HomeMy WebLinkAbout517306 DISTINCTIVE WELDING INC - PURCHASE ORDER - 9142635Fort Collins
Date: 05/09/2014
Vendor: 517306
DISTINCTIVE WELDING INC
700 W WILLOX LANE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9142635 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/09/2014 Buver: DOUG CLAPP
Note: quoted
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Northside Aztlan
Fabricate and install awning
as per Larson Engineering.
reference estimate # 886, dated 11/26/13
-labor to fabricate and install canopy - $4,035.00
-material lift - $ 260.00
-powder coat tan - $600.00
-materials - $3,801.21
"steel frame
'1/4" XL-10 Lexan
'Steel support columns
total = $8,696.21
Contact: James Warren
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
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
I. COMMERCIALDEfAILS.
Tax exemptions. By Senate the City of Fort Collins is exempt from same and local arms. Our Exemption Number is
11. NONWAIVER,
98-04502. Federal Excise Tax Exemption CeniOcme of Regisary 84 6000587 is mR,mmd with the Collector of
Failure of The Pumhaar to insist upon stria performance of the ¢cols and conditions hereof, failure at delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 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 ofor payment for goods heremda or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure an meet specifications, either when shipped or due to defects of
any of the warromies or obligations of This purchase order and shall not be deemed A waiver of any right of the
damage in transit, may he returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights a remedies as to any such goods, regardless
instructions from the City ofFort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchmalise, urices ar aryipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on The pan of the City of Fort Collins. However, it is to be understood but FINAL
Seller and the Purchaser magniss flat in actual a We Make, c erchmgrs —Wring form antitrust
ACCEPTANCE is dependent upon completion of all applicable acquired inspection Procedures.
violations are W fact home by the Purchaser. Thenofore,nfor good rouse cad m m-ideration fro executing This
purchase order, the Sella hereby a-ig- to the Purchaser any and NI claims it may now have of hereafter
Freight Terms. Shipments most be F.O.I.. City of Fort Collins, 90o Wood St., Fort Collins, CO 80522, unless
acquired under fcdcml or stem antitrust laws for such overcharges relating to the promeular goods or smices
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 in This purchase area.
bit 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 he Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the neatest distribution paint us deuicmion, 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 are made from greater distance.
may cause the work to be peRomaal by the moll expedition means mailable In it, and the Seller shall pay WI
cass associated with Such work.
remain. Seller shall procme as sellers sole cost all necessary permits, certificates and lice -es required by sell
applicable laws, regulatiom, ordinances and roles of the sate, municipality, torrimry or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mium
the work is performed, or required by any other duly constioned public authority having jurisdiction over the work
resulting from the performance of such work.
of vendor. Seller farther ,as so hoed the City of Fon Collins handleas from and against all liability and loss
incurred by them by aeassn of an asserted or esablubed violation of any such laws, regulations, orddeares, roles
This release shall apply even in the event of fault of negligence of the parry, released and shall x.onal to the
and requirements.
directors, .free. it emplo3'as ofmch party.
Authonmtion. All panics to this contract agree that the narmenitives art, in fact, bow fide and possess full and
The Sellers contractual obligations. including warranty, shall not be dcemed to be reduced, in any wag because
complete authority to bind said parties.
such work is performed or caused to the performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein stl lurth end any supplementary or additional tams and conditions annexed beret. or incorporated herein by
relative. Any additional or different terms and conditions proposed by Offer me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most M effected within the time
stated on the purchase order and the documents attached hetem. No acts of the Purchasers including, without
Radiation, acceptance of ponial late delivates, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and excitable memMies, the option of placing This order elsewhere
and holding the Seller liable far damages. Theocrat, the Seller shall nor be liable for damages as if mull of delays
due to causes not Wamaably foreseeable which art beyond its reasonable control and without its fault of negligence.
