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HomeMy WebLinkAbout535768 WOODPRIDE FLOORING - PURCHASE ORDER - 9147189PO PURCHASE ORDER 914718er Page rClty of PURCHASE 47189 t of 2 ' `t Collins/ his number must appear ` v ' 1 on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 535768 WOODPRIDE FLOORING 11856 W BELLEVIEW DR LITTLETON CO 80127 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Club Tico Screen and re -coat wood stage and ballroom floors. reference proposal dated 9/15/14 etsimate for stage & ballroom - screen and coat using two coats waterbased finish - $2,612.40 - install new 1x6 painted white around divider wall, finish with 4" rubber base - $680.00 total = $3,292.40 Contact: Mark Knoll P14 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:pumhasing@fogov.com 3,292.40 Total 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. COMMERCIALDETAILS. Tax <x<mptions. By suture the Ciry of Fon Collins is exempt fur sum aM local sexes. Our Exemption Number is 98-0 503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Interim R., Daiwa Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (m. Goods Rejected. GOODS REIECTED due to failure to meet specifications, either whom shipped or due to deffec s of damage in transit, may he bummed m you for credit ard are not to be replaced except upon rmcipt of women instructions fm to City of Fort Collins, Inspection. GOODS are subject to the City carport Collins inspection on amen. Final Acceptance. Receipt of the merchandise, services or equipment in response in this older can result in awhorored payment an the pan of dre City of Fell Collins. However, it is 10 be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection precedents. Freight Terms. Shipments mast be F.O.B., City of Fort Collins, 700 Wood St., poor Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and chary, separately, the original freight bill must accomponv invoice. Additional charges for working will not be accepted. Shipment Distance. Where manufacturers have distributing points in various puts of me wintry, shipment is expected from the tactical distribution point w destitution, and excess freight will be deducted firm Invoice when shipments are made from greater distance. remains. Seller shall prawe at sellers to cost all necessary permig wrtifientes and live. re,eirm by all applicable laws regulations, ordinances and roles of the sum, municipality, momory or political subdivision where the work is performed, or required by any other duly vocational public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability and loss incurred by them by reason of an asserted or esurblished violation of any such laws, regulations, ordinances, mles requirements. Autlwrimlim. All parties 1t this contract agree that Ne representatives are, in fact, bore fide and possess full as rompltte authoriry to bind said parties. LIMITATION OF TERMS. This Purchase Order caprcst limits acceptance no the leans and conditions stated herein set forth and any supplementary or additional terms and conditions accused hereto or incorporated herein by reference. Any additional in different to. and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou mnot make complete shipment It am, oa your pronnaed delivery date as noted. Time is of the exam. Delivery and performance must be off cted within the time stated on the purchase order as the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall apemen as a waiver ofthis Provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable comedies, Use option rainbows, this order elsewbem and holding the Seller liable for daamges. However, the Seller shall not be liable for damages as a mull of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities fires, strikes, flood, epidemics, wars or riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the rime when the Seller rim received knowledge merwf. In the event of any such delay, Ore dam of delivery shall be extruded for the pw a t equal to the into actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this older will conform with applicable drawings, specificmioa, samplers maps, other descriptions given, will be fit for the purposes intended, and perfrmed with We highest degree of care as competence in accordance with aceepred suudard for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or mpense which the Purchaser may suffer or incur on account of tie Sellers breach of wmmnty. The Seller shall replace, repairer make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the alma truly applicable wartam, Provided by the Seller after the date of we planed of the goods fumuhed hereunder (acceptance rot to be unreasonably delayed), resulting from imperfect or defective walk done or malauds famished by tlu Seller . Acceptance or use of grads by the Panorama shall tat Institute a waiver of any claim under this wamnry. Except as otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of me foregoing wanaon. err guamnew, , but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make chmges to legal to. by written change order,. 5. CHANGES IN COMMERCIAL TERMS. Do, Purchniver may make any change in the laws other Nan legal terms, including additions to or deletions Item no, quantities originally ordered in the s evificanions or drawings, by verbal or writes change older. If any such change d@cts the amount due nr the time of pttfmmanm hercmde, wo equitable mija err ew shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to my or all portions of the goods noon not shipped, subject to my equitable adjudmat between the parties as to any work or =tons]$ then in progress provided that the Purchases shall riot be liable for my claims for anticipated profits m We nnromplewl Portion of the goods andtnr work, for incidental or wm sere ntial damages, and that m such adjusrmeal be made in favor of the Seller with respect to any goads which arc the Sellers standard stock. No such temtiorUon shall aline me Purchases or the Seller ofany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fot adjustment most be reamed within thirty (30) days f the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been purchased, sold, delivered and furnished in strict compliance wild all applicable laws as regulations to which i e good are subject The Sella shall execute as deliver such documents as may be required 0 effect or evidence compliance. AIL laws as regulations required to be n.. swead in i mono ors of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and held the Purchaser harmless fiom all costs and damages suffered by the Purchaser as u resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmmf c, or convey this made, or my monies due or 1. become due hereuaer without the prior written consent of the other party. 