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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9136820Fort Collins Date: 01/12/2015 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9136820 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 12/2012013 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price WRAP Enclosure Project 1 LOT LS 5,975.42 2 additional cost 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:purchasing@fogov.com 1 LOT EA f01;1.3 Pay terms net 30 days 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. COMMERCIALDEfA11S. Tax exemptions. By some the Ciry of Fan Collins is exempt from sire and local boa. Our Exemption Number is 11. NONWAIVER. 984H502. Federal Excise Tax Exemption Certificate of Below, 84-60(K]SU is teg both with the Call.,., of Failure of the Purchaser to insist upon strict perform=ce of the terms and conditions hereof, failure or delay to Inwood Become, Deaver, Colored, (Ref, Colorado Revised Smmaa 1923, Chapter 39-26,114 (a). exercise any nghts or remedies provided herein or by law, miltue to promptly notify the Sella in the event of a breach, the acceptance afar payment for goods hercum er or approval ofthe, design, shall rot release the Sella of Goods Rejected. GOODS REJECTED due to failure m meet spcifiestiou, either when shipped or due to dcRets of any of me warranties or obligations of this purchase order and shdl not he deemed a waiver of any right of the damage in transit, may be returned to you far credit and arc not to be replaced except upon receipt of wren purchaser an insist upon strict performance hereofor any of its rights in remedies as to any such goods, regardless instmetione form the City of Fort Collins. of when shipped, received or accepted, or to any prior or subsequent default hereunder, nor shall any purported oil modification or rescission of this pumhasc order by the Purchaser operate in a waiver of any of the toms Inspalion. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Emil Acceptance. Receipt of me merchandise, se r equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understand thatFINAL Seller and the Purchaser recognize that in actual a nis practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchases. Thervarm e,for good cause and as considemoun for executing this purchase order, the Seller hereby ➢aigm to the Purchaser any and all claims it may now have of hereafter Fmigln Terri. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired mode federal or state antitrust laws for such overcharges reaming to the particular goods or services otherwise specified on this order. If pnmission is given to prel freight and charge separately, the original freight purcbattd or acquired by the Purchase pursuant to this purchase order. bill most accompany invoice. Additional carries fen packing will not he sompred. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Democrat. Where manufaanrers have distributing points in venous pans of the nummy. shipment is Hill Purchaser dimcts the Sella to correct noraonforming or defectve 600du by a den, to b, agreed upon by the expected from the contest distribution point or dedication, aM excess freight will be ddmted from Invoice when Purchaserarel the Seller, and the Seller therefor indicates its mortality or unwillingness to comply, the Purcfmaer shipments sec made form grocer distance. may a= the work to he performed by the most expeditious means available to it, and the Sella shall pay all costs aysociatd with such work. Permits. Seller shall proton, at sellers sale cost all neesmry permits, confusion and licenses natured by all applicable laws, mainframe, ordinances and rules ofthe state, municipality, territory err political subdivision where the work is performed, or required by any other duly comminuted public authority havingjunsdictma over the work of vendor. Seller further agrees m hold the City of Pon Collins harmless from and against all liability and loss incioral by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and requirements. Authorization. All ponies to this contract agree that the representatives arc, in fact, bona fide and possess full and mmp]ae mil mnry to bind said parties LIMITATION OF TERMS. This Purchase Order apmssly limits acceptanre to the terms and conditions soled herein set !teed and any supplementary or additional arms and conditions annex d hereto or incorporated herrin by reference. Any additional or different erms rand conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as cored. Time is of the assume. Delivery and performance must be eRnted within the time sated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchase shall have, in addition to other legal and equitable remedies, the option ofplacin, His order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fro damage in a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of nrgligrnce, such act of God, aces ofcivil or military authorities, gintmmental priorities, fires, stokes, flood, epidemics, wan or dots provided that notice of conditions causing such delay is given in the Pmchaser within five (5) days Of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall he extended for the period equal to the time actually last by remen ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, maenau and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for me proposes intended, and perforated with me highest degree of am and rompeence in accordance with accepted standards for work of a similar attire. The Sella agrees or hold the purchaser harmless from any loss, damage in expense which the purchaser may suR or moor ore mcomt of me Sellers brach of warrmry. The Sella shall replace, repair or make good, without cost to the purchase, my defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the terra of any applicable wamenry provided by the Seller after me date of acceptance of the good f nishal hereunder (ucommen not in be mreasonaby delayed), resulting from import t or defective work does, in mmmds fortdshed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under Has waraary. Except as otherwise provided in this purchase order, the Sellers liability hereuMa shall extend to all damages proximately caused by the branch of any of the forgoing w union s or g=mntees, but such liability shall in no event include loss of profits or lass of rise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES R4 COMMERCIAL TERMS. - The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions form the gantifcs argued], ordered in the specifications or drawings, by radial or worn change under. If my such change➢Bets the meant are or the time of perfom=ce hereurnder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at my time by wren change ondtt, tenninam this a,re prond as he my or all porums of the goads then not shipped, subject to any egmobla djmtment Names no pain as to my work or msteriids men in progress provided mat the Pumhmer shall at be liable for my claims for anticipated profits ore me uncompleted portion of the good =Nor work, for incidental or consequential damages, and Hart no such djmtment be made in favor of the Seller with respect to any goods which arc me Sellers standard stock No such termiatim shall relieve me Purchaser or the Sella ofany of their obligations so to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drip from the date the change or temdaaOOn is ordered. 