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HomeMy WebLinkAbout473556 - PURCHASE ORDER - 9142494City of �.F6rt Collins Date: 05/05/2014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9142494 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 05/02/2014 Buyer: DOUG CLAPP Note: reference annual contract # 7107 Line Description Quantity UOM Unit Price Extended Ordered Price MAX BRT 1 LOT LS 5,725.00 Provide labor and material to enclose (18) ticket vending machines with 24 gauge Kynar Metal Old Zinc Grey (W29). City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasingQfcgov.com Total Invoice Address WIM81r1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER, 98-W502. Federal Excise Tax Exemption Cmificate of Registry 84-6000559 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failaw or delay to Internal Revenue, Denver, Colorado per. Colorado Revised So mtes 1973, Chapter 39-26, 114 Ed exercise any rights or remedies provided herein or by law, failure coo promptly notify the Sella in the event of a breach, me acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of Goads Rejected. GOODS REJECTED due to failure to meet specifications, color when shipped or due to defects of any of the warranties or obligations of mix purchase order and shall not be deemed a waiver of any right of for damage in transit, may be reumcl a you for credit and are not to be replaced except upon meats of written posolever to insist upon stria performance hereofor any of its rights or remedies as many such goods, agardless hnstrucloce, from fee City of Fan Col.. of when shipped, received or accepted, as to any prior or wbuquent default hereunder, nor shall any puryorsed oral modif mien or suit ion of feis purchase ardor by the Purchaser operate as a waives of any of the terms Impeelmer GOODSaresubject to me City of Fon Collins inspection on artivul. hereof. Final Acceptance. Receipt of the merchandise, wavista or equipment in respome to this order am result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fan Collins. However, a is to be undarnood that FINAL Sella and she Purchaser recognize mat in actual o is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection prooedwe. violations are in fact home by the Purchaser. Thererofare, forgoldcause and as cousidemtion for exmting this purchase order, are Sella hereby magmas In the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments most be F.O.B., City of Fan Collins, IN Wood Sr, Fan Collins, CO 80522, unless otherwise specified on this order. If permission u given to prepay freight and charge uparafly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufxctwas have distributing Points in catious pans of me country, shipment is expected from me nearer distribution point to destination, and excess freight will be deducted from Invoice when shipments are made film greater distance. Permits. Seller shall procure at sellm sole cost all necessary remain. cenifintes and licenses required by all applicable laws, regulations, ordimncn and ales of me state, municipality, motion, or poli&al subdivision where the work is performed, or required by any Omer duly constituted public amhodty having Prosthetic. over the work of vendor. Sella lumber agrees to hold are City of Fan Collins harmless from and against all liability and loss incurred by than by crown of an assured or established violation of any such laws. negotiators, ordinances, roles arts requirement. Authorvzsion. All parties to this controls agree that the representatives are, in (ul, bow fide and pmuss full and complete authority no bind said panics. LIMITATION OF TERMS. This Purchase Order rx,mad, limits awepunce to the .. and mndilions stated herein set fats and any supplementary or additional umss and conditions worried hereto or incorporated Farm by reference. Any additiowl or different tcrrm and conditions proposed by seller am objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery daze as Owed. Time is of the essence. Delivery and performance most be elfeaed within the time starts on the purchase order and the documents maehe i hereon. No acts of the Purchasers including, without herawan, acceptance of partial late deliveries, shall .pate as a waiva of mis provision.1. for even army delay, the Porchsser shall have, in addition m Omer legal aM equitable remedies, the Option .(placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages ax a result of delays due to causes not reasonably foreseeable which we beyond its easowble control and withofr its fault of ncgligww, such acts of Gad, acts of civil of m ,m, autherinies, government prionties, fires, strikes, flood, epidemic, wars a, news provided than notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the rime when the Sella fine earned knowledge thermf. In flue event of any such delay, she dam of delivery will he extended for she period equal in she time wlually lost by reason of the delay. 3. WARRANTY. The Seller warants that all goods, articlq materials and work covered by mis Omer will conform with applicable drawings, specifications, sample author offer descriptions given, will he fit for the purposes intended, and performed with she highest degree of care and competence in =cmdance with accepted mustards for work of a similar name, The Seller agrees to hold the purchaser hannlecs from any loss, damage or expense which the Purchaser may suffer or incur an =count ofine Sellers breach of warranty. The Sella 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 wombed by law or by the terms army applicable warranty provided by she Seller alter the date of =ceptan¢ ofine goods famished hereunder (acceptance not a be unreasonably delayed), resulting from imperfect or defective work done or materials famished by fee Seller. Acceptance or use of goods by the Purchea shall not constitute a waiver of any claim under this warranty. 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 lass of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by carmen 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 from me quantities originally ordered in the spocifications or drawings, by verbal or written change order If any such change aRects the amount due or the time of performance hereunder, an equitable adjustment that he made. 6. TERMINATIONS. The Purchaser may at any time by written change aide,, terminate 'his agreement m to any o, all Iwnime, of the goods that not shipped, subject to any equitable adjustment between he parties as to any work w materials men in progress provided that the Purehow, shall not be liable for any claims for anticipated profits on the uncompleted portion of fee goods andtor work, for incidental or consequential damages, and that no such adjustment be made in favor of me Seller with respect to any goods which art the Sellers standard stack. No such nomination shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the doe the change or nomination is ordered S. