HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9150229Fort Collins
Date: 01/13/2015
Vendor: 473556
FINISHING TOUCH
PO BOX 1303
AULT CO 80610
PO Number Page
9150229 1of2
This number must appear,
on all invoices, packing
sli sand labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Blanket Order
to cover the cost of miscellaneous carpentry and related
services for fiscal year 2015 per bid #7107. All services
shall be ordered by City Facilities department only.
All completed services must be accompanied by an
invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of aoods and/or services.
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
15,000.00
Total $15,000.00
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. COMMERCIAL DETAILS.
Tax exempliom. By smtum the City of Fort Calling is exempt fmm state and local bases. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenifcme of Registry 84fi000587 is regarded with the Collator of
Internal Revenue, Deans Colorado (Ref. Colorado Revised Socuta 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of wrinen
instructions from me City of Fort Collins.
Inspection. GOODS are subject to the City of Fun Collins inspection on arrival.
Final Acceptance. Receipt of the memhrndise, services or mu ndurd in msponse to this order ca result in
authorized payment on the part of the City of Foil Colllm. However, it is to be understood but FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
pidgin Toro. Shipments now be F.O.B., City of Tom Collins, 900 Wood St, Fan Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay bright and charge sepamely, the original freight
bill must accompany invoice. Additional charges for packingwill not be accepted.
Shipment Distance. Where manufacturers have distributing poinri in various pans of the country, shipment is
expected fmm the nearest distribution paint to destination, and excess freight will be deduced from Invoice when
shipments arc made form greater distance.
Permits. Seller shall Income at sellers sole cost all necessary permits, cenifemms and licenses required by all
applimble laws, regulations, ordinances and rates ofthe slate, municipality, mowry or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurididion over the work
of vendor. Seller mother agrees to hold the City of Fun Collins hvmless Iran and against all liability and loss
incurred by them by reason of m asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Author firmon. All panes to this Warmet agree that to represenutiva are, in back bum ft& and possess full and
complete authority in bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits god,ft e an the to. and c.ndideas surd
herein set foM and any anpplemmrery or additional ram and conditions amexed hereto or inco Aerated herein by
reference. Any additional or different terms and coditiam proposed by seller are objected to and bertby jected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make random shipment no move oa your,
promised delivery time as noted. Time is of the Bence. Delivery and performance most be effected within the time
stated as the purchase order and the dodoodts attached hereto. No no ofthe Purchasers including, without
limitation, acceptance of partial lam deliveries, shall operate a a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order 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 reasonably foreseeable which am beyond its reasonable control and without its fault of negligence,
such acts of(d, acts ofeivil or military commitin, governmental priorities, fires, wakes, Bond, epidemics, wars or
riots provided that notice of rbe conditions owning such delay is given to the Purchasr within five (5) days of the
time when the Seller for received knowledge therdef. In the event of any such delay, the date of delivery shall be
extended for the period equal to she time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warrants deal ell goods, tmicl., materials and work covered by this order will conform with applicable
drawings, spai6catiom, samples and/or other descriptions given, will be fit for the pmposm, 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 harmless from any loss, damage or expense which the
Purchaser may surfer or incur on account of the Sellers breach of wmanty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or fanhs arising within one (1) year or within such longer peril of
time as maybe prescribed by law or by the terror of any applicable warranty provided by the Seller after the date of
ceptwace ofthe goods famished hereunder (mcepmnce not an be unreasonably delayed), resulting fmm imperfect
or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchased shall not
comtimte a waiver of my claim under this warsenry. Except as otherwise provided in this pumhau order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the f going warwn,.es
or gnamntees, but such liability shall in on ,at include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may mate changes to legal corms by wrinen change odor
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal teens, including additions to or deletions from
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 ofTerfomsance hereunder, an equitable adjusaneb shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrten change order, terminate this agreement in w any or all portions of the
goods then not shipped, subject to any equitable adjustment Foremen the parties as to any work or mmenals men in
progress provided mat the Parcbawr shall not be liable for my claims for anticipated profits on the unmmpletd
portion ofthe goods warfare work, for incidental or eomragod ial damages, and that no such adjustment be made in
favor of the Seller with c ppecl an my grads which am the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller army.(their obligmiom as w any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim for djmtment must be ansened wihin thirty (30) days fmm the date the change or rmtinatirn is
ordered.
S. COMPLIANCE WITH LAW.
The Seller waraas mat all goods sold hereunder shall have been produced, sold, delivered and famishd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may, be remained to effect w evidence compliance. All laws and regulations required] to be
ncorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the purchaser harmless from all cents and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such row.
9. ASSIGNMENT.
Neither pony shall assign, member, or convey this order, or my monies due or w become due headwater without the
Prior women commr ofthe orlon parry.
10. TITLE.
The Selid..N full, clear and tamesocmd tide to the Purchaser for ell equipment, materials, and marst fished
in Performance of this agreement flow and clear of any and all liens, resoctlons, reservations, smuoly interest
mcumbrames and claims ofmbers.
