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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9121621City of art Collins Date: 03/16/2012 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT Colorado 80610 PURCHASE ORDER PO Number Page 9121621 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 03/1612012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Ordered Extended Price Repair stairs at Southridge Club house WO# P12-04 City of 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 Total Invoice Address: 5,127.00 $5,127.00 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 statute the City effort Collins is exempt foim state and local taxes. Our Exemption Number is 9R-0W502. Federal Eseme Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Reviwd Statutes 1973. Chapter 39-26. 114 (n). Guests Rejected. GOODS REJECTED due to failure In mca specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon mitt performance of the terms and conditions hereof. failure or delay to exercise any rights or remedica provided herein or by law, failure to promptly notify the Seller in the event of a breach. the ncceptence afor payment for goods hereunder or approval ofthc design, .shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or ternaries as to any such goods. regardless of when shipped, received or accepted, as In any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. amhorized payment oa the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE i%de u ndem upon completion ofall applicablc required inspection procedures. - violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for excaning this purchase order, the Seller hereby assigns to the Purchaser any and all claim% it may now, have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 IVmd St., Fen Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicular good or services otherwise specific! an this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf cearem have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am 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 cnsm a,wended with such work. Permits. Seller shall procure it sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, nrdinanccs and rules of the state, municipality, territory or political subdivision where the work is perfomred, or required by any other duly com timocd public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fort Cnlins harmlcc fmm and against all liability and Ins" incurred by them by reason of an aswired or established violation of any such laws, regulations, ordinances, rules and requirements. Authoriamion. All parties to this contract agree that the representatives arc, in fact, bona 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 forth and any supplementary or additional tcmu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpowd by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date in, noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents mpaehcd hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its Ftult ofnegligenee, such a¢" of God, acts of civil or military authorities, governmental priontics. Fires. strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhawr within five (5) days of the time when the Set let First received know [edge thereof. In the event of any such delay, the date of del ivory shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good. 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 care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hmmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of warmane. The Scllcr shall replace, repair or make good, without cost to the porehawr, 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 emu of any applicable warranty provided by the Seller aRer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done on materials famished by the Seller. Acceptance or use of goods by the Rochascr shall not constitute a waiver ofany claim under this warranty. Except is otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR M ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terms by waincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tcmu, including additions to or deletions point the quantities originally ordered in the spceifieatlons or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by wrten change order. terminate this agreement as to any or all ponders of the goods then not shipped, subject to any equitable adjustment between the parties se to any work or materials then in pmgrcxs provided that the Purchaser shall not be liable for any claims for anticipated pre its on the uncompleted proven of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must be asseoed within thirty (30) days from the date the change or nomination is orlcrcd. R. COMPLIANCE WITH LAW. The Seller warrants that all grad sold 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 Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homiless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order. many monies due or to become due hereunder without the prior written consent of the other party. IO.TITLE. The Seller wanants full. clear mad unrestricted title to the Purchaser for all equipment, materials and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions rcwnations, security interest encumbrances and claim, fothers. The Seller shall release the Purchaser and its enntractom of any her from all liability and claims of any nature resulting From the perfonoance ofsnch 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 af.such party. The Sellers commensal obligations, including warranty, shall not be deemed to he reduced, in any wary, because such work is perforated or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is requited to use any design. device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser fmm 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 Porchaser for any cost, expense or damage which it may be obliged to pay by reason ofsnch infringement at any time during the prosecution or afler the completion of the work, In case said equipment. or any pan thendif 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 Seiler shall, at its resat expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnmhaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agrcemcnt and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colnmde. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services of Scllcrs Represcnrative(s). on the premises ofothem. 17. SELLERS RESPONSIBILI9'Y. The Seiler shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. dcstrvction or injury to the work and/err 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 arc fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same to the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers 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 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 public liability insurance with bodily injury nod death limiu of m [cast 5300 n00 for any one person. S500,0am for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to Provide for such eompensmien and insurance. Before any of the Sellers or his contractors employee, shall do any work upon the premise, of others, the Seiler shall furnish the Pumhnser 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 ecoifucatcs shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunwx the entire responsibility and liability for any and all damage. Ines or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase under or in connection herewith. The Seller will indemnify and hold bamdess the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and ill claims losses. damages, charges or expenses. whether direct or indirect. and whether to persons or p yrerty to which the Purchaser 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 contractors offccrs, agent" or employees. In case any suit or other Proceedings shall be brought against the Purchaser. or its offers, 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 contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own espenw, to pay any and all costs, charges, attorneys fees and other expenses, any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such snits 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 err as a result of such suits or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish 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 Safcry, and (Health Act of 1970 and all rule" and regulations issued pursuant thereto. Revised 03/2010