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HomeMy WebLinkAbout157655 WATTLE & DAUB CONTRACTORS INC - PURCHASE ORDER - 9115240PURCHASE ORDER PO Number Page City, Of9115240 t of 2 ' `t Collinsron his number must appear ` 1 1 all invoices, packing li s and labels. Date: 09/12/2011 Vendor: 157655 WATTLE & DAUB CONTRACTORS INC 102 BEAR HOLLOW RD LAPORT Colorado 80535 Ship 7 OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 09112/2011 I Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Provide labor and equipment 1 LI OT LS 5,540.00 Romero House to restore the exterior adobe finish at the Museo de la Tres Colonias. (AKA: Romero House) Polysand will be used to match existing color and texture but will have a water-resistant condition. 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:970-221f775 Fax:970-221-0707 Email:purchasing@fogov.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 caemptiore. By statute the City of Fort Collins is exempt from state and lad cues. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 946000587 is registered with the Collector of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of damage in Transit may be motored to you for credit and are not to be replwcd except upon receipt of written instructions from the City of Font Collins. Inspection. GOODS am subject To the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon snip performance of the terms and conditions hereof, faihae a delay to exercise any rights a remedies provided herein a by law, faihne m promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder a approval of the design, shall non mlease the Sella of any of the warranties a obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, relpolas of what shipped, received or accepted, as to any prior or subsequent default hereunder, non shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcnmf. Final Acceptance. Receipt of the merchandise, services a equipment in mspome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact bore by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Scher hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments most be F.O.B., City of Fort Collins. 700 Woad St., Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods a sa vices 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 purchase order. bill most accompany invoice. Additional charges fro packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers; have distributing paints in various parts of the country, shipment is If the Pumhaxer 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 Seller, and the Sella thereafter indicates its inability a unwillingness to comply, the Purchaser ship t.c., a are made from grand distance. may cause the work to be performed by the am expeditions means available to it and the Seller shall Pay all court associated with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state. municipality, tannery or political mbdivision where the work is performed, a required by any other duty 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 or established violation of any such laws, regulations, ordinances, rules and requirements. Authonxation. All potties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refanrmcc. Any additional a different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery done m noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached herem. No ads of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate 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 of placing this order elsewhere and holding the Seller liable fro damages. However, the Seller shall non be liable for damages as a result of delays due To causes not reasonably foreseeable which are beyond is reasonable conwl and without is fault of negligence, such acts of Cod ads of civil a military authorities, govemmattal priorities, fires, stokes, Bad, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days 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 wommas 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the puchaser hamdess from any loss, damage or expense which the Purchaser may suffer a incur on seaman of the Sellers breach of warranty. The Sella shall replace, repair a make gad, without cost to the purchuser, my defects a faults arising within ooe (1) year a within such longer period of time as may be prescribed by law a by the temp of any applicable warranty provided by the Seller after the daze of acceptance of the goods famished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect a defective work done or materials furnished by the Seller. Acceptance or Use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Salim liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmmnees but such liability shall in no event include loss of profits a 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications a dmwng, by verbal a written change order. If any such change affecs the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchasd may at any time by written change order, terminate this agreement as to any or all portions of the goods that root shipped, subject to my equitable adjustment between the parties as to arty work a materials then in progress provided that the Purchaser shall not be liable for any claims fro anticipated profits on the uncompleted portion of the goods and/or work, for incidental a consequential Timmons, and that no such adjustment be made in favor of the Seller with respect to my goods which arc the Scllas standard stock. No such termination shall relieve the Purchaser of the Sella of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warmns 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 goods are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this returnee. The Sella agrees to indemnify and hold the Purchaser harmless from all toss and damages mffered by the Purchaser as a result of the Sellers Culurc to comply with such law. 9. ASSIGNMENT. Neithar party shall assign, Tramf, f, or convey this order, a any monies due m To become due hereunder without the prim written consent of the other party. 10. TITLE. The Sella warrens full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performmee of this agreement, free and clear of any and all liens restrictions reservations, security interest enmmbrancens and claims ofothas. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This relmse shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offices and employes of such party. The Seller's 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 the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, potent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such Patented design, device, material or process in contraction with the convect, and shall indemnify the Purchaser fro any cost, expense a damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion 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 infringement and the use of mid equipment or part is enjoined, the Sclid shall, at is own expense and at its option, either pmcum for the Purchaser the right to continue using mid equipment a pans, replace the more with substantially equal but nerinfringing equipment, a modify it m it becomes noninf inging. 15. INSOLVENCY. If the Seller shall become inmlvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order rosy forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftams used a the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and govemed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the more is fully confided and aceepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complem the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload stare 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. 18. INSURANCE. The Seller shall, at his own experee, provide for the payment of workers compensation. including occupational disease benefits, m is employes 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, bon not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30C.000 for my one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before and of the Sellers or his centow as employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after 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 of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officer, agents and employees from and against any and all claims head. damages, charges or expenses, whether direct or indirect, and whether to persom or property to which the Purchaser may be put or subject by mason of any ad, action, neglect, omission or default on the part of the Sella, any of his contractors, or any of the Seller or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, a is officer, agars a employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its a their oRcas. agents a employes as afotemid the Sella hereby agues to assume the defonse thereof and to defend the same at the Sellers own expense, to pay my and all cost, charges, attorneys fees and other expenses any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents a employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid parties in or as a result of such suits or other proceedings the Sella will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Sella and his concordat shall take all safety precautions furnish 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 Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03/2010