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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9122639City of Fort Collins PURCHASE ORDER PO Number Page 9122639 1o12 This number must appear on all invoices, packing slips and labels. Date: 05/0412012 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: 05/04/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Avery House 1 LOT LS 6,000.00 Repair soffits, fascia and crown molding on the exterior. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-0f502. Federal Excise Tax Exemption Certificate of Registry 94-66M587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure Or delay In Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval critic design, shall not rcicase the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the or mnies or obligations of this purchase order and shall not be deemed a waiver crony right of The damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt Of aline, Purchaser to insist upon strict performance Iwreof or any of its rights or ranedies as to any such goods, regmdless Instructions from the City of Fov Collins, of when shipped, received or accepted, as to ony 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 Inspection. GOODS arc subject to the City of Fon Collins inspection on nrrival, hereof. Final Acceptance. Receipt of the merchandise. services or equipment in respor¢e to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hoo'ever, it is to he unders000d that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmni amitrum ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for exec liag his pamhnsc order, the Seller hereby assigns to the Purchaser any and all claims it may nmv hive or hereafter Freight Tema. Shipments must be R0.1L. City of Fort Collins, 7(R) Woad St., Pon Collins. CO R0522, unless acquired under federal or state antitrust Imes for such overcharges relming to the particular goods or services Otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. Shipment Distance "here manufecntcrs have distributing points in various pans of the country. shipment is Tribe Purchaser directs the Seller to correct nonconforming or defective fond by a date to be agreed upon by the expected frown the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness, to crumple, the Purchaser shipments arc made fmm greater distance. may cause the work to he perfumed by the most expeditions means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shill pmeurc at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or rcquircd by say other duly consnluted public authority having jurisdiction over the walk of vendor. Seller further agrees to hold the City of Full Collins harmless from and agaiO,t all liability and loss incurred by them by reason of an as. cued or established violation of any such laws. regulations, Onlinanccs, talcs and requirements. Amhor uOilion. All privies to this contrnd agree that the reprcsenctives are. in fact, hone fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order exprec ly limits acceptance to the tans and conditions .stated herein set fovh and any supplementary or additional terms and conditions anamcd hereon or incorporated heroin by refemnce. Any additional or different toms and conditions pmpoeed by seller no, objnmd to and hereby rcjeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment In arrive on your promised delivery date as anted. Time is of the essence. Delivery and performance must be effected within the tints stated no the purchase order and the documents attached hereto. No sets Of the Pnrchacrs including, without limitation, acceptance ofp irtial late deliveries, shall opemtc as a waiver of this provision, In the event of any dclay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing 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 reasnnabW foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil of military authorities, governmental priorities, rims. strikes, flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Porchascr within Five (5) days of the time when the Seller first received knowledge thereof. In the event orally 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 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 standards for work of a similar anturc. 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 Scllcrs breach of mammy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within uric (1) year or within sums longer period of time as may be prescribed by law Oo by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warmnty. Except as otherwise pmrided in This purchase order. the Sellers liability hereunder shall extend to all damages p resivmtdy caused by the breach of any of the foregoing wam. o ics or guarantees, but such liability shall in no event include lass ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI LLLI. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The franchiser may make any changes to the femw, other than legal terms, including additions to or deletions from the quami le, orisinnlly ordered in the specifications or drawimp, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustmenr shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment banrecn the panics as to any work of materials then in pmgress Provided that the Purchaser shall not be liable for any claims for anticipated prafils on the uncompleted portion of the good and/or work. for incidental or consequential damages, and That no such adjtw tmcrt be made in favor of the Seller With respect a nny goods .which ere the Sellers standard stock. No such terminnlimt shall relieve the PurchaserOr the Seller ofany of thcirobligations as to nny good delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) drys fmm the date the change Or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in sniet compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as nu v be required I. effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pnrehasa hamlcss from all costs and damages .suffered by the Purchaser as a result of the Sellers failure to compIv with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or coney this order, or any monies due or to become due hereunder without the prior 0noun consent of the other piny. 10. TITLE. The Seller wamnls full, clear and unrestricted title to the Purchaser for all agnipment materials. anti items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of the pant released and shall extend to the directars, oRccrs and employees of such party. 'fhu Scllcr'% contractual obligaions, including Warranty, shall not be deemed to be rcdoced. in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser form any and nil claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, anti shall indemnify the Purchnscr for any cost, expense or damage which it may be obliged to pay by reason of such in bingemcnf at any firm during the prosecution or after the completion of the work. In ease said equipment. nr ,any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at it own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or Pans, replace the same with subsiantially equal but noninfringing equipment, or modify if so it becomes anninfnaging. 15. INSOLVENCY. If the Seller shall become ii solvent or hanknipt, make an assignment for the benefit of coulifors, appoint a receiver or Inistec for any of the Sellers property or business. this order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions oftmmu used of the interpretation of the agreement and the rights ofall panics hereunder shall he constmed under and governed by the laws Ofthc State of Colorado. USA. The following Additional Conditions apply only in cases ahem the Seller is to Perform work hoarder. including the services of Seller. Representative(%), on The premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs men risk until the same is fully completed and accepted, and shall. in case of any accident, destruction 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 furnished by others for installation or erection by the Seller, the Seller shall menne, unload. ,more and handle same at the site and become responsible therefor is 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 wmkcm compensation, including occupational disease benefits, to its cntpinyccs employed on or in connection with the work eovenut 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 shill also carry comprehensive general liability including, but not limited to. contractual and atnomobile public liability insurance with hodily inhny and dearth limits of.in least 5300.000 for any one person. S500,Mm for any one accident and propenv damage limit per accident of S400,000. The Seller shall likewise require his contractors, fruity. to provide for such compensation and insurance. BeTre any of the Sellers or his contractors employees shall do any work actin the premises ofothcrs, the Scllcr shall famish the Purchaser With a eevificae that such compensation and insurance have been provided. Such eenificams shall specify the date when such compensation and insurance hire been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees [hit such compensation and insurance shall be maintained until after The entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDE,N'IS AND DAMAGES. 'I lie Seller Troche sesames the entire responsibilityand liability Purity and all damage, Ines or injury orally kind or nature %,but,., c, to persons or proper caused by or resulting from the execution of the 0mk provided for in this purchase order or in connection herew'ifh. T'he Seller mill indemnify and hold harmless thoPurchoser and any or all of the Pnrchnscrs officers, agents and employees fmm and against any and all claims. Insses, damages. charges or expenses, whether direct or indirect, and whether to persons Or property to which the Purchaser may be pie or subject by reason of any act action, neglect, omission or default on the part of the Seller. any Of his a111malme4, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr. or its officers, agents or employees it 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 thcrcnf and in defend the same at the Sellers own expense, In pay any and all costs, charges, atmmcys fees and other expenses, any and all judgments That fifty be incurred by rr obtained against the Purchaser or any of it Or their om¢rs. .agents or employees in such suits or other pmcccdings. and in ease judgment or other lien be placed anon or obtained against the property of the Purchaser, or said parties in or as a Miadt of such suits Or other proceedings. the Scllcr will al once cmnc the sonic to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall like all safety precautions, furnish and install all golds necessary for The prevention of accidents, comply with all laws and regulations with regard to safety including, btu without limitation. The Occupalional Safety a nd I In. Ith Act of 1970 and all macs and regulations issued pursuant therein. Revised 03/2010