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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9121667 (2)Fort Collins Date: 06/07/2012 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 Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addl anchor building/pour concrete slab(Addendum) C3. Oi1�:92� 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 Total Invoice Address: 1,500.00 $1,500.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt fell ,tote and local taxes. Our Exemption Numis r is 98-/1,4502. Federal Excise Tax Exemption Certificate of Registry 84-60100587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sconces 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure In meet specifications, either when shipped or due to defects of damage in transit, may be remmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City ofFor: Collins. Inspection. GOODS are subject to the Citsof Fort Collins inspection on arrive 11. NONWAIVER. Failure ofthe Purchaser In insist upon ,met performance of the teams 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 acceptance of ear payment for good hereunder or approval ofthe design, shall not release the Seller of tiny of the once mien or obligations of this purchase order and shall not be deemed a octiver ofany right of the purchaser to insist upon strict performance hereofer any of its rights ear rcmcdics as to any such goods. regardless of when shipped, rcaived or accepted, as to any prior or .subsequent default hereunder, nor shall am' purpnncd oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms hemef. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of End Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vinlatic , arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it nny now have or hereafter Freight Tcmw. Shipments must be F.O.B., Citv of Eon Collins, 700 Wood St., Fort Collins CO 80522. unless acquired under federal ear state antitrust Imes for such overcharges relating to the particular good, or scrviccx otherwise specified on this order. If pemcission is given to prepay freight and charge separately, the original freight purchased or required 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 manufacturers have distributing points in various pans of the erenrry, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or detective 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 Seller thereafter 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 cssurimcd with such o'ork. Permits. Seller shall procure at sellers sole cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and ones of the state, municipality, territory or political subdivision where the wink is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seiler further agrees to hold the City of Eon Collins harrnlces from and against all liability and loss incurred by them by reason of an assured or cutibl ishcd vinlation of any such laws, reg nations, ordinance,, mles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority in bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the tears and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hcrcto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller nre Objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most 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 dclny, the Purchaser shall have, in addition to other legal and equitable remedies, the option Mplacing 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 of negligence. such acts Of God, acts ofeivil or military authorities, govemmcnta) prierides, fires, strikes Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller first received kmpwlcdge thereof. In the event ofany such delay. the date of delivery shall be extended for the period equal to the time actually lost by rcasnn ofthe 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 he fit for the purposes intended, and Performed with the highest degree of care and competence in acconlancc with accepted standards for work Of a similar nature. The Scllcr agrees to hold the purchaser harmless form any loss, damage or expense which the Purchascr may suffer or incur on account of the Sellers breach of wacenty. 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 be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim ender this warranty. Except as otherwisc provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warmntics ear guarantees, but ,inch liability shall in no event include loss ofpmlits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions four, the quantities originally amb,md in the specifications or drawings, by verbal or written change order. If any such change affats the amnunl due or the time ofperfcar ance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as funny work or materials then in put., Provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, fur incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect many goods which arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seiler ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from 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 famished in strict compliance with all applicable laws and regulations to which the grads are 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 held the Purchaser hamilcs< from all costs and damages suffaad by the Purchaser as a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sellerwamnts full, clear and unrestricted title to the purchaser for all equipment materials, and items furnished in performance of this agreement free and clear of any and all liens. restrictions reservations, security interest encumbrances and claims ofuthers. The Seller shall release the Purchaser and its contractors of tiny tier ftnm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall estcad to the directors, officers and cmpinyces Ofsuch patty. The Seller's eontmcmd Obligations, including warranty, shall nor be denied to be reduced, in any may, because such work is performed Or caused to be performed by the Purchaser. 14. PA TENTS. Whenever the Seller is required to use any design, device. material or porecis covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any Ord all claims for infringement by reason of the use Of such patented design, device, material or process in connection with the contract and shall indennifv 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 after 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 mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchascr 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 hccomc insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a rump er or toome for any of the Sellers property or business, this Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terrors used or the interpretation ofthc agreement and the rights ofall panics hermmdcr shall be convinced under and 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 service, Of Seller, Reprcsentanve(s), on the premises nfahers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry On said work at Seller's own risk until the same is fully completed and accepted, and vhall, in case ofany accident destruction or injury to the work and/or 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 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 thcrcfor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers computation. including Occupational disease benefit,. 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 ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited In, contraetunl and automobile public liability insurance with Mdily injury and death limits of at least S3I0.00a1 for tiny one person. S500.0oo for any One accident and prepcnv damage limit per accident of S400.000. The Seller shall likewise require his contra enurs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises ofothers. the Seller shall famish the Pumhaver with a certificate that such compensminn and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall speci fy the datewhen such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrchy ass hies the entire responsibility and liability for any and all damage, loss m injury ofany kind or nature whntxocvcr to persons ear property caused by or reselling from the execution ofthe work provided for in this purchase Onlcr or in connection herewith. The Seller will indemnify and hold hnrinless the Purchaser and any r all of the Purchasers oReem, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or properry to which the Purchaser may be put or subject by reason ofany act, action. neglect omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or commences officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchaser. Or its ofBccrs, 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 con", ctnrs or tiny of its or their Officers, agents Or employees as afomm id, the Seller hereby agrees to assume the defense thereof and to defend the scam at the Sellers earn expense, to pay any and all costs, charges, anomcy, fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or cmpinyces in such suits or other pruccedings, and in case judgment or other lien be placed upon or obtained against the pmpury ofthe Purchascr, or said panics in or as a result of such suits or other preceedings. the Seller will at once cave the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all mfcry precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to v fcty including but without limitation, the Occupational Snfcty and Iicalth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010