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HomeMy WebLinkAbout539867 THE WELDING & FAB SHOP - PURCHASE ORDER - 9143854Fort Collins Date: 07/09/2014 Vendor: 539867 THE WELDING & FAB SHOP 1400 E MULBERRY ST BLDG C FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9143854 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: 07/09/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i City Park Pool - Concessions Replace existing cabinets and countertops with stainless steel countertops and wire rack bottom shelf. contact: Mel Winden 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 1 LOT LS 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 salute the City of Fart Collins is exempt from onto and local taxes. Our Exemption Number is BLT4502. Federal Excise Tax Exemption Cmiticate of Registry 84-6000597 is registered with the Collector of Interact Revenue, Dmven Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejcad, GOODS REJECTED due to failue 1. meet specifications, either when shipped or due to defects of darnage in transit, may be returned to you for credit and are not to be replaced except upon recelpr of written aostmdlons from the City of Fort Collins. Ingestion. GOODS are subjrct In the City of Fon Collins inspection on aovul. Final Acceptance. Receipt of the merchandise, arrGeas or equipment in rea maim to Ws order can result in amhodmd payment on the pan of the City of For Collins. However, it is to be understood that TRIAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Penn. Shipments muse be F.O.B., City of Fart Collins, II)0 Wood St, Ton Collins, CO 80522, unless otherwise sperified on this order. If permission is given a prepay freight and charge sryamtely, the original freight bill must accompany ho ise. Additional charges for packing will not be accepted. Shipment Distance. Worm nannfachrers have distributing points in varrions parts of the country, shipment is expected from the nearest distribution point to desrinmion, and excess freight will be deducted from Invoice when shipments are make form greener distance Permits. Seller shall prompe at sellers sole cost all necessary permits, cmificares and licerses acquired by all applicable laws, regulation, owinances and roles of the state, municipality, teoimry or political subdivision where the work is performed, or required by any other duly modified public authority havingjurpilidion over the work of vendor. Seller further agrees so hold the City of Tart Collins hitless from and again, all liability and loss inewfical by them by reason of an asserted or established violation of any such laws, regulation, ordinances, miss and requirements. Amboniquon. All peonies to this comao agree that the representatives are, in fact, bow fide and possess full and o n,I,m authority to bind and ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stand herein set forth and any supplementary or additional terms and conditions anposel hero, or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objered to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiatcly if you ramrot make careplete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limda0on, acceptance of partial late deliveries, shall opembe as a waiver of this provision. In the event of any delay, the Purchaer shall have, in addition m other legal and equitable remedies, the option ofplacing this order elsewhere cod holding the Seller liable for damages. However, the Seller shall mal be liable for damages as a result of delays due to comes net reasonably forescraNe which mom beyond its reasonable control and without in fault of negligence, such acts of God acts ofcivil or military authorities, governmental priorities, for, spokes, flood, epidemics, wars or rots provided that notice of the conditions sousing sucM1 delay is given to the Purchaser 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 equal to the more actually lost by reason of the delay. J. WARRANTY. The Seller wwrmnn Nat all good, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other dadiptions given, will he ❑t for the purposes intended, and performed with the highest degree of care and comparison, in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchoxr harmless from any Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of ammenty. The Seller shall replace, men it or make good, without cast to the purchases, any defect or faults arising within one (1) Year or within such longer peril of time as may be prescribed by law or by th, remm of any applicable warranty provided by the Seller after the date of acceptance of the goods fmished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work done or materials prompted by the Seller. Acceptance or no of goods by the Purchaser shall not .nditute u waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage pra.i oualy caused by the Finish i f any of the foregoing warranties err guarantees. but such liability shall in no event include Ins of profits or lo%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 teams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tern, other than legal temp, including addition to or deletions from aM1c quamiaies originally ordered in me s,amineatiow or drdwinga, by `<rbal or wnnrn change mu er. If any such change mflecn the amowt due m the time i fperlomtame hereunder. an Lppitarle adjustment shall be made. 6. TERMINATIONS. The Purchtstmay at any time by written change order, terminate this agreement as to any o all Forces of the goods then not shipped, subject many equitable adjustment between the parties as to any work or materials then in progress provided fast the Producer said not be liable for any claims for anticipated prefix an the uncompleted ynion of the good maker work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respell to any goods which are the Sellers standard stack. No such termination shall reline the Purchaser or the Seller of any .fiber, obligation n a any goods delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the Jute the change or margination is ordered. & COMPLIANCE WITH LAW. The Setter warrants that all goad sold hereunder shalt have been pmdaced, sold, delivered and famished in but compliance with all applicable laws and regulations to which the good are subject. The Setter shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncotporamd in agreemmn of fix character art thereby, itaoryoruted herein by this rtfrence. The Seller agrees to indemnify turd hold the Pututhuser harmless fan all ern and Jaracges suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or any monies due or to become due hereunder without the prior written ronmr of the other party. 