11. NONWAIVER.
Failure of the Purchaser w insist upon said performance of the to. and emdown, hereof, failure or delay to
exercise any fights at remedies provided herein or by law, failure an promptly notify the Seller in the event of a
breach, the ardef race ofor payment for gods hereunder or approval of the desim, shall not relcau the Seller of
any of the .,a. or obligations of this p.h. order and shall not be deemed it waiver of any right of the
purchaser to insist upon mict Performance hncofer any of its rights or emedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nar shall any purported
am] wear fcalion or rescission of this purchase order by the Purchases operate as a waiver of any of the terns
header.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchased recognize that in actual wowmic practice, overcommit resulting from antitrust
viulatiom are in fact borne by the Purchaser. Theretofore, for good cause and as ormidemtion for executing this
purchase said, the Suiler hereby assigns to the purchaser any and all claims it may now have or hereafter
acquired undtt federal or sum mtivust lax. for such overcharges relating to the pmimin goods or service
purchased or w,ird by the Purchaser P..t bo this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purbasor directs the Seller to commit nonconforming or defective goods by a date to be agrcd upon by the
Producer and the Seller, and the Seller thereafter indicates its inability or mwlllingness to comply, the Purchase
may cause the work in be performed by the most expeditious means available to it, and the Seller shall Pay all
costs associated] with such work.
The Seller shall release the Purchaser end its contractors of any tiff from all liability and claims of any nature
esrlting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees fsuch poly.
The Sellers dare.] obligations, including wmanty, shall not be deduct to be reduced, in any way, because
such work is performed or rausd in be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, moldal or process covered by lever, prank aademark
or copyright, the Sella shall indemnify ad save brings the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contend, and
shall indemnify the Purchaser for my cask expense or damage which it may be obliged to pay by reason of such
infringement at any time during the foundation or after the completion of the work. In care said milipmmk or
any pan thereof nr the intended use of the grads, is in such suit held to constitute infringement and the use of
said equipment or pan is demand, the Seller shall, at its own expense and at its option, either pro me for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
moninfringing equipment, or modify it so it becomes intimidating,
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, rake wa assigament for the benefit of meadows, appoint a
executed or trmk< for my of the Sellers Property or business, this order may Sobering be dandled by Be
Pmchaer without liability.
16. GOVERNING LAW.
The definitions oftemts tod or the cameraman. ofthe agreement and the rights of all putt. hercuadn shall be
comet cod under and governed by the laws of the State ofColomdo,USA.
The following Additional Conditions apply only in cases where me Solid is to perform work hereunder,
including the services of Seller Representudows), on the premises ofothen.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of my accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work al Sellers own expense and to the mlisfac im ofthe producer. When materials
and equipment am famished by others fro installation or erection by the Seller, me Seller shall receive, unload
rum and handle scone at the site ad became responsible therefor as though such moteods and/or equipment
were being famished by the Seller anodes the order.
18. INSURANCE
The Seller shall, at his own expense, provide for the payment of workers competrsation, including oempational
shadow benefits, to its employees employed on or in connection with the work covered by this purchau order,
read/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also cony comprehensive general liability including, but not limited w, contractual and automobile public
liability insurance —fin bodily injury, and demh limits of at lean $310,010 for my one person. $5dar. for an,
one accident and property damage limit per accident of $400,000, The Seller shall likewise require his
if any, to provide for such compensation and insurance. Before my of the Sellers or his cumrncmr
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided Such «nificates shun specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. no Seller ages Beat such crmpemauon and insurance shall be maintained until after me
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell.Imreby assume me entire responsibility and liability for any ad all damage, loss or injury creep kid
or nature whatsoever to persons or property caused by or insulting from the execution ofthe work provided for in
Nis purchase order war mandoon herewith. The Seller will indemnify and bold Iwrnless the Purehaser ad on,
or all of the Prmhnsed officers, agents and employees fmm and against my wall all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to perom or property to which the Prrchun may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employes. In case any suit or other
proceedings shall be brought against the Purehanm or its officers, agents or employees at any time on account or
by reason ofany act, action, neglect, omission or default ofthe Sella of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same in the Sellers own exprme, to pay any ad all costs, charges, attome s, Per and other expenses,
any and ail judgments for may be incurred by or obtained against the Purchaser or any of its or their m1mms,
agents or employees m such suits or other praeedings, ad in case judgment or other Jim be placed upon or
obtained against the property ofrhe Purehaur, or said parries in or as a moult ofsuch suits or other proceedings,
Bar Selld will at once muse the same an be dissolved ad discharged by giving bud or m1mo its. The Seller ad
his c ameare ors shall rake all safety prtcommus. f ash and moral all guards necessary fro the Prtvevtie- of
accidents, comply wins all laws and regulations with regard to safety including, but without limitation, the
Occupational Surety and Health Ad of 1970 and all roles and regulations issued pursuer, thereto.
Revised 07nOi4