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HomeMy WebLinkAbout102590 FRONT RANGE RAYNOR DOOR CO INC - PURCHASE ORDER - 9150231PO PURCHASE ORDER 9150231 Page Cliy, O'f50231 1 of 2 ' `tCollins/ This number must appear ` V " on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 102590 FRONT RANGE RAYNOR DOOR CO INC PO BOX 270746 FORT COLLINS CO 80527-0746 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 10,000.00 Misc. Labor/Materials to cover the cost of miscellaneous labor/materials for fiscal year 2015. All services shall be ordered by 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 goods 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I RUN t - v r rpm nalm.T. amr as Page 2 of 2 1. COMMERCIALDEfA1LS. Tax exemptions. By swum the City of Fos Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Guiana of the Purchaser to insist upon strict perf mmrre of the terms aM conditions hereof, failure or delay or Internal Revenue, Denver, Colorado (Rd. Colorado Revised Stories 1973, Chapter 39-26, 114 (a). excreise any rights or remedies provided here= m by law, failure to promptly nofify the Seller in the event of a breach, Be acceptance ofor payment for goods hermader or approval ofNe design, shall not releme the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warrantin Or obligations of this purchase order and shall not Ire deemed a waiver crony right of the damage in nansil, may be retumcd r you for credit and are not to be replaced except upon receipt of wrinev parcbaser b insist upon stet performance hareofor my of its rights m remedies m to any such goods, regardless mawctions from the City airport Collins. of when shipped, received or accepted, as to any prior or subsequent default hacunder, nor shall any purposed oral modification or rescission of this purchase water by the Parchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fos Collins inspection on arrival. herd. Final Acceptance. Receipt of rim mesh dire, services or equipment in response r this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pas of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Pumhner recognize that in actual economic pmcfice, overcharges resulting from antitet ACCEPTANCE is depamdealupon completion fail applicable requited inspection procedures. violatiotw arc in fact berme by the Purchase, Theretoforefm good came, aM as consideaafion for exerting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments run he FOR, City of F. Collins, )oo Wood Si-, Fort Collins, CO W522, micas acquired under federal Or sum antimest laws for soh overcharges miss., to the ,ashlar goods or services otherwise specified cons this order. If,eatnission is given to prepay freight and charge separately, ate original freight purchased or acquired by ate Purchaser pursuant m Nis purchase ordi bill must accompany invoice. Addiliowl charges for packing will not be accepted. Shipment Distance. Where manufacturers have diambuting points in various parts of the counmy, shipment is expected from line recast distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greater distance. permits. Seiler shall procure at sellers sole coal all necesury permits, camficares and licenses required by all applicable laws, negulntime, ordinances and roles attire sure, municipality, arirory or political subdivision where the work is performed, or required by any other duly consrirted public authority havingjayaliction over the work of vendor. Seller funhcr agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authnnzalion. All Parties to this comma agree that the representatives are, in fact, bona fide and possess full and orriauthority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits scceptone, tow the terms and conditions staled herein set fosh and any supplementary ,, additiunul terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ore objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arrive on your prmised delivery dale na noted. Time is of the essence. Delivery and performance most be effected within the time shared 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 Purchaser shall have, in addition to [her legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a mull of delays due to causes not reasonably fomeeabls which are beyond its mountable cowl and wiNnut its fault of negligmm, such arts of Gad, ots of civil or military amhommr, governmental priorities, fires, strikes. Rood, spidemies. wars Or not, provided ram notice of the conditions causing such delay is given to the Purchaser within five (3) days c f the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period cqued to the time armailly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work entered by this order will canto m with applicable drawings, specifications, samplas andNar other descriptions giver, will he fit for the puryoses intended, and partitioned with the highest degree of care and competence in accordaoe with accepted standards for work of a fifinflur nature. The Seller agrees to held the purchaser hormless from any loss, damage or expense which thr Purchaser may suffer m incur on account of the Sellers branch ofoomma ry. The Seller shall replace, minicar make good, without cast to the parsemi any defects or faults arising within one (1) year or within such longer peen l of lime as may be prescribed by low or by the arms of any applicable warranty provided by the Seller fifer the dam of acceptance of the goods famished hereunder (accep once not to be mrersmably delayed), resulting from imperfat or defective work done m rtamrLsls furnished by the Seller. Acxptmce muse of goad by the Purchaser shall or oreadome a waiver of any uM claim er Nis amounts. Except as orlerviw pmvided in this purchase order, ate Sellers Imbilil hamster shall extend to all damages proximately caused by the branch of any ofNe foregoing warranties or grantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 1N LEGAL TERMS. The Purchaser may make changes to legal tens by wrnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tern, other than legal terms, including additions to or delutions Gom the gnamin. origimally ordered in the sped fcutions or drawings, by verbal or women change order. If any such change affects the amount due or the time of,erformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pr ahaaer may at any time by written change order, terminate this agreement as to my or all parions of the goods then not shipped, subject o any cquimble adjustment between the parties as 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 goods an&or work, for incidental or area,matial damages, and that no such adjustment be made in favor of the Seller with respect to any good which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to my good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within d rep (30) days from the date the change or limitatiins is ordared. