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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9145867Fort of Date: 10/10/2014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9145867 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: 10/10/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7107 Line Description uuantity UOM Unit Price Extended Ordered Price 1 117 N Mason 1 LOT LS 36,712.00 Provide labor and materials to remodel counter as well as north and south walls per proposal dated 9/29/14. Also includes charges for labor after normal working hours. Bullet resistant glass - $9,400.00 Kevlar - $7,800.00 Counter top pass throughs (4) @ 250.00 each - $1,000.00 Frame, drywall and paint - $5,255.00 Counter top work: $3,500.00 2 new oak trim and cabinet work - $ 650.00 Misc. oak trim and cabinet work - $2,500.00 7% on material and subs - $2,107.00 General Labor - $2,800.00 Total: $35,012.00 Please add $1,700.00 for labor after normal working hrs. Contact: Chad Mapp 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of /11 `r Collins PURCHASE ORDER 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 PO Number Page 9145867 2o13 This number must appear on all invoices, packing sli s and labels. Total Pay terms net 30 days Invoice Address: 712.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate pf Regimry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colomd Revised Stand. 1973. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defied, of damage in transit may be reamed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS are subject o the City effort Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the Wit of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.D.. City of Too Collins, 7W Wood Sk, Fort Collins, CO 80522, unless otherwrise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in mine, papa of the country, shipment is expected boom the career distribution Point to destination, and excess fight will he deducted from Immice what shipments are made from greener, dismnre. Permits. Seller shall procure at sellers .to toll all necessary permits, reniriGne, and licenses required by all applicable laws, regulations, oeiarem. and roles of the stare, municipality, temtory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller furhe, agrees to hold the City of port Collins harmless from and .,.are, all liability ..,it lass incurred by them by reason of an assumed or established ws violation of any such la, regulations, ordinances, rates end requirements. Authoritarian. All parties to this contract agree that the cepresenunives are, in fact, ban. fide and possess JOB and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits areplancc to the terms and conditions stated herein set Earth and any supplementary or additional terms and conditions annexed hereto or incaryomted herein by reference. Any additional or different temps and conditions proposed by seller are objecled to and hereby r jedcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the rswror. Delivery end performance must be effected within the time stated on the purchase aide, and the documenss attached herein. No as of flue Purchasers including, without limitation, acceptance ofpaeal late delivenes, shall operom as a waiver of this provision. In rue many of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable far damages. F.Acyeq the Seller shall not be liable for damages as .result of delays due to causes not materiality foreseeable which are beyond its reasonable control and without its fault ofnegligence, such was of Gad, am of civil or military authorities, gosammen al primnties, fires, strikes, Dood epidemics, wars or nets provided that notice of the conditions causing such delay is given he the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date or delivery shall be extended for the period equal to the time acsuelly lost by ..a of lha delay. 3. WARRANTY. The Seller warams that all goods, auricles, materials and work covered by this meet will confmmt with applicable drawings specificalions, samples andior other descriptions given, will be fit for the purposes intended, and Perfumed with the highest degree of care and competence in mucordance with accepted smvdards for work, of a similar nature. The Seller agrees to hold the purchaser hamless from any lass, damage or expense which file Purchaser may suffer or incur ua....nt ethic Sellers breach of warranty. The Seller shall replace, repair or make said, without cost to the purchaser, any defects ar faults arising within one (I) year or within such danger period of time As maybe prescribed by law or by the more of any applicable normal ptosided by the Sella after the dam of acceptance of the goods founded buncombe (acceptance not he be unreasonably delayed), resulting from ironedt or defensive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as whervise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILIT Y OR OF FITNESS FOR PURPOSE St ALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temrs by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes an due terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the s lecifivoions or drawings, by verbal or wainen change order. If any such change affects the amount due or the time of performance herel ea equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by wrium change order, terminate this agreement as to any or all Panama of the goods then not shipped, subject to any auirable adjustment between the parries as to any work or materials then in progress provided that the Pachaw, shall not be liable for any claims ILr anticipated profits on toe uncompleted portion of the goad ml work, for incidental or conswwential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which era the Sellers mandard stock_ No such termination shall mliew the Purchaser or the Seller ofany oftheir obligations as to any good delivered Forma er. T. CLAIMS FOR ADJUSTMENT. Any claim for ndjumment mum be asserted within thirty (30) days Gom the dam the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver mall documents as may be required to elfecv or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees on indemnify and hold the Purchaser hamless from all cos¢ aM damages suffered by the Fachuer as a result of the Sellers failme ra comply with such law. 9. ASSIGNMENT. Neither pvry shall resign, tramfers or convey this polar, or any monies due or to become due hereunder without the poor wrinat commit of the other parry. I a. TITLE. The Seller wasom s fall, clear and unrestricted title to the Forerunner far all equipment, mnamE. and items furnished in pafoma . of Nis ago emenq Gee and clear of any and all liens, restrictions, reservations, a mprity interact encumbrances and claims ofolhcrs. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failme or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller an the event of a Fail fl , acceptance of or payment for goods Formal or approval of the design, shall trot 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 to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or prepared, as he any poor or subsequent default hereunder, nor shall any puryoured oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terror hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognire that in mutual economic practice, overcharges resulting from antitrust violations are in Get home by the Purchaser. Theretofore I., food muse 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 acquired under federal or state antitrust laws for such overcharges returns to the particular goods or services pumhsed or acquired by the Purchaser pursmm m this purchase order. I3. PURCHASERS PERFORMANCE OF SEI,I,ERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaer and the Seller, and the Seller thereafter 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 shall pay all costs assacimed with such work. The Seller shall release Ire Purchaser and its comrators ofany tier from all liability and claims of any namre resulting tram the performance ofsuch work. This release shall apply even in the event or fault of negligence of the party released and shall extend to the directors, afEcers and employees of such parry. The Seller's c I a,mal obligations, including warenty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfonmed by the Purcbser. 14. PATENTS. Whenever the Seller is required to use any design, device, mulenal or process covered by letter, patent trademark r copyright, the Seller shall indemnity and save harmless the Purchaser from any and ell claims for infringement by mason of the use of such patented design, device, mama nd or process in connection with the contract, and shall indemnify the Purchase far any cost, expense ar damage which it maybe obliged to Pay by reason of such infringement m any time during the prosecution or after the completion of the work. In caw said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute management and the use Of said equipment or For is enjoined, the Seller shall, st its own expense Our nr its apron, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninGnging equipment, or modify it so it becomes naninGmging. 15. INSOLVENCY. If the Seller shall become insolvent or barkmpt make an assignment for the benefit of creditors, appoint a receiver or brome for any of the Sellers property or business, this order may forthwith be canceled by the Pumltnsu without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be canslmed under and guvemed by ncc laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller u to perform work hereunder, including the services of Sellers Repremarative(s), on the premues ofmhil IZ SELLERS RESPONSIBILITY. The Seller shall may, on said work at Sellers own risk until the same is fully completed and arepred, and shall. in e of any accident, destruction or injury ro the work routine materials before settees Goal completion and acceptance, complete the work at Sellers own expense and to the malefaction of the Purchaser. When materials and equipment arm, fomished by others far imallmon or erection by the Seller, the Seller shall receive, odour, slate and handle sans, al the site and become responsible therefor es tough such materials real equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers campetssatinn, including accupatimal disease beards, to its employees employed on or in connection with the work covered by this purchase order, maloor to trial, dependents in acconlnnce with the laws of the state in which the walk is m be done The Seller shall also cart' con embensiv, general liability including, but not limited to, council and automobile public lia lily insurance with bodily injury and death limits of a least SIM," for any one person, 5500,000 far any one accident and property damage limit per accident of S400,3100. The Seller shall likewise ,quire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with . cerrfcam trial such empirical and insurance have been provided. Such emirates shall specify the date when such compensation and insurance have been provided Such cenificates shall specify the date when such compensation and couranner, expires. The Seller agrees that such compensation unit insurance shall be maintained until after he entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and al I damage, loss or injury Of my kind or nature whatwes'er to persons or property caused by or resulting from the execution of the work provided for in this purchase order Or in connection herewith. The Seller will indemnify and hold harmless the Purchaser aid any cr all of the Purchasers oRcers, agents and employers from and against any and all claims lmages, osses, da harges or expenses, whether direct or indinel, and whether to persons or property to which the Purchaser may be pat or subject by reason of any at, cation, rim 1, omission or default an the pan of the Seller, mry of his contraeors. or any of the Sellers or contractors officers, agents or employees. In caw any suit or other proceedings shall be brought against the Purchase, or its officer, agents or employees at any time on aroma or by reason of any act, nation, neglect omission or default of the Seller of any of his contractors or any of its Or their officers, agents or employees as aforewld, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, lateral fees and other expenses, any and all judgments that Only be 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 pm modir , the Seller will at once cause the same m be dissolved and discharged by giving band or otherwise. The Seller and his Spatial shall sake all safory pr x amions, famish and install all goads necessary for the prevention of accidents, comply with all Lows 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. Revised OM014