HomeMy WebLinkAbout536090 COLORADO METAL MFG LLC - PURCHASE ORDER - 3214388Fort Collins
Date: 05/02/2014
Vendor: 536090
COLORADO METAL MFG LLC
903 BUCKINGHAM ST
FORT COLLINS CO 80524
Delivery Date: 05/02/2014
Note
PURCHASE ORDER
PO Number Page
3214388 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Line Description Quantity UOM Unit Price Extended
Ordered Price
Metal Supplies 1 LOT LS 5,000.00
Annual
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.00m
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Condit HIS
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collins is exempt firing state and local taxes. Our Exemption Number is
11. NON WAIVER.
9R(k 502. Federal Extra, Tax Exemption Cenificme of Registry 84-6000587 is regismred with me Collector of
Failure of the Purchaser to insist upon strict performance of the to as and conditions hereof, failure or delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
evericim any rights or remedies Provided herein or by law, failure i, promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goads hereunder or appear, nl ofthe design, shall not release me Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due go defects of
any of me wanantm, or triple. of this mcclux a order and shall not be doumd a waiver of any right of the
damage in uanit, may Ise reported eo you for credit and me not to be replaced except upon receipt of written
purchaser m insist upon surer performance hereof or any of its nigh or remedies n to any such goods, regardless
instruction from the City ripen Callim.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpaned
end modification or rescission of this purchase order by the Purdnaer operate as a waiver of any of the terms
Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merelmndise, services or equipment in response 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 slut FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from moimsst
ACCEPTANCE is dependent upon completion of all applicable required inspection pnxdum. violations are in fact home by the Purchaser. Thermoform, for good cause and ss consideration fro executing this
purchase order, the Seller herby assign to the Purchaser any and all claims it may now have ar hereafter
Freight Terms. Shipments must b, F.O.B.. City of Fort Collins. TRI Wood SL, Furs Collins, CO 80522, It, acquired ando Ideal or seem antitrust laws for such overcharges relating to the particular goods or s rnmes
otherwise specified an this wade(. Dpermission is given to prepay freight and charge separately, the original freight pmchued or acquired by the Purehaver pursuant to this purchase order.
bill meat accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where maingfro<tarms move distributing point in various pare,, of the country, shipment is If the Purchaser directs the Seller bwrrtct nonconforming or defective goods by a date to be agreM upon by the
expected from the nemnt distribution paint to destirutiwn, and cress, freight will be, deducted firm bounce when purchaser and the Seiler. and the Seller therea0n indicates its irabdily or unwillingness to comply, the Pmchaso
shipments are made from greater distanc, may cane the work to be performed by the raoal expedition arms available to it, and the Seller shall Pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cast all necesvry mentim. certificates and licenses respond! by all
applicable laws, regulation, ordinances and Mies ofthe state, municipality, rerrimry or political subdivision where
the work is performed. or required by any other duly rontituted public authority havingjumvi ction over the work
of vendor. Seller fureher agrees to hold the City of Fon Collin harmless been and against all liability and loss
recurred by them by reason of an asserted or established violation of any such laws, regulation, notorious, rules
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
omple[e authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teen and condition stared
herein set Loch and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or dift'erennems and o mliliuns proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENIimmediately if you ammat make complete slipmen, la aaave net your
promised delivery date as noted. I'ime is of the essence, Delivery and performance must be effected within the time
stand me the purchase order and the documents attached hereto. No aces of the purchasers including, without
limintion, ucr, unce of partial late deliveries, shall operate as a waive(wf this provision. In the event of any delay,
the Purchaser shall have, in addition to miter legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages, however, the Seller shall not be liable for damages as a result of delays
due sea causes not reasonably foreseeable which are beyond its reasonable control and without i6 fault of negligence,
such to of Gad, is of civil M mi lilary nmbonoes, govemmennl priorities, fires, stakes, Rood epidemics, wars ar
dots provided that notice of the conditions causing such delay is given m the Pumboom within eve (5) days of the
time when the Seller first received knowledge thereof. In the event of my 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 wonants that all goods, ankles, financials and work covered by this order will conform with applicable
drawings, specification, samples author other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of can and competence in accardance aim accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser homeless fmm any loss, damage or espouse which the
Purchase, may su@f of incur oa account wf me Sellers breach of ucin . The Seller Stall replace, argon or make
god, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer peal of
time n may be pr outdoe i by law or by the corn army applicable warranty provided by the Seller after the date of
acceptance of me 6adar f ished hereurder (accRtance not in be ....My delayed), resulting fmm imperfect
or defective work done an materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
ontimte a waiver of any claim undo this wananry. Except n aelmrwis, provided in this purchase min, the Sellers
liability hereunder shall extend to all damage proximately caused by mite breach of any of the foregoing wvmntles
or anomalous, but such liability, shall in no event include loss ofpmfiu at 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 tern laywoman change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tern, including addition to or delenoru from
the 9uantitin originally ordered in the specifications or drawings, by verbal or women change order_ If my such
change if icas the amount due or the time of performance hereunder, an equitable djeaament shall be made.
