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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9144808Fort Collins Date: 08/1912014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9144808 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 08/19/2014 Buyer: DOUG CLAPP Note: reference annual contract #7107 Line Description Quantity UOM Unit Price Extended Ordered Price Provide labor and materials 1 LOT LS 10,405.00 to remodel 3 offices in City Attorney Office area per the attached proposal dated 03/18/14. Contact: Chad Mapp 970-221-6227 Total $10,405.00 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.mm 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502, Federal Excise Tax Exemption Cenificae of Reginry 84-6000587 It registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, fni lure or delay to Intemal Revenue, Denver, Colorado (Ref. Colomda Revised Statutes 1973, Chapter 39-26, 114 pd) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval of IM1e design, shall not rehme the Seller of Goods Rejected. GOODS REPUTED due to failure to meet sped fications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaserto insist upon strict performance licumfor any ofhts rights or remedies as no any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned and modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on amval. hereof Final Acceptance. Receipt of the merchandise, sordans or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, anthonzed pymeid oa the pan of the City of Fort Collins. Himoveq H is an be understood that FINAL Seller and the Purchaser recognize that in actual economic m o practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good came and as consideration far 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 F.O.R., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the pnniculm goods or services otherwise specified on this order. Ifpermosion is given to prepay freight and charge separately, the original freight purchased or acquired by the Pnmhaser pursuant o this purchase order. bill must accomoanv invoice. Additional charges for parkin, will not be rumored, Shipment Distance. More manufacturers have distributing points in various pits of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be, deducted from Invoice when shipments are made farm greater distance. Permits. Seller shall procure at sellers sole cost sal necessary permits, conificams and licenses required by all applicable laws, regulations, ordinances and mars of the stare, municipality, temtory or political subdivision where the work is performed, or required by any other duly constioned public authority having junmiction over the work of vendor. Seller further agrees 1. hold the Cory of Fart Collins harmless from and against all liability and has anc served by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules d requirements. Authorization. All pities to this contract agree that the representatives are, in fact, Puna fide and possess full and complete authony to bond said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions social herein sit rank and any supplementary or additional terms and conditions anneal hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Pum aders including, without limitation, acceptance of panial late dellvenes, shall opmu as a waiver of this provision. In the even of any delay, Me Flounder shall have, in addition to other legal and equitable remedies, the option Fplacing this order elsewhere and bolding the Seller liable for damages. However, Me 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 eels of Gad, acts of civil or military authorities, govemmental pnorities, fires, strikes, Mond, mademles, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller find received knowledge thereof. In the an, of any such delay, ale data of delivery shall be extended for ale pentad equal male time actually lost by reason of the delay. 3. WARRANTY. The Seller warnings Nat all gaol, articles, materials and work covered by this order will conform with applicable drawings, spectfiwtoons, samples anchor other discontinuous Veer, wW be, fit for the purposes iwnalm. and performed with the highest degree of can and competence in accordance with accepted standards for work of a milar nature. The Seller agrees m hold me pmhaur harmless farm any loss, damage ar expense which the Purchaser may suffer or incur on account of the Sellers breach ofwa V. The Seller shall replace, repair or make goad, without cast no the purchaser, any defers or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the team of any applicable warranty provided by the Seller after the date of cmplance of the goods Humored hereunder (acceptance Pot to be unreasonably delayed), resulting farm Imbefileat or def five work done or marmots fumishm by the Seller. Acceptance or axe of goals by the Purchaser shall not onstimle a waiver of any claim under this warranty. Except as otherwise provided in this purchase oiler, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties Or guarantees, but such liability shall on Po event include lass ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TER1,15. The Puchaser may make changes mdepid It. by wrten change order. 5. CHANGES IN COMMERCIAL TERMS. The ILrthaser may make any changes to the tease. other Nan legal terms, including nddidmu to or deletion from the quantities originally ordered in the specifications or Joesup, by verbal or widen change order. If Play such change offices the serpent due or me If— .1',cormuncame hereunder, an emormle adjutment shall be, made. 6. TERMINATIONS. The Putchmer may at any time by written change mean, Promote this agrtrncm in to any or all portion of the goods then not shipped, subject to any incurable adjustment between Ne pries m to any work or materials then in pmgmas provided that the Pumhzmr shall not be liable for any Claims for anticipated profits on the uncompleted Portion Pf the good and/or work, for incidental or mmquefial damages, and that ter such aapartment he made in favor of the Seller with respect to any goad which are the Sellers standard stock. No such termination shall relieve the Purchazer or the Sella ofany of fair Obligations as to any goads delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any loom far adjusrrum mat the, asserted within thirty (30) days farm the date the change Pr termination is omered- 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall hand been produced, sold delivered and fie embed Or arm, compluvice will all applicable Is and regulatior, b which the goods cute mbjar- The Sella shall execute and derovo such documents as may be required m eflan or evidence.,[[ m. All laws vat regulmfons Hamad to be ncarpomted in agreements of this character are hereby moon,or and hmm by this reference. The Seller attract to indemnify avd hold the Purchaser harmless farm all rosy and damages suftoed by the Purchazer az a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nerfer parry shall excel mander, or convey this order, or any amities due or to become due hereunder wdhaut ale poor... consent offe ofapany. 