HomeMy WebLinkAbout537154 SCOTT SYSTEMS INC - PURCHASE ORDER - 9142606Fort Collins
Date: 05/09/2014
Vendor: 537154
SCOTT SYSTEMS INC
10777 E 45th AVE
DENVER CO 80239
PURCHASE ORDER
PO Number Page
9142606 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Senior Center Remodel
Furnish 20 each 5'x0" x V-9"
pieces for total 175 SF of
concrete form liners of
Bugs & Brushes pattern for
the radius walls at the
patio on south side of
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
1 LOT LS
7,875.00
Total
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 exemptions. By statute the City of Fun Collins is exempt from state and local tuxes. Our Exemption Number is
99 N502_ Pedaal Excise Tax Exemption Certificate of Registry 84 6NO587 is re,whaed with he Collector of
Internal Revenue, Deaver, Colorado (Ref Colorado Revised Smlata 1973, Chapter 39-26, 114 (a),
Goods R jectaL GOODS REJECTED due to failure to meet specifications, either who shipped or due to dcfec s of
damage in trameb, may be reamed to you for cted't and are not to be replaced except upan receipt of wrinm
inedua tiom from the City of Fort Collins.
Inspection GOODS are subject to the Cityof Fort Collins inspectionon arrival
Final Acceptance. Receipt of the merchandise, services or diagram in response to this order can result in
authariud payment on the peat of the City of Fart Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Tom Collins, CO 80522, unless
otherwise spaificd on this order. If permission is given to prepay freight and charge separately, the anginal freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Nhere manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater, distance.
Pamirs Seller shall pmamu at ,]Jr.xsole rust all necessary pnmits, certificates and licenses required by all
applicable laws, regulations, ordinances and ones of the sate, municipality, temmry of political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees so hold the City of ran Collins harmless from and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and raquircurems.
Authorization All parties to this common agree that the representatives are, in fact. bona fide and possess full and
complete aothariry m bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incoryomted herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby Mated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cantor make complete shipment to arrive oa your
pmmiaed delivery date as noted. Time is of she e x tune. Delivery and performance must be effected within the time
,cited on the purchase order and the documents attached hereto. No aces of the Purchaser including, winioul
limitation, acceptance organist late deliveries, shall operate as a waiver nrrhis provision. In the event along delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 to causes not reasonably foreseeable which are beyond its reasonable counsel and without its fault of negligence,
such acts of God, acts of civil or military antherities, governmental priorities, fire; suite , Rood, epidemics, wars or
noes provided that notice of the conditions causing such delay is given to the Pushaut within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period algal to the time annually lost by reason of flue delay.
3. WARRANTY.
The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will h fit for the purposes intended, and
performed wish Ire highest degree of cam and compensate in accordance with accepted sandards for work of a
iu lac wlnn. The Seller egrea m hold the purchase, hvmlas form any lass, damage or expense which me
Purchaser may sutra or incur on account of the Sellers breach ofw'ansnry. The Seller shall replace, repair or make
good, without cast to the purchauq any defects or faults turning within one (I) year or within such longer period of
time w may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
nonperance of the good famished haremder (acceptance nor to be umeasombly delayed), resulting from imperfect
or defective work done or materials fum¢hed by she Sella. Acceptance or lout of goad by the Purchaser shall nor
mnsdrote a waiver ofeny claim under ores warranty. Except as otherwise provided in this parchau order, the Sellers
liability hereunder shall extend to all damages proximately mood by the breach of any of the faagmag warmdes
or guarantees, but such liability shall in m event mcla le loss ofpmfits or lass of was. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Ptuchasa may make changes to legal leans by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes an the terns. Other than legal Trans, including additiore, to or delmos from
Ne emotions s originally ordered in the spe fflanows or drawings, by verbal or wcoon change order. If any such
change affects the mnounl due or the time ofperfomlmce hereunder, m ry.liable adjustment shall Be made.
6. TERMINATIONS.
The Purchaser may at any time by women change order, terminate this agreement as to any or all Punic of the
goods then not slopped, subject inatjt any climbs, slmmt bOn the parties as any work or materialsthenin
progress provided that the Punhaser shall not be liable for any claims for anticipated Fars on ore uncompleted
portion of the good and/or weak, for bicultural or masequentul damages, and that m such adjusment be made in
favor offlue Seller with respect an any good which art the Sellers standard stuck. No such termination shall relieve
the Purchaser or the Sella ofany ofthei, obligations as to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim fen adjustment muss be asserted winds thirty (30) days fmm the date Ne change or termination is
ordered.
& COMPLIANCE WITH LAW.
The Seller .ts chat all good sold hereuater shall have been produced, sold, delivered and fmished in strict
compliance wish OR applicable laws and regulations to which the goods are mbjML The Sella shall execute and
deliver such dammrenls as may be dragons] ro eRe n or evidence compliance. All laws and regulations required Ip Ix
incorporated in agreements of Nis docauter are hereby incorporated herein by this refererrce. The Sella agrees m
indemnify and hold the Parchaxr homeless from all ands nos] damages suffered by she Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shill assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior added mermen, of the unit, I.Y.
