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HomeMy WebLinkAbout328717 ANKMAR DOOR INC - PURCHASE ORDER - 9141281PO PURCHASE ORDER 9141281 Page City of PURCHASE 41281 1 of z ' `t Collins/ his number must appear ` v " 1 1 on all invoices, packing �slips and labels. Date: 02/27/2014 Vendor: 328717 Ship To: ELECTRIC UTILITIES ANKMAR DOOR INC CITY OF FORT COLLINS 4200 MONACO ST 700 WOOD ST DENVER CO 80216 FORT COLLINS CO 80521 Delivery Date: 02/27/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price BUILDING MAINTENANCE SERVICES 1 LOT LS 21,317.00 ACR/63995 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 Total Invoice Address Vasil. City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax eaemptions. By smtme the City of Fan Collins is exempt fmm annelid Imal man. Om Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Follow of the Purchaser to insist upon strict performance of the temu and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Su,otes 1973, Chapter 39-26, 114 (a), exercise any rights or retaedies provided herein m by law, failure to promptly clarify the Seller m the event of a breach, the acceptance ofor paymm for good hereunder or approval offe design, shall not release the Seller of Goods Rejata. GOODS REJECTED due to failure to men specifications, either whim shipped or due to defiats of any of the warranties or ebliguninns of this purchase order, and shall runt be deemed is waiver, of any right of fe damage in mansil, may be retmnal to You for credit aM are nor a be eplaced except upon receipt of written purchaser to insist upon strict almourmbe hemofor any of its rights or manages as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, in to any prior or subsequent de elt hereunder, nor shall any pmpona anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of rise terms Inspahm. GOODS are subject m fire City of Fan Collins no,wer an on consul. haeaf. Final Accepance. Receipt of fie merchandise, services or equipment in respon, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in scowl a m a is practice, overcharges resulting frommust ACCEPTANCE is dependent upon comb plbionofall applicalerequiree d inspection pmrdoss. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase older, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Iarms Shipments must be F.O.D., City of Poo Collins, 700 Wood St., port Collins, CO 80522, unless acquired under federal or shale wallow laws for such overcharges relating to the particular 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 older. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pairs in us pans of the coumry, sltipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the expected floor the newer distribution point to demiwlim,, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser shipments are made fmm greater disuna. may cause the work m be performed by the most expedition mean available to it, and the Seller shall pay all carts vssacimed with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificmes and Iicewes requited by all applicable is., regulations, ordinances and roles of the sure. municipality, territory or political subdivision where the work is performed, or aquima by any other duly emotional public authority having jurimictio , over the work of vmaker. Seller further agrees b hold me City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or establWa violation of any such laws, regulations, ordinances, roles and requirements. Atubmi.ion. All panics to this contact agree, that the represenutives are, in fact. bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits accepance to me terms and conditions sueed herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different arms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make compime shipment m move on your promised delivery, late us noted. Time is of the ,scorn Delivery and perfmamce most be effected within the time stated on the purchase order and the documents attached hereto. No is of the Purchasers inoludiou without limitation, acceptance ofµ trial late delivence, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere and holding the Seller liable for damags. However, the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foresaable which are beyond its reasonable control and without its fault of negligence, such rss of God, acts of civil or military authorities, gove marmal guerillas, floes, strikes, Good, epidemics, wars or riots provided that notice of fe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella fro received knowledge thereof. In me event of any such delay, Ile date of delivery shall he extended far the proud egwl as the into ab adly Ins, by mason of the delay. 3. WARRANTY. The Sella wenants mar all goods, articles, matmuls and work rowed by this order will nonfarm with applicable drawings, specifcmions, samplcs and/or other descriptions giver, will h fir fro me purposes intends, and performed with the highest degree of care and competence in accopance with accepted standard for work of a similar mature. The Seller agrees to hold me porchaser hamtless firma, any loss, damage or expense which me Purchaser may sufferer incur on acount oldie Sellers breach of warranty. The Seller shall replace, refuse or make good, without cast to the purchaser, any defects or faults arising within one (I) your or within such longer peril of time as may be prescribed by law or by the terms of may applicable wamamy provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from impafbut or defective work done or materials thrummed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of prof,, or loss of use. NO IMPLIED WARRANTY OR MERCHANT' AD ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tens by written change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m fire reme. ofer, than legal tams, including Wdilims to or deletion from me quanlitier originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or me time