10. TITLE. The Seller warrants full, clear and utuew icted till, m the Purchaser far all equipment memuarh, and isms famished in pffan ti nce of this agreement, free and clear of any cod all Iism, resection, reservations, security interest encumbrances wad claims of others. I I. NONWAIVER. Failure of the Pardoner to insist upon short pefbrmance of the terms woad condition hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly raefy the Seller in the event of a breach, the acceptance of or Payment for goods hereunder at approval of the design, shall tat release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict pc,1.mmnre hereof., tiny of its rights or rrmW ies n to any such goods, regardless of when shipped, perceived or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this pumhax order by the Purchaer .Tams, as a waiver of any of she tern hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting room optimist victionn are in fact boom by the Purchaser. Therctoram,for good cause and as consideration for executing this purchase or the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under frdeml or sate entim6t laws for such overcharges relating I. the particular good or services putermad or acquired by the Purchaser pursuant to this purchase color. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. 11'the Purchaser directs the Seller to correct nonconorming or detective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work a he performed by the most expeditious .,an mailable m it, and the Seller shall Pay all costs associated with such work. The Seller shall release the Purchaser and its comment. of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, onieers and employees ofsuch party. The Sewers contractual obligation, including warrant, shall not be deemed to he reduced. in any way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required one any design, device material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Petitioner from any and all claims for inGn,emem by mason of the uu of such paensd design, device. material or process in correction with the contract, and shall indemnify the Purchaser for any eost expenses damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or offer the completion of the work. In cox said equipment or any part thereofor the intended use of the gulls, is in such it held ,, constitute infringement and the use of said equipment or an is enjoined, the Seller shall, at in own expense and at its option, either procure for the Purchaser the right to continue Wing said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it become naninhinging. 15. INSOLVENCY. If the Seller shall became insolvent or banknrpt make an assignment for the benefit of creditors, appoint a rips, or armee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definition of terms noted or the inampren ion ofthe agreement and the fights of all ponies hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in mass re whethe Seller is to perform work bromper, including the services of Sellers Represenm0ve(s), on thepremises of others. 10. SELLERS RESPONSIBILITY. The Seller shall tarty, on said work at Seller's own risk until the same is fully completd and accepted, and shall, in use of any accident, destruction or injury to the work amllor materials before Settees final completion and ccepmnce, complete the work at Seller's own expense and m the s smonian of the Purchnsen 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 n though such malefink and/or equipment were being fiunishcd by the Seller under the owes. IS. INSURANCE. The Seller shall, ar, his own expense, provide for the payment of workers compenaion, including occupational disease therein, to ill employees employed oa or in connection with the wool, seemed by this pnchpx order, ampar to their dependenn in accordance with the laws of the state in which the work is to be done. The Seller shall also carry eomprehenive general liability including, but not limited to, contractual and automobile public liability imonme with dNily Injury and dewed limits of at least 53W.000 for wary one pmmm, 5500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise acclaim his if any, to provide for such compeosati and insurance. Before any of the Sellers or his comments employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a cenificute that such compensation and insurance have barn presided. Soon ceniricmes shall specify the date when such compensation and insumace 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 mainmined until after the entire we& is rnmplemed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby warmes the entire responsibility and liability for any and all damage, loss crimpy of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamtless the Purchaser and any aw all of the Purchasers officers, .,eats and employees form and against any and all claims, losses, damages, charges or exPemes, whether aired or indirect, and whether to person or pmpeny to which the Purchaser may be par or subjat by reason of any am, ardor, igloo, omission ar default an the pan of the Seller, any of his pomputers, or any of the Steers or contractors olrcers, agents or employees. In case any sun or other roceedings shall be brought against the Purchaser, or its officers, agents or employees at any now oat account or by reason of any act action, neglect, omission or default of the Seller of any of his comracmrs or any of its or their officers, agents or employees n aforesaid, the Seller hereby agrees to assume the defers, therm( and to defend the same at the Sellers awn expense, to pay any card all pairs, charges, attmnrys fees and other expenses, any and all judgments that my be incurred by or obtained against the Purchror or any of its or their officers, agents or employees in such suits or offer proceedings, and in case judgment or other lien be placed upon or obtained against the im aucy of the Purchaser, or said patties in or as a result of such suits or offer proceedings, ,he Seller will ar once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his centurion shall take all safety precaution, famish and install all guard necessary for the Intervention of accidents, comply wish all laws and regulation with report to safety including. but without limimrion, the Occupational Safety and Health Act of 1970 and all nales and regulation issued pursuant @tress. Revised 03I2010