8. COMPLIANCE WITH LAW. The Sell. warrants chat all gaol sold hereunder shall have ban pmdwed, sold, delivered and fumuhd in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may the required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character err herby incopomted herein by this reference. The Sella agrees to indemnify and hold the Purchase hmmless firm all cuts and damages suffered by me Puchaer as a result of the Sellers failure or comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my mania den or o become due berwder without the prior written content ofthe other parry. Ire. TITLE. The Sella wamnts full, clear and committed title to the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of tamers. The Seller shall release the Pard mer and its contractors of any her from all liability and claims of any Oman, resulting form the performance ofscch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offrcas and employees of such party. The Sellers commcwal obligations, including warranty, shall not be 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 labor, patent, trademark or copyright the Seller iball indemnify and save harmless the Peach aver form any and all claims for inGtngemmt by reason of the use of such Parented design, desire, material or process in connection with the comma, and shall interest the Purchase for any cost, expense in damage which it may be obliged in pay by mossnn ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thercof or the intended use of the goods, is in such suit held to mandate infringement and the ase of said equipment in part is enjoined, the Seller shall, or its own expense and at its option, either procure far she Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or buckram. make an a,imir era for the benefit of creditors, appoint a receiver or marine for any of the Senors property or incorrect, this order may forthwith be canceled by the Pu chaserwithrut liability. 16. GOVERNING LAW. The definitions oftenre med or the interyootion ofthe agreement and me fights of all Partin hereunder stall be common under and govemed by the laws of the Soo of Colorado, USA. The following Addidowl Conditions apply only or cases where the Seller is in pert weak herecde, including the services ofS,11. RepresenotiOdO, on the premiss ofolhers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mall the same is fully completed and accepted, and shall, in eau of my sadden, destruction or injury or the work andtm materials before Sellers final completion and acceptance, complete me work in Sellers own expense and an me satisfaction of the Purchaser. When materials and ytrunned are burnished by tamers for installation or erection by Ran Seller, me Seller shall rative, mlood, sire and handle mine at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the wink covered by this purchase order, and/or m chair dgcbdzdN in accordance with me laws of me state in which the work is to be done. The Seller shall also carry comprehensive prenl liability including, but not limited to, contract=] and automobile public liability imuracce wim bodily injury and &orb limits of at lest 5300,000 for my one person, 5500,000 for my me cadent and prupaty damage limit per accident of S4003)00. The Seller shall likewise require his comrmmrs, if any, to provide for such arnpemmion and incentive, Before my of der Sellers or Fix ronmetors employes shall do my work upon fl, premises of others, the Seller shill formula the Purcbuer with a monfinte tear such mm,abood m and issuance have ban provided. Such mountains shall specify fl, date when such rompenatiov and assurance have been provided. Such cenifiara shall specify me dale when such compensation and insurance expires. The Sella agrees cast such compensation and imamne shall be maintained until after the entire work E completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumra the entire responsibility and liability for any and tall damage, loss or injury i ferny kind or nature whatsoever to pesos or property caused by or resulting form the execution of the work provided for in this purchase Omer or in connection herewith. The Seller will indemnify and hold harmless do, Purchaser and my r all of the Purchmcrs officers, agent and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which me Pomona may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, my of his contractors, or any of me Sellers or contractors officers, agents or employees. In care, my suit or other proceedings shall be brought against me Pardons , or its officers, agents or employees in my time on secomt or by reason of my act, realm, neglect, omission in default of me Sella of my of his contractors or my of its or their officers, agents or employees m aforeaid, the Seller hereby agrees ex assume the defense thereof and to defend the same at the Selien own expense, to pay any =d all cuts, charges, taxonomist fees and other expenses, my and all judgments chat may to incurred by or abound against the Porch, or any of its or their oRcers, agents in employees in such suits or other proceedings, and in use judgment or other tin be placed upon or obtained against the pmpmy of the Purchase, in said Imrtia in or as a result of such ships Or other prottedinp, the Seller will at once azi the same to he dissolved and disammd by giving bond in otherwise. The Seller and his contracmrs shall sake all safety pronmmu, fumuh and iudl dl guards ncrssary for the prevention of accidents, comply with all laws and regulations wim regard or safety including, but without limitation, me Occupational Safety and Health Act of 1920 and all rules and regulations issued parrs=m thereto. Revised 07/2014