HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9147410Fort Collins
Date: 12/16/2014
Vendor: 473556
FINISHING TOUCH
PO BOX 1303
AULT CO 80610
PURCHASE ORDER
PO Number Page
9147410 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARKING SERVICES
CITY OF FORT COLLINS
215 N MASON, 1ST FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 12/16/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 handicap ramp installation
per WO #CR-05-2014
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 Fart 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
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. COMMERCIALDETAILS.
Tax eaempGom. By statute the City of Fort C011im is exempt from summit local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Carfare of Registry 84-6000587 is registaed with the Collector of
Failure of the Purchaser to insist upon strict perf ante of the rem , and ran litiom hereof, failure or delay to
Internal Revenue, Dens, Colorado (Ref Colorado Revised Statutes 1971, Chapter 39-26,114 (a).
exerokset any rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval office design, shall not releaze the Seller of
Goods RejcMcd, GOODS REJECTED due to failure to man specificonons, either when shipped or due to defects of
any of the war anises or obligations of this purchase order and shall not M dmanial a waiver of any right of me
damage in mouth, may be recmed in you for main and on, not to M renamed except upon receipt of wrinrn
purchaser to insist upon strict perfomtance hereofm any of its rights or remedies as to any such good, regDMless
instructions from the City of Fon Collins.
of when shipped, received or acceptW, m to any prior or subsequent default hereunder, nor shall any puryoaed
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS me subject m the City of Fon Collins inspection on arrival.
hrmof.
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 Fort Collins, However, it is to be understood that FINAL
Seller and the Purdmser recognize that in muml a is practice, overcharges resulting farm anticnst
on ACCEPTANCE is dependent upcompletion of all applicable required inspection procedures.
violations are in fact home by the Purchase, Theretofnrenfor good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafer
Freight Terms. Shipments must be EO.B., City of Too Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services
otherwise specified on this ordm Ifpermission is given to prepay, freight and charge separately, me origiml freight
purchased or acquired by the Pu¢haser pursuant to this purchase order.
bil I most accompany invoice. Additional charges far packing will not be, accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mamUcamers have distributing points in various puts of the country, shipment is
If the Purchaser directs me Sella to correct nonconforming or defective goods by a date to he agreed upon by the
expected firm me nearest distribution point to destination, and excess freight will M deducted drum Invoice when
Purchaser and the Sella, Coal me Seller mereafer indicates its inability or unwillingness to Comply, the Purchaser
shipments are made firm greater disuoee.
may muse the work to M perfCmted by the most expeditious means available to it, Cad the Seller shall gay all
casts assacimed with such work.
Permits. Sella shall procure at sellers sale cart all necessary, permits, certificates and Incomes enquired by all
applicable laws, regulations, odivances and rates of the state, municipality, moidwy or political subdivision where
the work is performed, or Calcined by any other duly combined public authority having jurisdiction over the work
of vendor. Seller further agrees an hold the City of Fail Collins harmleas from and against all liability and loss
incurred by them by reason of an Discard or mubional violation of any such laws, regulations, ordinances, mles
requirements.
Authorization. All parties m this Contract agree that the represemmives ore, in fact, bona fide and possess fall and
o a,lac authority to bind said ponies.
LIMITATION OF TERMS. This Porchase Order expressly limns acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed harm or incorporated herein by
.remain. Any addition.[ or different terms sad conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE. PURCHASING AGENT immediately if you cannot make Complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be emotion] within the time
stated on the purchase order and me documents Couched hereto. No acts of the Purchasers including, without
limitation, mmptauce of pmtial late deliveries, shall operate as a waiver of mis provision In ate event of any delay,
the Patch. shall have, in addition to other legal and expritable remedies, the option ofp1mm, mis order elsewhere
and holding the Seiler liable for damages However, the Seller shall not be liable for damages es a result of ]clays
due in causes not reasonably f able which are beyond its reasonable conunl and without its fault of negligence,
such mrs of Gad, acts of civil or military authraitiet, Sovetnmrnul priorities, fires, strikes, Bond, epidemics, was or
riots provided that notice of me Conditions musing such delay ts given to the Purchaser wild n five (5) days of me
time when the Seller first received knowledge thereof. In the event of any such delay, me date of delivery shall M
extended for the period ryaal to the time morally lost by reason ofdae delay.