ofprfomssnce heearder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdnen change maker, terminate this agreement n m any or all portion of fie goods then not shipped, subject to any equitable ajnrment between fie parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated grafts on me uncompleted portion of the good and/or work. for incidental or consequential damsgn, and Out am such adjustment be made in favor of the Seller with rapal m any good which are the Sellers standard rat. No such retmiwtion shall relieve the Purchaser or me Seller of nay oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment onus, be asserted within arty (30) days fmm the date me change or becomm on is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants mar all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliana will, all applicable laws and regulation to which the goods are subject Tim Seller shall execute and deliver such documents as may be required m Oficut m evidence compliance. All laws and regula0ons required to b, ncaTmord in agreements of this chamber are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hatmless from all costs and damages suffered by the Purchaser n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this out many monies due or to become due hereunder without the prior madden comer of the omen pony. 10. TITLE. The Sella waeanaa full, clear had utuatricta tide w Ore Purchaser for all equipment, materials, and it. fiuoished in "form. of this li eem uch free adi clear of any and all lien, restrielims, reservriras, sa comity intern, encumbrances and claims ofothcrs. The Seller shall release the Purchaer and its contractors of any tier floor all liability and claims of any venue resulting from tie performance ofsuch work. This release shall apply even in me event of fault of negligence of me party released and shall extend to me directors, oRcers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not h damed to he reduced, in any only. because such work is performed or caused 10 be prformed by me Purchaser. 14. PATENTS. Whenever, the Seller is required to use easy design, device, material or process coverer by letter, parent, trademark r copyright, the Seller shall indemnify and save hmmless fe Purchaser from any and all claims for inGngemeat by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pirodamr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement m my time during the prosecution or after me completion of the work. In clue said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or part 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 egwl in matinfringing equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. if fc Seller shall become insolvent or handsome, nuke an assomano nt far me bensfit of creditors, appoint a or we for any of the Sellers property biomass, bwass, this coda may forthwith Is, coweels by the Purchaser without liability. 16. GOVERNING LAW. The definitions offe. used w the imerpremtion of fe agreement and me tights ofall ponies hereunder shall be corewa under and Revealed by Ore laws ofine Sure of Colorado, USA. The following Addriatul Condition apply only in coses where me Sella is m perform walk haeuvda, including me servicesof Sellers Represenutive(s), on me premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall any oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury m the work narrow materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When mmerials and equipment are famished by others for intallalion or station 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 rquipmenl were being 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 employas employed on or in connection with the work covered by this purchase order, awful to their dependeass in accordaace with the laws of the state in which the work is to he done. The Sella shall also carry compchenive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of STOg000. The Sella shall likewise esquire his c ommarmrs, if vny, to provide far such mmpancrolon antl worms nce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f ish me Purchaser with a certificate Nat such compensation and insurance have been provided. Such cawifirates shall specify thr date when such compensation and insurance have been provided Such anifcatn shall specify the date what such compnsation and insurance expires. The Sella agrees that such compeucotion and insurance shall be mwinmined until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller l achy assumes the entire responsibility, and liability for any and all damage. loss or injury army kind r nature whatsoever m persons or property, cross by or resulting from the cxrcutio , of the work provided For in this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employee fmm and agains, 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 pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or .,her proceedings shall be brought against the Purchaser, or its officers, agents or employers many time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employers in aforesaid, the Sella hereby agrees m assume the defense thereof and to defend me same at the Sellers own expense, to Pay any and all cows, charges, attorneys fees end other espenses, any and all judl gra nts that may he incurred by or obtains against the Purchaser or any of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon w obuinrd against me properly of fe Purchaser, or said parties th or as a result of inch suits or office proceedings, me Seller will at once cause the same m at dissolved arm discharged by giving bond or otherwise. The Sella and his contractors shall take all away precautions. fitttish and instill all guards necessary far the prevention of accident, comply with all laws sad regulations with regard ao safety including, but without limitatom, the Occuµlioral Safety and Health Aar of 1970 and all rules and regulations found pursuant themes. Revised 03R010