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HomeMy WebLinkAbout305914 LAMONT ECOSSE LLC - PURCHASE ORDER - 9147193PO PURCHASE ORDER 914719er Page CI'h/ of PURCHASE 47193 ' of z ' `t Collins[ his number must appear V " �7 on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 305914 Ship To: OPERATIONS SERVICES LAMONT ECOSSE LLC CITY OF FORT COLLINS 1945 W 12th AVE 300 Laporte Avenue DENVER CO 80204 Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price City Hall 1 LOT LS 4,988.00 Provide and install stainless steel toilet partitions per proposal dated 12/3/14. SS toliet Compartments by Accurate - $ 4,988.00 - 5 stalls SS, floor Mounted Overhead braced , St/St Hdwr/brkts Toliet accessories by Bobrick - $967.00 - 2ea 18",36",42" garab bars - 3ea Recessed TP's - 2ea Surf. Mt. TP's - 3ea SND Contact: Nick Jovene ph# 970-221-6277 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 Pay terms net 30 days 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. COMMERCDU.DETAILS. Tax exemptions. By storage the City of Fan Collins is exempt from state and [real nursing. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificme of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to insist upon snim performance of the teams and ambitious hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revisal Sondes 1973, Chapter 39-26.114 (a). exercise any rights or genetics provided herein or by law, failure to pomp ly notify the Sella in the cveng of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to deRds of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in moral, may be returned a you fur credit and arc not In be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhartdise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL practice, overcharging; Sella and the Pmchas« recognize that in actual « mic practicovercharges resulting from antitrust ACCEPTANCE is dependeng upon completion of dl applicable required inspection procedures. ns good wuu and as mmiderazion for executing this violatioam in fact bome by the Purchases. Theretoforen purchase order, the Seller hereby assigns to the Purchasers any and all claims it may now have or hereafter Freight Tema. Shipments must W F.O.B.. City of I. Call., 700 Wood Sr, Fort Collins, CO 80522. unless acquired ander federal or state antimat laws fm such overcharges relating tr flue particular goods or services otherwise specified on this order. if permission is given m preWy freight and charge geparecely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for Puking will not be accepted. Shipment Distance. Where manufacturers have distributing Paints in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freighl will be deducted fora Invoice when shipments are made from greater distance. Permits. Sella still procure at sellers sale cost all necessary permits, catificnrs and licenses rocuired by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or cryvired by any order duly mentioned public authority having jurisdiction ova the work of vendor. Seller father agrees to hold the City of Fares Collins brimless from and against all liability and loss n agrrtd by than by reason of as asserted or established violation ofany such laws, regulmims, oNiagarma, roles and requirements. Authorizing.. All parries to this count+ agree that the nepresentativea are, in fur, born fide and possess full and complete amboriry a bind said parties. LIMITATION OF TERMS. This purchase Data expressly limits acceptance or the it. and conditions stated Weir art forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately Byrn cannot make complete shipment to arum on your promised delivery date as noted. Time is of the easrnce. Delivery and performance must be eRecmd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Fumigate, shall have, in addition to other legal wed equiable readies, the option of placing this color elsewhere and holding the Seller liable for damages. How va, the Seller shall toot be liable for damages as a result of delays due to causes not reasonably fcaeseeable which art beyond its navigable normal and without its fault ofrmegligeuce, such acts of God, acts wfeivil or military authorities, governmental prionties, fins, strikes, Bond, epidemics, wars or Hots provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when he Seller firs, received knowledge thereof To the event of any such delay, the date of delivery shall be extracted for the period ry.I to the time actually Irst by feason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will common with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ,tare. The Seller ayecs to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defeas or faults arising within one (1) your or within such longer period of time as may be prescnbd by law or by the terms of any applicable warranty provided by the Sella afar de date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), reaching firm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall mn consulate a waiver of my claim under this wenmiry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wacgnies or guardmers, but such liability shall in no event include lo%ofpmriu or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal terms by with. