Loading...
HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9146126PURCHASE ORDER PO Number Page City ofs1as12s ,oft This number must appear] V �7 on all invoices, packing �slips and labels. Date: 10/21/2014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/20/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7107 Line Description Quantity UOM Unit Price Extended Ordered Price I Senior Center - Storage Sheds Provide labor. materials and equipment to frame and finish 22' X 46' storage shed with four individual bays and 8'x8' garage doors. Per proposal dated 10/19/14. contact: Brian Hergott 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 1 LOT LS 16,597.50 .50 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 smtme the City of Fan Collins is exempt fmm state and tool taxes. Our Exemption Number is 11. NONWAIVER. 9RlP 50I. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchser to most upon strict Recommence, of the terrns and conditions lumber failure or delay to Internal Revenue, Hoover, Colorado (Ref. Colorado Revised Stamtc 1973, Chapter 39-26, 114 (a), exercise any rights or remedies recorded herein or by law, failure to promptly notify me Seller in the event of a breach, the acceptance of or mymem far goods hereunder or approval ofthe design, shall not releae the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m deicers of any of the .,a. or obligmiem of dais purchase order and shall not be deemed a waiver of any right of the damage in moral, may be resumed to you for credit and are not to he replaced except upon receipt of written purchaser to hour upon strict performance hereofor any of in rights or remedies as to any such goods, regardless ionu<tions from the City of Fan Coition. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser operate m a waiver of my of the terms Inspation. GOODS arc subject to the City of Fan Collins impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood mat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE rs dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby auign, to the Purchser my and it claims it may now have m herea0er Freight Tenth. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, maless acquired under Radical or sure moment laws for such overcharges relining b the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge xc wmimly, the original freight purchased or acquitN by the Purchaser pursuant to this purchase order. bill ..it accompany invoice. Additimml charges for packing will of be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchase directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by me expected fmm me neatest distribution point to destination, and excess freight will be deducted fmm Invoice when Dorchester and the Seller, and me Seller thereafter indicaa its inability or wwilimparess to comply, me Franchisee shipmen6 are made from grater distance. may muse the work an be performed by the most expeditious means available It it and the Seller shall Pay all costs associated with such work. Permits. Seller shall pnzure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regalations, oMirunces and roles of the state, municipality, territory or political subdivision where me work is performed, car required by any other duly constituted public authority having judadictla over from work of vendor. Seller but agrees m hold the City of Don Collins harmles from and against all liability and loss incurred by from by reason of an assured m established violation of any such lax,, mgulmiom, ordinances, wales and requiiements- Authorization. All panics le this contract agree Out the representatives art, in fact, bona fide and possess full and complete ..,ban,, to bind said paddies. LIMITATION OF TERMS. This Purchase Order expressly limits aaplmce W the W. and conditions stated herein set fond and my supplementary or additional from; and conditions amused hereto or Incoelsomted herein by reference. Any mdumnarl or different terms and conditions promised by rotor arc affected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment m arrive on your promised delivery date m noted. Time h of the essence. Delivery and performance must be eflenN within the time stated on the purchase order and the dauments starched hereto. No acts of the Purcbmas including, without limitation, acceptance of pmial late delivenc, shall operate as a waiver of this provision. In the event ofany delay, ,]to Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays der to carries not reawmably foreseeable which are beyond its reasonable control and without its fault of negligence, such a6 of Gad, arts of civil or military authorilies, governmental priontica, fires, strikes, flood, epidemic, wars or riots provided Ora at of the conditions causing such delay is given to me Par I"ou, within five (5) days of the time when the Seller first received knowledge thatvf. In the event of any such delay, the date of delivery shall be extended for the period equal to the time mmally lot by reason ofine delay. 3. WARRANTY. The Scllcr warrants that all goods, ankles mmefds and work covered by this order will conform with applicable drawings, specifications, samples mdror other descriptions given, will b, fit for the purposes intended, cad performed with the highest degree of mere and ..,it. in accordance wim rccepted smndards war work of a similar nature. The Seller agrees an hold the purchaser harmless from any loss, damage or rxpease which the Purchaser may flier or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without over W the purchaser, my defects or faults arising within one (D year or within such longer period of time m may h peesuibed by law or by the tams ofany applicable warranty provided by the Seller more the date of arceptance of fire good famished hareunder (acceptance not to M eareeawwbly delayed), resulting farm impM t or detective work done or materia6 f misled by the Seller. Acceptance or use of good by the Purchaser shall not onstimte a waiver of any claim under this stationary. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of my of the foregoing ab rrmnies or guarantees, but such liability shall in no event include loss of profits or loss of owe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the trims, other than legal terms, including addition, m or deletiem fmm the quienatim originally ordered m the speci0catios or drawings, by verbal or writers change order. If my such change affects me amount due or the time ofperfmmmtt hercmdu, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wOrion change oNer, terminate this agreement as many or all minuot of me good then not shipped, subjeeno any emitable adjustment M1mwxm the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oar the uncompleted portion of the good soaker work, fro incidental in consequential damages, and Out no such adjsmmt be made in favor of the Seller with respect many Goad which am he Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any Good delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thirty (30) days fmm the date the change is, wanination is ordered. g. COMPLIANCE W ITIJ LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which me goads art subject The Seller shall execute and deliver such documents s may be, required m effect or evidence compliance. NI laws and regulations required to be incorporated in agreements of this character are hereby, incorpomaed herein by this reference. The Seller agrees m indemnify and hold me Purchaser handless fmm all cards, and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, rant or convey this order, or any monies due or to become due hereunder without the Poor wnttrn consent of the other parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, from and dear of my and dl diem, for ictims, rasmatiom, security interest encmnbmnces sad claims ofotbers. The Seller shall relese the Purchaser and its contractors of any her from all liability and claims of any nature resulting from me performance of such work. This release shall apply even in me event of fault of negligence of the party relesM and shall extend to the directors, officers and employees of such party. The Selle(s contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save hamdes the Purchaser from any and at I claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or Jamage which it may be obliged to Pay by mom ofsuch inGungemem as any time during the prearemmit car after me completion of the work. In case said egm,ram" or any pan threat or the immded use of the good, is in such suit held m constitute infringement and the nee of said equipment pr Pan is enjoined, the Seller shall, to its own expcnw and m its option, either procure for me Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but n orminging equipment, or modify it so it becomes noninfringeng 15. INSOLVENCY. If the Seller shall become insol cat or hankmpt, make an assignment for me benefit of credimrs, appoint a or ime for any of the Sellers property or business, this order nay forthwith be canceled by the Puatm hser without liability. 16. GOVERNING LAW. The definitions of le. used or me interpretation ofine agreement and the rights ofall parties hereunder shall be camrued antler and procured by de laws of the Stmc ofColomdo, USA. The following Additional Conditions apply only in where the Sella is to perform work hereunder, ses including the servicesof Sellers Represenutive(s), on thepmmisbs ofothers. 17. SELLERS RESPONSIBILITY. The Seller shill carry on said work at Sellers part risk until me some is fully completed and accepted, and shall, a. se of my accident destruction or injury Ip the work reviler mmerids before Sellers final completion and acceptance, complete the work at Serifs own expense and to me satisfaction of the Purchaser. When materials and equipment are punished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor az though such materials anchor equipment was being famished by me Seller under me order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the Payment of warkem comperrsm m. 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 me work is to be done. The Seller shall calm carry comprehensive governor liability including, but not limited to, contractml and automobile public liability inso men with bodily injury and death limas of at lest S300po0 for my ore person. 5500,00KI for any one accident and Protocol enY damage limit Per accident of 5The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contrators employees shall do any work upon the premises of others, the Seller shall famish the I'mchaer with a ccnificom that such compensation and insurance have been provided. Such cenifcams shall specify the &te when such ompensation and insurance have been provided. Such certificates shall specify the vim when such compensation sad insurance expires. The Seller agrees Out such compensation and imumnce shall be maintained rail caner the entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire resposlbilily and liability far any and all damage. Iona or injury army kind or nature whatsoever to persons or property caused by or mauling from the execution of the work provided for in this purchase order or in carnation herewith. The Seiler will indecauty and hold harmless the Purchaser and my r all of the Ptuchasm officers. agents and employees fmm and against say and all claims, loos, damages, chugs or rxpaues, whether divan or indirect, and whether m persons or property to which me Purchaser, may No of or subjar by outran of any set, ration, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other Proceedings star be brought against the Purchase, or its officers, agents or employees at my time on account or by ream of my sub action, nigher, omission or default of the Seller of my of his consumers; or my of its or their officers, agents or cmph yms as afineand, me Seller hereby agree m assume the defame thersof and to defend the scone at the Sell. own expense, It pay any and all costs, charges, stmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmcedings, and in case judgment or other lien ha placed upon or obtained against me property ofine Pumhmm or said panics in or as a result of such suits or ome, proceedings, Oe Seller will at once arse the sate m be dissobN road discharged by giving bond we otherwise. The Seller read his sommemrs shall take all safety prsamibas, famish and install all guards emossury for the prevention of accidents, comply with all laws and regulations wim regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued parsaant thereto. Revised 01I2014