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HomeMy WebLinkAbout478807 ABSOLUTE CAULKING & WATERPROOFING - PURCHASE ORDER - 9111257PURCHASE ORDER 911125er Page PO City Of 111257 1 of z `t Collins OI lI n CJ This number must appear ` on all invoices, packing sli s and labels. Date: 03/01/2011 Vendor: 478807 Ship To: OPERATIONS SERVICES ABSOLUTE CAULKING & WATERPROOFING CITY OF FORT COLLINS 11919 1-70 FRONTAGE ROAD #112 300 Laporte Avenue WHEAT RIDGE Colorado 80033 Building B FORT COLLINS Colorado 80521 Delivery Date: 03/01/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Remove existing deck coating 1 LOT LS 16,430.00 at City Hall, shot blast concrete deck and install new sealant per proposal. Repair deteriorated section of existing concrete. Grind down the tripping hazard where the concrete has heaved. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total 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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our E:xcmptim Number is 11. NONWAIVER. 98-04502. Fcdeml Excise Tax Exemption Ccoificate of Registry 84- 000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release The Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification,, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance hcrcofor any of its right or remedies as to any such goods, regardless instruction., from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subscgocm default hereunder, not shall any purported oral modification or rescission of this purchow order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ore subject to the City of Fan Collins inspectinn on arrival. hereof. 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 part of the City of Fort Collins. Fle VENCT. it is to be understood that FINAL Seller and the Purchaser recognize that in aortal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and n11 claims it may now have or herca0cr Freight Terns. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fan Collins CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pcnnrt inn is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchascr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Sclle, and the Seller tlurmo Ocr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all costs i ssecizted with soh work. - Pcrmim. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality. territory or political subdivision where the wark 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted at established violation of any such Imes, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the mpresentatkes arc, in fact. barn ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incoporated herein by rcfcrcncc. Any additional ordifferent term and conditions propesed by wllcr am objected relied hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you eannat make complete shipment to arrive on your promised delivery date as noted. Time is of The essence. Delivery and Performance most be effected within the time stated on the purchase order and the datements attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order chowhere and holding the Seller liable for damages. Ilowever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and wi thoul its fault of negligence. such acts of Find, acts of civil ar military out horitics, governmental priorities. fires, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) dzvs of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order 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 harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by laav Or by the terms ofany applicable warranty provided by the Seller Tiger the date of acceptance of the gads furnished hernmda (acceptance not to be unreasonably dela)ed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiwer ofany claim under this warranty. Except as otherwise provided in this pumhaw order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wamnties or guarantees, but such liability shall in no event 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 make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. 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 ofpttfomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as In any ar all portions of the goods then not shipped, subject to any equitable adjustment betwvcn the panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers smndmd stock. No such termination shall rclicwc the Purchaser or the Seller ofany oftheir obligations as to any good delivered homencla. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ussened within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE; WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such documents 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 rcfcrcncc. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any ninnies clue or to become due hereunder without the prior wTinen consent of the other pan. I Q TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions reservations, security interest encumbrances aad claims ofothers. The Seller shall release the Purchascr and its contractors of any net form 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 the party released and shall extend to the directors, officers and employees ofsuch Troy. The Seller's contractual obligations, including warm. my. shall not be deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or princess covered by letter. patent, trademark or copyright, the Seller shall indemnify and sore harmless the Purchaser form any and ali claims for in fringcmcnt by reason of the use of inch patented design, device, material or process in connection with the contract, and eh all indemnify the Pumhoser for any cost, expense or damage which it may be obliged to pay by reason of such in fringcmcnt at any now during the prosecution or after the corn plei inn of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute in hi ngemau and the use of said equipment or pan is enjoined, the Scllcr shall, at its own expense and at its option, either poraue for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes m ninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tri c for nay of the Sellers property or husiness, this order may forthwith he cnnecled by the Purchoscr without liability. 16. GOVERNING LAW. The definitions of tcmu used er the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the Stoic of Colorado. USA. The following Additional Conditions apply only in enscs where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises of others. 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 ease of any accident, dcamction or injury to the work and/or materials before Scllcrs fired completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchascr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Scllcr shall receive, unload. store and handle some at the site and become respensible therefor as though such materials and/or cquipmcnt were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall. at Ill%own expense, provide for the payment of workers compensation, 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 also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at least S300,000 for any one person, 5500,000 far any one accident and pmperty damage limit per nccidcnt of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a Cel ifieme tout such compensation and insurance hove been provided. Such certificates shall specify the late when such compensation and insurance hove been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until alter the entire 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, loss or injury ofany kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hercvuh. The Seller will indemnify and hold harmlec the Purchaser and any Or all of the Purchasers officers, agents and employees form and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to per¢uns or pmpeny In which the Purchascr may be put or subject by reason of any act, action, neglect emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors olfcco. agents or employees. In ease any slit or other proceedings shall be brought against the Purchase, or its officers. agents or employers at any time on account or by reason of any act. action, neglect, emission or default of the Seller of any of his contractors or any of its or Their officers. agents or employees as aforcwid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys 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 snits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property of the Purchoscr. or said panics in or as a result of such suits or other proceeding,. the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions famish and install all guards necessary for The prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Iicalth Aar of 1970 and all mlcs and regulations issued pursuant thereto. Revised 0312010