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HomeMy WebLinkAbout102590 FRONT RANGE RAYNOR DOOR CO INC - PURCHASE ORDER - 3215077PURCHASE ORDER PO Number Page C117f of PURCHASE 15077 t of z Flirt Collins( his number mustpacking !_\V`I ` V 1 1�7 on all invoices, packing sli s and labels. i Date: 01/09/2015 Vendor: 102590 Ship To: STREETS DEPARTMENT FRONT RANGE RAYNOR DOOR CO INC CITY OF FORT COLLINS PO BOX 270746 625 NINTH STREET FORT COLLINS CO 80527-0746 FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 CONTRACTUAL 1 LOT LS 5,000.00 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 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. COMMERCIAL DETAILS. Tax exemptions. By sarom the City of Fort Collins is exempt from state and local taxes. Far Exemption Number is 11. NONWAIVER. 984N502. Federal Excise Tax Exemption Cenifil a of Registry 84-600 )58) is registered with the Collector of Failure of the Purchaser to insist upon strict performance of Ue terms and conditions hereof, failure or delay to Internal Revenue, Dmver, Colorado (Ref. Colorado Revised fortes 1973, Chapter 39-26, 114 (a). exercise any rights m remedies provided herein or by law, failure to MOOPtly notify He 5e11er in the event of a breast, the acceptance for payment for goods hereunder or approval of the design, shall rat net. the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in unrest, may be resumed a you for credit and are not to be replaced except upon receipt of written Purchaser in insist upon strict performance hemofor any of its rights or comedies as to any such goods, regardless irmuclions from the City of roes Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rucdssdon of this purchase order by the guidance ap.m as a waiver of any of the terms Inspection. GOODS are subject to the City of ran Collins inspection on Period. hereof. Final Acceptance. Receipt of the merchandise, seen or equipment in response in this order coo result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. emhoromd payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recogniae Nat in scNal Vmnonpw practice, overcharges resulting from mIf , ACCEPTANCE ts dependent upon complmian of all applicable required inspection p dures. violmom are in fact bane by de, Practitioner, ThemHofore, for good nine aM as mnsidemtion for executing this purchase order, the Seller hereby assigns to the Pombou my and all claims it may now have or hemafln Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fiat Collins, CO 80522. Is. acquired under federal or sm e e It. laws for such overcrchargn m1ming m the Particular goods no sick. otherwise specified era this order. If permission is given to prepay fight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany dm'ome. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distribuliog points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to comes nonconforming or defective goods by a date to be agreed upon by the expelled from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sel let hereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the mast expeditious means available to it, am the Seller shall pay all cos. associated with such work. Permits. Seller shall procure at sellers sole cast all nmemmy permits, eenifiwtes and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where do work ¢ performed, or r goirtd by any other duly cmatm ed public authority having jurisdiction over the work of vrndw. Seller further agrem to hold the City of Fort Collins formless fmm and against all liability and loss recurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Aulhorizmion. All parties to this mmmd agree shot be representatives turn, in fact, harm fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition tatnd herein set forth and any supplementary or additional tent. and conditions mnexN hereto or incoryer ned herein by reference. Any additional or different menu and conditions Imposed by seller ore objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your Promised delivery date as ruled. Time is of the Vowne, Delivery and pM rmmce moor be eRected within the time stated on the purchase mdn and the documrnts inched hereto. No acts of the Purchasers including, without limitation, acreplance ofpanial late deliecrin, shall operant as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition 10 other legal mud equiable remedies, the option orpl.l this order elsewhere and holding the Seller liable for damages. However, We Seller shall not be liable for damages as a result of delays due to muses not rensombly mresmable which are beyond to reawnable mntml and without its fault ofiegligence, such m. of God, m. ofeivil or military authorities, govcmmmpl pdamies, fires, strikes, flood, epidemics, war, or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller firs, received knowledge Ommof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with nppldroble drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of are and competence in accordance with wV,ptVI standards for work of a similar nature. The Seller agrees 10 hold the purchaur harmless fmm any loss, damage or expense which the Purchase may wrap or incur on account of the Sellers breach of warrmry. The Seller shall replace, repair or make mind, without cost m the purehaur, any defers or faulty arising will ore (I) year or within such longer period of lime m may be prescribed by law or by the tents of any applicable warranty Provided by the Seller after the date of acceptance of the good famished hereunder (acceptanoe not to be unseasonably delayed), resulting fmm impecl 1 or defecive work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under This warranty. Except ns oherwiu provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pluchasev may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes b the corms, other than legal terms, including additions to or deletions from the 9u ouiVi origimllY mdoed to the sprefiVo per or drawings, by vedal or written chmge order. If any such change affects the amount due or the time ofperfommatme hermndm an compel le adjustment shall be made. 6. TERMINATIONS. IT, Purchaser may at any time by written change order, terminate this agreement as 1p any or all pinions of the goods then not shipped, subject to any equitable adjustment between the parties ns to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goad and/or work, for incidental or mrtxryuential damages, and that no such adjustmrnl be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such temmlwum shall relieve the Purchaser or the Seller army of their obligations as to any good deliwred hereunder. 