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HomeMy WebLinkAbout535768 WOODPRIDE FLOORING - PURCHASE ORDER - 9141883PO PURCHASE ORDER 914188er Page City of PURCHASE 9141883 1 of z ' `t Collins This number must packing on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 535768 Ship To: OPERATIONS SERVICES WOODPRIDE FLOORING CITY OF FORT COLLINS 11856 W BELLEVIEW DR 300 Laporte Avenue LITTLETON CO 80127 Building B FORT COLLINS CO 80521 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Senior Center 1 LOT LS 5,718.65 Screen and recoat wood floors in the gym, multipurpose rooms, and stage per quote dated 2/13/14. 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 Total $5,718.65 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVF.R. 98-04503. Formal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or ddoy in Internal Revenue, Denver, Colorado (Ref. Colorado Revised Swum 1993, Chapter 39-26, 114 (a). 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 or payment for goods hereunder or approval ofdro design, shall not elorce the Seller of Goods Rejected. GOODS PREDICTED due to failure he meet specifications, either when shipped or due In dl ecls of any of the warranties or obligations of this purchase order cad shall at be deemed a waiver of any right of the damage re Vaevil, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon saner performance hmeofor any of its rights or remedies as to any such goods, regardless restrictions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puTamed real modification or reservation of this purchase order by the Purchaser operate as a waiver of any of the terms Imyeaion. GOODS are subject as the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authoneed payment on the pan of the City of Fort 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 completionofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fogood cause and as 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 mast be F.O.B., Ciry of Foe Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antilmst laws for such overcharges totaling to the particular grrds or services otherwise 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 Nis purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance.thee.Wheremnnufionpoi have disttibmingpoints , aspans nl is defectiveto be agreed edthenoconecrnfter ethedfromIvoice expected from the nearest distribution prim m destination, and czars freight will be dduaeJ from Invoice when orunwbyadass comply,teWnbythe Purchasehe r and the afe,els indicates its inability or unwillingness comply, the Purchaser indicates its Purchaser end the Safe, and the Sellerby shipments are made from greater distance. d may canoe the work m be performed by the nmst expeditious means available to n, and he Seller shall pay all the most costs associated with such work. Permits. Shcu shall procure salters sole oast all necessary eenifivare and liunse all state, municipality, territory or political weird w red ..ri'a, applicable laws, regulations, ordinances and roles over th where The Seller shall release the Purchase( and its contractors of any tier from all liability and claims of any nature duly ion over the work the ork perfumed, required byanyothttduly havingnaint resoling home the performance of such work. FewColed here icsfince from and against all liability and loss r Collins heretics all of vendor. Seller further ogees m hold the City of endo. any s tined by them by reason of an asserted or established violation of any such laws, regulations, ordinance, riles heel This release shall apply elm in the event of fault of negligence of the pony released and shall extend to the and rquiremedirectors..directors. officers and employees ufsuch pony. Authomstion. All parties to this contract agree that the representatives are, is fact. bona fide and possess full and The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority on bind said parties. such work is Performed or caused to be performed by the Purchaser. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional lama, and conditions annexed hereto or incorporated herein by reference. Any additional or different team and conditions proposed by seller am objected m aad hereby rejca d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immde,ly ifyou camod make compine shipment to arrive m your promised delivery Jae as noted. Time is of the essenm. Delivery and performance must be eBecmd within the time stated oa the purchase order and the meanness moulad hereto. No acts of Ore Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of eery delay, ae Purchaser shall have, in addition m other legal end equitable readies, the option of placing Nis order elsewhere and holding the Seller liable for damages. which amHowever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable a which ere beyond its reaonable comsat and without its Dolt of negligence, sect acts of God, aces ofcivB a eailiary es causing such delay is priorities, fires, stokes, Bond, epidemics, wars or tints provided Nat notice re the conditions causing such delay is given m the h del riot edam roe (5) ry s of the time when the Seller first received knowledge mentief.b In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, article, materials and work coverts by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted smndmis for work of a simile, namra. The Seller agree to hold the pumhauf boundless tram any loss, damage of exartse which the Parchuer may suffer or barren account of the Sellers breach of wamanry. The Seller shall replace, repair of make good, without cast to the pumhaser, any defects or faults arising within one (1) year or within such longer period of time as may IN prescribed by law or by the arms of my applicable worem, provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance m11w be nably delayed), resulting Gom impact or defective work done or =tenets furnished by the Seller. Acceptance or use of goods by the Pachasef shall not onsfima a waiver of any claim under this wammry. Except as otherwise provided in this pmchma order, the Sellers liability hereunder shall extend to all damages proximately moved by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Parchasa may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the terms, other Nan legal temss, including additions to or deletions from the Fromma originally ordered in the specifications or drawings, by verbal or women change other. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by woman change under, terminate mis agreement as to my or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or mmerials then in meekness provided for the Purchaser shall not be liable for any claims for anticipated profits on thc uncompined Portion of the goods andior work, fee incidental or consmmarrial damages, and that no such adjustment be made in favor of the Seller wish expert to any goads which are the Sellers standam stack. No such amtimliw shall relieve the Purchases or the Sella of my ofthev obligations m to any good delivered herema er. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjusmant mars, be assmnd within thirty (30) dars from the dine the then, m trndnauon is omered. 8. COMPLIANCE WITH LAW. The Seller warrants Oat all goods sold bereunder shall lave been produced, sold. delivered and famished I. strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall assume and deliver such documents as may be inquired on effect or evidence compliance. All laws and regulations mluired to be ncoryomred N agreements of this chamcdel arc hereby incorporated head by this reference. The Seller agree to indemnify and hold the Purchaser harmless from all costs and damages suReled by the Purchases as a recut, of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, manager, re convey this water, or my monies due or to become due heremder without dhe poor wriuen wmven, of the wan pray. 10. TITLE. The Seller wamans Bill, chair and maahiaed rife re the Purchaser for all equipment, rdarerials, without fished in affix. of this agreement five and clear of any ana all liens, restrictions, raiervwlimes, sauriry intemr encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to Pay by rca. of such infringement at any time during the prosecution or mar the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser fire right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGrnging. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a recver or trustee for any of the Sellers property or business, this coder may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofae agreement and the rights of all panics hereunder shall be com nt ed under and governed "a laws of the Sao ofColoredo, USA. The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the services of Sellers Represcnative(s), m the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Stilels we risk ..,it the same 6 fully completed and accepted, and shall, in tau of any accident, daArreien or injury do the work maker materials befom Sellers final completion and acceptance, ample¢ the work . Sagefs own expense end ee the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload, seen, add handle same at the site and became n,epensible therefor m though such materials and/or equipment were being furnished by the Seller ander the Order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers comansaliom including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchases omeq and/or to their dependents in accordance with the laws of the seam in which the work is to M done. The Seller shall else wary comprehensive general liability including, but cat limited to, commercial and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for my one person. E500,003 for my one accident and property damage limit pet accident of 5400,000. Thc Seller shall likewise require his camracomit, if any, to provide far such cw e,wass m and insurance. Befog any of the Sellers or his amerecmrs employees shall do any work upon the premises of others. the Seller shall Spanish the Purchaser with a certificate char such compensation and insurance have been provided. Such certificates shall specify Its date when such compensation and insurance have been provided. Such renificales shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and imumnce shall be maintained until after the entire work is compined ana accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nsmmes the entire respensfiliry and liability for any and all damage, loss or injury of my kind r ma wmsacaused hver to permits or property used by or moulting from the execution affix, work provided for in thalis purcha¢ emu or in nomination herewith. The Seller wilt indemnify and bold hafmlaas the Purchaser and any r all of the Pmcbasers officers. agents and employees gram and against any and all claims, losses, damages, charges or expenses, whether direct or indirecs, and whether to arsons or property to which the Purchaser may be put or subject by comen of any act, action, neglect, omission or default on the pan of the Seller, my of his comentors, or any of the Sellers of contractors officers, agents or employees. In eau my suit re other proceedings shall be brought against the Purchaser, or its officers, agents re employees at my time an account or by rent. of my act, action. neglect, omission or defoull of thc Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense firm(and an defend the same in the Sellers own expense, m Pay my and all costs, emergent, unomeys fees and other expenses, my and all judgmmts that easy M 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 on abmined against the property of the Purchases, or said parties in or as a result ofsuch suits or other proceedings, the Sella will in once coma the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, f ish and insist] all gaud necessary far the prevented of accidents, comply wish all laws and enlistments widh regard to safety including, but without limitation, the Oaupauoml Safety and Health Act of 1970 and all roles and regulations issued pursumt Ibearm. Revised 03=0