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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9147459City of Fort Collins Date: 1211812014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9147459 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/1712014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Security Assessment Provide all necessary labor and materials to provide contracting services for work per proposal dated 12/11/14. Contact: Ethan C. Dh# 970-221-627' 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 Total Pay terms net 30 days Invoice Address: 29,771.63 771.63 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By whom the City of Fan Collins is exempt from stare and land taxes. Our Exemption Number is It NON WAIVER. 98{ 502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of Failure of the Purchaser to insist upon short Performance ofthe terms and conditions hareor. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Mamma 1973, Chapter 39-26, 1 Us (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor prymeat fro goods hereunder or approval orthe design shall rat release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any ofthe warranties or obligations ofthis purchase Omer and shall not be deemed a waiver of any right of the damage in trout, may be rtumed to you for credit and art not in be replaced except upon receipt of written Pumhaer to insist upon stud performance hera for any of its rights or remedies m in any such good, regardless instructions f the Ciry of FOR Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pwported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tame Inspection. GOODS arc subject to the City ofFort Collins inspection w attival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this aide, can cull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anrhonxed payment on the pan of the City of Fort Collins. However, it is to be understand that, FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon exmplelion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore afar good cause and es consideration for execudng this purchase order, the Seller hereby assigns to the Purchase( any and all claims it may now have or hereafter Freight Terms. Shipments most be EO.R., City of Fan Collins, 700 Wood Sr, Fan Collins, CO 80522, unless otherwise specified on this Omer. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing Mints in vadom pans of the country, shipment a expo cled from the nearest distribution point to detimtion, and excess freight will be deducted from Invoice when shipments are made form greener distatrce. acquired under federal in stare antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursoanl to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or anwilliogoessm comply, the Purchaser may cram the work to be, performed by the most expeditious means available to it, and the Seller shall pay all costs assacimed with such work. Permits. Seller shall private at sellers sole cost all recesmry permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the sure, municipality, thantory or political subdivision where the work is performed, or required by any the, duly cottstimted public authority havingjurisdiction over the work of vendor. Seller flutter agrees to bold the City of I. Collins harmless Tram and against all liability and loss vcund by them by reason of an asserted or established violation of any such laws, regulations, madmarrca, roles and fis,j amens. Authorization. All panics to this contract agree that be m,resen inces are, in fact, bona fide and possess fill and complete authanty to bind said parries. LIMITATION OF TERMS. This Purchae Order expressly limits acceptance to the terms and condititeos stated herein aer Toed and any supplementary or additional farm and conditiom annexed hereto in incorporated herein by reference. Any adi irional or diRertnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to arrive on your Promised delivery data m noted. Time is of the essence. Delivery and of ncrame, muss be effected within the time sited im the pficfe Omer and The davments atuched hereto. No acts of the Purchnmrs including, without hima ion, acceptance ofpsnial late deliveries, shall cut as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and mluimble remedies, the option of placing this omer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not nationality foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military nuthorities, govemmental priorities, fins, wares, Rood, epidemics, wars or non provided that notice of the condition causing such delay is given to the purchaser within five (5) days of fire time when the Seller first reserved knowledge thereof In the event of any such delay, the date of delivery shall b, extended for the period equal to the time actually lost by reason of fire delay. 3. WARRANTY. The Seller warranrs that all goad, articles, materials and work covered by this order will conform with applicable drawings, swcificamme, mmples ari other descriptions, given, will he Fit for the purposes intended, and pert ed with the highest degree of care and competence Or accordance with accepted standard fro work of is similar nature. The Seller agrees to hold the purchaser bmmles fiom my Ions, damage or expense which the Purchaser may rra y suffer or incur on account of the Sellers breach of warranty. no Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the tense of any applicable warranty provided by the Seiler after the date of acceptance of the goads flunished hereunder (acceptanxx not b Im, umrnmmbly delayed), resulting from imperfect cr defective work done or materials famished by the Seller. Acceptance m use of goads by Be, Rerchaner shall not comtitum a waiver of any claim miler this warranty. Except in orheruise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately camad by the breach of any of the foregoing wi tmnties or gum rka,,, but such liability shall in au event include loss afpmfim or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4.CHANGESINLEGALTERMS. The Rnrchastt may make changes to legal teens, by whom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chan6oa to the temrs, sober than legal w—, ineludir, additions m or deletions from the qurtnides originally ordered in the specifications or drewings, by verbal or