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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 3215289Fort Collins Date: 01/13/2015 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 3215289 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order 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@fcgov.com PT11rr r6 GP] 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. COMMERC1ALDEfAILS Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is I I. NONWAIVER- 98-10a502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon snip performance of the he. and combine, hereof, failure w dday to Internal Revenue. Denew. Colombo (Ref Colorado Revised Statues 1973. Chapter 39-26. Ili (a). merdse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, be acceptance of or payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure in men specifications, either whim shipped or due in defects of any of the wenanties or obligations of this purchase order ad shall not be deemed a waiver of any night of the damage in transit, may be returned in you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hatmfor any of ies nights or remedies as many such goods, regardless instructions from the City ofFort Collins. of when shipped, receisM or accepted. as many prior or subsequent default hereunder, nor shall any purpond oral modification or rescission of this franchise order by the Purchsser operate as a waives of any of the macs Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. harm( Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to her understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fan beme by the Purchaser. Theretofore for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be ED.B., City of Fan Collins, )Oo Wood St. Fort Collins, CO 90522. unless acquired under federal or stare antitrust laws for such overcharges relating to the particular goods or services othewise speified on this order.Ifpanmiscon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumt in this purchase order. bill most accompany invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufacturers have disenbuting points in ntry, various pans of the coushipment is If the Purchaser directs the Seller to correct nomminfmming 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 are mde from grmc, distance, 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 Permits. Seller shall procure at sellers sole cost all necessary pennies, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the stare, mmicipaliry, territory or political subdivision where the work is performd, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against ell liability and loss atined by them by reason of an asserted or established violation of my such laws, mammon,ordinances, roles nd mile remeaes. Authorivtion. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expcessly limits acreptance to the terms and conditions stated herein set Earth and my supplementary or additional arms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and mnditime proposd by seller are objard he and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imme,lo ely if you cannot make wmplate shipment to arrive m your pmmisd delivery date as noted. Time is of the essence. Delivery and pertomuace muse he effected within the time stated an the purchase order and the documents avached hereto. No acts of the Purchasers inclWin& without limitation,acceptmce of pmial rue delivdm, shill operate as a waver of this provision. In the event of my delay, the Purchaser shall have, in asiblion to other legal and equitable remedies, the option ofplacing this order elsewhere and holding me 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 are beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authm e , govemmenW pnmities, fires, strikes, flood, epidemics, wars or noe provided that notice of the conditions causing such delay is given in the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extendd for the period equal in the time actually loss by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, aicles, materials and work covered by this order JI conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pumrwe intended, and performed with the highest degree of care and competence in accordance with accepted stmdards for work of a similar nature. The Seller agrees to hold the purchaser harmers from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmly The Seller shall replace, repair or make good, without cost to the purchatea my defects or faults arising within one (1) year or within such longer period of time m may be presebbed by law or by the terms of any applicable warrmry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepare or use of goods by the Purchaser shall not constitute a waiver of my claim under this wermnry. Except as otherwise provded in this purchase order, the Sellers liability hereunder shall extend he all damages proximately cromd by the breach of my of the foregoing wamdss or guarantees, but such liability shall in no event include loss ofpmfie or lass of use. NO IMPLIED WARRANTY OR SIERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wimen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my charges to be mars, other than legal terms, including additions on or deletions from the quantities unkindly ordered in the specifications or drawings, by verbal or wntem mange order. If my such change affects the amount due or the time of pemfonnance hereunder, as equitable adjasxmmt shall be made. 6 TERMINATIONS. The Purchaser may at any time by winen change ordeq terminate thus agreement as to any or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as m my work or materials then in progress provided but the Purchaser shall not be liable for my claims for anticipated prefix on the unwmpletd potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wareanu bar all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulvions to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence complimee. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this refermce. The Seller agrees m indemnify and beld she Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convry this order, or any mearrim due orb become due hereunder without the prior written consent of the other parry. 10. TITLE, The Seller warrmu full, clear and unressneted title in the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of my and if liens, restrictions, maereamons, security macress encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature moulting from the performmce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the diretubrs, offices and employees ofruch parry. The Sellers contractual obligations, including wananry, shall not be deemed to be reduced in my way, because such work is per(ormd or caused to be cerfomrd by the Purchaser. In,. PATENTS. W'himewxr be Seller is required to use my design device, attracted aracied or process covered by letter, pattrademark r m,.,h,, the Seller shall indemnify and save harmless the Purchsser from my and all claims for infringement by reason of the use of such patmtd design, device, matenal or process in mmxtion with the contract, and shall indemnify the Purchaser for my toss, expense or damage which it may be ol,hgd to pay by reason of such infrngement at my time during the permeation or after the completion of the work. In care said equipment or my pan thereof or the intended use of the goods, is in such suit held to mnstimte infringement and me use of said equipment or pan is enjoined, the Seller shall, m its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment or modify it so it becomes rmninfnaging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for my of the Sellers property or business, this order may foMwim he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be comnued trader and govemed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representativefs), on the premises of others. 17 SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, dmmction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When precious and equipment are fumishd by others for inseallatibn or ¢action by the Seller, the Seller shall recelva, u bout. sear¢ and handle come at the site and become responsible therefor as though such materials and/or equipment were being f m,,hd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compertermon, including mew,pare red disease benefits, ev its employees employed on or in connection with the work covered by this purchase order, and/or in their dependent, in accordance with the laws of the state in which the work is to be done. The Seller dull also carry comprehensive general liability including, but not limited I. commercial and aummoblle public liability insurance with hourly injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his mntracmrs, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate then such compensation and iresumnre have bete provided. Such cenifraim shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees thin such compemation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entire respansibillry and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purmewr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expen es, whether direct or indirect, and whether to person or property m whim the Purchaser may be put or subjectbyreason of my tut, action, neglect omission or default on the pan of the Seller, my of his contrmmrs, or my of the Sellers or contractors officers, agents or employees. In now my suit or other proceedings shall be brought banner the Purchaser, or its officers, agents or employees v any time an account or by reason of my act action, neglect, omission or default of the Seller of my of his contract or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees co assume the defense thereof and as defend the same at the Sellers own expense, as pay my and all case, charges, attomrys fees and other axcenms, my and all judgments this may be incurred by or obtained Memo the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in use judgment or other rim be placed open or obtained against the property of the Purchaser, or said parties in or as a rssule of such s . mother proceedings, the Seller will at once cause the same in he disabled and discharged by giving bend or otherwise. The Seller and his contractors shall take all safety precautions, furnish and instill all guards necessary for the prevention of mcideme, comply with all laws and regulations with regard to safety includin& but without limitation, the Occupational Safety and Health An of 1970 and all rules and regulations issued pursuant therno. Revised 07/2014