6. TERMINATIONS.
The Purchaver may at any time by written change ode, terminate this agreement as to any or all portion of the
goods then not shipped, subject to any equitable Adjustment between the parries as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods anrUm work, for incidental or consequential damages, and that no such adrysament be made in
favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve
the Purehater or the Seller of any oftheir obligation as; to any goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assMetl within thirty CO) days front the date the change or termination h
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold ber moder shall have been produced, sold, delivered and burnished in strict
ampliance with all appl iiable laws and regulations to which the goads are subject. The Seller shall execute and
deliver such documents as may be require(] m effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from at I costs and damages suffered by the Purchaser ea a result of the
Sellers failure as comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, member, or convey this order, or any monies due or to become due hmeunder without the
prior wnnen cousem ofthe .,he, any.
10. TITLE.
The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished
to perform of this agreemclew of free and clof any and all lien, restrictions, ctions, reservations, wearily interest
concentrations and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from the perfommnce ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch pray.
The Sellers contractual obligation, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is rryuird to use any design, device, material or proms, covered by leae5 patent, trademark
copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the give of such patented design, device, material or process in connection with the comma, and
shall 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 equipment, or
any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own exprom and al its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nordnfHnging equipment, or modify it so it becomes noninfiinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment far the benefit of creditors, appoint a
receiver or mature for any of the Sellers propeny or business, this order may forthwith be canceled by the
Purchaser without liability.
to. GOVERNING LAW.
The definition ofinems used or the imer,m alion of the abcremer, and the rights ofail parties hereunder shall be
conserved under and governed by the laws ofthe State ofColondo, USA.
The following Additional Condition apply only in gives where the Seller is to perform work hereunder,
including me services of Sellers Representative(s), on the pro iss, ofomcrs.
❑. SELLERS RESPONSIBILITY.
The Seller shall corny on said work at Sellers own risk until the same is fully completed and accepted, and shall,
rase of any wesidene, contraction or injury m the work adror mammals before Sellers Fuel completion it
acceptance, complete the woak at Sellers own expense and to the satisfaction of she Packager. When matenals
and equipment are furnished by aeletrs for installation or erection by the Seller, me Seller shall receive, ualaook
stare and handle same at she site and become responsible therefor as though such materials audfor equipment
were being furnished by the Seller under case order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers oumpe¢,atiou, including occupanonsl
do. benefits, Iw its employes employed on or in ..Was. with the work covered by this purchase order,
and/or to their dependent in accodance with the laws of the state in which the work is to d done. The Seller
shall also carry comprehensive general liability including, but not limited go, continual and automobile public
liability insurance with Iwdily irl and death limiis of at least $300.0 0 for any one person, S503,00o for any
me accident and properly damage limit per accident of S400,". The Seller shall likewise require his
cooteaenrs, if any, to provide for such compensation and insurance. Before my of the Sellers or has contractors
employees shall do any work upon she promises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurnce how been provided. Such certificates ,lull specify the date when such
compensation and insurance have been provided. Such mnificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be, maintained until after date
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby asrvmn the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or preperry caused by or resulting from the execution ofthe 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 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 Pumhner may
be put or subject by reason of any act, action, neglect, omission ar default on the pan of the Seller, any of his
contractors, at any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its effects, agents at employees many time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
then 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 or obtained against the Purchaser or any of its or their afters,
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 said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and inell all gmrds necessary for the prevention of
accidents, comply with all laws and regulations wish regard to safety including, but without limiaatioq the
Occupational Safety and Health Act of 1970 and all rules and regulations hated pursuant thereto.
Revised 03l2010