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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9121005City of art Collins Date: 02/16/2012 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT Colorado 80610 PURCHASE ORDER PO Number Page 9121005 tof2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 02/16/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Operation Services 1 LOT LS 2,450.00 Provide all labor and material for the cabinet work, sink work, etc. for Operation Services kitchen area per Finishing Touch proposal dated 2/6/12. 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from suite and local faxes. Our Exemption Number is 98-1W502. Federal Excise Tax Exemption Certificate of Registry 84.6,0/10587 is registered with the Collector of Informal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39- 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In defects of damage in transit, may he remained to you for credit said arc not to be replaced except upon receipt of 0ri0ca instnmtion, from the City of Tom Collins, Inspection. GOODS arc subject to the City ofFort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchnscr to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies Provided herein or by Ian, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser In insist upnn strict perfomancc hcomfm anv of its rights or remedies as to any such goods, rcganllcss Of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shall any purported nil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tcuu, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcndt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins H wwcver, it is to he understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, m'erchnrge.s resulting fmm antitrust ACCEPTANCE is dependent open completion ofali applicable required inspection pmecdurcs. violations arc in fact home by the Purchnscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it ntav now have or hereafter Freight Terms. Shipments must be F.O.N., City of Fort Collins. 700 Word! St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for .such overcharges relating to the particular goods or services chemise specified on 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 OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaehimm have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nenrc a 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 in comply, the Purchaser shipments am made fmm greater distance. may cause the work to he performed by the most expeditious means available to it. and the Seller shall pav all costs associated with such ,fork. Permits. Seller shall procure at sellers sole cost all necessary permits. ecnifiwtes and licenses requited by all applicable lases, regulations, ordinances and rules of the state, municipality. ter for , or Political subdivision where the work is perfomrM. or required by any other duly constituted public authority having jurisdiction over file work of vendor. Seller further agrees to hold the City of Fort Collins hamlcc fmm and regains, all liability and lox, incurred by them by reason of an arc caned or established violation of any such laws, regulations, ordinances. rules and requirements. Authnrizatien. All parties to this contract agree that the represenmlive, are. in fact. Fran fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by seller ire objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nrrivc on rmu pmmised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time ,rated tin the purchase Order and the document, attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of This prevision. In the event of any delay. the Purchaser shall have, in addition to miter legal and equitable remedies, the option ofpincing this order edscwhem and holding the Seller liable for damages linecvc,. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and withmd its fault of negligence, .such acts ofGod. acts ofcivil or miliu ry mahoritics, govcmmcnml priorities, fires, strikes nood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fro received knowledge thereof. In the cvcm of any such ]clay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller wamnty that all goods, article,, materials and work covered by this Order Dill conform with applicable drawings, specifications. samples and/Or other descriptions given. ,ill be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with acccpfed standards fir ,irk of a Similar nature. The Seller agrees to hold the purchaser hanks., from any Inc, damage m expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty, The Seller shall replace, repair or make good, withmd cost lathe purchase,. any defects or faults arising within me(f) year air within such longer perind of time as may be prescribed by Ianor by the terms Ofnny applicable warmnty provided] by the Scllcr nficr the dole of acceptance of the goods furnished hereunder (acceptance, not lobe unreasonably dclayedl, resulting fmm imperfect or defective work done m materials furnished by the Seller. Aeecpmnec or use of Bonds by the Purchnscr shall not con,titute a waiver ofsnv claim ender this wamnty. Except as Otherwise pmvidcd in this purchase order, the Scllcrs liability hemunder,hi ll extend to all damages Prrximmdy caused by the bmnch of any of the foregoing nnmntics or guarantees, but such liability shill in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, 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 from the quvntities originally ordered in the spceifiealions or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance hunmdcr, an equitable adjustment shall be mndc. fi. TERMINATIONS. The Purchaser may at anv time by written change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment Ni%vccn the panics as to any work or materials then in pmgrec provided that the Purchaser shall aim be liable for any claims for anticipated pm Pos on the uncompleted portion of the goods and/or work, for incidental or consequential damages, ail that tin such nhnament he made in favor of the Seller n'ith respect to any gu dL, obich arc the Scllcrs standard stock. No such termination shall relieve the Purchaser Or the Seller ofnny of their obligations as many goods delivered hereunder. i. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good, sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required In 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 In indemnifv and hold the Purchaser hamlcc from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. hart ter, or convey this order, or any ninnies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. mntcrinls, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, .security interest encumbrances and claims of other,. The Seller shall release the Purchaser and its contracmrs of any tier fmm nil 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 extend to the directors, nRccts and employees c f such party. The Seller's contractual obligations, including wamnty. shall not be defeated to he 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 anv design, device, material or procec cnvcmd by letter, parent, trademark air copyright, the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pat rated design. device. material Or Fatness in connection with the contract. and shall indemnify 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 an thereof air the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment ar pan is enjninxd, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts replace the same with substantially equal but noninfringing equipment. or mollify it so it becomes anninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or hankmpt, make an assignment for the b... fit Of creditors, appoint a receiver or trustee for any of the Sellers propery, or business. this order rev fnnhwith he canceled by the purchaser without liability. 16. GOVERNING LAW. The definifions of femurs used or the interpretation ofncc agreement and the rights ofall parries hereunder shall be con,stmed under and governed by the Ian's of the State of Colorado. USA. The following Adi ilinnal Conditions apply only in cases where the Seller is to perform walk hereunder. including the sen ices ofSellers Represcnm6ve(s), on the premises ofmhers_ 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller', o,a risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or interims before Scllcr'.s final completion and acceptance, complete the work ail Seller', own expense and to the satisfaction of the Pn¢haser. When mntcrinls and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive unload. store and handle same at the site and become responsible therefor as though such materials anti/or equipment were being furnished by the Seller tinder the order. 19. INSURANCE. The Seller shall, at his men expense, provide for the payment rf worker, compcosation, including occupational disease benefits. 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 of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contrachml and automobile public liability insurance with bodily injury and death limits of at (cast S300,000 for any one person. S500.I100 for any nee accident and property damngc limit per accident of S400,000. The Seller shall likewise require his contractor,.if aim, to provide for such compensation and insurance. Before any of the Sellers or his mntmdors employee, shall din any work upon the premises of others, the Seller shall furnish the Purchaser with a cenificatc that such compensation and insurance have been provided, Stich certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when 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 Seller hereby ass arcs the entire responsibility and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons or property caused by Or resulting from the execution fthe work pmvidcd for in this purchase order or in connection items, ith. The Seller will indenmify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct Or indirect, and whether to persons air property to which the Purchaser may be put or Subject by reason of any act, action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit Or Other pmeccdings shall be brcmght against the Purchaser, or its officers, agents or employees at any time no account Or by reason of anv 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 afmc,aid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, in pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in Or as a result of such suits or other prmccdings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors ,hall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and HcaOh Act of 1970 and all mles and regulations issued pursuant thcmm. Revised 03/2010