such acts Of God, acts effort or miliary authorities, gcour mencil priorities, fires, varke,, flood, epidemics. wary or
nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) cloys of the
time when the Seller for received knowledge thereof. In the event of any such delay, the dale of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants fast all goods, articles, materials and work covered by this order will conform with applicable
drawings, spaiGcarom, temples and/or other descriptions given, will W fit for the purposes intended, and
Performed with the highest degree of can and competence in accordance with accepted standards for work of a
similar mmure. The Seller agrees to hold the purchaser harmless from any loss, damage Or expense which the
Purchaser may suR or incuroat account of Arc Sellers breach ofwamnty. The Sella shall replete, repair or rake
good, without cost to the purchaser, any defe t or faults amisiog within one (1) year or within such longer period of
time as may be presmbeJ by law or by the term army applicable warmmy provided by the Seller zRa the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting firrant impafm
or defective work done or materials famished by the Seller. Acceptance or me of goads by the Purchsser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability factor shall extend to all damages proximately caused by the breach of any of the foregoing seemnties
or guarantees, but such liability shall in no event include loss of profits 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 terms by w'rinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pumleeser may make any changes to the tame, other than legal more, including additions to or deletions from
The quantities originally income in thc specification, Or drawings, by verbal or waVhe t change order. If any such
change affects the amount due or the time of Performance 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 Wjastmem between the parties as to any work or materials then in
progress provided that the Purchaser shall nut be liable for any claims far anticipated profits oa the uncnmplacal
portion of the goods carrier work, for incidental or coaequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellem standard stock. No such termination shall relieve
the Purchaser or The Seller ofcmy of their obligations m to any gads delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for Wjm neat mat be asserted within thirty (30) days from the dale the change or taxamation is
mdcrea&
8. COMPLIANCE WITH LAW,
The Seiler warrants dual all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are 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 chamcar are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer. or coney this order, many monies due or to become due hereunder without the
prior wriuea coamt of the other party.
10. TITLE.
The Seller wamma full, clear and manstricted title to the Purchaser for all equipment. materials, and items famished
in peffortance of this agreemenu fro end clear of any anal all lie-, restrictions, --be-, secunry intent
encumbrances and claims of others.
14. PATENTS.
Whenever the Seller is required to use any design, device, manorial or process covered by letter patent, trademark
or copyrt lit, the Seller shall indemnify and rove harmless 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 contract, and
slmll indemnify the Purchases 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 Are completion of the work. In case said equipment, or
any pan thereof or the intended use of The good, is in such suit held to constitute infringement and the me of
said variational or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue ming said equipment in puts, replan the same with substantially equal but
naninfringing equipment, or modify it m it becomes noninGngift,
IS. INSOLVENCY.
If the Seller shall become insolvent or barkmpt, make an assignment for the benefit of creditors, appoint a
receiver or tnstee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability,
16. GOVERNING LAW.
The definitions oftemas used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
camtrucd under and gm'ened by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases whim the Sella is a pert work hereunder,
including the services of Sellers Reprecadative(s), ma We premiss ofothen.
17. SELLERS RESPONSIBILITY.
The Seller shall arty oa said work at Sellers own risk offil the same is fully completed min oscillated, and shall,
in case of any accident, destruction or injury to the work andor materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When materials
and equipment are fumishcd by others for imrallmon or erection by the Sella, the Seller shall receive, unlad,
same and handle same al the sine and become responsible therefor as though such mmerials and/or equipment
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 employees employed on or in formation with the work covered by this purchase order.
arNor to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella
shall also wry comprehensive gereml liability including, but Out limited to, command and automobile public
liability iamance with bWily injury and death limits of at least $30TEOW for any one perven, SSAo,MN for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and inurance. Before any of the Sellers or has contractors
employes shall do any work upon the premises of others, the Seller shall furnish the Pmclmser with a certificate
that such compensation and announce have been provided. Such eentlicates shall specify the date when such
compensation and insurance have been provided Such certificates shall Specify the date when such aompewttion
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and steepled.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respoaibility and liability for any and all damage, loss of injury of any kind
or nature whalsmar to pefmns or property caused by or resulting from the execution ofthe work provided for in
this purchase order or N connection herewith_ The Seller will indemnify and hold homeless the Purchaser end any
Or all of the Purchasers mleftes. agents and employees form Wall .0.1 any anal all claims, Imes, damages,
charges or expenses, whether direct or imlirat, cad whether to persons or propmy, to which the Pachuer may
be put or subject by factors of any act, action, neglect, omission or default an 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 other
Proceedings shall be brought against the Purchaser, or its officers, agents or employees at any 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
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, attomrys 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 suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the foundation, or Said parties in or as a result of such salts or other procmcding;
The Seller will al once are the same to be dissolved aW discharged by giving bond or othemise. The Sella and
his contractors shall take all safety prcaufioms, famish coral insall WI g mand, vaeseary fro the prevention of
accidents, comply with all laws and ragularom with regard W safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and WI mines and regulations issued pursuant theno.
Revised 032010