3. WARRANTY.
The Seller ownints that all goad, Miklos, materials and work Covered by this oMer will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harm Ws from any lass, damage or expense which the
Purchaser may sulfa or incur on account ofine Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time to may be, prmcribed by law or by me terms of any applicable warranty provided by me Seller after me dote of
.empamce of du goods formatted hereunder (mceptame not to be unreusnably delayed), resulting from imperfect
or defective work done or matmals furwshed by the Seller. Acceptance or use of goods by the Purchaser shall not
analimm a waiver of any Claim under mis wmmnty. Except as otherwise provided in this porchaze order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of my of the foregoing warranties
or gasman es, but such liability shall w no event include loss ofprolbs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumbe er may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchnser miry make any changes to The terms, .,her than legal terns, including additions to or deletion from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change amens the amount due or the time mperformmce hereunder. all equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wrinm change order, terminate this agreement as to my or all portions of the
goods then not shipped, subject to any alma] le adjustment between the parties as to any work or materials the+ in
progress provided that the Purchaser shall nut be liable for any claims for anticipated Profits on the uncompleted
portion of the good eager work, for incidental or mmequemial damages, and ram m such ndjmtment be made in
Favor of the Seller with magao b my good which we the Sellers s andaM stock. No such termination shall relieve
the Purchases or the Sella of my ofmar obligation as to any goad delivered hcremoda.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mom he alerted within mirty (30) days fmm the date me change or ¢ruination U
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants Our all goods sold hereunder shall have Men produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may M required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character Coe hereby incorporated herein by this reference. The Seller agrees to
Indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmnsfeq or Convey this order, or any monies due or to become due Rertmder without the
prior written commit ofthe other party.
10. TITLE.
The Seller warrats full, clear and uummicted fide to the Purchaser for all equipmed, matenaU, dial items fumished
n performance of his agreement five and clear of any oral all liens, mar iaica, ..a., semriry interest
=cumbrances and claims of ohers.
The Seller shall Ml. me Purchaser and its commctors of any an from all liability and claims of any velure
reaching from the performance Crouch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
diremors, officers and employees of such party.
The Sellers mmmental obligations, including warranty, shall not be deemed to IN reduced, in any way, because
.such work Ia performed or caused to be performed by the Purchaser.
14, PATENTS.
Whenever the Sella is required to me any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such pra mod design, device, material or process in cosmmtion with the contract. aM
shall indemnify me P rchasn for any cost, expense or damage which it may M obliged to pay by reason of such
infringement at my time during the prosecution or amer the completion of the work. In cos said muipmem, or
any pan metmf or me intended use of the goods, is in such suit held to Commode infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prmure for the
Purchaser the right to matinee using said equipment or Town. replace the same with substantially equal but
mutinfdging maccount, of modify it s it becomes noninGatiom,
15. INSOLVENCY.
If the Sella shall become insolvent or bankrapt. make an assignment for me benefit of creditors, appoint a
muciver or trustee for any of the Sellers property or business, this order May forthwith amcanaled by the
Forecaster without liability.
16. GOVERNING LAW.
The definitions of Corms used or the interpretation of the agreement and me rights of all Wales hereunder shall be
Consumed under and governed by the laws ofee State ofColomdo, USA.
The following Additional Conditions apply only in taus where the Seller is m perform work hereunder,
including the services of Sellers Representations), on the premises ofomem
19. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until me same is fully completed and accepted, and shall,
in case of any accident, dmtrurhon or injury to the work other crommis before Sellers fical completion and
acceptance, Complete the work at Sellers own expeow and to me ConsGedon of the Purchaser. When materials
Carl equipment are furnished by others for iesullation or erection by she Seller, the Seller shall receive, maked,
store arak handle same at the site and become responsible merefor as though such moterals aMlor a impmmt
were being fished by me Seller maker me order.
18. INSURANCE.
The Seller slant, at his own expense, provide for the payment of workers comp=mtion, including eceupmional
disease benefits, to its employees employed on or in Connection with the work covered by this purchme aide,,
anchor in their dependents in accordance with the laws of the state in which the work is to he done. The Seller
shall also entry, comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for my one perat 8500,000 for my
me accident and property damage limit per occident of $400,000. The Seller shall likewise rmuim his
contracts, if my, to provide for such compensation and insurance. Before my of me Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall fumish the Purchaser with a certificate
that such compensation and insurance have been provided Such Certificates shall specify the des¢ when such
emposation and insurance have been provided Such certificates shall specify the date when such Compact
and insurance expires. The Seller agrees that such compenation and insurance shall be maintained until after the
entire work is completed and aceped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me =tire responsibility and liability for any and all damage, loss or injury army kind
Car natter whmsaever to persons or properly mused by or resulting from the execufson of d+e work provided for H
mis pmchnse order or in mmectim herewith. The Sella will indemnify sail hold branless the Purchaser and any
r all of me Purchasers officers, agents and employees fmm and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect. vaak wheher to persons or property to which Ne Purchaser may
b, put or subject by oureon of my act, action, neglect omission or downs on the part of me Seller any of his
ontractors, ear any of the Sellers or Contractor othmrs, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on recount or
by reason of my act, action, Deficit, omission or default of the Sella of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the detente, thereof and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, momrys fees and other expenses,
any and all judgments mat may be incurred by or obtained against the Purchase or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofine Purchase, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cons the same to be dissolved and discharged by giving bowl or otherwise. The Seller and
his contractors shall take all safety precaution, Furnish and install all guards necessary for the prevention of
accidents, comply wins all Uwe and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulmmo issued pars. thertm.
Revised 07n014