10.TITLE- The Seller warmu, Call, cicar and unrmtroered rifle an Ore Purchazer for all equipment, maenals, and it. famished or Rmfourproom of 1hd agreement free and clew of any and all liens, restdctiom, reaondliom, security intent encumbrmees and clams Prothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfIlia Purchaser directs the Seller to correct nonconforming or defective goods by a date to her agreed upon by the Pmchaser and the Seller, and the Seller thereofier indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shill pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature esuhing from the pert rm in m of sucM1 walk. This release shall apply even in the event of Nult of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not the deemed to he reduced, in any way, because such work is performed or caused to be perfamrm by the Purchazer. 14. PATENTS. Whenever the Seller k required to use any design, device, material or process catered by letter, patmt, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for Infringement by reason of the use of such patented design, device, material or process on 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 pun thereof or the intended use of the good is in such suit held to consulate infingement 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 the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or rushbr d so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an msignmem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 0, GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the fights of all panics hereunder shall be onswed undo and governed by ale laws offe State of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder. including the services of Sallers Reprtsenlative(s), on the promises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury m the work and/or materials befog Sailers Elm completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Pump H. When materials and equipment are famished by others for installation or radium by the Seller, ale Sella shall receive, ualdi d. store and handle same at the site and become respomible Heated, ns though such materials amUor equipment were being fumishN by the Seller under ale Omer. 18. INSURANCE, The Seller &ball, at his own expense, provide for the payment of workers compensation, including oecupalional disease heri to its employees employed on or in connection with tie work maenad by this purchase order, and/or to their dep ndenla in accomance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive reactor liability including, but oat limited to, contadml and automobile public liability imumnm with boddy injury aid death limits Prat least S300,W0 fat any one person, $500,000 for any one accident and pmoerty damage limit Par accident of STuffu00. The Seller shall likewise require his ontmaons, if any, no provide for such compensation and insurance. Before any arm, Sellers a his contractors employees shall do any work No the prtmiams of others, the Seller shall famish the Pumhaer with a centficare that such compemation and insurance have been provided. Such cenifcates shall specify the date when such ompensabon am insurance hand been provided. Such ca rficares shall specify the date when such compensation and insurance expires. The Seller agrees Nat such comper,alion and oaumntt shall be maintained unto) eager the entire work Is completed aM accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the rn fir responsibility and Eobdity fw any and all damage, loss or injury of any kind or venue whatsoever to person, or property caused by or resulting firm the execution ofthe work provided for in this purchase order Or in confection herewith. The Seller will indemnify and hold harmless fe Purcbmer and any r all of the Predators officers, agents and employees farm and against any and all claims, losses, damages, charges or expenses, whether drreer or ondiradt, and whether to parom at pmlxmy to which fc pachmer may to, put or subjat by reason of any act. Italian, detract, omission ar default on the pat of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In race any suit or other pr cadings shall ber brought against the Purchaser, or its officers, agens or employees at any time on eccounl m by reason of any art, action, oeglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees m afortuid, the Seller hereby agrees la aszume ale defense thereof and to defend Had same at the Sellers own rxPame, m pay any and all cos,, changes, anomeys fees and oft es,. , any and all judgments that may W incurred by or obtained agaiml the Puncbaur or my of its or Nair officers, agars or employees in such suits or other prtxdalings, and in case judgment or other [am be pWced upon ar obtained againt the property of ale Purchaser, or said panier In or m a resuh of such suits or other proceedings. Me Seller will at once cause the same m be dissolved and discharged by Runng bond or otherwise. The Seller, vat his conlmct. shall take all ufety precautions, f ish and install sell goad necessary fat the Paxton.. of accidents, comply with all laws and regulations with regain to safety including, but without limitation, the Occupational Safety aM Health Act of 1990 aM all ales and regulations issued pursuant therem. Revised 092014