I O. TITLE.
The Sella wvmnts fall, clear oat armstricted 40e mthe Purchaser for all equipment, mderiak, and isms famished
m performance of Nis agdr<nrcne f and clear of any and all lies, rametios, .,a., sauury interest
encumbrances and claims ofo0rcrs.
I L NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the temp and onnditiow hcomF, failure or delay to
exercise any radius or remedies provided herein or by law, failure to promptly notify the Seller iu the event of a
breach, the acceptance of or gaymmt for goods hereuo order
approval ofthe design, shut not rof an the Sol lerof
he
any of the o i nadirs or urea than of this purchase odor and shall not be deemed a waiver of any right of the
purchaser hi insist upon strict perf red, aw to any or any of its rights or remedies a to any such goads, regardless
of when shipped, received io of this ur h any priory the Purchaser
default M1, us a wr, nor shell any purported
hen modificetian or rescission of this pumhau order by the PurcM1aser optima as e waiver of any of the arms
namr.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize thm in actual economic practice, overcharges resulting from antitrust
violations are is fact home by the Purcbaser. Theremfore,nfagoad cause and as consideemian far cxwming this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or slate antitrust laws for such overcherga relating to the panimlm goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct none ualotming or defective goods by a dale to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work at be performed by the most expeditious means available to it, and the Seller shall pay all
cans associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting fmm the performance afsuch work.
This alease shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, m7 icars and employees afsuch any.
The Shceh cam aduol abligmlon, including warranty, shall at be deemed to be reduced, in any way, because
such work is performed or caused m be performed by the Pumhnser.
14. PATEN I S.
Whenever no Seller is raptured to use any design, device, material or process covered by letter, patent, tradcmmk
Or copyright, the Seller shall indemnify it ova harmles the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the cantran, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or net the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan w enjoined, the Serer shall, at its own expene and at its option, other procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially acal but
noninGnging equipment, or modify it s, it becomes moninf inging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a
receiver.or trustee for any of the Sellers property or business, this other may forthwith be canceled by the
Puchwithout liability.
16. GOVERNING LAW.
The definitions clients used or the interpretation of she agreement and the fights print parties hereunder shall IN
owloed under and governed by the laws ofthe State of Colondo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Represenmive(s), on she prem¢cs afothcrs.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sella/s awn risk until the same is fully completed aM swapped, and shall,
in use of any accident, destruction or injury to she work anNor materials before ScRa's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When demands
and equipment are famished by others for immllation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become rapousible therefor as though such not erials and/or equipment
were being famished by she Seller under thc order.
18. INSURANCE.
Tlrc Seller shall, at his own exile rce, Provide for she payment of waders mmpemsmion, including Occupational
disease herefils, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependrnb in accordance with she laws of she stare in which the work is to be dune. The Seller
shall also merry comprehensive general liability includin& but sot limited to, contractual and automobile public
Liability imuanee with bodily injury and death limiu of at lest $300,000 fen any one person, 5500,00O for any
one accident and Property damage limit per accident of 5400,0011. The Sella shall likewise requia his
conamems, if any. to provide for sash mar,orcrtion and artsee. Before any of the Sellers or his contractors
employees shall do any work upon the premises of orders, the Sella shall famish the Purchases with a cenifimte
But such compewtion and insurance have been provided. Such crnifimtes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify she side when such compensation
and inexamence expires. The Seller agrees that such compensation and incumnm shall be mainuinN until after the
entire work is completed and mcepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ass ex the entire respowibiliy and liability far any add all damage. loss err injury army kind
or wore whats«ver to person or property caused by or resulting form the exemtion of the work pmvidrd for in
Nis purchase order or in conwaian herewith. The Seller will indemnify end hold harmless she Purchssm and any
or all of the Purchasers officers, agents and employees font and against my and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether m Persow or prolsmy to which the Punctuator may
be put or subject by mason of any eat, action, neglect, omission or default on the pan of the SeLlee my of his
ontracmrs, or my of she Sellers or contractors officers, agents or employees. In cose, any suit or office
praecedings shall be brought against the Purchaser, or its officers, agents or employees d my time on account ar
by reason of any eelb action, neglect, omission or default of Ne Sella of any or his contractors or any of its or
their officers, agents or employees as aforesaid, Ne Sella hereby agrees to assume the defense thcrmf and to
defend the same at the Sellers own expense, to gay my and all casts, charges, womeys fees end other expenses.
any and all jadgmmss that may be incurred by or obtained against the Purchaser or my of its or their officm,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon in
obtained against the property of the Purchase, or said parties in or res a result ofsuch suits or order proceedings.
the Sella will at once, max the same to be dissolved and discharged by giving bond or oshemix. The Sella and
his covlaxtars shall take all safely pammm.no, famish and imull all gumdx na., for she p.tim of
accidents, comply with all muss and regulations with regard to safety including, but without limitation, the
Occupatimd Safety seat Health Act of 1970 and all film reed regulations, issued pursuant merere.
Revised 03R010