HomeMy WebLinkAbout102529 BLACK'S GLASS INC - PURCHASE ORDER - 9150138Fort Collins
Date: 01108/2015
Vendor: 102529
BLACK'S GLASS INC
360JEFFERSON ST
FORT COLLINS CO 80524-2415
PURCHASE ORDER
PO Number Page
9150138 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/08/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Blanket Order
Misc. Labor/Materials
cover the cost of miscellaneous labor/materials
for fiscal year 2015. All deliveries shall be made
upon request of City Facilities department only.
All completed services must be accompanied by
an invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of aoods and/or services.
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
15,000.00
Total $15,000.00
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. COMMERCIAL DETAILS.
Tex cxemptions. By statute die City of Fart Collins is exempt from state end local taxer. Our Exemption Number is
I1. NONWAIVER.
98-0 502. Federal Excise Tax Exemption Certifcafo of Registry 84-60NS87 is registered with the Collector of
Failure of the Purchaser to insist upon win a formme. of the dims and conditions hereof, failure or delay to
Internal Ravmue, Deaver, Colorado (Ref. Colorado Revised Stasuto 1971, Chapter 39-26. 114 (a).
excreism any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a
breach the acceptance ofor payment for goods hereunder or approval ofh desipfl, shall riot name the Seller of
Goods Rejected GOODS REJECTED due to failure to meet specification either when shipped or due m defects of
my of the xarrmsen or obtigatiown of this pwchte order and shill not be deemed a waver of any right of the
damage in trmst may be retuned to you for cruet and ere cast to be replaced except Won receipt of "nest
purchaser to insist upon said erformance bundler my ofits rights or remedies se to my such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to my prior or volow umt default hereunder, nor shill airy purported
oral modification or rescission of this purchase order by the Purchaser operate an a waiver of my of the terms
Lcspecuon GOODS are subject to the City of Fart Collins inspection an effort
hereof.
Final Accptance. Receipt of the merchandise, services or epopmmt in response to Nis order can result in
12. ASSTGNMENT OF ANTITRUST CLAIMS.
authorized prymmt en the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser remgax that in actual consomme pmcide , am bargea resulting Rom antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are borneamchr. Th in fact by the Paseerwaforefor good ruse and or consideration for executing this
purchase order, the Seller hereby assists to the Purchaser my and all deirm it may may have or hereaRu
Freight Terns. Shipment most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless
acquired under federal or slue antitmn lases for such overcharges rearing 0 the particular goods or services
otherwise specified on this order. Hpermission is given to prepay freight and charge separately, the original freight
purchaid or acquired by the Purchaser pursuant to this Pannone order.
bill most accompany invoice. Additional char¢n for packing will not be rumored.
Shipment Distance. Where manufacturers have distributing points in various parts of due county, shipment is
returned from the nearest distribution point to des ice ian, and excess freight will be deducted from Invoice when
shipment are made from greater distance
Pete¢ Sella Moll procure at sellers sole ost Al necessary pormils, entificates and licenses required by all
applicable laws, regulations, ordinances and salesof the stare, municipality, forritory or politics] subdivision where
the cork is performed, or required by my other duly mnstimted public authority havingjurisdiuion over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmlres from and against ill liability and loss
incurred by them by reason of an assured or established violation of my tech laws, regulators, ordinances, roles
and requirement.
Authorirarmi. All parties to this convect agree that the represmtdvt are, in fact, bona fide and possess full and
complete authority to bind and parties.
11N9TATION OF TERMS. This Purchte Order urprooly limits acceprmce to the toms and conditions stated
herein ad forth and my'svpplwvmw r or additional tears and condltims ameam hereto or Incorporated herein by
reference. Any additiond or different terms and conditions proposed by seller are objected to and hereby moaned.
2. DELIVERY.
PLEASE ADWSE PURCHASING AGENT immediately if you cannot make complete shipment to arrive can your
promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time
stated on me purchase order and the document attached hereto. No rob of the Purchaurs including without
hammer, acceptance ofpwhA Ise deliveries, shill operate as a waiver of this provision. In the event of any delay,
the Pardoner dull ham in addition in other legal and equitable rernedit, the option of placing this order lseuhers
and holding the Seller liable for damages. However, the Seiler shell not be liable for damages as a result of cidays
due to causes not reesnnably foreseeable which we beyond its reasonable control and without it fault of negligmee,
such vet of God, act of mol or military authariee; govemmmW priorities, fires, mikes, food, epidemic, sous or
riots provided Nat motion of the conditions easing such delay is given to the Purchaser within five
(5) days of me
time when the Seller first received lumoyedge thereof. In the event of any such delay, the data of delivery shill be
Wooded for the period equal to the time actually lost by neaten of me delay.
