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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9121667City of art Collins Date: 03/19/2012 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT Colorado 80610 PURCHASE ORDER PO Number Page 9121667 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/19/2012 Buyer: OPAL DICK N ote Line Description Quantity UOM Unit Price Extended Ordered Price Anchor building and pour 1 LOT EA 8,616.00 concrete slab UCan._.. C3. Ovl.-�-¢Q �e_ 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 Total $8,616.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Ternls and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By .aamm the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-MS02. Federal Excise Tax Exemption Certificate of Registry 84-6000537 is registered .with the Collector of Failure Of the Purchaser m insist upon strict performance of the tears and conditions hemof. failure or delay to Internal Revenue, Denver. Colorado (Ref, Colorado Revised Statutes 1973. Chapter 393F, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofor payment for good h rcunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet apisificitioas either when shipped of due to defects of any of the mammies or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hermfor any of its rights or remedies as fairly such goods, regardless instructions from the City of Fort Collins Of when shipped, received er accepted, as to any prior Or subsequent default hereunder. ant shall any parpaned col modification Or rescission of Ibis pnrchnse order by the Purehnscr Operate as a waiver of any Of the terms Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resperte to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. HO, c,,er, it is to he understood that FINAL Seller and the Purchaser recognize Ihit in actual economic practice. Overcharges resulting from tuddrast 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 carnsidemtin l for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now haw or hereafter Freight Terns. Shipments must be F.O.A.. City of Fort Collins. 700 Wood St., Fan Collins CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the pxrtimdr goods Or services otherwise specified on this order. If permission is given to prcpny freight and charge separately, the original freight purchased or- required by the Purchaser pursuant radius purchase rrdmf hill must accompany invoice. Additional charges for packing will not M accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mxnufacmrcrz have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller incorrect nrnconfmmning or defective goods by a date ro be agreed upon by the expected from the nearest distribution point to datinmian, and excess (might will be deducted from Invoice when Purchaser and the Seller.and the Seller Ihcreaftcr indicates its inability or unwillingness to comply. the Purchaser shipments arc made from 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 trnrk. Permits. Seller shall procure at sellers sale cast all neccas'try, pewits, certificates and licenses required by all applicable lams, regulations. ordinances and rules of the slate. municipality. territory or political suhsli, ision where the work is Performed. or required berry other duly constitutcl public authority having jurisdiction over the 0Ork Of vcndm. Seller further agrees to hold the City of Fro Collins harmless farm and against all liability rand Ins incurred by them by rcasan arm ,cxcrlcd or eslablished vinhiian of any such loxes, rcgu0ations, onlinnnces, rules ,and requimment, A uthorfm lion. All panics to this contract agree that the representatives arc, in fact, buns fide 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 faith and any supplementary Or additional terms and conditions annexed hereto or mempanmted herein by reference. Any additional or different terms and conditions f ropesed by sdlerare ohiected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carman make complete shipment to arrive on your promised delivery date as noted. Time is critic 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 partial late deliveries shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shill have, in addition to other legal and equitable readies, the option of placing this order elsewhere ,and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which an beyond its rcaaonalr a control and without its fault ofnegligence, such acts of Gad, acts of civil or milimre authorities, governmental priorities, rims strikes, flood, epidemic, wars or riots pmvidcd that entice of the conditions causing such delay is given to the Purchaser within live (5) try, ofthc time when the Seller Post received knowledge thereof In the event orally such delay, the data of delivery shall he cstcndcd for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wimants that all goods, articles, materials and work covered by this order will coalition with applicable dmwms, specifications, samples and/or other descriptions given, will he fit for the purpnscs intended, and performed with the highest degree of care and eampetenee in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hnrmlcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make great without cast 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 ofany applicable warranty provided by the Scllcr ancr the date of acceptance of the good Famished hereunder (a rceptznec not to be unreasonably delayed), resulting from imperfect or defective walk done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as Otherwise provided in this purchase order, the Sellers liability hereunder .shall extend to all damages proximately caused by the breach of any of f ac foregoing ware macs on guarantees, but such liability shall in no event include loss nfpmlits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS, The Purchaser may make changes to legal terms by,filter, change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpnfommncc heennder, an egnitablc adiustmcat shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. .subject to any equitable adjustment between the panics as to any work ar materials then in pmgress pmvidcd thaGthe Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidcatzl or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Shccrs standard stock. No such termination shall relieve the Purchaser or the Scllcr of ran)of their obligations as to tiny goods dclivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adiustment must be asserted within thirty (10) days from the date the change or termination is ordered. 