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HomeMy WebLinkAbout398103 B & W GLASS INC - PURCHASE ORDER - 9111699�Cijt'yofCollins I PURCHASE ORDER 9111699` Page Fort COIL' n s This number must appear v Ion all invoices, packing slips and labels. Date: 03/24/2011 Vendor: 398103 Ship To: OPERATIONS SERVICES B & W GLASS INC CITY OF FORT COLLINS 2200 E 15TH ST 300 Laporte Avenue CHEYENNE Wyoming 82001 Building B FORT COLLINS Colorado 80521 Delivery Date: 03/24/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Window Replacement atCity Hall 1 LOT LS 93,190.00 Oper Services Share PER TERMS AND CONDITIONS OF BID 7198 AND AGREEMENT DATED FEBRUARY 25, 2011. 2 Construction Services 1 LOT EA 50,000.00 Utilities Portion �2. 0ik;-Qe.;7— City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total $143,190.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenor and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. , Tax exemptions. By statute the City of Fan Collins is exempt from stae and local fazes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failum of the Purchaser to insist upon strict performance of the cart and conditions hereof, failure or delay to lutenist Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 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 afar payment for goods herermder or approval ofthe de ign; shall not rclensc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de&ets Of any of the wammies ar obligations of this purchase Order and shall net be deemed a waiver affray right Of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser so insist upon strict performance hercofor any of its rights or remedies as to anv such goods, rs gardlc< instructions from the City of Port Collins. of when shipped, received or ncccptcd, as loony prior or subsequent default hereunder, nor shall any purported oral modification at rescission of this purchase order by the Purchaser operate as a waiver of any of the term Inspection. GOODS are subject to the City of Fors Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in respanse in this mder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Frost Collins. However. it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anlitarst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vialmions are in fact brim, by the Purchaser. Theretnforc. for good cause and as consideration for executing this purchase order, the Seller hereby assigns so 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 Wand St., Fog Collins, CO $0522. unless acquired under federal or state antitrust Imvs for such overcharges refuting to the particular goods or services othrnwise specified on this order. If permission is given to prepay frcighl and charge separately, the original frcighl purchased or acquired by the Purchaser pursuant to Ih is purchase order. bill must accompany invoice. Additional charges for packing will not be accepted.; ' 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the PurchaseT directs the Seller to career noneonfomaing err defective gemds bear date io be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability, Or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to be performed by the moss expeditions means available to it, and the Seller shall pay all costs associated.vith such work. Permtls. Seller shalt procure at sellers rule cost all necessary permits. cenificxms and licenses required by all applicable laws, regulations, ordinances and rates of the sate, municipality, territory or political subdivision where the work is performed. at required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hamrlm from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. The Seller shall release the Purchaser end its contractors of any tier from all liability and claims Of any nature resulting front the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors, officers and employees ofsuch party. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full end The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in Toy way. because complete authority to bind said parties. such work is performed or caused lobe Performed by the Purchnsct. LIMITATION OF TERMS. This Purchase Order exprcs ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hciea or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complctc shipment to arrive on your promised delivery date as noted. Time is of the essence Delivery and performance must be effected wdthin the time sated on the purchase order and the documents attached hucto.,No acts of the Purchasers including, without limitation, acceptance ofpanial laic deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase shall have, in addition to other legal and equitable remedies, the option afplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes sot reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast reecived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the lime actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles. materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accardancre with accepted standards for work of a similar name. The Seller agrees to hold the purchaser harmless from any loss, damage at expense which the Purchaser may suffer err incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the lean -a ofany, applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance net in be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthc foregoing warranties or guarantees. but such liability shall in no event include loss of profits or loss ofuu. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaur may make changes to legal term., by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changesle to the tex. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due Or the time ofper(omance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvid,d that the Purchaser shall not be liable fat any claims for 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 of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thim.(30) days from the date the change or tcmrinatinn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaur harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. - Ncither party shall assign. Transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Sella warrants full, cicarand unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. — Whenever the Seller is required to use any design, device, nmterial or process covered by lent. patent, trademark ar copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such Infected design, device, material at procec in connection wish the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by moron ofsuch infringement at any time during the prosecution or after the completion n(the work. In case said equipment. or any pan thereof of the intended use of the goods, is in such suit held so constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. ant its own expense and at its Option, either procure for the Purchaser the right to continue using said equipment or pans, mplaee the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemms used ar the interpretation a(Ihc agreement and the rights ofall parties hereunder shall be construed under and governed by the Imvs of the Ssatc of CNomdo, USA. The following Additional Conditions apply only in cases %there the Seller is to perform work hereunder. including the services of Scllcrs Represcntative(s), on the premises o(othcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the smisfaaian of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were bring famished by the Seller under the order. 18. INSURANCE. The Seller shall, at 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 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 death limits of at least S300,000 for any one pens. on, S500.000 far any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such eompensasim% and iusuance. Before any of the Sellers or his contractors employees shall do any work upon the prcmiscs ofothcm, the Seller shall famish the Purchaser with a certificate that such compensation and insumnee have been provided. Such certificmcs shall specify the dale 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 be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from she execution ofthe work provided far in this purchase order at in connection herewith. The Seller will indemnify and holdharmlcss the Purchaser and any or all Of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. Charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect. omission or default on the part of she Scllcr, any of his contractors, at any of the Scllcrs or contractors officers. Agents or emplayccs. In case any Suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any act, action, neglect. omission of default of the Seller of any of his conMmIti s or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by at obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be r issol cd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitalion. the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010