HomeMy WebLinkAbout103285 ACOUSTICS & INTERIORS INC - PURCHASE ORDER - 9145951Fort Collins
Date: 10/14/2014
Vendor: 103285
ACOUSTICS & INTERIORS INC
1414 BLUE SPRUCE DR UNIT E
FORT COLLINS CO 80524-5424
PURCHASE ORDER
PO Number I Page
9145951 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: 10/13/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
1 200 W. Mountain
Provide labor and materials to
remove/replace ceiling panels.
Includes disposal. Per
proposal dated 9/25/14.
- remove existing ceiling panels and dispose of off site
- furnish & install new 2x4 ceiling tiles in existing grid - 704 sf
- install additional supports (5) for registers & repair
vertical ceiling step
Contact: Chad
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
1,159.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchise Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax dominate. By Stamm the City of Forl Collins is exempt f state and 1.1 mxa. Our Exemption Numbs is
98-04502. Federal Excise Tax Exemption Cenificfte of Registry 84-6000587 is registered with the Collector of
late.[ Revenue. Denver, Colamdo (Ref. Colorado Revised Searles 1973, Chapter 39-26,114 A),
Goods Rejeatnd. GOODS REJECTED due al failure to rlaem specifications, either when shipped or due to defects of
damage in transit, may be rehunN to you for credit and we not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS are subject to the City of Fan CoIIms inspection on arrival.
Final Acceptance. Receipt of the merchandise, services r equipment in reapaew in this taster co csult in
aiffian ed payment an the pan of the City of PonCollins. Bowcvm it is to be undmstand that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection prateddes.
Freight Terms. Shipments mast be F.O.B., City of Fort Collins, 700 Wend St, Pon Collins, CO 80522, unless
Otherwise specified an Nis order, lfpemdralwa is given 1. prepay freight and charge wparmly, the original field
bill most accompany invoice. Additional charges for parking will not be accepted.
Shipment Distance. Where manumdurers have distributing points in various parts of be country, shipment is
expected from are nearest d¢hmution paint Or destination, and excess freight will be deducted from Invoice when
shipments are its from grmfer distance.
Pmnias. Seller shall procure at sellers sole cost H ado.., permits, certifie tes and he. required by all
.,pi id blc laws, claimants, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or normal by any other duly constituted public amhanty having jurisdiction over the work
of vendor. Seller father agrees m hold the City of Fort Collins harmless from and against all liabiliry and loss
Oreed by them by reof an asserted or esoblabed violation Of any such laws, regulations, ordinances, roles
ld ason regtdreirnus.
Aulborizutinn. All pwous to this wound agree arm the representatives are, in fact, bona tide and possess full and
complete authority to bind said panic,
LIM I3'A'1'ION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions staled
herein set forth and any supplementary or additional tames and conditions annexed hereto or Incorpototed herein by
reference. Any additional or different terms and conditions proposed by idler are objected as and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou examen make complete shipment to arrive on gout
promised delivery date as noted Time is of the essence. Delivery and performance most be eRered rondo she time
sound on the purchase order and she documents moorland hereto. No swas of the Purchasers mutual villoul
limitation, acceptance of paof.) ]ale deliveries, shall opctom as a waiver Ofthis provision In the even of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Darer clwwhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a molt of delays
due to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligence,
such ads ofGod, acts arrival or military authorities, governmental priorities, f s, strike,, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchase, within five (5) days Of she
now when she Seller first revived knowledge flsreof ]it floe avert of any such delay, the date of delivery shall be
candab l far the period equal to the time actually loss by reason of the delay.
3. WARRANTY.
The Sidle, warrants that all goods, adidc,, materials and work discoid by this order will confomf with applicable
drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended, and
perforated our the highest degree of core and compliance in accordance with accepted sandards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or enpeme which the
Purchaser may suit or incur on account ofthe Sellers breach of warrany. The Seller shall replace, mash damage
good, without cost to the ptmhasaq any defecrs or faults arising within one (1) Year or within such longer period of
time as may be prescribed by law or by We terms ofany applicable w'ananry provided by the Seller add the date of
acceptance of the goods finished hereunder (acceptance no' o he unteavrably delayed), resulting from imperfect
or defective work done or materials founded by the Seller. Acceptance or use, of good by the Practitioner shall not
constitute a waiver of any claim under this wantonly. Except as oherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pmximarely caused by me breach of any of are foregoing isanronies
Or guammces, but such liability shall in no evem include In. of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m are terms, ether it.... legal teams, including additions 10 or dreamers from
the quantities originally ordered in me, specifications or dmwiny, by verbal or w urea change order. If any such
change a@cis the amount due ce the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Puchoser may at any time by warm change order, terminate if agrremcm as to any err all portions of the
Russia then not shipped, subject or any equitable adjustment between the parties as feu any work or bradirls then in
progress provided that are Pauchaur shall rid be liable for any claims for anticipated pmfa on the uncompleted
portion of the goods madNOr work, for incidental or cortsegaential damages, and flat no such adjustment he made in
favor ofthe Seller with respect to any goods which are the Sellers marked stock. No such admiration shall reline
the Purchaser or the Seller of any of their obligations as to any goads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be a moused within thirty (301 days from the doe the change err smtinntion is
Ordered.
S. COMPLIANCE WITH LAW.
The Seiler warrants that all good sold hereunder shall have been produced, sold, delivered and famished in fund
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be
incorporated in agreements of did, chamber are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold flee Purchaser brothers from all casts and damages suffered by the Purchaser as a result of are
Sellers failure to comply win such law.
9. ASSIGNMENT.
Neither party, shall assign, handful, or convey this wake, or any monies due ono become due hereaander wilhom the
prior written consort ofine other party.
