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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9145688Fort Collins Date: 10/01/2014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9145688 1of3 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: 10/01/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7107 Line Description Quantity UOM Unit Price Extended Ordered Price t 214 N Howes - Wellness Clinic Provide all labor and material per proposal dated 8/29/14. inclusions: reference drawings -Demo walls as shown -Frame new walls as shown -Install 2 new frame doors and hardware -hang and finsish drywall -paint walls -demo concrete for new plumbing -pour back concrete -install cabinets and tops as shown -dumpster -ceiling repair exclusions: -excavation & backfll for plumbing all plumbing -all electrical -all temp toilets, power -dumpster sub -total = $15,068.00 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 1 LOT LS 20, 529.28 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914568er Page City of PURCHASE 9145688 2 of 3 t Chis numbees'must pac ppear ` Collins1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price option Skim coal walls as shown, prime walls, paint Finish to be level 4 (smooth) cost = $5,461.28 - Total cost = $20,529.28 Contact: Ethan Cozzens 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.wrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 - r - u t 11MM f3 Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stain and local taxes. Our Exemption Number is I I. NON WAIVER. 9SOM502. Federal Excise Tax Exemption Cenifente of Registry 84-60110587 is registered with the Collector of Failure of the Pumhasor to insist upon strict pconsmance of the terms and conditions hereof. failure or delay no Internal Revenue, Denver, Colorado (Ref. Colotudo Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or mosaics 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 Tithe design, shall not release the Seller of Goods RejectW. GOODS REJECTED due to failure to meet spaificanons, either when shipped or due U. defds of any of the warranties or obligations of this purchase order and shall not he doomed a waiver of any right of the damagm in areaft. may amumed U,youfar credit and are not to he replaced except upon receipt of write. Purchaser to insist upon strict perfirance, humfor any ofits rights or remedies as red any such goods, regmdlas instructions from the City of Fon Collins. of whin shipped, received or accepted, as m any prior or subsequent default hamada. nor shall any apported oil modification or rescission of this porchaw wider by the Purchaser operate as a waiver of any of the tams Inspection. GOODS are subject to the City of Ford Collins inspection on anise. hereof. Final Acceptance. Receipt of the merchandise, spices or equipment in mponm an this order, can molt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. out reared payment on the pan of the City of Fort Collins. However, it is to be udersbod that FINAL Seller ad the Purchaser recognize that in actual arresulting practice, o erthmgu ulting from antitrust ACCEPTANCE is dependent uponcampleionofill applicable required inspactionprocedum, violations are in fact bourne by the Pumhaa. Thereto ore, for and rouse and as emendation. for executing this purchase order, the Seller hereby whigns to the Pamhasor any and all claims it may now have or hereafter Freight Tenor. Shipments most be F.O.B., City of Fart Collins, 700 Woad SL, Fort Collins, CO 80522, unless acquired under board or sue antlmst laws for such overcharges relating to the particular gods or services otherwise spmifid on this Under. If permission is given to prepay freight and charge o pmamly, the original freight purchased or acquired by the Purchaser pursuanuo this purchase meet. bill must accompany invoice. Additional charges for packing will not be accepred. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers haw distributing points in wrions pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the newest distribution point to destirrtion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicate.%its inability or unwillingness to comply, the Purchaser shipments are made from greater 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 sell,, sole cost all necessary permits, certificates and licenses required by all applicable laws, ric,luionm, ordinances and roles of the sort¢, arnme,dity, territory or political subdivision where the work is performed, ar rapti red by any other duly constiftled public authority having jurisdiction over the work of vatdor. Seller father agrees as hold the City of Fort Collins harmless from and against all linbil in, vad loss rumored by than by acmun of an assmml or e,aabllehed violation of any such laws, regnlnlions, ordinances, rules and requirements. Amf orianim, All Punic, 1a this contract agree that the representatives are, in face, bona fide and possess full and complete authority to bind mind parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temps and conditions staled herein col forth and any supplementary or additional from and conddrom afinexd hereto or incorporated herein by reference. Any additional or diRcrent terms and conditions proposed by sells arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou ..at make complete shipment to arrive on your Promised delivery d to as noted. Time is of the essence. Delivery and perfomtancc most Ire elected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acttptnnce of partial Imo deliveries, shall operm as a waiver arms pion. In the even of any delay, the Purchaser shall have, in addition to other legal and quitable remedies, the option ofpladng this order elsewhem and holding the Sella liable for damages. Howaveq the Seller shall not be liable for damages as a result of delays due to rumors not reasonably foreseeable which we beyond its reasomble control and without its fault of negligence, such acts of Gd, ass ofcivil or military authorities, govemmenml priorities, fires, market, Band, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days abthe time when me Seller first received knowledge Thereof. In the event artery such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants than all goods, articles, materials and weak covered by dies order will common with applicable drawings, spexificiumm., sample and/or other descriptions given, will be fit for the Ptupwas intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to bald the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmi The Seller shall ,¢pace, repair ur make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be, prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hmaunder (acceptance not to be unreasonably delayed), resulting from Impatia or defective work done o, materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall atend as all damages proximately caused by the breach Of Tiny of the foregoing warranties ar guarantees, but such linbil it, shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change Under. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal more, including additions to or deletions from the quints, originally ordered in the specifications or drawings, by verbal or woman change odic If any much change dl e. the amount due or the lime of performance hereunder, an quimble mi marnmer shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate This agreement as to any or all portions of the Soods then not shipped, subject to any equitable adjustment between the pries as m any work or materials then in ,a,— Prodded Char he Purelwer quit at be handle for any claims for anticipated hol .a the maimumleed Whom of the goads andsor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with mpent to any guards which art me Sellers mandered stock- No much temrirution shall relieve The Purchaser or the Sella of any afilmn obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for djummen, ..at be assured within thirty (30) days from the date the Than,, ar termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hereunder shall have been produced, sold delivered and famished in sonar compliance with all applicable laws and regulations to which the goods are subjem. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby incuryorered herein by mix reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agrcemenT, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. no Seller shall release the Purchaser and its contractor of any tier from all liability and claims of any nature resulting from the performance of such work. )Lis release shill apply even in the event of fault of negli,en , of the party releaser) and shall extend to the dimdors, officers and employees af,Ueh party. The Seller's contractual obligations, including warranty, %ball rat be deemed a be routed, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to nse any design, device, material or process covered by letter, Formal, 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 parented design, device, material or process in connection with the impact, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at coy time during the prosecution or after the completion of the work. In cam said quipment or any pan thereof or the intended use of the good%, is in such .it held to wnstitate fi frngemeat and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the tight m continue using said equipment in parts, replace the same with substantially equal but wer infrmot, eyiiipaced. or mdify it so it becomes noninftingin, 15. INSOLVENCY. If the Seller shall bmame insolvent or bavkmpr, make an assignment for the brnefir of creditors, appoint a romewn or worse for any of the Sellers property, or Isomerism, this order may forthwith be canceled by the Pumhaer without liability. 16. GOVERNING LAW. The definitions of terns word or the interpretation of the aft eemem and the rights of all parties hereunder shall he onstmed under and governed by the laws of the State of Calmadre, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises 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 to the work reactor materials before Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials mud equipment are fumishd by others far installation or erection by the Seller, the Seller shall receive, unload, mom and handle same at the site and become responsible therefor a though such materials and/or equipment were being Famished by the Seller under the arda. 18. INSURANCE. l'he Seller shall, at his own expense, provide for The payment of workers compensation, 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 he done. The Seller shall also carry compreheaive general liability including, but not limited to. contractual and automobile public liability, insurance with bodily injury and death limits of at lent 5300,000 for any one person, 5500,000 for any one accidem anJ properly damage limit per accident of 54t10,000. The Seller shall likewise require his councro rs, if any, to provide for such compasarion and insurance Before any of the Sellers or his contractors employees shall do any work upon the promises of o l ers, the Seller shall famish the Purchaser with a cenificate that such compensation and announce have been provided. Such ecnifcutes shall specify the date when such compensation and insurance have been provided. Such certificate shall specify the data when such compensation and insurance a.mro . The Sella, agrees ma, such compenm mn and assurance shall he mainamed it i fien are entire work u completed ad accepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby asumes Be .it. mponsibiloy and liability far any and all damage, loss or injury ofany kind ore anham n' , m persons or pm,, caused by or motion, from the mxeatiaa afore work provided fed, in this purchue order or in craw rtion herewith. The Seller will indemnify and held harmless the Purchase, end any r ail 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 or property to which me Purchaser may be at or subject by reason of any act action, aegled omission or default oa the pan of the Sella, any of his contractor, or any of me Sellers or contractors aBlcers, agents or employees. In came any suit or other proceedings shall be brought against the Pumhasm, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their .Beers, agents or employees a aforesaid, the Seller hereby agrees to auume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against me Purchaser or any of its or their officers, agents or employees in such suits or Omer proceedings, and in case judgment or other lien be placed upon or obtaind against the property of the Purchase, or said parries in or a a result of such suits at other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his continuum shall take all safety precautions, famish 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 Health Act of 1970 and all roles and regulations issued pursuant therein. Rcviud 07Q014