HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9145868Fort Collins
Date: 01/29/2015
Vendor: 473556
FINISHING TOUCH
PO BOX 1303
AULT CO 80610
PURCHASE ORDER
PO Number Page
9145868 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: 10/10/2014 Buyer: DOUG CLAPP
Note: ref. annual contract # 7107
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 City Hall - Kitchen Remodel
Provide labor and materials to
remodel the kitchen area at
City Hall. Per proposal dated 8/20/14.
1 LOT LS
Frame, finish and paint new wall at west side for plumbing and electrical
set new cabinets at west wall and east wall as shown
install new tops. Color to be chosen
install existing stainless steel sink and faucets
Total price: $7,876.00
Contact: Chad Mapp
2 CO# 1 1 LOT
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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
EA
7,876.00
1,557.00
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. COMMERCIALDEfAILS.
Tax exemptions. By serrate the City affair Collins is exempt from store and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of
Inlcond Revenue, Denver, Colorado (Ref Colorado Revised Semmes 1923, Chapter 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifiemious, either when shipped or due to defects of
damage to mamil, may b, returned to you for credit and me not to W replaced except upon receipt of serum
inmudmw from the City of Fort Collins.
Inspection. GOODS me subject to the City of Fun Collier inspection on anival.
II. NONWAIVER.
Failure of fe Purchaser to insist upon strict performance of the terms and cro ditiom hereof, failure or delay to
any rights or remedies provided herein or by law, failme to promptly notify the Seller in the event of a
breach, acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not at deemed a waiver of any right of the
Purchaser to insist upon strict performance Mamfor any of its rights or remedies as to any such good, regardless
of when shipped, received or scccpbx, as to any prim or subsequent default bermnder, nor shill any puryoned
mal medificetian or rescission of this purchase order by she Purchaser operate as a weaver of any of the terra
hereof.
Fimtl Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
anthodsed payment era the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognise that in actml economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for 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 hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquired under federal or stale autorm, laws for such overcharges relating to the particular goods or sm'irm
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Pumhasm pursuant to this purchase ordl
bill mutt accompany invoice. Additional charges for Packing will not M accepted.
Shipment Distance. WMre manufacturers have distributing points in varmus puss of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Immice when
shipments as made fmm greater distance.
Permits. Seller shall procure at sellers sole cost all acres., pennies, certificates and licenses required by all
applicable laws, regulations, ordinances and vales of the suite, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins hanaless from and against all liability and lass
incur d by them by reason of an rimed or established violarion of any such laws, regulations, ordinances, mlcs
and requirements.
Authorivtion. All ponies to this contract agree that the of resanmtive, are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly ],ours acceptance to the it. and conditions stated
herein set forth and any supplemenmry or additional terms and conditions annexed heater ar incorp..led herein by
reference. Any additional in different be. and 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 cssctre. Delivery and performance mast he effected within the lime
stated on fie purchase order and the documents attached harem. No acts of the Producer, including, without
limitation, acceptance or partial Ime delivenes, shall apemen as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option effacing this order elsewhere
and holding the Seller liable for damages. However, the Sella and not be liable for damages as a result of &days
due to causes nor reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such mrs of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or
riots provided that notice of the mnrEtions reusing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the ream of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason offe delay.
3. WARRANTY.
The Seller wamdnrs feet all goods, articles, materials and work covered by this order will mnfosm with applicable
drawings, specifications, samples arrdlor other descriptions given, will be fit for der purposes intended, and
Performed with the highest degree of care and competence in acmNance with accepted ma da and for work of a
similar nature. The Seller agaes to hold rise purchaser hmmless fmm any loss, damage or expeme which the
Purchase may suffer or incu, era scrum of fe Se],. breach of.ty. The Selle, 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 as may be prescribed by law or by the term of may applicable warranty provided by the Seller after the dam of
acceptance of the goads furnished hereunder (acceptance nut to be unreasonably delayed), resulting from imperfect
or defective work done or materials f ;shed by the Seller. Acceptance or use of good by the Purchaser shall not
omlitate, a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller
liability hereunder shall extend to all damages proximately eaused by the breach of my of the foregoing warranties
or guammees, but such liability shall in no event include loss ofprofits or lass of one. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mom by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make nay changes to the mans, other then legal terms, including additions to or dide ioms from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change a@cis fie amount due or the time ofperformam'e hammocks, an equitable adjustment shall be made.
