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HomeMy WebLinkAbout548863 MOUNTAIN VALLEY FLOORS INC - PURCHASE ORDER - 9147142Fort Collins Date: 12/05/2014 PURCHASE ORDER Vendor: 548863 MOUNTAIN VALLEY FLOORS INC 530 W EISENHOWER BLVD LOVELAND CO 80537 PO Number Page 9147142 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 12/04/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Carpet in 911 call center Material&Labor per estim #3486 Reference estimate # 3486 dated 10/30/14 Contact: Jared Heveran ph# 970-566-2205 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 19,640.76 Total Pay terms net 30 days Invoice Address: 76 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCHU.DEfAILS. Tax exemptions. By statute the City of Foot Collins is exempt from same eel local taxes. Our Exemption Number is 11. NONWAIVER. 98-00502. Federal Excise Tax Exemption CMificate of Registry M-6000587 is regsdared with the Collector of Failure of the Purchaser to insist upon strict performance of the teems and conditions hereof, failure a delay to Inlcmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). exacise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not at —the Sella of Goods Rejected. GOODS REIECFED due to failure 0 meet spscifetaims, ailher when shipped or due to defects of any of the wemanties or obligations of this purchase reade and shall not be deemed a waiver of my right of the damage in transit, may be rammed to you for credit and ne not to be replaced except upon receipt of written purchaser to insist upon strict perfommec hereof or my of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, heard. Final Acceptance. Receipt of the meahmdiss, services or equipment in response to this order can result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understand that FINAL Seller and the Pombaser wropiae that in actual economic practice, overcharges resulting firm mtimst ACCEPTANCE is dependent upon Is mpldim of all applicable required inspection procedures. dolatiom am in fact home by the Pari mar. Theretofore, for good couc and as consideretion for exerting this pa chme order, the Seller hereby assigns to the Pmehosa my and all claims it may now, have or hereafter Freight Terms. Shipments most be PO.B.. City of Fort Collins, 700 Wood Sr, Foot Collins, CO 80522, unless acquired undo federal or sum anaitrm, laws for such overcharges relating a the particular goods w services otherwise specified m this order. If permission is given to prepay freight ard charge separately, the original freight purchased or acquired by the Pwalower pursuant to this purthau reader. bill most accompany invoice Additional charges for packing will rat be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. What manufactuters have distributing points in various pans of the country, shipment is If the Pumhase directs the Seller to correct nonconforming or de&etive good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater disnnce. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associmed with such work. Permits. Seller shall procure at sellers sole cos, all necessary permits, certificates and licenses almost by all applicable Laws, regulations, ordinances and roles of the slate, municipality, temtory or political subdivision where the work is performed, or mr uindi by any other duly consumer] public authority having jurisdiction over the work of serum. Sellef fuller agrees to hold the City of I. Collins harmless Gom and against all liability and loss incurred by them by reason of an assumed or established violation army such laws, regulations, ordinances, roles and renowo menu. A glarro ,ion. All pries to this contact a,. dal the representatives are, in fact, bow fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptmtt w the terms and conditions stated herein set fond and my supplementary or additional terms and renditions annexed herd. or incorporated heein by reference. Any additional or different terms and conditions proposed by seller arc objected m and hereby Mated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery dale as noted. Time Is office essonee. Delivery and performance rots, be affected within the time sued oa the purchase order and the documents attached herd.. No acts of the Purchasers including, without limitation, acceptance efforts] late deliveries, shall operate as a waiver of this provision. In the went ofany, delay, the Purchaser shall have, in addition to other legal and variable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due,. causes m, reasombl, f able which are beyond its reawmbh, comrol and wlthom its fault ofoagh,avec, such acts of God, acts of civil or military authorities, governments] priondcs, fires, whims, Rood, epidemics, wars or riots provided the, ..a of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller first receivM knowledge thereof. In the event of my such delay, the date of delivery shall h extended for the period tyml to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of ate and competence in accordance with accepted standard for work of a intilar nature. The Sella agrees N hold the purchaser harmless from my loss, damage or expense which the Purchaser may su❑'a or incur on account of the Seller breach of wmuwty. The Seller shall replace, repair or make good, without cost to the putchaxg my defects or faults arising within one (1) year or within such longer period of tine as may be prescribed by law or by the it. of my applicable wamny provided by the Seller after the due of acceptance of the goods fished hereunder (mceprantt not to bo m mmusibty delayed), resulting from impmfeff or defwtive work done or matmals famished by the Sella. Acceptance or we of goad by tad Purchase shall cot constitute a waiver army claim under this ea mnty. Creep, as mJuxwia provided in this purchase order, the Sellers liability hereunder shall extend to all damage pmximmely caused by aha breach of any of the foregoing warmntia or guarantees, but such liability shall in pre event include loss ofprofts or loss of use. 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 written change order. 