10. TITLE. The Seller wamnu full, clear as umalricuN tide an the Purchaser far all equipmmr. male,la6, and it. fumuhed in performance of this agreement, free and clear of my and all Beta, restrictions, resnvations, sestuiry interest encumbrances and claims of others. 11. NONWAIVER. Failure of tire Purchaser to insist upon strict performance of the terms as comments hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller w the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of line warranties or obligations of this morhase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights; or remedies w m any such goods, regardless of whon shipped, received or accepted, as to any prior or subequent default herewder, rob shall my purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mars hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and me Purchaer recognize that in xtual ec is practice, overcharges resulting fur antionat violations are in fact home by 1be Purthastt. Theretofore, for good came and as coneidemtion for executing Was purchase order, We Seller hereby assigns to the Purchaser any and of claims it may now have or hereafter acquired under federal or suite antitrust laws for such overcharges totaling to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to came, nonconforming or defective goods by adate to be agreed upon by We Pumhaser and the Seller, and the Seller them indicates its inability or unwillingness to comply, We Purchaser may cause the work to be performed by the most expeditious means amilable to it, and the Seller shall pay all costs assecumd with such work. The Seller shall release the Purchaser and its contactors of any for from all liability and claims of my ramem ranging from the performance of such work. This release shall apply even in the event of fault of negligence write party released and shall extend to the directors, oRcers and employers ofsuch pare. The Seller's contmctrel obligations, including wvrmty, shall rot be deerned to be natural, in my way, because such work is performed or caused to be unfortnal by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, malmal or process covered by later, patent trademark r copyright, the Seller shall indemnify as save harmless the Purchaser from my and all claims fur infringement by reason of the use of such restated design, device, mzterlal or process in connection with me contract and shall indemnify the Purchutt fur my 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 cam said equipments or any pan therm( or the intended use of the goods, is in such .it held to constitute infringement and the use of mid equipment or pan is rejoined, me Seller shall, at its own expense and at its option, either proeum for the Purchaer the fight an motion, acing said equipment or part, replace the same with smaniacally equal but noninfn'aging equipment, or modify it so it becomes incriminating. 15. INSOLVENCY. If lie Seller shall become insolvent or bod mpt, make an wrigmnem for the benefit of creditors, appoint a or vostee far any of the Sellers property or business, this order may forthwith be canceled by the Premiums witlmut liability. 16. GOVERNING LAW. The definitions worries used or the inteRremtion ofthe agreement and the rights ofall parties hereunder shall be onstmed under and govemad by We laws of the State ofColorade, USA. The following Additional Conddiow apply only in cases whole the Seller u to perform work hereunder, including the services of Sellers Reprexn nive(s), cards, prerroom ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work in Sollefs own risk until the same is fully completed as aucepted, and shall, its rase of any accident, destruction or injury to the work andror materials before Seller's film wmpteion and amepance, complete the work in Seller's own expense and to the satisfaction of the Pomhaser. When materials and equipment we famished by others for installation or erection by me Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such mmedals and/or equipment were being Forward by the Seller under the older. I& INSURANCE The 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, andow to their dependents in accordance with the laws of We suite in which the work is to be done. The Seller shall alga carry wmprehemive general liability including. but not limited to, m oil and aumambile public imam, insurance with bodily wjury as death limits of at Ical 5300,000 for my one person, 5500,000 for my am accident end Furrow, dmge aalimit per accident of SAW,". The Seller shall likewise inquire his contractors, if my. to provide for such compensation as insurance. Before my of the Scllers or his courtroom employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifirmo that such compensation and insurance have been provided Such certificates shall specify the date when such comma ation and insurance have been provided. Such cenificmes shall specify the auto when such component and insurance expires. The Seller agrees Unit such rampnrsation sal insurance shall be maintained until arm 1be aft a work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby avumw the mlim responsibility as liability for any and all damage, lass or injury army kind or nature whatsoever to pnsmss or property causal by or resulting from the execution ofNe work provided( in this —ahwm older w in cmmecton herewith. The Seller will indemnify as hold harmless the purchase, and any r all of the Parchamr, ollicers, agents and employees from and similar my and old claims, lowers, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agrees or employees In case my suit or other pmccedings shall be brought against the Purchaser, m its officers, agents or employees 0 my time on account m by worm of any act, acdoR neglect, omission or default of the Sella of my of his contractors or my of its or Wens officers, agents or employees as aforesaid, the Sella hereby egrets to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, aramsys 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 employers in such suits or other proceedings, and in cox judgment or other lion be placed upon or obtained against thc property of the Purchaser, or said pities in or as a result of such suits or other pmcearrigs, 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 precautions, wash 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 rates as leguminous issued pursuant therero. Revised O7n014