HomeMy WebLinkAbout535768 WOODPRIDE FLOORING - PURCHASE ORDER - 9144109City of
F„�t Collins
PURCHASE ORDER
PO Number Page
9144109 1of2
This number must appear
on all invoices, packing
sli s and labels.
Date: 07/21/2014
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: 07/21/2014
Buyer:
DOUG CLAPP
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
Northside Aztlan CC
1 LOT
LS
7,848.70
Screen, clean, and apply two
coats of Bona Super Sport 2 part finish.
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.cwm
Total $7,848.70
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 Condilion5
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By sods, the City of Fart Collins is exempt from sole and local Users. Our Exemption Number is
11. NON WAIVER.
98-WILD, Fdeml Excise Tax Exemption Conferee of Registry gFG0005SO is negistemd with the Collector of
Failure of the Purchaser to insist upon stint performance of Ne seems and conditions hereof, failure or delay, to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sodden 1973, Chapter 39--26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly modify the Seller in the event of a
breach. me acccpdatt of or payment fro goods hereunder or approval of the design, shall WI release the Seller of
Goods Rejected. GOODS REJECTED due to failum to meet specifications, either when shipped or due to defects of
any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be mdmed 'o you for credit and are not to be replaced except upon rewipd of carried
purchaser to insist upon snict performance bereofor any of its rights ormmedaw as to any such goods, regandless
instructions tiom the City of Too Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns
Inspection. GOODS are subject o the City of Fort Collins inspection on arrival.
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in respond, to this order canasset in
12. ASSIGNM ENT OF ANTITRUST CLAIMS.
authorval paymem on the part Of the City of Fort Collins. However, it is to be understood fatFINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
r
T ACCEPANCE is dependent upon completion Of all applicable required inspection procedures.
violations are in fat home by the Purchase, Theremfore,nfor good cause and os conidrmtion for executing'his
•
purchase order, the Seller hereby wesigne to the Purchaser any and all claims it may now have or hereafter
Freight Tams. Shipments must be FOB., City of Fort Collin, IW Wood St, Fort Collins• CO 80522, unless
acquired under federal or sole antitrnt no, for such overcharges rehiing to the partial. goods or urvices
otherwise specified on this order. If permission is given to prepay, freight and charge separately, the original freight
purchased or acquired by the Purehuer pursuant to this purchase order
bill most accompany imnitt. Additional charges for packing will not be accepted.
13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Didmunce. Where manufacturers bane dnachuting points in various puns of the country, shipment is
If the Purchaser directs In, Seller to correct nonconhnming or defective goods by a date to be agreed upon by the
expected from the nearest distribution prim m destination, and excess freight will be deducted lion Invoice when
Purchaser and the Seller and the Sella thereafter indicates its inability or unwillingness sea comply, the Purchaser
shipments are made Gom grtaer disonce.
may cane the work to be performed by the most expcddion mean available W it, and the Seller shall pry o11
costs assrciated with such work.
Permits. Sella shall p.am al sellers sole cost all mcessary Planar rernficala and liernses rtquird by all
applicable law,, mpar ion, ordinances and roles of the sate, municipality, ternary or political subdivision where
the wink is performed, or required by any other duly constituted public authority having jurestidion over the work
of vendor Seller further agrees to hold the City Of Fart Collins harmless four, and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulationordinance, roles
and requirement,
Amf orivarfan. All parties to Chia anmd agree that the aepresenativa are, to fact, bona fide and possess full and
..,lure aoihwty'o bind s.fit panda.
LIMITA1 [ON OF TERMS. This Purchase Order expressly limits acceptance ha the terms and conditions sated
herein ad forth and any supplementary or additional terms and conditions annexal hemto or incorporated herein by
reference. Any additional or ditfaund terms and monition pmposd by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou Wad make complete shipment to arrive on your
Promised delivery date as word Time is of the rnentt. Delivery and performance must be, effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
Riddance, acceptance of partial late deliveries, shah nsurde as n order, of his provision. 1n the event of dry delay,
the Purchaser shall have, in addition to other Iegal and egmable andies, the option of placing this aide, elsewbere
add holding the Sella liable for damages. However, Ne Seller shall Lost be liable for damages in a result of delays
dine to causes not reamr:ably foreseeable which are beyond its readable control and without its fault of negligence,
such acts of(id, acts ofeivil or military authorities, governmental prioriins, fires, strikes, Broad, epidemics, wars or
dots provided that nail,, of the conditions causing such delay is given m the Purchaser whin five 15) days of the
time when the Seller first received knowledge therm[ In the coma ofany such delay, the date of del ivory shall be
extended for the prod equal m the time actually last by r.a of Ne delay.
3. WARRANTY.
The Seller warrants that all goods, articles, mmernals and work covered by this order will conform with applicable
drawings, specifications, sounder 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 standards for work of a
-molar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to she purchaser, any defects or faults arising within one (1) year or within such longer peril of
now as nay be f raaibd by law or by go terms of any applicable vvmanty provided by Ne Sella after the dam of
acceptance of the goods indushd bladder (acceptance nod to be unreawmUsbly delayed), ,.Ohio, from imperfect
or defective work done or mo'edala famished by the Seller. Acceptance or are of Goods by the Purchaser shall not
constitute a waiver ofany claim under this war dry. Except as otherwise towidi l in this purchase rude, the Sellers
liability hereunder shall extend to sll damages pm untely caused by the breach of any Of the f velpong wa rantia
in guamnitts, but such liability shall in no event include loss of pilfts or loss of use. NO IMPLIED \VARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES M LEGAL TERMS.