3. WARRANTY.
The Sailer worms that ell goods, articles, nationals and vvr s covered by Nis order wilt conform with mpliuble
drawings, specification; samples mllor other dearripdons givers, will be fit for me purposes intended, and
performed acts the highest degree of cue and competence in accordance with accepted standards for vvork of a
similar nature. The Seller agrees to hold the purchaser harmless from my lot; damage or expense which the
Purchaser may suffer or incur m on account of the Sellers breech of warranty or The Seller shall replace, repair make
good, without cost to the producer, my defects or faults wising within one (1) yes or within such longer Period of
time as may be prescribed by law or by me forms of my applicable warranty provided by the Seller after the dare of
acceptance of the goods furnished hereun
der (acceptance or to b, unreasombly delayed), resulting from imperfect
or defedve work done or mammals fomished by me Seger. Acceptance or we of goods by the Puchtec shill not
mnstimto a waver of my claim order mis warranty. aerial as otherwise provided in this purdiase order, the Sellers
liability hereunder shill extend m At damage proximately owned by Ne broach of my of me foregoing wamnnes
or guarantee; but such liability shall in no event include loss of profit or loss of use. NO IMPLIED WARRANTY
OR NIERCHANfABILITY OR OF FTMSS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal dims by writ en chomp order.
5. CHANGES IN COhWaff.RCIAL TERMS.
The Purchaser may make any dunges a the terms, ceder man legal temu, including additions to or deletions from
the gon66es originally ordered in the epecifiotinns of drawings, by vorbd or written chmge order. If my such
change Affects the amount due or the time ofperformence hereunder, an equitable adjunmmt shell be made.
6. TERMINATIONS,
The Purchaser may at my time by written change order, terminate this agreement t to my or all Portions of the
goads then not shipped subject to any equitable djuswent between the pmia u to my work or materials then in
progress provided that the purchaser Aid( not be liable for my claims for anticipated profits on the uncomplesed
portion of the goods and/or work, for incidend or rmttquentiat damages, and that no such adjuommt be made in
favor afore Seiler wits impact to my ggodz wbich we the Sellers standard stock No suds temdndon shall re ieve
the Purchaer or the Seller of my of their obligmtions t to any gods delivered hereunder.
). CLAIMS FOR ADJUST W.
My ddan for adjustment mutt be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WTfH LAW.
The Seller nommt that At goods sold hereunder shot have been produced, sold delivered and furnished in strict
complimee with At applimbls laws and w0astions to which the geods ate subject The Seller shall exmute aid
deliver tech documents as may be recruited m effect or evidmm compliance. All laws and regulations record to be
inorpommd in eg.srms of this diameter are hereby incorporated herein by this reference The Seller Worn to
indemnify and hold the Purchaser harmless from At cost and damages suffered by die Purchaser as a result of the
Sellers fclow to comply wive Such law.
9. ASSIGNMENT.
Neither patty shill assign, transfer, or convey this order, or my moat due or to become due hereunder without the
prior wrinm consent of the other parry.
10, glglE
The Seller warrant full, clear and unrestricted this to the Purolator for ell c,cepmmt materials, and items furnished
in peform a of this agreement free and dew of my and ell lions, restrictions, reservations, scrunry imereat
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direct tea Seller as correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates it inability err unwillingness Is comply, the Foreclose,
may eman me work to be pwi rcud by me meat expeditious means salable to it and the Seller shell pay all
cost modified midi such wnrk
The Seller shall release due Purchaser and it contractors of my her Tram all liability and claims of my name
resulting from me performance of such work
This release shall apply even in the event of fault of negligence of the party released and slid] extend to the
directors, officers and employees of such party.
The Sellers cono-actual obligations, including wamnty, shall not be deemed to be reduced, in my nay, bcwase
such pork is po read or caused to be performed by the Purchaser.