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been produced, wild, delivered and famished in wrier compliance with all applicable laws and regulations to which the goods are subject. The Sella shall coccue and deliver such documents as may be "hied to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Sella agrees to indemnify and hold Are Pwchasc harmless from all costs and damages sulracal by me Purchaser as a ormh of the Sellers failure W comply with such law. , 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any movie due or to become due hereunder without the prior wrinen coment of she offer party. 10, TITLE. The Sella warams full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished n perfOMmCC of mhs agreement fewand clear of any aM all laws, restrictions, reservations, security interest encumbrancer and claims ofofeers. acquired under federal or state antitrust laws for such exacharli refusing to fee particular goods or services purchased or acquired by the Pmchmer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corer nonconforming or defective goods by a date in be agreed upon by she Purchase, and the Sella, add the Seller theasfer indicates its ivabit,, or unwillingness an comply, the Purbaer may cause she work In be performed by she mast expeditious means available on it, anti are Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its ...,a. of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of One party released and shall extend to me direcnrs, officers wtd employees afsuch party. The Sellers commctual obligations, including warranty, shall not be clamed to he reduced, in any way, because such work is performed or camsM to he performed by the Puchmm 14. PATENTS. Whenever she Sella is required to use any design. device, maenad or process covert by led,,, paren4 tradermak or copyright, she Sella shall iMemnify and save harmless the Purchaser ,men any and all claims for infringement by season of she use of such patented design, device, maternal or process in connection with the wavier, and shall iMemnify the Forebear for any cost, expense or damage which it may ber obliged on pay by reason ofsuch inGtngamew in any time during she prosecution or after she completion of she work. In eau said equipment, or any pan thereof or the intended use of the goods, is th such suit held as common, infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser she right to continuer using said equipment or parts, replace the same with substantially dual but noninfringing equipment, or madhly it m it becomes nordnfdnging. 15. INSOLVENCY. If the Sella shall become insolvent or SaNwpt, make an assignment for she benefit of creditors, appoint a receiver or fuan see for y of the Sellers property or business, this order may forthwith be canceled by me Pu china without liability. 16. GOVERNING LAW. The definitions of.— used or the interpretation of the agreement and the lights of all parties heewder shall he constrved under and govcmed by me laws offer State of Colorado, USA. The following Additional Conditions apply only m cases where she Sella is n Perform work hereunder, colluding for service of Sellers Rgresemanowe(s), an the p..cs ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall can, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, eaWction or injury to the work and/or materials before Sellers final completion and ecemance, templet, she work at Sellers own expmu and to fee satisfaction of the Purchase. When materials and equipment are famished by others far installation or erection by me Sella, the Sella shall receive, =load, store and handle same at the site and become responsible therefor as though such maenads author equipment were being famished by the Seller under the order. Ig. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bencrits, to its employees employed on or in connection with the work covered by this purchase order, and/or to meter dependents in accordance with the laws of the sate 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 and death limits of at least S31111111111 for my one person, S51111000 for any one accident and protons damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, to provide for such eompersathon and insurance. Before any of the Sellers a, his ..factors employees shall do any work upon the premjses ofomas, me Seller shall fish the Purchases with a cmifiew, that such compensation and insurance have them provided Such cadfiwes shall specify me data when such compensation and insurance have been provided. Such certificates sbull specify me dale when such compensation and insurance expires The Sel let agrees that such compensation and insurance shall be mainained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or ware whatsoever to persons or property caused by or resulting from the execution ofine work provided for in this purchase order or in connection herewith. The Sella will mdemnih and hold harmless the Purchaser and any r all of me Purchasers o1B¢rs, agmots and employees from and against any and all claims, losses, damages, charges or ex,coves. whether than or indirect, and whether to persom or property to which the Purchaser may be put or subject by season of any act action, neglect omission or default on me pan of the Seller, any of his examaters, w any of the Sellers me contractors officers, agm. or employees. In eau any wit or other Proceedings shall be brought against the Pwchma, o, its areas, agents or employees at any time on account or by reason army act, action, neglect, oml4hm or default of the Sella army of his containers or any crux or their officers, agents or employees as aforesaid, are Sella hereby agars to assume the defense therrof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and offer exposures, any and all judgments feat may be incurred by w obtained against the Purchase or any of its or thew officers, agents or employees in such suits or other poseedhngs, and an case judgment or other Lou be placed upon or Obtained against fee property ofine Purchase,, or said Isanies in or m a result of such suits or other proceedings, the Sella will at once cause the same on be dissolved and diuharged by giving bond or otherwise. The Sella and his contractors shall take all safety precommucc, f ish and acall all guards necessary for the prevention of accidents, comply with all laws and regulations wins regard on safety including, but whthom lbram n, the Occupwional Safety and Health Act of 1970 and all ale and regulathans issued pursuant thereto. Revised 03/2010