6. TERMfNATIONS.
The Purchaser may at any time by wrimen change ade, lemonade this agreement as ro my or all portions of the
goods then tot shipped, subject to any equitable adjustment between the patties ses 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
portion of the good and/or work, for incidental or consequential damages and that no such adjustment be made in
favor of the Seller with respect to angoods which arc the Sellers standard slack. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be resened within thirty (30) days farm the dare fie change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold heremdes shall have been 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 be required to effrd ar evidence compliance. All laws and regulations required to be
rempommd N agreements of this charade, are hereby incorporated herein by this aferener. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all cask and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry shall assign, vamfers or com'ey this order, or any monies due or a become due hereunder without the
prior written consent ofthe other pray.
10. TITLE.
The Seller warrants full, clear and tuuesaicted Lille m the Purchaser far all equipment, materials, and items furnished
in permrmance of this agreement, flee and dear of any and all hem, restrictions, reservations, security interest
crcumbmances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If rate Purchaser directs the Seller to carrier nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller ihermnef indicators its imbility or unwillingness to merely, the Purchaser
may cause the work to M Performed by the most expeditious meant available to it, and the Seller shall pay all
casts apawimed with such work.
qhe Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nmme
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers aM employees of such party.
The Sellers ront..I obligations, including easearrry, shall not he lamed on be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
co,yn,hl, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any cost, expense or damage which it may In obliged Ir pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said component, or
any pan ferbef or fie intended use of fie giveli, is in such said held to constitute infringement and the use of
said compmet or pan is enjoined, the Sella shall, al its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes noninGnging.
15ANSOLVENCY.
If the Seller shall become insolvent or bankmph make an assignment for the benefit of creditors, appoint o
receiver or trustee for any of the Sellers property or business, this aide, may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions orients used or the immpretation offer agreement aM the rights of all patties Maunder shall be
ombmed maker and governed by the laws of fa Same ofColomdo, USA.
The following Additional Conditions apply only in woes where the Seller is to Perform work hereunder,
including the services of Sellers Repreaenmtive(s), on the premises offers.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said work a Sellers own risk until the same is fully completed and accepted, and shall,
in u of any accident, destruction ar injury to the work andlor materials before Sellers final completion and
acceptance, complete the work at Sellers own expo me arW to the satisfaction of the Franchiser. When materials
and equipmmr sec famished by others fir immllxtion ova erection by fie Seller, fie Sella shall receive, unload,
sore and handle same at the site and become responsible ferefor as though such mueriah andfr equipment
were being f ;shed by the Seller order the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational
disease benefits, to its employees employed era or in connection with the work covered by this purchase order,
ranks, no fair dependents in accordance with the lows of the state in which the work is to be done. The Seller
shall also carry comprehensive gereel liability including, bat not limited to. contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for my
com accident and property, damage limit per accident of S400,000. The Seller shall likewise require his
commnors, ifany, to provide for such compensation and insurance. Before my affirm Sellers or his contractors
employees shall that my work upon the premises of ofers, the Sella shall famish the Purchaser with a anifiwte
that such compensation and insurance have been provided Such certificates shall specify fie date when such
wmpensalion and insurance have bran provided. Such ecnificmes shall specify the dale when such compensation
and immence expires. The Seller agrees that such compensation and insurance shall be maintained until after the
more work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, I— or injury artery kind
or nature whaearmur to person or property Gamed by or resulting form the execution of the work provided for in
this purchase order or in connection herewith. The Seiler will indemnify and hold handeas fie Purcbasct and my
or all of the Purchasers oRcers, agents read employees f and against my and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
M put or metes. by reawn of any tot, action, neglmt, omission or default era fie pan of fie Sella, my of his
contmcurn, or any of fie Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, err its officers, agents or employees at any time on account or
by reason of any act, eaten, neglect, omission ar default of the Seller of any of his contractors or any of its or
their officers, agents or cmploy,,a as aforesaid the Seller hereby agrees to assume the defense thereof and to
defend the some at the Sellers own extreme, to pay any and all casts, charge, attorneys fires and other expectorate,
my and all judgments that may to incurred by or obtained against fie Purchaser at any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against the property of the Purchaser, or said p rtim in or as a result of such suits or ofer pres,sadings.
the Seller will at once muse the same a M dissolved and discha b] by giving band or fereviu. The Seller and
his conhactors shall take all safety precautions, Month and install all goads nmrssary fen the prevention of
sweaters, comply with all laws and regulations what regard m safety including, but without limitation, the
Occupational Safety mul Health Act of 1970 and all toles and regulations issued pursuant thereto.
Revised 07/2014