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HomeMy WebLinkAbout273449 PONDER COMPANY INC - PURCHASE ORDER - 9120686 (2)1i20 PURCHASE ORDER 9—PO er Page City Of 1686 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/14/2012 Vendor: 273449 Ship To: OPERATIONS SERVICES PONDER COMPANY INC CITY OF FORT COLLINS 1545 W TUFTS AVE UNIT B 300 Laporte Avenue ENGLEWOOD Colorado 80110 Building B FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Addendum 1 LOT EA 5,280.00 Per CO - 1 Remove and replace approx. 1350 sq ft of plywood. Replace approx. 2000 sq ft of VerraShield vapor barrier. Total $5,280.00 C3. O✓l�:sQ�L 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tow exemptions. By statute the City of Fad Collins is cxempr farm slate and local (uses. Our Exemption Number is 11. NONWAIVER. 98-IW502. Federal Excise Tax Exemption Certificate of Registry 84-W00587 is registered with the Collector of Failure of the Purchaser to insist upon strict p Normmoee of the temu and conditions hereof. failure or dclnv to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 if exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event M a breach, the acceptance ofor payment for goads hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS RFJECTED due to failure to coed specification, either when shipped or due In defects of any of the wam, ntics 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 wrinen purchaser to insist upon strict perfomancc hemofor any of its rights or remedies as to any such goods, rcpardletw instructions from the City of ran Collins, of when shipped, received or accepted, as in any prior or subsequent default hereunder, Per shall any purported oral modification or rescission of this purchase order by the Purchaser operate as n n'.in cr of any of the won: Inspection. GOODS arc subject to the City of Fort 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 pan of the City of Fort Collins. However, it is to be undetstend that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmenlures, violations are in fact home by the Purchaser. Theretofhrc, 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 herea0cr Freight Terms. Shipments non t be F.O.B., City of Fort Collins, 700 Need St. Fran Cnllins CO 96522. unless acquired under federal or state antitrust laws for such overcharges minting to the particular goods or services othen'ise .specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or aegnired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected farm the nearest distribution point to destrntiom and excess freight will be deducted from Invoice when shipments are made from greater distance. Pemtits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. nedinans es and roles of the state. municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller farther agrees to hold the City of Fan Collins harmless; from and against all liability and loss incurred by them by reason of an acsmed or established violation of any such laws, regulations, onlinances. roles and rcquircmcnh. Anthorizanon. All panics to this contract agree that the representatives are. in fad, been fide and prose.,, fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by idler are objected to and hereby reverted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most he effected within the time stated on the purchase order and the documettts Punched hereto. No nets of the Purchasers including, withned limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsmvhcrc and holding the Seller liable for damages. Howced. the Seller shall not be liable for damages as P result of delays due to causes not reasonably fareseeuble which ate beynnd its reasonable control and without its fault of negligence, .such acts of God, act, ofcivil or military aamntics. governmental prun ics, fires, strikes, Rood, epidemics winter riots provided that notice of the conditions sousing such delay is given to the Purchaser within five (5) days of the time when the Seller first roeciecd knowledge thereof. In the sent of any such delay, the date of delivery shall be extended for the period equal to the time acmelly best by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles materials and work covered by this order will conform with .applicable drawings, spceifieations..samples and/or other description given, will he fit for the purposes intended, and perfomed with the highest degree of care and competence in accordance with accepted standard, for work of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage at expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair at 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 law or by the term of any applicable wamnty provided by the Scllcr nRer the date of acceptance of the good famished hereunder (Pcomumcc not to be unreasonably delayed), resulting farm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcr liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits err loos 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 terms, other than legal meats, including additions to or deletions farm the quantities originally ordered in the specification or drawings. by vedual or written change order. If any such change affects the amount due on the time ofperfommancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temtinate this agreement as to any or all portions of the goods then not shipped, subject to any ciPtimble adjustment between the panics as 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 goods and/err wink, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Scllcr with respect to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser err the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment nerd be assured within thirty (30) days from 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 punished in strict compliance with all applicable laws and regulations to which the goods arc subject. 'rho Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated is agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, to refer. or convey this order, or any monies due or to become due hereunder without the prior a riucn consent ofthe other pant. 10. TITLE. The Scllcr wemnts fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, resen'ations, security interest cneumbmnees and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to earned nonconfoming or defective goods by a date to be agreed upon by olio Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the mark to be perfomw by the most expeditious means available to it, and the Seller shall pay all costs associnted with such work. The Seller shall release the Purchaser and its contractor of ony tier from all liability and claims of any nature resulting from the perfomuanec of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dirccmrs, oBkcr and cmpinyccs Ofumh party. The Scllcrs contractual obligations, including warmnry, shall not be deemed to be reduced, in any was. because such work is Perfommd of caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device material or process covered by letter, patent, truddeml, or copyright, 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 for any cost expense or damage which it may be obliged to pay by reason of such infringement in any time during the prosecution or after the completion of the work. In use 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 equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using slid equipment or pans, replace the ,ante with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent 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 may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW, The detinitians of terms used or the intciprcmtinn ofthe agreement end the rights efn11 panics hereunder shall be construed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply mile in eases where the Seller is to perform work hcrcundcr, including the services of Sellers Representaulds), on the premises of others. 17, SELLERS RESPONS I NI LITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. in case of tiny accident. destruction or injury to the work anther materials before Seller's final completion fail acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive, unhand, store and handle same at the site and by<omc responsible therefor as though such materials and/or equipment were being furnished by the seller under the order. IS. INSURANCE. The Seller shall, in his men 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. anchor to their dependents in accordance with the Inns of the state in which the work is to be done. The Seller shall also carry comprehensive general linbiliry including, but not limited to, contractual and ammrimbie public liability insurance with bodily injury and death limit, of.,, least SMO.Pfall for .any one permn. S500.000 far 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 any of the Sellers or his counnetnrs employees shall do any work open the premises of ethers, the Seller shall famish the Purchaser with a ccnifcate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have born provided. Such certificates shall specify the date when .much rompensminn and insurance expires, The Seller agrees that such compensation and insurance shall he ntoieffined Limit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respensibility' and liability for any and .all damage, loss or injury Oftmy kind or nature ,,h,,tsocver to persons or pmpcnv caused by or resulting from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and an% or all of the Perchascr officers, agents and employees farm and against any and all claims, losses, damages, charges or expenses. whether direct or inclined, and whether to Pets ns or property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of hip contractors, or any of the Sellers or contractors officers, agents err employees. In case any suit or other proceedings shall be brought against the Purchaser, or its of ices. agents or employees at any time on account or by reason of any act action, neglect. omission or defeulr of the Seller of any of his contractors or any of its or their oRccm agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same of the Sellers own expense, to pay any and all costs, charges, auomcys fccs and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser of any of its or their officer, agents m employees in such suits or other proceedings. and in case judgment or other lien he placed upon or obtained against the property ofthc Purchaser, of said panics in or as a result Of Rmh suits or other proceedings, 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, furnish and install all guards necessary for the prevention of accidents, comply with nil lavv:s and regulations with regard to safety including, but without limitation, the Occup flourl Safctyand Health Act of 1970 and all rules and mgulntiaos issued pursuant thereto. Revised 0312010