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HomeMy WebLinkAbout478807 ABSOLUTE CAULKING & WATERPROOFING - PURCHASE ORDER - 9111906PURCHASE ORDER PO Number Page City Of 9111906 1 of z `t Collinshis number must appear 1 1�7 on all invoices, packing slips and labels. Date: 04/06/2011 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: 04/06/2011 Buyer: JAMES HUME Note: / Line Description Quantity UOM Unit Price Extended Ordered Price Repair/Install Water Repellant 1 ! LOT/ LS 3,650.00 Trash Enclosure -City Hall z Repair/Install Water Repellant / 1 LOT LS 4,560.00 Generator Enclosure -City Hall ; / Total $8,210.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smNte the City of Fort Collins is exempt from state and local taxes Our Exemption Number is I L NONWAIV ER. 98-6,1502. Federal Excise Tax Exemption Cenificate of Registry 84-61N10587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tame, and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (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 payment for goods hereunder or approval ofthe design, shall not release the Sella of Gordy Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the seamntim or obligations of this purchase order and shall not be doemed a waiver ofany right of the damage in transit, may be returned to you for credit and are Out to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any of its rights or remedies as to any such grads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purposed oral modification or rescission of this parehase order by the Purchaser operate as a waiver ofany of the tones Inspection. GOODS arc subject to the City of Fos Collins inspection 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 pas of the City of Fos Collins. Hmvever. it is to be understood that FINAL Seller and the Purchaser recognize that in natural economic practice, overcharges resulting from mlin-asi ACCEPTANCE is dependent upon completion ofall applicable required 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 -new have or hereafter Freight Terms. Shipments must be F.O.B., City of Fos Collins, 700 Wood St.. Fos Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this giamhaw 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 puts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller therealua indicates its inability or umcillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs asseciated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses requited by all applicable Taus, regulations, ordinances and miss of the state, 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 Fort Collins hamlms form and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations. ordimmcvs. mlcs and requirements. Authorintion. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional mmis and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pupposed by sellerarc 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 must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall Opcnic as a waiver of this provision. In the event ofany delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order, dwwhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to cauws not reasonably foreseeable which are beyond it, reasonable control and without it, fault of negligence, such acts of God, nets ofeivil or military authorities. governmental priorities, fires, strikes, food, epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller Best received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal Indic time actually Jost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confomt with applicable drawings, specifications, samples and/or other descriptions given, will be Po for the purposes intended, and perfomed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the Penh.., 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 (I) year or within such longer period of time as may be prcseribed by law or by the terms of any applicable wamnty pmvidcd by the Seller after the date Of acceptance of the grads furnished hacunda (acceptance not to be unreasonably delayed), resulting fmm imperfect or defectivc work done a material., furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as Otherwise provided in this purchase order. the Sellcm liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamantics 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. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the gems, other Than legal terms, including additions to or deletions from the quantities Originally ardem l in the specifications or drawings, by verbal or written change order. If any ,rash change affects the amount due or the time ofperformanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good than not shipped, subject to any equitable adjustment bebeen the panics as to any work or materials then in progress pmvidcd that the Pumhawr 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 Sella with respect to any goods which arc the Sellers standard stock. No such tcmtination shall relieve the Purchaser or the Seller of env of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or tcmtination is ordered. R. COMPLIANCE WITH LAW. The Seller warnings that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc 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 incerinntad in agreements of this character an hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harndess from all costs and damages suffered by the Purchaser as a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consentofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbmaces and claims of others. The Seller shall release the Purchaser and its contactors of any tier fmm all liability and claims ofany nature resulting 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, nfieers and employees of such posy. The Seller's contracting obligations, including wamnty, shall not be deemed to be Leducal, in any way, becmrse etch work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark Or copyright, the Scllcr shall indemnify and save harmless the Purchawr 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 for any cast, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said egnipment or pan is enjoined. the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to eominue using slid equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall been., insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers psrpay or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation ofihc agreement and the rights ofall panics herm.dcr shall be construed under and governed by the laws ofthe State of Colordo, USA. The follmving Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprewntativc(s), on the premises of mhos. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said stork at Sellers own risk until the same is filly completed and accepted, and shall, in caw of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmaiags and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the Order. 19, INSURANCE. The Seller shall, at his own expense, pmvide 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 Imes 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 instnane, with bodily in)ury rand death limits of at least 5300.000 for any one person. 5500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors cmpgoyccs shall do any work else. the premises ofmhers, the Seller shall famish the Purchaser with a anifierm that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such ecrtificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afar the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as umes 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 nsu lting fmm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchascr and any or all of the Purchasers offecm. agents and employces from and against any and all claims, losses. damages. charges or expenses. whether direct or indirect and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officas. agents or employees In case any suit or other proceedings shall be brought against the Purchase Or its oRecns, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof unit to defend the same at the Sellers own expense, to pay any and all costs, charges, rimmeys fees and Other expenses, any and all judgments that may be incurred by or Obtained against the Purchascr Or any of its or their officers, agent or employees in such sails or Other proccalings, and in case judgment or other her he placed ulmn or obtained against the property of the Purchascr, or said panics in or as a mselt of such suits or other proceedings. the Seller will it once cause the same to be dissolved and discharged by giving bond or olhcrwisc. The Scllcr and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revtwd 0312010