HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9147258Fort Collins
Date: 12/09/2014
Vendor: 473556
FINISHING TOUCH
PO BOX 1303
AULT CO 80610
PURCHASE ORDER
PO Number Page
9147258 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/08/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Invoice #1476 Wellness Center 1 LOT LS 4,100.0000 4,100.00
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.00m
1
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
I. COMMERCIAL DETAILS.
Tax cxcmptions. By stamen the City of Farm Collins is exempt fmm male and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry If-60005g) is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973, Chapter 39-26, 114 (a).
Goads Rejected. GOODS REJECTED due to failure to meet specifcatim s, other what shipped or due In defects of
damage in fomiq may be returned to you for dedit and ate not to a replaced except upon receipt of wrinen
instructions from the City dFan Collins.
Inspection. GOODS are subject to the City of Fort Collins Rotation on aoival.
First[ Acceptance. Receipt of the merchandise, seances or equipment in response to this order ran result in
authorized paymem, on the pan of the Ciry of Fort Collins. Howeva, it is m be urrdcrstood rat FINAL
ACCEPTANCE a depending upon completion of all applicable required inspection pmcedmes.
Freight Terms. Shipments must be TO City of Fart Collins, 900 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the mi,iwl began
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have dishibuting points in various pars of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will a deducted from Invoice when
shipments are made firm greater distance.
Permits. Seller shall procure or sellers sole cos all mcessary permis, eenifcates and licenses .grated by all
applicable laws, regulations, eNiremas and roles of the stare, municipality, territory or political subdivision where
the work is parformM, or required by any other duly amounted public emhoriry harm,jumal coo over the work
of version Seller fuller agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Aulboriardion. All parties to this contract agree that the represenmrives are, in fact, bona fide and possess full and
amplex, authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions, stated
herein set Such and any supplementary or additional kmn and conditions annexed hereto or incorporated herein by
refs,.. Any additional or diRcreal remit and conditions proposed by seller we objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you ..Pat make complete shipment an arrive oa year
promised delivery date w poled. Time is argue rsscnce. Ddway and performance must a effected within du time
smmd on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial Irate deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall Fare, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not Pensio , Poresembfe which are beyond its tenantable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires strikes, flood, epidemics, wars or
fors provided that notice of the conditiom causing such delay is given m the PurchuseT within five (5) days of the
time when the Seller fast received knowledge therm[ In the evew of any such delay, the derto of delivery shall be
emended for the period equal to the time actaWly last by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials arm work covered by this order will conform with applicable
drawings, specifications, samples and/or other deaaiptions given, will be fit for the purposes intruded, and
performed with be highest degree of care and comcetemce in accordance with accepted eorrdards for work of a
similar nature. The Seller al,rera to hold the purchaser, harml. from any lass, damage m expense which the
Purchaser may s ffieror incur on account of the Sellers breach ofwarranry. The Sella shall replace, repalt or make
good, without coal o the pindow , any defers or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the temts of any applicable warmnry provided by the Seller after the date of
acceptance of be goods famished hereunder (acceptance not to a unreasonably delayed), resulting Bob imperfect
or defective work done or materials fomuhM by the Sella. Acceptance or sex of good by the Purchaser shall not
constitute a waiver of any claim maker this war.nty. Except as other mia provided in this purchase oNa, the Sellers
liability hereunder shall extend ro all damages proximately caused by the breach of my of the f going warranties
or Journalists, but such liability shall in no dent include has ofpmOts 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 from by written change order
5. CI IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes o the temp, other than legal terms, including additions In or deletions form
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 ofpM rmance hereunder, an equimble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wnnen change order, terminate this agreement w b any or all pet iars of the
goad then not shipped. subject to any equitable adjustment Wooden the Ponies ss o may work or materials then in
progress Provided that the Pumhasor shall von a liable fen arty claims for anticipated profs on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and Our no such adjustment he made in
favor of the Seller with reopen to any goods which are the Sellers standard mock. No such tamirwlirn shall relieve
the Purchaser or the Seller of any of their obligations w to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for Ambient must be asserted within thirty (30) days firm the data the change a termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warants Out all goad sold heremader shall bad been produced, sold, delivered and banished in strict
complainer with all ap,,publa laws and regulations to which the good we subject, The Seller shall execute and
deliver such documents as may a required to effect or evidence compliance. All laws and regulations required to be
incorporated th agreements of this character are hereby incorporated herein by this reference. The Seller agrees in
indemnify and hold the Purchaser harmless fmm all cosy and damages suffered by the Purchaser as a result of the
Sellers failure as comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, to convey this aide,, or any monies due or to became due hereunder without the
prior women commit of the other party.
