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HomeMy WebLinkAbout119441 POWERS PRODUCTS CO - PURCHASE ORDER - 9144112PO PURCHASE ORDER 914411 Number Page C1171 of PURCHASE 44112 1 of 2 ' `tCollins( Thisnumbermustappear ` v on all invoices, packing sli s and labels. Date: 07/21/2014 Vendor: 119441 Ship To: OPERATIONS SERVICES POWERS PRODUCTS CO CITY OF FORT COLLINS 1455 S PLATTE RIVER DR 300 Laporte Avenue DENVER CO 80223 Building B FORT COLLINS CO 80521 Delivery Date: 07/21/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Northside Aztlan CC 1 LOT LS 9,648.00 Recover both sides of operable partitions. 1 Oft high x 44ft wide ea -vinyl selection to be made from Madernfold's standard vinyl finishes -remove and reinstall existing astragals -minor drywall repair as needed -install new vinyl covering over existing Contact: James Warren oh# 970-222-3235 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins isexempl fmmsmteand local loxes. Our Exemption Number is IL NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60(l is registered with the Collector of Failure of the Purchase, 10 insist upon same, performance of the ems and conditions hereof, failure or delay m I normal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1993, Chapter 39-26, 114 (au excmise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for 6.ads hereunder or approval of the design, shall not release the Seller of Gates Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the waranlies or obligations of this purchase order and shall not be dermed a waiver of any right of the damage in tmnsi4 may be retuned to you for credit and are not to be replaced except upon receipt of veriuen purchaser m insist upon sane, performance hereof or any of its rights or remedies ns in any such goods, regzNless insmmians from the City of Fart Collins. of when shipped, mo ived or accepted, as to any poor or subsequent default hereunder, nor shall any purported oral modification or manission of this punitive order by the Purchaser operate as a waiver of any of the It. lo,amaion GOODS art subject to me City of Fort Collins inspection an arival. hercaf. Film[ Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLAIMS, mthonud payment on the pan of the City of Fart Collins. However, it is to be, uNentood Jut FINAL Seller and the Purchaser recognize that is actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ufall applicabfire lcox,d inspection procedures. violations are in fact Name by the Purchaser. Theretofore, for good cause and as consideration for executing 'his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.0 B., City of Fan Collins, 900 Wood St., Fon Collins, CO 80522, poles acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services oherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchaud or acquired by the Purchaser pursuant o this purchase order. bill must accompany invoice. Additional charges for Packing will not be, accepted. Shipment Bounce. Whem manufacmms have distributing paints in vadans pans of the country, shipment is expected form the neatest distribution Point in distinction, and excess fight will be, deducted from Invoice when shipments are made Gum grea e, distance. Permits. Seller shall procure at sellers sole rust all necessary permits, cenifwtes and licenses required by all applicable laws, regulations, ordinances and roles of the snag municipality, mrimry or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over the walk of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incorrect by them by reason of an asserted or established violation of any such laws. regulations, ordinances, .,lea and nyuin mmoo, Authorization All ponies to this examen agree that the representatives are, in fact, bow fide and possess full and complete commonly to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set forth and any supplementary or additional kits and conditions annexed hereto or incaromated herein by reference. Any additional or differ,., terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipme., to mrie, on you, promised delivery date as noted. Time is of the essence. Delivery and performance man be effin ted within the time stated on the purchase mdcr and the documents attached hereto. No acts of the Purchasers including, without limitation, interatomic criminal late delivmes, shall opemm as a waiver of this provision. In the Want ofany delay, the Punchaser shall have, in addition to other legal and equitable activities, the option of placing this order elsewhere .it holding fe Seller liable for damages. However, me Seller shall not be liable fir damages as a is of delays due to causes Out memorably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military aithonties, govemmental priorities, fires, strikes, flood epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days or 'he time when the Seller firs, received knowledge therm( In the event of any such delay, the date of delivery ,hull be extended for the pencil equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wa,mats that all goods, articles, materials mid work covered by ma order will Poor.. wish applicable drawings, sperifculiores. samples anNor rimer deserip'ions given, will he fit for fie purposes intended, aN permarnN with the highest degree of care and conference In accordance with ucceptN standards for work or a similar norm,. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which fe Purchases may suffer or incur on account of fe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller after the dare of scroll of the goods fumishad hereunder Dereptowe not to Ire unreasonably delayed), reselling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gwds by the Purchaser shall nut onstime a waiver of any claim under does wareanry. Except as otherwise provided in mis purchase order, the Sellers liability hereunder shall extend to all damages proximately cansN by the breach orany of the foregoing warranties it, gmannrecs, but such liability shall in no eve., include Ins of profits or loss of.. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes coo legal terms by written change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to fie terms, other than legal terms, including additions to or deletions form the quantities originally ordered in the speeifemions or shavings, by verbal or written change order If my such change affects the amount due or the time of performance hereunder, an ryuirable adjustment shall be made. 6.1EERh11NATIONS. The Purchaser entry at any time by samen, change order, terminate this agreement as to any or all pardons of fie goods then not shipped, subject m any crumble adjustment betwxen the pries u many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits con the uncompleted portion of fie goods Parker work, for incidental or consequential damages, and that no such adjustment be made in for- of the Seller with respect to any goods which are the Sellers standard s,ask. No such tanrandoon shall relieve the Purchaser or the Sell,, ofany of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is ordered 8. COMPLIANCE WITH LAW. Thc Seller warann that all goods sold hereunder shall have been produced, sold, delivered and f nnishN in sane, compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute Paul deliver such documents as may be required to effect or evidence compliance. All laws and regulations rryuired to her uncommon] in agreement if his chamaer are hereby unconfirmed herein by this reference. The Seller agrees to indemnify and hold the Purchaser baamless from all Posts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such In. 9. ASSIGNMENT. Neither parry shall assign, mnsfea, or convey this order, or any monies due or on become due hereunder veithpPt flee prim women cancan of the other pmry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaer for all equipment, materials, and items morainal in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cor seen nonconforming or defective goods by a date to be agreed upon by the Purchaser and the S<Ily, and the Seller thereafter indicate its inability err unwillingness I. wmply,'he Franchises, may euae the work in her performed by the most expeditious means available an it, and the Seller shall pay all casts sai osPosd with such work. The Sell,, shall ,clean the Purchaser and its contmcmn Of any lie, from all liability and claims ofany nature resulting (men he pafur nme, ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers and employees of such party. The Seller's commdual abligmimes, including warmly. shall nil be deemed to be reduced, to any way, beeanse such work is performed or cowed ba M performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark Or copyright, the Seller shall indemnify and have lamtless the Purchaser from any and all claims for infringement by reason of the use of such rumored design, device, material or process in connection with the contract, and shall indemnify he Purchase, far any cost, expense or derange which it may be obliged in 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 goods, is in such suit held to Persuade infringement Prod the use of said cluipmmt an Pan is enjoined, the Sella shall, at its out expense and at its option, either procure for the Purchaser the eight to continue using said equipment in pips, replace, the same with mbstamodly equal but overcharging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the henefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. if. GOVERNING LAW. The definitions of it. used or the int n,rom ix. i f fie agreement and me rights ofall parries hereunder shall be conshuN ander and governed by me laws Pride, State i fColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represmadam D), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work a, Seller's awn risk until the same is Polly completed and seemed, and shall, in u of any accident, destruction or injury to the work Poker materials before Selves final completion and cmptanw, complete the work at Sellers own expense and to the satisfaction of the Pumhase, When materials and equipment we burnished by ohers for installation or erection by the Seller, the Seller shall receive, unload, store and handle same al the site and become responsible therefor as tough such materials anit'., equipment were being famished by fie Seller under fe order. I S. INSURANCE. The Seller shall, al his own expense, provide far fc payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including• but not limited to, contractual and automobile public lamli, insurance with bodily injury and deaf limits of at lea $300.00 for any one perwq S50ci,lNq lot any one im idem and property damage limit per accident of S400,000. The Seller shall likewise require his comeractoor, irony. to provide for such com,comoon and inmerearce. Before my of the Sellers or his contractors employees shall der any work upon me premises of others, the Seller sball f ish fie Purchaser with a cenificme that such compensation and insurance have been provided. Such continues shall specify the date when such compere Lion and insurance have been provided. Such certificates shall specify the date when such compensation and imurence expires. The Sella agrees that such compensation and insurance shall be mainsained until after 'he entire work is completed and arceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and at I damage, loss or injury crony kind or come whosoever to come, or property caused by or resulting from the execution of the work provided for in this Fortune, order or in connection herewith. The Seller will indemnify and hold Formless the purchaser and any r all of the Purchasers officers, agents add employees form and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect. aN whether u pawns or pmperry m which me purchaser may be put or subject by reason of any act, action, erlier, omission or default on the Pan of the Seller, any of his contactor, or any of the Sellers or wmmears officers, agents or employees. In case any suit or other pmcerlings shall be brought against the Purchase, or its oRcers, agents or employees at any time on account or by reason of my Oct. action, neglect, omission or default of the Seller of any or his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to resume the defense thereof and to defend the same at the Sellers own experae, to pay omy and al I costs, charges, atmmeys fees and ofer expenses, any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and f case judgment or other lien be placed upon or obmiaed against the property of fie Purelower, or said parties in or as a result of soh suits or other proccesimp, its, Sellerivill at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seller and his Premnors shall take all safety precantions, famish and irumll all gturd necessary, for the prevention of winders, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised Wait 14