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HomeMy WebLinkAbout411931 AGLASCO INC - PURCHASE ORDER - 9147449Fort Collins Date: 12/18/2014 PURCHASE ORDER PO Number Page 9147449 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 411931 Ship To: OPERATIONS SERVICES AGLASCO INC CITY OF FORT COLLINS PO BOX 1259 300 Laporte Avenue WELLINGTON CO 80549 Building B FORT COLLINS CO 80521 Delivery Date: 12/17/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Provide glass wall and door 1 LOT LS 17,820.00 system for City Manager's remodel. Per proposal dated 12/04/14. Contact: Chad Mapp ph# 970-221-6227 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 .Total $17,820.00 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. COMMERCLV.DETAIfS. Tax exemptions. By warn the City of Fort Collins is exempt from suite and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry "-6000587 is registered with the Collector of internal Revenue, Denver, Colorado (Ref. Colorado Revised Enables 1993, Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and we not to be, replaced except upon receipt of wrinm instructions from the City of Fort Collier. Inspection. GOODS are subject o the City ofFort Collins inspection on arrival. Final Acceptance. Reveipd of the me ularod se, or respame a w Ui,m. in this omen v .1, in mthorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be T.O.B., City of Fon Call ins, JW Wood St., Fon Collins, CO 80533, unless otherwise specified an this order. If pamisooa is given to prepay freight and charge separately, the original freight hill must accompany invoice. Additional charge for perking will not be accepted. Shipment Distance. Where manufacturers have distributing points in samous pans of the country, shipment is expected from the nearest distribution point to destination, and axcess freight will be dawned farm Invoice when shipments are made farm greases dutana. Prnnits. Seller shall procure m sellers sole cost all aeceamry permits, catifmta and licenses aaluired by all applicable laws, regulations, ordinances and roles ofthe sam, municipality, memory or political subdivision where the work is perfomued, or acquire by any other duly constituted public authority havingposdinio r over the work of vendor. Seller father agrees to hold the City of Poo Collins harmless from and against all liability and loss incorred by them by reason of an assumed w established violation of my such laws, m i lmimm, ordinances, roles and requirements. Authorization. All parties do this contract agree that the representatives cart, in fact, bona fide and pmsess full and complete authority to bind said patio. LIMITATION OF TERMS. This Purchase Order expressly limits arse darme to On teem and conditions suds herein set forth and any supplementary ar additional tome end conditions annexes hereto or incorporated have. by reference. Any additional or different terms red ambitious proposed by sells we objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make.,]] a shipment to arrive on your promised delivery dole as noted. Time is ofthe esscna. Delivery and performance must be effected within the time slated oa the purchase order and the documents otwche hereto. No ergo of the Purehnsm including, without Inartistic., acceptance of pmial lam deliveries, shall operate in a waiver of this provision. In the event ofany delay, the Pumhascr shall have, in addition to other legal and eeulmbm remedies, the option of placing this order elsewhere and holding be Seller bible for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its miserable control and without its fault ofnegligurce, such arts ofGod, ims of civil or military amboaities, goversmattl primbies,f s, strikes, flood, epidemics, was or doll provided bar more of the ..data. causing such delay u given to the Purchaser within Ova (5) days of be time when be Seller first received knowledge therm(. In the at of any such delay, be date of delivery shall be extended for be pfna a cos) to be lime actually lost by mason ofthe delay. 3. WARRANTY. The Seller motion that all goods, articles, materials and work covered by this order will conform with applicable drawings, srocificationa, samples and/or other descriptions given, will be fit for the purposes inmded. and Performed with be highest degree of care and competence in recombine with accepted standards for work of a similar aware. The Sella agrees to hold be purchaser harmless from my loss, damage in expense which the Purchaser may suRa w wine on secured of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to be purchaser, my defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by be terms of my applicable waranm provided by the Sella after be date of accptance rfthe good frmisha hereunder (acceptance nor to be umeawnoty delayed), resulting from imperfeet or defective work dome in materials f rmishe by be Seller. Acceptance or use of goods by the Purchaser shall rot onshore a waiver of any claim under this wormary. Except as otherwise provided in this pumhow order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or Romances, ces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABI LTI OR OF FITNESS FOR PURPOSE SHALL APPLY, C CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The parch va may make any changes to be termv, other rMn mgat terms. including additions to or deletions from be qumtitic, originally entered in the specifications or drawings, by verbal or wrinen change omen. If my such change affects the amount due or be time ofpafomaaee hereunder, an inclinable adjustment shall be made. 6. TERMINATIONS. T'he Purchaser may at any time by women change order, ten ono his agree ant as ter any w all portions of be gees then at shippednn , subjeaany eqm fable adjustment between the partiesUsto any work or materials then in progress provided that the Purchaser shall not be liable for any claims far mticipated profits on the uncompleted portion of the goods mNm work, for incidental or mmtyuemial damage, and bat no such adjustment be mere in favor of be Sella with respect to any goods which are be Sellers standard stock. No such termination shall relieve the Purchaser or be Seller ofrdy rffla, obligati. ss to my good delivered hereueer. I CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserte within shiny (30) days farm be doe be change or lamination is omaed. S. COMPLIANCE WITH LAW. The Seller wammts that all good sold hereunder shall have been produced, sold, delivered and furnishes in strict o n,hio ce with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents ss may be occurred to effect or evidence compliance. All laws and ougulations terminal to be incorporated in agreements of this character are hereby incorporated herein by his reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damage suffered by be Purchase m a result or be Sellers faiure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, uarsfn, or convey this order, or my amnia due or to become due hereunder without the prior written consent ofthe other pray. 10. TITLE. The Seller warrants bill, clear and unrestricted title to be Purchaser for all equipment. materials, and items Famished in performance of this specmenh tease and clear of any and all lien, monomers, raservatio s, samiry interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the temp and conditions hereof, failure Or delay to exacism any rights or remeies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not relaim 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 sria performance hereof or any of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereuMa, nor shall my purported oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of be terms hereof. I I ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in moral economic practice, overcharges resulting from ant itrust violations arc in fact borne by the Purchaser. Theretofore for ogood cause and as consideration for executing this purchase order, the Sella hereby assigns to be Purchaser any and all claims it may now have or hereafter acquired under fdeal or state antitust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursumt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and be Seller thereafter indicates its itabihity, or unwillingness a comply, the Purchaser may muse be work to be performer by be most expeditious means available m it, and be Sella shall tiny all carts mocarm a with such work. The Seller shall relearn be Purchaser and its contract of any tier from all liability and claims of my nature ailing from the performance of such work. This release shall apply over in the event Of fault of negligence of the party release and shall extend to the directors, officers and employees nfmrh party. The Sellers comrmael obligation, including wummry, shall not be decma m be rented, in any way, because such work is performed or caused to be perfotme by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, desire, material or process covered by lemur parent, ca dcmerk or copyright. the Sella shall indemnify and save harmless tee Purchaser from my and all claims far infringement by reason of the use of such patented design, device, maternal or process in connection with be comma, and shall indemnify the Purchaser for any cost, expaae or damage which it may be oblige to pay by reason of such infringement at any time during the prosecution or after be completion of the work. In case said equipment, or may pen thereof or the intended use of the lambs, is in such suit held to constitute infringement and the use of said equipment or Two is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace be same with substantially egml but rwninfi nging tq.i,.at, or modify itao d becomes na.nft.ging. 15. INSOLVENCY. If be Seller shall become inselvem or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of be Sellers property, or basiness, this older may forthwith be canceled by be Puchaer wihom liability. 16, GOVERNING LAW. The definitions afterem used or the interpretation of the agreement and he rights of all parties hereunder shall be constmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in coxes where the Sella is to perform work hereunder, including the services ofS,11. Repmandownei), on be promises of others. It. SELLERS RESPONSIBILITY. The Sella shall very on said work at Seller's a. risk.61 the same is holy complete and accepted, and shall, vas of any waident, destruction or injury m the work mNor maerials bet Salle, fall completion and acceptance, complete be work at Sellers own expense and to be satisfaction of be Purchaser. When manuals and equipment are fumishe by others for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at be site and become responsible therefor as though such manuals and/or equipment were being Imminent by be Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease benefiu, to its employees employed on or in connection with the work covered by this pureMsn order, ardor to thew dependents in accordance with be laws of the some in which be work is In be dote. The Seller shall also error comprehensive general liability including. but nor limited to, contracnal and automobile public liability insurance wit bodily injury and death limits of m fast $3W,000 for any one person, S500,OW fro any accident mad proper, damage limit per accident of S400,000. The Seller stall likewise require his conranors, if my, to provide for such compensation and insurance. Before my ofthe Sellers or has contractors employees shall do any work upon be promises of others, the Seller shall furnish be Purchaser wib a certificate that such compensation and insurance have been provided. Such cartifcates shall specify the dale when such compensation and insurance have been provided. Such cenificams shall specify the date when such compensation and insurance expires. The Seller agrees but such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume be entire responsibility and liability for my and all damage, lass or.jury ofmy kind or name whims, vn, m prisons or pmperty erased by or resulting from be execution ofbe work provided for. this purchase order or in correction herewith. The Sella will indemnify and hold members be Purchaser and any r all of be Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property a which be Purchaser may M put or subject by reason Of any act, action, neglect, omission or default on be pan of the Seller, any of his commctors, or my of the Sellers or c aroccors oRcers, agents or employees. In cove any soil or other proceedings shall be brought against the Purchase, or is officers, agents or employees at my time on account or by reran of any art, Wien, neglect, omission or default of the Seller of my of his contractors or my of its or boor oRcers, agents or employees as aforemid, do Sella hereby agrees to assume the defense thereof and to defend be sine at be Sellers own e,mane, to pay my and all casts, charges, runways fees and other expemesR my and all judgments that may be incurred by or obta.e almost bu Purchaser or my of its or their oRcers, agmts nr employees in such suits or other pmcadm,, and is case judgmnd or be, him be placed wpm or ubtaimd against be propemy ofba Purchaser, a said pmies in or as a result of such suits or other proceedings, be Sella will in once cause be same to be dissolved and docharga by giving bond or ofermse. The Seller and his contractors shall take all sally precaution, boarish and irmall all gmrd necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant berate. Revised Man 14