cauws not reasonably foreseeable which as beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil O, military authorities, govomm.tal priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice .1 be conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller fiat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all grads, uncles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the Purpose intended, and pnif ormed with the highest degree of care and .mpetence in rvowdwce with accepted standards for work of a shall. rwtue. The Seller agrees an held the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account ruffle Sellers breech of wmanty. The Sella shall replace, repair on make good, without cost m the pumhawa any defects or faults arising within one (1) year or within such longer period of time az may be prescribed by law or by the rams of any applicable want provided by the Seller after the date of acceptance of the goods Banished hareunner (acceptance not to be unrasonabty delaynd), resulting form mountain or defective work done or materials Burnished by the Seller. Acceptance or use of goods by the Puahasef shall not constitute a waiver of any claim under this woraury. Except as otherwise provided in this purchae older, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gu..at., but such liability shall in no event 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 changes to legal bourn by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other Nan legal berms, including additions to or deletions from We mmnWies oriyio:dly ordered in the specifications ce drawings, by venial or a rown change order, If any uch change affects the anbount due or the time ofperinc once hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchroar may at any time by written change order, terminate this agreement as a Tany o all Famous of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Puncheon shall not be liable for any claims for anticipated prints on the uneompleted portion of the goods suffer work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with ampect to any goods which are the Sellers standard stick. No such termimtion shall relieve the Purchaser or the Seller affray of their obligations az to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment toast be asserted within thirty (30) days form the date the change or lamination is odered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold M1ertundn shall have been produced, mid, delivered and fumishnd do .at compliance with all applicable laws and regulation to which the goods arc subject. The Seller shall execute and deliver such daumrnts as may be required to effector evidence compliance. All laws and regulations required to be ncomen tad in agreements c f this character are hereby incorynmted herein by this reference. The Seller agree to indemnify and hold the Function harmless form all costs and damages suffered by the Purchnsn as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or my monies due or to become due hereunder without he prior written consent fthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title in the Purchaser for all equipment, materials, and items fuaishel In Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security immes, recombination and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party re]essnd and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including wasmnry, shall not be deemed to be reduced, in any way, because such work is saformW unsaid to be pnformnd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, desire, material or process covemi by leneq patent, wait.& in copyright, the Seller shall indemnify and save harmless the Pmchasn form any and all claims for infringement by reason of the use of such patented design, device, material or process in emmnecton with the contract, and shall indemnify the Purchaser for any cost, expense or done, which it may be obligW m Pay by reason of such infn'ngement at any time during the psnulion or alter the completion of the work. In case .id equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the ase 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 equipment or pans, replace the same with substantially capital but comminuting equipment, or modify it so it becomes naninfringing. 15. RJSOLVENCY. If the Seller shall become insolvem Or bankrupt, make an assignment for the benefit of creditors, appoint a Pucor trustee for any of the Sella property or business, this order Trey forthwith be canceled by the hican without liability. 16. GOVERNING LAW. The definitions of tents and or the interpretation ofthe agreement and the rights of all parties hereunder shall be orastmed muter and governed by the laws of the State ofColoadex, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellars Rapresentative(s), oa the premise affmhem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same 6 tiny completed and arceprM, and shall, in ruse of any accident, d<suation or injury to the work unfair materials before Sellers Fare] completion and anreptanre, complete the work at Sellers own expense and in the satisfaction of the Purchaser. When materials and agdpwwd are fmishnd by offers for installation or erection by the Seller, the Sella shall receive, named, slow and handle same at the site and become responsible therefor as though such materials andor equipment were being [Iumisbed by the Seiler undn the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occup tional disease benefits, to its employees employed an or in connection wif the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dealt' limits of at Insc $3W,000 for any one person, $500,000 for any one accident and property dairm, limit per accident of $400,000. The Seller shall likewise require his a inacmrs, if any, to provide for snch compensation and insurance. Before any of the Sellers or his contractors employees shall do any work Olson the premises of others, the Seller shall furnish the Pmchuer with a certificate that such compensation and insurance have been provided. Such cenificates 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 compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ase. the entire responsibility and liability for any and all damage, loss or injury afrny kind in retae whasaver to pnows or pmpmy caused by or resulting from the execution of the work Fission] for in Ms purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchasn and any or all of the Pmchuer officers, oilers and employees form and against any and all claims, losses. damage, charges or expenses, whether direct or indirnt, and whether to persons or property, to which the Purchaser may Is, put or subject by fawn of my act, action, neglect, omission or default oat the Pan of the Sella, any of his .utra,ors, or any of df Sellers m commeti rs officers, agents or employees. In case any soil of other pmrend rp shall bd brought against the Purchaser, or its officers, agents or employees at any time on account or by mown of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their olfmcars, agents or employees as aforesaid, the Sell,, hereby agree m assume the defense thcrtaif and to defend the ounce at the Sellers awn expense, to pay any and all costs, charges, aromeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such was or other proceedings, and in case judgment in other lien be placed upon or obsinN against the property of the Purchase, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to h<dissolved and discharged by giving bond or otherwise. The Seller and his .rnnanors shall lake all safety precautions, furnish and install all gumf, necessary for the prevention of ecidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occnpatimal Safety and Health Act of 1970 and at I roles and regulations issued pursuaut thereto. Revised 07I2014