5. Cl Li NGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal from, including additiom to or deleions from the qu ntiore —finally ortlmN in the specifemiam or drawings, by verbal or written change order. If retry such change affects the amount due or the time of performance hereunder, on equitable adjustment shill be, rude. &TERMINATIONS. The Purchaser may at any dine by women change order, Mama this ii mament as to any or all poniom of the good than rot shipped, subject to my equitable adjtramrl bewttn the partia as to my wort or materials than in progress provided Nat the Puma a shall rent be liable for my claims for anticipated profits an the mtrmpleted portion ofthe goods armor work, for incidental or cunsruemial damages, and that no such Mjnstmmt be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchase or the Sella of my mf their obligations as to any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim far adjmammt must be asnmed within thirty (30) days from the data the change or Mammalian is ordered. 8. 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 send regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be raTuired to effect or evidence applima, All laws and regulations raluiM to be incorpoixted in agreements of this character ere hereby incorporated herein by this mfermce. The Seller agrees to indemnify and hold the Pardoner harmless firm all costs and damages suffered by the Purchase as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or N become due hereunder wiNovt the prior wrimcn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title N the Purchaser for all equipment, maeruds, and items furnished in performance of this agreement, free and clear of my and all liens, mahatma. reservations, seamity marmot Mcumbmnces and chains ofoNcrs. The Seller shall release the Purchaser and its comments of any tia from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the gamy relersed and shall extend to the dimcmrs, omeers and employees ofsuch Wmy. The Scllefs contrecmal obligations, including wamnry, shall not be de coed to he reduced, in any way, because such work is performed or caved to be permeated "a Ptachase. H. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Iemer, patent, mdemak 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 in 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 cute said equipment or any pan thereof or the intended use of the good, is in such suit held to consume infringement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said ruipmrn, or harts, replar, the same with substantially equal but twninGnging Wuipmmt, or modify it so it becomes mmminGnging. 15. INSOLVENCY. If the Sella shall become insolvent en bmkrupt, make an waigmant for the bench of creditors, official a or ."a fro my of the Seller property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNMG LAW. The definitions armors used or the interpreation of the agwemrnl and the rights of all panic heremde shall be wastmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repesenutive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall cart, on said work in Sellcra own risk until the same ls fully completed and ccepm, and shall, in rase of my accident, deswetion or injury to the work mdior materials harbor Sella's Fred completion coal ccep=m, complete the work at Salels own expense and to the satisfadlm of the Purchaser. When materials and ruipmrnt are famished by others for instillation or erection by the Sell., the Sella shall receive, anlead, store Val handle same at the site and became responsible therefor as though such materials anNor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefls, to its employees employed on or in connection with the work covered by this purchase order, Valor to their dependents in accordance with the laws, of the slate is which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death limits of as least 53W,00 for any one Person, ES.. . for any accident and property, damage limit per accident of 5400,000. The Seller shall likewise require his contracams, if any, w provide for such compensation and insurance. Before my of me Sellers or his commemrs employees shall do my work upon the premises of others, the Sella shall famish the Purchases with a eerfifcote dw such -.,—a— and insurance have been pr ided. Such aciffirata shall specify the d,a when such compensation aed insurance have been provided. Such certificates shall specify the dire when such compensation and insurance expires. The Seller agrees dal such mmperssation and insurance shall bo maiotained until after the ratite work is completed and .'erred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss Or injury ofany kind mount whosoever to persons or propem, caused by or insulting from the execution of the work provided for in this purchme order or in connection herewith.'1'he Seller will indemnify and hold harmless the Purchaser and any r all of the Pmchaers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether as Persons ar property to which the Pumbaw, may be put a subject by renown of my sat, ration, neglect, omission or default on the prat of the Sella, my of his contmcur, or any of the Sellers or contractors officers, agents or employes. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at my time on account or by reaon of my act, action, neglect, omission or default of tad Sella of my of his contractors or my of its or their arrears, agents or employees as of said. the Seller hereby agrees to assume elm defense therrf and to defend the same at the Sellers own apeme, to say my and all roar, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchase or my of its or their officers, agents or employees in such suits or order proceedings, and in com judgment or other dim be placed upon m obained against the property ofthe Purchase, or said parties in or as a fault 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 Sella and his contractors shall take all safety fracmtions, famish and install all guards necessary for the prevention of accidents, amply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumt thereto. Revised 07R014