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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9115239FoN Collins Date: 09/12/2011 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT Colorado 80610 PURCHASE ORDER PO Number Page 9115239 'eft his 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 Data; 09/12/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Provide and Install 2Permanenl 1 LOT LS 5,237.00 City H44 bollards and 2 removable bollards per drawings and 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:purchasingaQfogov.com 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 stamt the City of Fort Collins is exempt from state and local mxen. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfmmhmce of the terms and conditions hereof, failure or delay to Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failum to promptly notify the Seller in the event of a breach, the acceptance of orpayment for goods hereunder or approval of the design, shall net release the Sellm of Goods Rejected. GOODS REJECTED due to faihme to meet specifications, either when shipped or due to defaces of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and an not to be replaced except upon rceeipt of written pumhmer to insist upon strict peformanec hereof or any of ins rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or mscisnon of this purchase order by the Purchaser operate as a waiver of any of the tams Inspection. GOODS am subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this under can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part 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 upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this puwhase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal of state antitrust laws 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 Pumbaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Sellor to correct nonconforming or defective goods by a doe ro be agreed upon by the expected fund the wrest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser, shipments are made from greater distance. may now the work to be performed by the most expeditious menus available to it, and the Seller shall pay all costs associated with such work. Permits. Sellm shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, ogulations, ordinances and min of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty cunstiMed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reasou of an asserted or established violation of any such laws regulations, ordinances, min and requirements. Authorization. All parties to this contract agree that the representatives an. in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto m incorporated heroin by reference. Any additional or different urns and conditions proposed by seller are objected to and bunchy mIlected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedmuly if you carmot make complete shipment to, arrive on your promised delivery date m noted. Time is of the essence. 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 of pmtial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall net be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negiigcmc. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (3) days of the time when the Seller Best received knowledge thereof. In the event of any such delay. the time of delivery shall be extended for the period equal to the time acnrelly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articlm 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 care and compensate: in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless front any loss damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of aceepmw of the goods famished hounder (acceptance two m be umeasenably delayed), resulting fmm imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shape extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal more; by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terry, other than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by vehal or written change order. If ahry such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, termini, this agreement as to any or alp potions of the goods then not shipped, subject m arty equitable adjustment between the parties as many work or materials then in Progress; provided that the Purchaser shall not be liable fat any claims fat anticipated profits on the uncompleted portion of the goods and/or work, for incidcnul or consequential damages, and that no such adjustment be made in favor of the Seller with respect to airy goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Sell" of my of their obligations "m any goods delivered hereurnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fired the time the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goo& mid hereunder shall have been produced. sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to ef@ct or evidence compliance. All laws and regulations required to be incorporated in agree news of this character are hereby incorporated herein by this refeence. The Sell" agrees to indemnify and hold the Purchaser harmless from all exsm and damages suffered by the Purchaser as a result of the Sellers failure to comply with such paw. 9. ASSIGNMENT. Neither party shall assign, trnmfer. or convey this order, or any counties; due or m become due hereunder without the prior written eansent ofthe other patty. 10. TITLE. The Seller warmnm full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfommomm of this agrecemens free and clear of any and all liters. restriction. reservations, security interest ercumbrences and claims ofothers. The Seller shall release the Purchaser and its "Mom of any tins from all liability and claims of any nmunc resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend ro the directors, officers and employees ofsuch Petty. The Sellers cantowdral nbligations, including warranty, shall net be deemed to be reduced, in any way, because such work is performed or caused an be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required an use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Pumhasm from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense m damage which it may be obliged to pay by reason of such infringement at any fime during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan 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 the same with substantially equal but noninfringing equipment. or modify it so it becomes mmtinfringing. 15. INSOLVENCY. If the Seller shall becornc insolvent or bankmp, make an assignment for the benefit of creditors, appoint a receiver or tnrume for any of the Scllers property or business, this order may forthwith be carceled by the Purchaser without liability. 16. GOVERNING LAW. The dMnitions oftmon, used or the interpretation of thc agreement and the rights of all parties hereunder shall be construed under and governed by the paws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprnsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on mid work at Setters own risk until the same is fully completed and accepted, and shall, in case of any acciden, destruction or injury to the work and/or materials before Seilces final completion and acceptance, complete the work at Setters own expense and to the satisfaction of the Purchases. When materials and equipment are furnished by others fat installation or erection by the Sella, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cmployces employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the paws of the sate in which the work is to be door. The Seller shall also carry comprehensive general liability including, but net 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 property damage limit per accident of $400.000. The Seller shall likewise require his commands, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cedifhcate that such compensation and meadnec have been provided. Such cetificates shall specify the time when such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell" hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whasoevm to peesons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handles the Purchaser and any or all of the Purchaser officers, 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 to which the Purchaser may be pm or subject by reason of any act. action, neglect, omission of defauh on the pot of the Seller, any of his contrassm, or any of the Sellers or contractors officers, agents or employees. In eau any suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on amount or by reason of any and, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or cmployces as aforesaid the Seller hereby agrees In, assume the defense thereof and m defend the same at the Sellers own expense, 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 officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings the Seller will at once now the same to be dissolved and discharged by giving bond of otherwise. The Seller and his contractors shall mke all safety precaotious famish and install ail guards wessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcry and Health Act of 1970 and all min and regulations issued pursuant thereto. Revised 03)2010