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HomeMy WebLinkAbout500571 TECHNICAL FOAM CORPORATION - PURCHASE ORDER - 9122281City of �,.F.�o_rt Collins Date: 04/20/2012 PURCHASE ORDER Vendor: 500571 TECHNICAL FOAM CORPORATION .12741 WOODLAND DR LONGMONT Colorado 80504 PO Number Page 9122281 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: 04/20/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Northside Aztlan Community Cnt Install spray foam around perimeter of the building to create an air barrier where cold air is infiltratine. 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 Total Invoice Address: 17,460.00 17 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Hy statue the City of Fort Collins m exempt from hone and local nixes. Our Exenopoion Nutnher is 98-0-1502. Federal Excise Tax Exemption Ccnificatc of RcEi,ny S4-6000597 is rcgi,tcr d with the CNlcctnr of Intemol Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spccificnLions, either when shipped or due to defects of damage in transit may be resumed to you for credit and am not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on amix:a 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomanec of the tans and conditions hereof, failure or delav to exercise any rights or remcdics provided herein or by law, failure to pmnrptly notify the Seller in the event of a breach, the acceptance ofor payment for grads hereunder or approval ofthe design. shall not release the Seller of ..v nfthc o raOne, or Obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser in insist upon strict performance herenfor any of its rights or remedies as to anv such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral nmtiificntion or rescission of dais purchase order by the Purchaser operate as a waiver of any of the terms hemnf. Final Acceptance. Receipt of the merchandise, services or equipment in Osponse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hoxxrvc,, it is m he understood that FINAL Seller and the Pumhoser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dt endcnt upon completion ofall applicable required inspection procedures. vinlaion, arc in fact borne by the Puehucr. Theretofore, for good cause and as consideration for executing this purchase Oiler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.H., City of Fan Collins. 700 Wood St.. Too Collins CO R0522, unless acquired under federal or suite antitnin 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 Purchnscr pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nmrest distribution point to destination, and excess freight will be deducted from Invoice xvhen shipments are made boom greater distance. Permits. Seller shall pmcure at sellers sole cost all necessary Permits, ecoilurams and licenses requimd by all applicable laws, regulations, nrdin ince, and Oles of the state, municipality, territory or political subdivision where the work is perfomed, or required by anv other duly constituted public authority hoeing jurisdiction over the work of vender. Seller bather agrees to hold the City of Fen Collins hamles, fmm ond against all liability and Ins, incurred by them by reason of an aswmd or established violation of am, such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panic,. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed heeto or incorporated hcrcin h_v reference. Any additional or different teats and conditions pmpo,ed by sellerare objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to naive on your promised delivery date as 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 partial late deliveries, shall operate as a waiver of this prevision. In the event ofany dclav, the Purchaser shall have, in addition to other legal and equieblc remcdics, the option of placing this onlrr elsewhere and holding the Seller liable for damage,. Hoxvever, the Seller shall not be liable for domages as a result of delays due to causes not reasonably foreseeable which are beyand its reasonable control and without its fault oforgligence. such act of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Oond, epidemics, wars or riots provided that notice of the conditions canine such delay is given to the Purchaser within five (5) days of the time when the Seller first received knnwdcdgc thereof. In the event ofany 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 wumnts that all goods. articles. material, and weak covered by this note, will confirm 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 standards for work of a ,imilar nature. The Seller agrees to hold the purchaser hamless from any Ions, damage or cxpcnc 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 he prescribed by law or by the toms ofany applicable warranry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulti erg from imperfect or defective work done Or materials famished by the Seller. Acceptance or use of goods by the Purchaser shn 11 not constitute a wnixrr of any claim tinder this wmmrity. Except as otherwise provided in this purchase order. the Sellers liabi lily hcmu der shall extend to all damages proximately caused by the beach of any of the foregoing warranties or guarantees, but such fiabilam shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. A. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teats by written change nnler. 