10. TITLE.
The Seller wamns PoI1, clam and unresvined fife o the purchaser for all equipment, moseari ils, and it. burnished
in performanre of this agreement, free mM clear of any and all liens, restrictions, reservations, secunry marled,
encumbrances and claims i fothers.
ILNONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. fulme or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the ream of a
breach, the accromea of or payment far funds hereunder m approval ofthe design, shall not release the Seller of
any of the warrunties of obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser o insist upon saner performance berefta any of its rights or remedies m to any such goads, oxInAws
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpored
oral modification or rescission of this purchase order by the Purchaser operate a a waiver of my of the from
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller all the Purehaso recognize that in actual communic pmetid, overcharges resulting fmm antitrust
violations arc in fact boons, by the Pdrhwd. Thernofore, for good some and on mtssideraho r for executing this
pushau Oder, be Seller hereby winds, to the Purrhaser any and all claims it may now have or broader
squired under federal in state amitmst laws far such overcharges .].tang to the particular goods or services
purchased or acquired by the Pumhaur pursuanuo this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to comet nonconforming or defective goods by a date to be agreed upon by the
purchaser and the Seller, and the Seller theater indicates its inability or unwillingness to comply.,he Purchaser
may cause the work as be, performed by the most exile hnio is means available to it, and the Sella shall pay all
rams assomiared with such wore.
The Sella shall rehouse the Purchaser and its contractors of any tier firm all liability end claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers end employees oPsuch party.
The Sellers wrdrmmal obligations, including waaamy, shall not be deemed to be reduced, in any way, because
sock work is performed or caused to be perforated by the Pradved.
14. PATENTS.
Whenever the Sella is Political. use any design, device, material orpmcess covered by lone, patent, trademark
Par copyright, the Seller shall indemnify and save harmless the Pmchasa from any and all claims for infringement
by retain of the use of such pmented design, device, malmal or process in connection with the contract, arW
shall indemnify the Purchaser for any cost, expense a damage which it nay te obliged an pay by cevwn of such
infringement at any time during the proccoution or mer the completion of the work. In case said equipment, or
any part thereof or the intended use of the gam• is in such air held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either promote for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
m ninfringing equipment, or modify it so it becomes immufdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
reserve, m Truster for may of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defninma ofit— tsud cur the braggart of the agreement and the rights ofall paniw hereunder shall be
."oil under and gmemed by the taus ofth, Sate o'Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repr oartutive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in use of any accident, destruction or injury .the work and/or materms before Sellers final completion and
acceptance, complete the work ar Sellers own expense and no the satisfaction of Ile Purchaser. When murmaic
and equipment are famished by others for instillation at aedion by the Seller. the Sella shall receive, unload
sore all handle same rat the site and become responsible therefor, as though such materials and/or equipment
were being furnished by the Seller mrda the oNd.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment o'workers wmpnnmion, 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 the work is to be done. The Seller
shall Plan carry comprehensive general liability including, but not limited to, cantrdchad and automobile public
liability insurance with bodily injury and death limits area least 5300,000 for any one person, S500,000 for any
accident and pmpeny damage limit pt, o,ci&Pr of 5400,000. The Seller shall likewise require his
corrosion, if any, to provide for such compertwtion and insurance. Het= any of Ore Sellers or his contractors
employees shall da coy workupon the premises of others, the Seller sled] furnish the Purelawra with a certificate
Out such compemvatims and iasumare have born provided. Such certificates shall specify the dine when such
mperssaim and i.., have been provided. Such anffird. shall specify the doe when such damewtion
and insurance expires. The Seller agrees that such mmperrsesion and insurance shall a maintained anti[ after the
retire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the anti. responsiol Ity send liability for any and it I domain, loss or irjmry of any kind
or nature whatsoever to persons or property caused by or resulting from the execution o'the work provided for in
this purchase order or in connection herewith. flat Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against my and all daims, losses, damages,
charges or expenses, whether direct or indirrcr, and whether to persons or property to which the Partial may
a pat or subject by reason of any act, action, nrglect, omission or default on the pan of the Sella, any of his
contredors, or any of the Sellers or contractors affcers, agents or employees. In case any suit or roar
pmcealm, shall no brought against to Purchaser, or its affairs, agents or employers ar any doe on account or
by reason of any act, action, neglect, omission or defouh of the Sella of any of his con radow or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay any and all rods, charges, 6tmmeys 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 proadings, and in cox judgment or other him be placed upon or
obtained against the property of the Purchaer, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause Ns, sane to be dissolved and discharged by giving boll or otherwise. The Seller and
his contractors shall Pike all safety precaution, famish all install all guard treasury for the prevention of
accidents, comply with all lows and Pilotho oat with regard to safety including, but without limitation, the
Occupational Safety anal Health Ad of 1970 end all rates and regulations issued paramour thereo.
Revised 07aO14