8. COMPLIANCE WITU LAW. The Seller Leamnls that all good sold hereunder shall hive been produced. .sold, delivered and Famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents its may he 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 hnwlcs form all costs and damages suffered by the Purchaser its a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, innsfcr. or convey this order. many monies doe or to became due hcrcrndcr without the prior written consent of the other party. 10. TITLE. The Seller warrants full. Clem and unrestricted title to the Purchaser for all equipment. materials, and items furnished in perfnmance of this agreement free and clear of any and all liens, restrictions. resccnations, security interest encmmbrances and claims of mhcrs. The Seller shall release the Purchaser and its contractors Of any tier from all liability and claims of any nature residing from the perPormnnce nfsneh walk. This release shall apply even in the event of fmdt of negligence or the party rclensed and shall extend to the dirccmrs. Mficcn and employees nfsueh party. The Seller's eontrachal abligatiOm, including warmty, shall not he deemed to be reduced, in any way. hecanse such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter. patent tidemark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of such parented design, device, material or pmecss in connection with the contract, and shall indemnify the Purchaser totally cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the proticeution or after the completion of the work. In case .said equipment. or any pan thereof or the intended use of the goods is in such suit held to constitute infringement and the use Of said equipment or pill is enjoined, the Seller shall, at its own expense and at its option, either pocure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnaging equipment Or modify it so it bttnmes noninfringing. IS. INSOLVENCY. If the Seller shall theft, me insolvent m hankntpt make an assi Fmmcm for the henclil of creditors, appoint a receiver Or trustee for any of the Sellers property or haziness. this order cony forthwith be canceled by the Purchasc, without liability. 16. GOVERNING LAW. The definitions aftcmLs used or the interpretation ofthe agrccmcat and the rights ofall parties hereunder shall be construed underand governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Shccrs Rcprc,enativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall ea ry on,said mark at Seder's own risk until the same is fully completed and accepted, and shall, in case orally accident, destnmtion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's men expense and to the satisfaction Of the Purchaser. When materials and equipment arc famished by otters fur installation or erwina by the Seller. the Seller shall receive, anlond, ,mm and handle same it the site and become responsible therefor as though such materials and/or equipment new being furnished by the Seller under the Order. 18. INSURANCE. The Seller shall, at his noon expense. provide for the payment of Walkers compensation, including occupational disease hencrts. to its mnployccx employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the slate in which the work is to In, dune. 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 ]cast S300.000 for any One person. S500,ft00 for any one accident and property dnmagc limit per accident of S400.rift The Seiler shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises ofotbcrs the Seller shall furnish the purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compeasation and insanitary expires. The Seller agrees that such compensation and insi nnec shall he maintained until a0er the entire nark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ,asume, the entire responsibility and liability for any mud all damage. lose Or injury orally kind Or nature whalmcvcr In Acosta, or properly crowd by ar exalting from the execution wrihe walk provided for in this purchase order or in connection herewith. I lie Seller will indemnify and hold harmless the Purehnscr and any or all of file Purchasers oPoccrs, agents and employees Iran, and against any and all claims, losses, damages, charges Or cxpcnscs, whether direct or indirect and whether to persons or pmperty to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his conwetors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purehnscr, or its officers. agents Or employees many time on account or by reason of any act. action, neglect onsission or default of the Seller Of any of his contractors or any of its or Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charge.. onomcys fees and other cxpcnscs, ,any and all judgments that may be inmiwd by Or obtained against the Punh rscr or any of its Or their officers. agents or employees in such suits or other proceedings. and in case judgment or Other lien he placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result of such suit or other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or mhcneise. The Seller and his contactors shall take all ,.,rely precautions. furnish and install all guards necessary for the prevention of ,accidents. comply with all lams and regulations with regard to safety including, but without limitation, the Occupational Safety and Ilcnllh Act Of 1970 and all mles and regulations issued pursuant therein. Revised 03/2010