women change order. If any such change offices, the amount due or the time ofMrformaoce hereunder. an cquimble adjustment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods Then not shipped, subject to any equitable adjustment between the panics w to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,onion ofthe good and/or work, for incidental or comequrntial damages, and that no such adjustment be made in Favor of the Seller with rezpecr to any good which are the Sellers standard stock. No such termimdon shall thieve the Purchaser or the Seller of any oftheir obligations as to any good delivered account 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b, osscned within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and furnished in aria compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such docommts as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify mid field the Purchaser harmless from all casts and damage suffered by the Purchaser ses is result of the Sellers failare to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Imnffe, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. lo. TITLE. The Seller warrants full, clear and umestrined title to the Purchaser for all equipmenC materals, and items fished n pe bomance of this agreement, free and clear of any and all liens, restrictions, reservations, savory interest encumbrances wed claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of fire party mlcased and shall extend to the direnon. officers and employees ofsuch party. The Sellers 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 fire Purchaser. 14. PATENTS. Whenever the Seller is residual to use any design, device, material m process covered by Icmer, Itmem, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringemem by reason of the use of such patented design, device, material or process in connection with the contract, end shall indemnify the Purchrser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after fire completion of the work. In caw said equipment, or any pan thereof or the intended use of the good, is in such suit held to comtimre infringemem and the me of said altryment or pan is enjoined, the Sella shall, at its own expense arm at its option, either foreure for the Purchaser the fight to continue using said equipment or pros, replace the ems, with substantially eland but comminuting Ornament, or modify it so it becomes nomufdnging. 15ANSOLVENCY. If the Seller shall become Insolvent or bmtkmpt, rake w assignment for the benefit of creditors, appoint a recess, or mostee fro my of the Sellers pmpeny m business, this Ommbe ea Omer easy forthwith nttled by the Prchamr owithout liability. 16. GOVERNING LAW. The definitions of terms used ter fire interprmabon ofthe agreement and fire rights of all parties hereunder shall be conswed under and governed by the laws ofthe Stare ofColoado, USA. The following Additional Conditions apply only in cams where the Seller is or perform work hereunder, including the services of Sellers liepresenmtive(s), on fire premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Scllcrs own risk tmfil the same is fully completed arm accepted, and shall, in case of any accidenk destrucfim or injury in the work minister materials before Sellers furl completion and acceptance, complete the work at Sellers own expense and no the somf ctwer of the Purchaser. When mafenals and cginiporm are famished by others far installation or nremion by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such minerals and/or equipment were being famished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide fro the payment of workers mmpemnnoo, including occuwtional disease benefie, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in waossdance with fire laws of the state in which the work is to be done. The Seller shall also -ir, aomptehensive 0aneml liability Including, but not limped to, conrosa wil and nummubitc pnblle liability insurance wish l ahly injury end death limits oral least STX%000 for any one person, S500,000 for my accident sued property damage limit per accident of g400,000. The Seller shall likewise require his contractor, if my, in provide for such cumpismation and insurance. Before my of the Sellers or his commission employees shall do any work upon the premiss urethan, the Seller stall Barash One Pontoon with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such omprismion and insurance have been provided. Such cenir—ons shell specify the date when such compeminimt wed insurance expires. The Seller agrees thin such compensation and insurance shall be mainminM until after the entire work a completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sailer hereby co mes the entire responsibility and liability for any and all damage, loss Or injury of any kind or nature wbmscever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. ]be Seller will indemtdfy and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employes from and against any and all claims, losses, damages, charges in cxMcs,es, whether direct or indirect, and whmher in persons or Property to which the purchaser may be put or subject by reason of any act, action, neglect, omission m default on no pan of ate Seller, my of his contractors, or any of the Sellers or contractors officers, agents ter employees. M we any suit or other pro¢edinga shall be brought agmoul the Purchaser, in its oMo., agents or employees at any time no acrount or by reason of any act, action, neglect, omission Or default of the Seller of any of his contractors or any of its or they officers, agarm or employees as aforesaid, the Seller hereby agree, m assume the defame thereof and to defend the more at the Sellers own expense, to pay any and all cons, charge, aoonteys fees and other expenses, my and all judgmens that may be incurred by or obtained against the Purchaser or my of its m thew officers, agents or employees in such suits or other proceedings, and in case judgment Or other lien h placed upon or obtained against the property of the Purchase, or said parties; in or as a result of such suns an other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake all safety precautions, f ah and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupadowl Safety aM Health Act of 1970 and all role and regulations issued pursuant thereto. Revised 012014