The Purchase, may make changes at legal terms by wnam change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the Ica¢, other than legal neon, including addition to or deletions farm
the securities originally ordered in the spaificatiom or drawings, by veNal or waive, change order. If any such
change affects the amount due or the time ofperfom re ce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The P... com, may at any Lime by maned change order, moninam this agreement as sea any at all punsor the
goods then not shipped subject to my equitable adjustment between the parties re, to any work or materials then in
progress provided that the Pamhre r shall not he liable for my claims for anticipated profits on the uncompleted
portion of rho goods adlor work, for incidead or cotrsequential damages, and that no such adjustment the made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such marradon shall relieve
the Purchaser or the Seller of my oftheu obligation n to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment muss be nand within thirty (30) days from the dam the change or termnatim fs
ordered.
S. COMPLIANCE WITH LAW.
The Sella warams that all goods sold hereunder shall Rave been produced, sold, delivered and famished is strict
compliance with all applicable has and regulations 0 which he goods are subject. The Seller shall execute unit
dehver such documents n may be required to effect or evidence compliance. All lawn and regulations required m be
incorporated in agreements of this character oar hereby incorporated herein by this mixture, The Seller agrees to
indemnify and bold the Purchaser hmmias firm all costs and damages suffered by Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither any shall resign, transfer, .1conveythis order, or any U can due or to become due hereunder wdhont the
prior wdnen concert rates other party.
I o. TITLE.
The Seller wamnn full, clear and nonstandard title to Use Penthouse for all equipment, m renals, and items fumnhd
in performance of Nis agreement free and clear of any and all Ilen, restrictions, reservations, security interest
encumbrances ad claims of others.
The Seller shall mane the Purchaser and its contractors of any tier from all liability and claims of my ware
along farm the performance of such work.
This release shall apply even in be event of fruit of negligence of the party related and shall extend to the
directors, oRcers and employees ofmch parry.
The Sellers contractual obligations, including warenry, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to he Performed by the Purchase.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by late,, patent trademark
or copyright, the Seller shall iMcmnify and save bamlese the Purchuer from any and all claims for infringement
by reason of the use of such patented design, deice, material or process in connection with the mntmet, and
shall indemnify the Purchaser for any cost expense or damage which it may be, oblfgM m pay by aeon of such
infringement at any time during the prosecution or oiler the completion of the work. In case said equipment, or
any part thereof err the infrared use of the goods, is in such suit held to constitute infringement and the use Of
said equipment or part is enjoined, the Seller shall, at its own expense and at its action, either procure for the
Puddrea the right to continue using said equipment or parts, replace the same with substantially ,gal but
noninfdnging equipment, or codify it so it becomes noninfringing.
15. MSOLVENCY.
If the Seller shall become insolvent or baN:mpt make an assignment for the benefit of creditors, sppoim a
receiver or tmsme for any of the Sellers property or business, this order may forthwith be carrot d by We
Purchaser without liability.
16. GOVERNING LA\V.
The definition of an. used or the nmerymdtion ofthe agreement and the rights ofail parties heeunder shut be
covaued under and governed by the laws ofthe Star of Colorado, USA.
The following Additional Conditions apply only in where the Seller is to perform work hereunder,
including the services of Sellers Represenmtive(s), on thecases
premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall Cary oa said work at Settees own risk until Life same is fully completed and accepted, and shall,
in se of any accident destruction or injury to the work doctor materials before Sellers final completion and
acceptance, complete the work at Settees own expense and N the satisfaction of the Prodde r. When materials
and equipment arc famished by others for installation or whion by the Seller, the Seller dull receive, uf
store and handle same at the site and become responsible therefor as though such materials and'or equipment
were being firmishd by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
do ase benefits, to it, employees employed on or in connection with the work covered by this purchase order,
vapor to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, conurctual and automobile public
habiliry i wUawwe with bulily injury and death limits of at lean 5300.0ro far any one persons S500,000 for any
one accident and property, damage limit per accident of 5400,000. The Seller shall likewise require his
contracroo if any, nr provide for such w-p-UUiom and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such conmperomion and insurance have been Provided. Such ecti icam, 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 that such compensation and fnumnee deal be mamumd until after the
entire work is campleld and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind
or ware whatsoever to Persons or property caused by or resulting film the execution of Ore work provided for din
this purchase .,it,, art in correction herewith. The Seller will indemnify it hold b srulms the Purchaser and any
r all of the Purthaurs officers, agents and employees from aW against any ad all claims, losses, damages,
charges or expenses, whether direct or indican, and whether to person or property to which the purchase may
be put or subject by reason of my act, action, neglect omission or default on rise pan of the Sella, any of his
contmcmrs, or any of Ne Sellers or contractors officers, again a employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act action, neglect, omission of default of the Seller of any of his contactors or any wins or
their officers, agents or employees in aforesaid, the Seller hereby agrees m assume the defense thereof and to
defend the same at the Sellers own exponsc, to pay any and all everts, charges, admmeys fees and ome, expenes
any and all judgments that may be incurred by or obtained agamed the Parliament 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 ofsuch suits or other proceedings,
the Seller will al are cause the same to be dissolved and discharged by giving bond or otherwise. The Seller end
his smadu firs shall take all safety ptaeaution, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without Iodation, the
Occupational Safety and Health Act of 1970 and all cola and regulation named pursuant them r,
Revised 07120M