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchmer may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable ndjmtmen, shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement in to any an all Portions of do, goods then not shipped, subject to any equitable adjusonent between the ranges in to any wort: an materials men in progress provided tot the Purchaser shall not be liable for any claims for anticipated points on the uncompleted portion of Nc goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such teminatim shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) dap from the date the change or gemination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been producer, sold, delivered and f fished in strict complimae wing all applicable laws and regulations to which the goods art subject. The Sella shall execute and deliver such documents as may be expired to effect or evidence compliance. All laws and exploration "cad to be incorporated in agreements of this character art hereby incorporated begin by this reference. The Seller agora to indemnify and bold the Purchaser harmless from dl rusts seal damages suffered by the Purchaser as a result of thr Sellers Gilug 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 consent argue .,he, any, 10. TITLE, The Seller warrens full, clear and mormictd title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liege, restrictions, reservations, security interest encumbrances and claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]fine Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therea0er indicates ifs mobility or unwillingncaa to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs 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 from the parameters ofsuch work. This release shall apply even in the event of fault of negligence of the putty released and shall extend to the directors, of rem and employees o garch party. The Sellers comrxoal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfwaged or mused to be performed by she Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lanes, parent, vademeark or cc,yrighL the Seller shall imearrify and save harmless the Purchaser tram 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 shell indemnify the Purchaser for any cost, expense or damage 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 attended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan as joined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said occipital or pans, replace the some with substantially octal but noninfringing equipment, or modify it ao it becomrs noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bmskmpl, make an assigmnent for the bereft of credimrs, appoint a camixer or vustee for any of the Sellers prepeny or laminas, this order may foMwim W canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall W construed under and governed by the laws of the Sum of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to Perform work hereunder, including the services of Sellers Rryresentative(s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall any, on said work at Sellers own risk until do, some is fully completed and acceptd, and shall, in rase of my accident, destruction or injury Is the wool, aridror materials before sonces foal completion and .improper. complete doe work in Sellers own cxpcme and to the satisfaction of the Purchaser. When matcnals and equipment ere famished by others for installation or erection by the Seller, the Sella shall merve, standard, store and handle scone at the site and become respmnngle therefor m though such maaaias andror dlopmrnl were being famished by the Seller under the order. IS. INSURANCE. I'he Seller shall, in his own expense, provide for the payment of workers conmpmsntion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of the sore in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited too, conVacmal and mtomobile public liability imumnce with bodily injury and death limits of at least $301" for any one person, S500,000 for any one occident and pmpetry, damage limit per accident of S400,000). The Seller shall likewise arcane his contractors, if any, to provide fro such confirmation and insurance. Before any of the Sellers or his contractors rmplwyces shall do any work upon use premises of orders, the Sella shall famish sbe Purchu« with a cenitate ton such compensation and insurance have been provided Such crninalng shall specify the date when such compound.. and insurance have been provided. Such cenifiates shall specify the date whrn such wmpensazion and commerce expires. The Sella agrees than such comperwtion and insurance shall W maintained until after the entire work is completed and accepted. 19, PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby nssumng the entire responsibility and liability for any and all damage, loss or injury crony kind or nature whotiort to persons or property caused by or resulting tom the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Ne Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether o persons or property b which the Purchaser may Ise put or subject by reason of any act, action, neglect, omission m default oa the pan of the Sellea any of his contractors, or any of the Sellers in contractors officers, agents or employees. In ase any suit or other proceedings shall be brought against the Puuhnser, or its officers, agents or employees M my time on account or by consion of my acl, action, neglect, omission or default of the Sella of my of his contractors or any of its or thew officers. agena or employees ss aforesaid, the Seller hereby agrees go assume the def thereof grad In, defend She same at the Sellers awn expense, to pay any and all costs, charges, atcarri fees and wrier expenses, my and all judgments thin may W incund by or obtained against the Purchaer or any of its m thew officers, agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contrarian shall take all safely procautions, famish and insult all gourds necessary for the prevention of accidents, comply wins all laws and regulations with regard in safery including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therea. Revised 07n014