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heemmMer shall have ban produced, sold delivered and famished in other compliance with all applicable laws and regulations to which the good ere subject. The Seller shall excrete aM deliver such documents as may be rcquied to effect or evidence compliance. All laws and regulations requited m be incoryorated in agreements of this character are beeby incorporated herein by this reformers. The Seller agrees to indemnify and hold line Purchaser harmless from all casts and damages anffcal by the Forebear as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, o-ensfia. Or comp, this order, or any monies due Or in become due bereun la without the prim wham consent ofthe other party. I o. TITLE. The Seller warms full, clear and comthcted title to the Purchaser for all equipment, materials, and items Nmishod in performance of this agreement. free and clear of any rat all Iiem, mtaior, reservations, secwiry interest rncumbranca and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cones nonconforming or defective goods by a rime to be agreed upon by the Purchase, and the Seller, and the Sella thceBa indicates its itabany or unwillingness to comply, ate Purchaser may an. the work Iw be performed by he ..at expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchnser and its contractors of any tier from all liability and claims of any nmure resulting form the performance crouch work. 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 ofsuch party. The Seller's contractual obligations, including warranty, shot[ not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Set let shall indemnify and save harmless the Pmrcherser Gom my mid all claims for infringement by reamn of the use of such patented design, device, =[coal or proresa in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngemem at any time during the prosecution or after the completion of the work. In case said c pirment, or any pan thereof or the intended use of the gods, is in such suit held r consulate infngemenr and the use of said equipment or pan is enjoined, ate Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace fee same with substantially rytal but no inRin6ing equipment, or modify it an, it becomes aoninGnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an tro gmnmt for the benefit of aredlmrs, appoint n nr maxtee for any or the Sellers property or business, this under may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions circuits used or the overprtution of the agreement and live rights ofall parties hereunder shall he construed unda and governed by the laws ofNe State ofCulorado, USA. The following Additional Conditions apply only in cases where she Seller is to perform wank hereunder, including ate services of Sellers Represenutive(s), on line premises ofodmia, I). SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own risk m it the sane is fully completed and accepted, tad shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and arcepetue, complete the work m Sellers own expense and to the catisfaction of ate Purchawr. Wben grommi s and cquipmmt art Bloodshed by others for installation or erection by the Seller, the Seller shell meeive, unload, store and handle sure at the site and become responsible therefor az though such materials andror equipment was being remained by the Seller under de order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatim tot disease benefits, to its employees employed on or in correction with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile pi liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any one occident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify fire dam when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shot[ be maintained until after the arm, work is cumpinM and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby coroes the entire mponsibiliry not liability for any and all damage, loss or injury ofany kind Or talure whatsoever to persons or property caused by or resulting from the exertion of the weak provided for in this purchase order or in connection herewith. The Seller will indemnify aM held harmless fee Purchmer and any or all of the Purchmers officers, agents and employees from and against any and all claims, losses. damages. changes or expenses, whether direct or iMieel, and whether to persons or property to which ate Purchase, may be put Or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or comments officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchmer, or its officers, agents or employees at any doe on acrmt or by reamn of any ma. action, milled, omission or default of ate Seger of any of his conoacons or any of its or their officers, agents or employe as of said. the Seller hereby agrees to assume the defense thereof and to defeM the same at rise Sell. own cxprmc, to pay any and all costs, charges, anomeys fees and) other expenses, any and all jMgmcnts that may be incurred by or obtained against the Puehacer many of its or their offices, agents or employees in such suits or other proceedings, and in case judgment m other lien be placed upon or obtained ngaimt the propesy ofnre Purchaser, Or said parties ex or as is result of such ndts m other proceedings, the Seller will to once cause the same to be dissolved and diarharged by giving bond or otherwise. The Seller cant his contractors shall asks all safety precautions, famish aM install all pounds necessary for the prevention of accidents, comply with all laws and regulations with regard an safary excluding, but without Iisilaton, the Occupational Safety and Health Act of 1910 and all roles and regulations issued pursuant thereto. Raised 0TQ014