5. CHANCES IN COMMERCIAL TERMS. The Punhascr may make any changes to the terms, other than legal ems, including additions to or deletions fmm the quantities originally ordered in the specifications or dmxwings, by verbal or written change never. If any such chance affect, the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be 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 cquitnblc adjustment between the panic, as to any work or matcuals Ihcn in progress pmvidcd that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted ponion 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 loony goods which are the Sellers standard .stock. No such tmination shall rclicac the Purchaser ar the Seller ofany of their obligations as to any funds delivered hcrcurtda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asveacd within thirty (30) drys (ram the date the change Or termination is mdced. S. COMPLIANCE WITH LAW. The Seller xwamnt that all coots 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 Seller 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 hamdcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such his. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or omy monies due or to become due hereunder without the PH., written consent of the other party. 10. TITLE. The Scller wamtn, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fomishcd in perfomanec of this agreement free and clear of any and all liens, restrictions, mscnations, security interest encumbranms and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchnscr and the Scllcr, and the Seller lhcm.ftcr indicates its inability or unwillingness to comply. the Purchnscr 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. Tlic Seller shall release the Purchaser and its eanuoams of any net from NI liability and claims of any nature resulting front the performance nfsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officer, and employees of such party. The Seller's contractual obligations, including warn my. shall not be deemed to be reducal, in any way, because such work is perfomed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcyuircd to use any design, device, material or process covered by Icier, patent, trademark or copyright, the Seller shall indemnifv and save harmless the Purchaser fmm anv and all claims for infringement by reason of the use of such patented design, device, material or proeca in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aficr 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, of its own expense and at its option, calmr procure for the Porchaser the right to continue using said equipment or parts, replace the come with substantially equal but unninfrioging equipment, or modify it se it becomes noninfringing. 15. INSOLVENCY. If the Seller shall been mc insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mstcc for any of the Sellers pmpeny or business. this order may forthwith be canceled by the Purchnscr without Iiabilim 16. GOVERNING LAW. The definitions of terms used or the Ow,ucmtion of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perfom work hereunder. including the services Of Scllcrs Represenmtivc(O. on the pmmises ofushers. 17. SELLERS RESPONSIBILITY. The Scllcr shall catty On said work at Seller's men risk until the same is filly completed and accepted, and shall. in case oftow accident. destruction or injury to the work and/or materials before Sclices Final completion and .acceptance, complete the work at Seller, men cxpcnsc and to the sati,faclion of the Purchaser. When materials and equipment are fimished by others for installntion 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. IS. INSURANCE. I he Seller .,hall, at his own cxpcnsc, provide for the payment of worker compensation. including occupational disease hencf is. to its employees cm played on or in connection with the work covered by this purchase order. and/or te their dependent, in accordance with the Inns of the state in which the work is to be 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. S500.000 for any one accident and pmpcny 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 his contractors employees shall do any work upna floc premises ofmhcrs, the Seller shall Furnish the Purchaser with it ccnifiesue that such compensation and inurnnee have been provided. Stich cenificates shall specify the date when such counwo,ation and insurance have been provided. Such cenificatex shall specify the date when such compensation and insurance expires. The Seller agrees that such conopcusation and insurance shall be maintained until aRcr the emit, week is completed and accepted. 1 % PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any anti all damage, loss or injury afnny kind ar nature whatsoever to person, Or property sawed by or ¢soloing fmm the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and held harmless the Purchawr and any r all (it the Purchasers officer,. agents and employees from and against any and all claims, losses, damages, charges or espenes, whether direct or indirect, and whether to persons at 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmecalings shall be brought against the Pumha es. or its of icem. agent, or employees at any time on account or by Mc iwn 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 as. ume the defense thereof and to defend the same at the Sellers own cxpcnsc, in pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that cony be incurred by or obtained against the Hirchaser or any of its or their officers. ,agent, Or employees in ,such soils or other proceedings, and in ease judgment or other lien be placed upon or obtained against the pmpm y of the Purchaser, or said panics in or as a result of such suits or other pmccedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comfoctars shall take all safety precautions. furnish and install all gu.ards necessary for the prevention of accidents, comply with all Imes and regulations with regard In safety including, but without Initiation. the Occapational Safe. and Health Act of 1970 and all Ones and regulations issued pursuant thereto. Revised 03I2010