14, PATENT&
Whenever Ne Sell«isrequiredwusemydesign,dcv+.twtendorpmcessmvemdbylever,pumtvdemark
or copynpps, the Seller slid] indemnify and save harness the Purchaser from my and ell claims for infringement
by reason of the use of such pumted design, device, material or process in mnnotion vath the contract, and
Audi indemnify the Purchaer for my cost, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prosecution or after the completion of the work In rue said equipment or
my pm thereof or the intended use of the godz, is in such suit held to constitute infringement and the use of
said equipment or peas is enjoined, The Seller shill, at its oven expense and at its option either procure for the
Puncheon the right to continue using said equipment or parts, replace the same with substantially equal but
noninffforwngc tipmeat or modify it so it becomes mninfiinging
15. INSOLVENCY.
If me Seller shall become insolvent or bankrupt make an swigmnmt for the benefit of creditors, appoint a
receiver or ounce for my of the Sellers property or business, mis order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of seems used or the inte,ponation of the werment aid the right ofall parties hereunder shall he
constmd codes and governed by the laws ofe Seem of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises mothers,
IZ SELLERS RESPONSIBILITY.
The Seller shill carry on said work u Settees own risk until the sense is fully completed and accepted, and shill,
in case of any accident desweson or injury to the vwrk and/or maforialz before Sellels find completion and
ameptmce, complete 6e'work st Sellers own expense and to the satisfaction of the parishioner When matedais
end equipment we furnished by others for irmdlarim or motion by the Seller, the Seller shill receive, intend,
some and handle same st the she and bavme responsible therefor a though such materials mdlor equipment
were being furnished by the Soler under the order.
18, INSURANCE,
The Seller shill, at his now mxprnse, provide for the payment of workers compensation, including occupational
disease benefit, to is employees employed on or in owofion wiN the soh covered by this purchase order,
m&w to their dependant in accordance eiiih the laws of the sting in which the work is to be dome. The Seller
chill also earry mmprdmsive seam] liability indudng, but not limited to, mnmctual and ammobile public
liability insurance with bodily injury and death limits of az lot $3W,000 for my one person, $500,000 for my
one accident and property damage limit per accident of Villain, The Seller shall likewise require his
contractors, if my, to provide for such compmswon and insurance. Before my of the Sellers or his contractors
employes shall do my work upon the premiss of other; the Seiler shill furnish the Purchaser with is certificate
that such compensation and insurance have bean provided Such certificates shall specify the date when such
compensation and insincere hue been provided. Such certificates shall specify the date vhm such cumpm asomm
and insurance expires. The Seller agrees that such compensation and insurance shall be mantained well after the
were work is completed and accepted
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and ell dotage, lass or injury of my kind
or nature whatsoever to persons or property, mused by or raulfing from the execution of life work provided for in
this purchase order or in connection herewith. The Seller wall indemnify and hold ham oat the Purchaser and my
or ell of the Purchasers officers, agent and employees from and against any and all claims, losses, dmtagt,
charges or expanses, whether direct or indirect and whether to persons or property to which the Pwchazer may
be put or subject by reason of my act action, neglect omission or default on the part of the Seller, my of his
contractors, or my of die Sellers of contractors afters, agents or employes. To car my suit o other
proceedings toll be brought age=me Pechter, or its officers, agent or employees at arty time on scmwt or
by mason of my at, ration, neglect, omissive or default of the Seller of my of his contractors or my of its or
their offeers, agent err employees az aforesaid. the Seller hereby agrees to assume the defense thereof and to
defend Ne same at the Sellers own expense, to pay any and At casts, charges, attorneys fee and other expenses,
my and all judgment that may be incurred by or obtained against the Purchaser or my of is or their oRmrs,
agents or emplmyaa in such sums or other proceedings, and in ate judgment or other lim be placed upon or
obtained against the property ofe Purchaser, or said parties in or as a result of such suit or other proceedings,
the Seller will az ..on Ouse the same an be dissolve and discharged by giving band or otherwise. The Seller and
his conomtors shall take ell srEdy precautions, famish and install ill guards necessary for the pousso en of
accidents, comply vv+th ell laws and regdaeons with regard W safety including, but wimous limitation, the
Occupations! Safety and Hee1N Ad of 1970 and all rules and regulations isud pursuant thertm.
Revised OM014