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HomeMy WebLinkAbout100158 APEX GUTTER CO - PURCHASE ORDER - 9111254Fort Collins Date: 03/01/2011 Vendor: 100158 APEX GUTTER CO. PO BOX 2081 FORT COLLINS Colorado 80522 PURCHASE ORDER PO Number Page 9111254 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/01/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Remove existing copper gutter on the west side and replace with matching copper gutter. Apply patina on the new copper gutter. C3. Oi'la:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 9,905.00 905.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 8es-60010587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to rued specifications, either when shipped or due to defects of damage in transit. may be roamed to you for credit and are not to be replaced except upon receipt of written instruction form the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon ,strict performance of the toms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmply notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seiler of any ofthe wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcrcoforany of its rights or remedies as to any Stich gads, regardless of when shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall any purported oral modification or ¢scission of this purchase order by the Purchaser operate as a waiver of any of the toms hereof. Final Acceptance. Receipt of the me¢handise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authnrind payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent alien completion ofall applicable required inspection pmecdurcs, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fart Collins, 7(N) Wood St_ Pan Collins, CO R0522. unless acquired under federal or state antitrust lows for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately. The original freight purchased or acquired by the Purchaser pursuant to This purchase wmce bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in ..rims pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller. and the Seiler 1hercn0cr indicates its inability or now illinguess to comply, the Purchaser shipments are made form greater distance. 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. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licences required by ell applicable laws. regulations, ordinances and rules of the state, municipality. territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlesc from and against all liability and loss incepted by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and rcquircmcnts. Authorisation. All parties to this conmct agree that the mpresentatives am, in fact, bona ❑dc and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set (oath and any supplementary or additional toms and conditions annexed herein or incorporated herein by reference. Any additional or different tctns and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your Promised delivery date as nntcd. Time is of the csencc. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation. acceptance ofianial late deliveries, shall operate as a waiver of this pmvision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a resnh of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God acts ofcivil or military authorities, governmental priorities Bras, strikes, food, epidemics, wars or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof. 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 wamnts that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamllcs fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seiler shall replace. repair or make gad, without cos, to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescnbcd by law or by the toms of any applicable warranty pmvided by The Seller afcr the dote of acceptance of the goods famished hacundtt (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by The Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise pmvided in this pnrehaac order, the Sellers liability hereunder shall extend to a1I damages proximately caused by the breach of any of the foregoing is amounts or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF I" FSS FOR PURPOSE SHALL APPLY. 4. CH ANG ES I N LEGA L TERMS. The Purchaser may make changes to legal tarns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms, including additions In or deletions fmm the quantities originally ondcrcd in the specifications or drawings, by verbal or written change under. If any such change affects the amount disc or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. laminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bctaven the panics as to any work or materials then in Progress pmvided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such tcrmina,ion shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is rndcred. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless, from all costs and damages suffered by the Purchaser as a result of the Sellers failure 10 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 of the other parry. 10. TITLE. The Seiler warrants full, clear and unrestricted title In the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of nthcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsach work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's com actual obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is performed or caused to be perfumed by the Purchaser. M. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hrmles the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the conmct. and shall indemnify the Purchaser for any cost, expcnsc or damage which it may be obliged to 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 intended use of the galls, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expcnsc and at its option, either procure for the purchaser the right to continue using said equipment or pans, replace the .came with substantially equal but noninfringing equipment or modify, it so it becomes noninfringmg, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the bereft of creditors. appoint a receiver or tustec for any of the Sellers property or business. this order may fenhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temis used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be eonstn¢d under and governed by the Imes of the Slate of Colondo. USA. The following Additional Conditions apply only in eases where the Scllcr is to perform work hereunder. including the services of Scllcrs Represcmative(s), on the premises of mhos. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the lime is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance complete the work at Seller's own expense and to the .satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seiler. the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were bring famished by the Seller under the order. 19. INSURANCE. The Seiler shall, at his own expense, provide for the payment of is orkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes 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 public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or hiscompactors employees shall do any work upon the premises of olhers, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecnifiemes shall specify the date when such eenrpensxtion and insurance expires, The Scllcr ngrecs that such compensation and insurance shall he maintained until aver the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or reselling fmm the execution ofthe work provided for in this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees foram and against any and all claims, losses damages, charges or expenses, whdher direct or indirect, and whdher to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In ease any suit or niter proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their offcc., agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same a, the Sellers own expcnsc, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthc Purchase,. or said panics in or as a result ofsach suits or other proceedings. the Seller will at once cause the same to be disolved and discharged by giving bond mothenvise. The Scllcr and his contactors shall take all misty precautions, for ish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thcrcm. Revised 03/2010