7. CLAIMS FOR ADJUSTMENT. Anse claim for adjusment must be ani wipdn piny (30) drys from pe date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warren¢ that all goods sold hereunder shall have been pmpsord, sold, delivered and f fished in stria compliance with all applicable laws and regulations to which the good arc subject The Seller shall mecum and deliver such documents as may be rep ired to effect or evidence compliance. All laws and regulations required to be ncomoraled in agreemens of this character are hereby incoryorated herein by this reference. The Seller agrees to indemnify end hold the Pumhnser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers What, to comply with such law. 9. ASSIGNMENT. Neither parry shall Visitors, transfer, or convey Ids order, or my monies due or m become due tereunder without the Prior written Vincent arm, after Party. 10. TITLE. The Seller sanctions full, char and waresWemd title in ube Purchaser for all equrpmatl, maerials, anal items famished in perfonnma of this agreement, free and dear of my and all Idrns, mavictiam, opeev rtions, security Interval emparbou ces and claims of offers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any paare resulting from the pert ofwah work. This a lVem shall apply even in the cent of fault of negligatcc of the party released and shall extend to the directors, of cerz and employees of such party. The Sellers Va tracurf obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or ..it 10 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or powev, covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my end all claims for infringement by reason of the use of such patented design, deviV,, material or process in coureeton with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to Pay by remain of such Infringement at any time during the prosmution or after the completion of the work. In rose said atuipmmt or any part permf or the imended use of the good, is in such suit held ka mnstimm Infringement and the use, of said a3uipmmt or pan is enjoined, far Seller shall, at its awn expense and at its opfim, either procure for the Purchaser the right m continue using said equdpmmb or parts, replace the same with substantially egml but wninGnging equipment, or modify it w it becomes nardvfringing. 15, INSOLVENCY. If the Seller shall become insolvent or baN:mp, make an assignment for the benefit of creditors, appoint a receiver or Prime for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitions ofterms used or the interpretation of the agreement and the rights ofall parries hereunder shall be consumed under and governed by the laws of she Stale of Colorado, USA. The following Additional Container apply only in ensues where the Seller is re, pert work hereunder, imlud'mg the services ofSellen Ri presenmtive(s), on the pmnisu of orders. I). SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers arm risk until tie same is fully compleed and accepted, and shall, au of any accident, desWdion or injury a the work and/or m nsumb, bet Sellers fired completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment art Nmdshed by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or ocuipmem were being famished by the Seller under the order. 18. INSURANCE. The Seller sled1, a1 his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cmployas employed era or in comtedion with the work seemed by this purchase order. and/or to their dependents do acwNance with the laws of the site in which the work is to be dare. The Seller shall also carry comprehensive grimed liability including, but act limited to, coprincipal and automobile public liability insurance with bodily injury and deep limits of. least S3o0,o00 for my one pawn, $500,000 fro any ce accident and property damage limit Per accident of 5 Wjtl0U. The Seller shall likewise rryuim his ontractors, if any, to provide for such compensation am insurance. Before any of the Sellers or his mntemtors employees shall do my work upon the Premises of others, the Seller shall famish the Pcecha err with a ceniftnm that such compensation and insurance have been provided. Such certificates shall specify Has dam what such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. ]TO Seller agrees Out such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enure responsibility and liability for any and all damage, loss or injury of my kind r mature whatsoever m persons or property Valued by or resulting fmm the caVanion ofthe work provided for in this purchase order Or to swe ion herewith. The Seller will dmWeenify and hold hammless the Pushover rand my r It of the Furebasers i ffucers, agents and employees from end aga'v.l any and all claims, losses, damages, charges or expenses, whether direct or un imecr, and whether to persons err property m which the Purchaser may be put or subject by mason of my act a fine, m plec, omission or default on the pan of Oe Sutler, my of his m arricu i, or my of the Sellers or contractors officers, agents or employes. In case my suit or other proceedings shall be brought against the Purchaser, or its oRcers, omen% or employees at my time on ..at or by reason of any act, action, mgleet omission or default of the Seller of any of his contactors or any of its or their officers, agents or employ., as aforesaid the Seller hereby agree to assume the defense thereof end to defend the same at 0e Sellers awn expense, to pay my and all costs, charges, ara mmys fees and other expenus, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their oBiems, agents or employes in such suits or other proceedings, and in eau judgment or other ]am be placed upon or obtained against the property of the Purchaser, or said pan ins in or ns a result Pripet, riots or other proceedings, the Seller will a o.e Vas. the same lobe dissolved and diubarged by giving bond err otherwise. The Seller and his combustors shall take all safety Instructions, fort and install NI goad t eeessary for pe prevention of accidents, comply with all laws and mgulatians wall regard b safety including, bra without limitation. the Occupauonul Safety and Health Ad of 1970 and all roles and megulations issued pursuant thereat. Revised O7nOi4