10. TITLE.
The Seller warrants bill, clear and urnestdded title to the Purchaser for all equipment, materials, and item furnished
in performance of mis agreement, free and clear of my and all liens, resMdions, reservations, security interest
encumbrances and claims of others.
11. NONW'AIVER.
Failure of be Purchaser to insist upon said performance of the terns and conditions hereof, failure or delay to
exturclic
any rights inremcdics Provided herein or by lax', failure to promptly notify be Seller in rah event of a
breach,We acceptance ofor payment for goods hereunder or approval of the design, shall rot ml. the Seller of
any of the warranties or obligation of this purchue order and shall not be decmnd a waiver of any right of the
purchaser to insist upon food performance hened or any of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, ss to any prior or subsequent default hereunder, nor Shall any purposed
am[ modification or rewission of this purchase order by the Purchaser operate as a waiver of any of the tends
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Producer recognize that in actual economic practice, overcharges resulting from antinlm
violations are Or fact home by the Peachood. Theretofore, for good came and as consideration for executing this
,would. Dade, has Seller hereby assigrrs to the Purchaser any and all claims it may now have w hereafter
acquired under needed or site entiwsl laws fin such ovemhmgd relining to the particular goods or services
purchased or acquired by the Purchaser pursuant to Nis purchase rarer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Haire Purchaser dunces the Seller to confect nonconforming or defective goods by a date to b, agreed upon by the
Purchaser and be Seller, red the Seller nersu er indicates irs inability art unwillingness to comply, me Ruchaser
may cause be work to be pert ed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Pushier and its contmcmrs of any tier from all liability and claims of any nature
resulting from the performance ofsuch walk.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, Officers and employees of such party.
The Sellers contractual obli,an s, including warranty, shall not be deemed to the reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever are Seller is required to use any design, device, material or peers covered by letter, paten, uadematk
r copyright, the Sella shall indemnify and save morales. are Pudviod from any and all claims for infraingement
by reavn of the use, of such patented design, device, readmal or pace¢. in exam char wito the conmmet, and
shall indemnify the Pmchaser for any cost, sapience or damage which if may be oblibed to pay by rea.oa of inch
infringement at any time during the prosecution or after be completion of the work. In case said equipment, or
any pan thereof or be intended uw of the goods, is in such suit held to ..am,, infringement and be use of
said equipment or pan is enjoined, she Seller stall, at ifs own e.,. and at in option, either promre for the
Purchaser the right b confirm, using said equipment or pans, replan the same with substantially equal but
armnRngiag equipment, or modify it so it becomes naninfnnging.
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
o, mnove for any of flue Sellers property or business, this order may fthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definumas officials usN or the interpretation ofthe agreement and be rights of all ponies hereunder shall be
combined under and grverncd by the laws ofthe Some ofColomdo, USA.
The following Additional Conditions apply only in carses where be Seller is to perform work hereunder,
including the services of Sellers Reprewnafive(s), on be pmnises ofmhers.
IT SELLERS RESPONSIBILITY.
The Seller shall carry, on said walk al Sellers own risk and the vie is fully completed add accepted, and shall
in au of any accident destruction or injury to be work andior materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to be satisfaction of be Parchicand. When materials
and ryulpmmm arc famished by others far installation or erection by the Seller, are Seller shall receive, unload,
snore aad handle same at the site and become responsible therefo, as (hough such materials a.&., equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his .,It expense, provide far the payment of parker, compensation, includin, co upmi rred
disease benefits, to its employees employed on or in connection win the work covered by this purchase Darer,
turbine to their dependents in accordance with the laws of the site in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liabiliry imumnce with bodily injury and death limits of at least S3M,0mo for any one peso, 55nU.UW for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, to provide rot such compensation and insurance. Betbrc any of the Sellers m his wramadors
employees Shall do any work upon due premises of tamers, the Seller shall furnish the Purthxur with a rerofiexte
that such compewtion and insurance have been pmsitMd. Such certificates shril specify the date when such
compensation and introduce have been provided. Such certificates shall specify the date ohm such compensation
and mandate expires. The Seller agrees drat such compensation and mandate shall b, maintained unfit after be
entire work is completed and acceptol.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabiliry for any and all damage, loss or injury of any kind
or mature whatsoever to persons or properly caused by or resulting from the execution Of the work provided for in
this purchase order Or in coma -am herewith. The Seller will indemnify and hold harmless be Purchaser and any
cr all of the Purchasers officers, agents and employees from and jr onsn any and all claims, losses, damages,
harges or expenses, whether direct or inch met, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any Of his
contractors, or any of the Sellers or contractors officers, agents of employees. In caw any suit or other
proceedings shall be brought against are Purchaser, or its officers, agents or employees at any time on account or
by noon of any act, radian, neglect, omission or default of are Seller of any of his contractors or any of its or
their officers, agents or employees as afinevid. the Seller hereby agrees to assume be der thereof and to
defend the some or be Sellers own ceramic. to pay any and all costs, charges, altomeys fees and other expenses,
any and all judgirnfs That may be incurred by or oboioed against be Purchaser or any of its or their officers,
agents or employees in such suits or otter proceedings, and in case judgment or other aim be placed upon of
obtained against the property ofine Pushover, or said parties as or as a scull of such suits or Other proceedings,
the Seller will at once cause the same m be dissolved and discharged by giving bond or omefwiw. The Seller and
his contractors shall take all safety remaining, finish and unroll all guards necessary, for the pmanww of
accidents, comply with all laws and regulations with regard m eaay including, but wimouf limitation, be
Occupational Safety and Health Act of 1970 and all roles and negotiators issued pursuant thereto.
Revised 07nOI4