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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9114961 (2)PURCHASE ORDER PO Number Page City OfCollins � 9114961 1 of z `t COI` l I ns This number must appear on all invoices, packing slips and labels. Date: 03/26/2012 Vendor: 473556 Ship To: OPERATIONS SERVICES FINISHING TOUCH CITY OF FORT COLLINS PO BOX 1303 300 Laporte Avenue AULT Colorado 80610 Building B FORT COLLINS Colorado 80521 Delivery Date: 08/26/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Addendum 1 LOT EA 843.00 per CO #1 Total $843.00 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 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 stators, 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 84-0)(10597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED disc to failure to meet specifications, either when shipped or due to defects of damage in transit, nay be returned to you for credit and are not to he replaced except upon receipt of written instnotims from the City of Fort Collins. Inspection. GOODS ate subject to the City of Too Collins inspection on arrival. 11. NONWAIVER. Failure Of the Purclmscr to insist upon strict performance of the terms and conditions hereof. failure or delav to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach. the accep ranee of or payment for goods hereunder or approw:a] of the design. shall net rclense the Seller of ,any of the we m to ics 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 mmcd ics as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral midi It cation or rescission of this Purchasc order by the Purchaser operate as a Driver of any of the terms hereof. Final Acceptance. Rexcipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on 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 antitmst 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 "crating this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.A.. City of Fen Collins, 7M Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitmst 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 purcbascd or acquired by the Purclmscr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be 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 Scllcr thcnafhr indicates its inability or unwillingness to comply, the Purchaser shipments are 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 cosh associated with such work. Pcmits. Seller shall procure at sellers sole cost all necessary permits, eenificatcs and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political subdik isien where the viork is performed, or required he any other duly constituted public authority having jurisdiction over the Work of vendor. Seller further agrees to hold the City of Port Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. 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 tans and conditions stated heroin set forth and any supplementary or additional tcmms and conditions annexed hereto or incorporated herein by reference. Any additional or differ., tams and conditions proposed by seller arc objected man(] hereby rejccnxd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and perfomancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purcheurs including, without limitation, acceptance of partial late dcliverics, shall operate as a waiver ref this prevision. In the went Many delay. the Purchasc, 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 fault ofnegligencc. such acts of GM, act, of civil or military authorities, governmental priorities, fires, strikes. Bond, epidcm ice, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowdMgc 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 of the delay. 3. WARRANTY. The Seller wamnts that all goods, anicics, materials and work covered by this order will confer 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 harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period Of time as maybe prescnbodby law or by the terms of any applicable wamnty provided by the Scllcr aRer the datco f acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a waiver of any claim tinder this wanly. 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 the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaur may make changes to legal terms by w'rinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chances to the terms, other than legal term. including additions to or deletions fmm the coast riIus originally ordcwd in ,he spceifiw,innw or drawings, by verbal n nitre. change onto. If any s rah change affects 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, tcminme this agreement as to any or all portions of the goods then not shipped, subject to any equitable 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 ofthe good., and/or work, for incidental or consequential damages, and that no such is jostmcnt be made in favor of the Seller with respect to any goods which arc the Sellers smndnrd stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligntions 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 ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been pmducc 1. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shift[ execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requited In be 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 Scllcrs failure to comply with such Imv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this nrdcr, many monies due or to became duc hereunder without the prior written consent of the other party. 10, TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaur for all equipment. materials -Ind items furnished in performance of this agreement, free and clear of any and III liens, restrictions reservations, security, interest encumbrances and claims of ethers. The Seller shall release the Purchaser sad its contractors of any her from all liability and claims of any nature msdting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcch and cmployxvs ofsuch party. The Seller's contractual ohligatinnx, including wam, nty, shall not he deemed to be reduced, in any way. because 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 er copyright, the Scllcr shall indemnifv and save harmless the Purchaser from any and all claims for infringement by reason of the use of soh patented design, dw,ice, material or process in connection with the contract, and shall indemnify the Purchaur for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment. or any pan thereof or the intended use, of the gads, is in such suit held to constitute infrinecment and the use of .said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procorc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but neninfringing equipment. on modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs pmpcny or business, this order one forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretalion of -the agreement and the rights ofall parties hereundershall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including thascivices of Scllcrs RepresentativNs), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the more is fully completed and accepted. and shall, in case Of any accident, destruction or injury to the work and/or mmerials before Seller's final completion and ,acceptance complete the Work at Scllcrs own expense and to the satisfaction of the Purchaur. W'hcn materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order, 19. INSURANCE. The Seller shill, at his own expense. provide for the Payment of workers compensation, including occupational disease benefm, to its employees employed on or in connection With the work covered by this purchase order. andlor to their dependents in aceordnncc 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 inhility irtcumnec With bodily injury sad demh limits of tit (cast S300.000 for any one person, 5500.000 for any one accident and pmpcny damage limit per accident of S400,000. The Seller shall likewise require his contractors, iLany, 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 certificate that such compensation and insurance have been provided. Such certificates shall specify the date When such compensation and inwrunce have hcen provided. Such cenifucates shall specify the date 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 Seller hereby assumes the entire responsibility and liability for nny and all damage, loss or injury crafty kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe Work provided for in this purchase nrdcr or in connection herewith. The Seller Will indemnify and hold harmless the Purchaser and any or all of the Purclascrs officers, agents and employces from and against any and all claims, losses, damages, charge: or expenses, whither direct or incisors. and whether 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 part of the Seller, any of his contractors, or tiny M the Sellers or contractors offtacm, agents or employees In case any suit or other pmcccdings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany 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 herchy ngrecs to assume the defense thereof and to defend the snore It In: Scllcrs own expense, 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 oRcers, agents or employees in such soils or other proceedings and in case judgment or other lien be placed upon or obtained ngninsl the pmperty of the Purchaser, or stud parties in or as a result of such suits or other pmcccdings, the Seller Will at once cause the same to he dissolved and dischingod by giving bond or Otherwise, The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for the prevention M necidents, comply With all Imes and regulations With regard to safety including, hot without limitation, the Occupational Snfcty, and Health Act M 1970 and all talcs and regulations issued pursuant Ihcrde. Revised 0312010