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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9145868Fort Collins Date: 10/10/2014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9145868 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: 10/10/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7107 Line Description Quantity UOM Unit Price Extended Ordered Price 1 City Hall - Kitchen Remodel 1 LOT Provide labor and materials to remodel the kitchen area at City Hall. Per proposal dated 8/20/14. Frame, finish and paint new wall at west side for plumbing and electrical set new cabinets at west wall and east wall as shown install new tops. Color to be chosen install existing stainless steel sink and faucets Total price: $7,876.00 Contact: Chad Mapp LS Total Pay terms net 30 days 7,876.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax tnowgi iaus. By sumte the City of Fart Collin is exempt from slate and local macs. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry B4fi000589 is registered will, the Collision of Failure of the Purchaser W basis, upon strict performance of the terms and conditions hereof, failure or delay m Internal Rmenm, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of a breach, the acceptance of or payment fur goods hereunder or approval of the design, shall not Callum the Seller of Goods Rejected. GOODS REJECTED due to failure to seer specifications, either when shipped or due to defects of any of the wasmntia or obligations of this purchase order and shall rot be deemed a waiver of my eight of the damage in transit may be resumed to you for credit and are not to be replaced except upon ancip, of warms. purchaser W insist upon strict perfomame hereof m any of its rights or remedies n to any sell good, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryorted oml modification or rescission of this purchase order by the Purchner operate as a waiver of any of the terms Inpeclion. GOODS are subjmt m the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, moves or equipment in mpone to this order can resell in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amouiaed payment on the part of the City of Fon Collins. However, n is to be auderstood that FINAL Seller and the Purchaser reamm Ira that in actual aiis pmcsim, overcharge; resuting from wo n of ACCEPTANCE is dependent upon completion of all applicable required inspection proaidarm. violations are in fazt Now by the Purchaser. Theretofore,for good cause and a consideration for executing this purchase order, the Seller hereby assign to the Purchaser any coal all claims it may now have or hereafter Freight Terms- Shipments must be P.OD., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating ,o the particular goods or services otherwise specified on this order. If pemrislow is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be sompted Shipment Distance. WTem manufacturers have docributirg points in n .as of the country, shipment is expected from the names, distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dame. Permits. Seller shall procure at sellers sole cost all rosemary permits, renificams and licenses required by all applicable laws, regulations, ordinances and mikes ol'the sense, municipality, territory or political subdivision where the work is perforated, or required by any other duly coasdtmed public authority havingjurivdiction over the work of vendor. Seller fur on, agrees to bold the cry of roes Collin harmless from and against all liability and was incurred by their by reason of an awned or established violation of any such laws, regulations, ordinances, rues and requirements. Authorization. All parties so this comae, agree than the represenmtiva arc, in fact, bona fide and passers full and ampler, anthority ai bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the setms and condition sued herein se, fool, anal any supplementary or additional moms and condition annexed loners, or incorprrmed herein by reference. Any additional or different tents and conditions proposed by seller are objected m and hereby rejmed. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENTimmediately ifyoo owner make complete shipment to worse can your Promised delivery date as noted Time is of the essence. Delivery and performance most be effected within the time stated on she purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this prevision. In the "at ofany delay, ,he Purchaser shall have, m addition bother legal and equitable comedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages n a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ass ofGed, acts i fcivil or military authorities, governmental priorities, fires, makes, Rood, epidemics, was or riots provided that notice of the condition coning such delay is given to the Purchner within Eve (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specification, samples andhor other description given, will be fit for the purposes intended, and pert ed with the highest degree of care end compenence in accordance with accepsed mussiness for work of is similar music. The Seller ogress to hold the porchaur harmless from any loss, damage or expense which the Purchaser may sulfur or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make grow, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may b , prescribed by law or by the tents of my applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance our to be, unreasonably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goods by (lie Purchaser shall not combine a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability herttmder shall mound an all damages proximately ..it by the breach of any of the humoring wmmn,ia or guarantees, but such liability shall in be event include loss ofprofits or lass of am. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may male any changes to the terns, other than legal terms, including addisiars ,a fir delelion from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time of performance hummili ,anequitable w1jtareno shall be made. 6. TERMINATIONS. The Purchner may at any time by whiten chengc order, mnnimam this agreemem as 10 any err all portions of the good then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in progress pravided that the Purchner shall not be liable for any claims for anticipated profm on rise uncompleted Portion of the good aad'or work, for ravishment or consequential damages, and that no such Wjntment be made in favor of the Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligation as to any good delivered hereunder. ]. CL,MMS FOR ADJUSTMENT. Any claim for adjustment must be aaertN within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict o n,hance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documen. as may he required 1. effect or evidence compliance. All laws and regulation required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from at I ants and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, eansfeq or come, 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 title to the Purchner for all equipment, materials, and items fumished in Performance of this agreement. f and clear of any and ell Hera, restriction, sommotion, security interest encumbrances and claims ofodters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller no correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness so comply, the Purchaser may anise the work W Be performed by the nos, expeclaioas mean available to it, aed the Seller shall Pay all cos. mucciatM with such work. The Seller shall release the Purchaser it its comracmrs of any In from all liability and claims of any nature mashing cam the performance afsuch work. This release shall apply even in the even, of fault of negligence of the parry released and shall extend no the directors, mficers and employees ofauch parry. The Sellers contractual obligation, including womenry, shall not be domed to be reduced, in any way, because such work is performed or anowd In be performed by the Purchner. 14. PATENTS. Whenever the Seller is mryired to fie any design, device material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any cod at I claims for infringement by reason of the fie of such patented design, device, material or process an connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prommaliew or after the completion of the work. In corn said equipment, or any pan thermf or the intended use of the goods, i5 in such suit held to constitute infringcnans and the are of said equipment or pan is enjoined, the Seller shall, at its own expeme and at its option, either procure for the Purchaser Be right to continue ping mid semprrem or pm., replace the same with substantially egos) but noninfringing equipment, or modify it so it becomes noninGinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment fur the benefit of cmdimrs, appoint a or hniee for any of the Sellers property or Nosiness, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the interpretation of the agreement and the rights ,fall ponies hereunder shall be contwaed under and ummused by the laws ofthe State afC.1ma lk, USA. The folloverg Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services rf Sellers Rim untrawas), oa the premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in c of any accident. destruction or injury to the work and/or materials before Seller's firml completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fum¢hed by others for installation or reaction by the Seller, Be Seller shall receive, railroad, store and handle some at the site and become rapoalble therefor as though such materials anchor equipment were being finished by the Seller under the code,. 18. INSURANCE. The Seller shall, at his own expanse. provide for the payment advertisers compensation, including acupational 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 sure in which the work is m be dome. The Seller shall also awry comprehensive general liability including, bur runs limited Io tactual ..it amom,rbile public liability insurance with bodily injury mid death limits of at least 5300,000 for any are person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his mntracmrs, if any, 10 provide for such compensation and insurance. Before any of the Sellers or his contractors employes shall do any work upon the premises of others, the Seller shall f ish the Purchner with a cerificam ,her such compensation and insurance have been provided. Such c atificares shall specify the date when such compensation and instance hove been provided. Such rerificams shall specify the dart when such compensation aM insurance expires. The Seller agrees that such compewtion and insurance shall be mainbiined until after the entire work is complete and mccpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury ofany kind or nature whatsoever to Paramus 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 and any r all of the Embraces officers, agents; and employees Bum and against any and all claims, loses, damages, charges or expenses, whether direct or indimet, and whether to person or property to which the Par leaser may No put or subject by ream. of any era,, moon, neglm, omission or default on Be par of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on accoans or by oeamn of my rat, notion, pettiest, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employes n aforesaid, the Seller hereby agicas to nsusne 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 M incurred by or obtained against do Purchaser or any of its or their officers, agents or employes in such suits or other proceedings, and in case judgment or other lien b, placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall like all mfety precaution, furbish and install all guard necessary for the pmenti ns of accidents, comply with all laws and regulation with regard to widely including, but without Inhibition, the Occupational Safety and Health Act of 1970 and all wales and regulations issued pursuant theism. Revised 072014