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HomeMy WebLinkAbout273449 PONDER COMPANY INC - PURCHASE ORDER - 9123703City of Fort Collins Date: 06/27/2012 Vendor: 273449 PONDER COMPANY INC 1545 W TUFTS AVE UNIT B ENGLEWOOD Colorado 80110 PURCHASE ORDER PO Number Page 9123703 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 06/27/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Senior Center Screen and coat the gym floor with one coat of high solids 450 finish. Drum sand the floors in MU rooms #2 and #3. Apply two coats of high solids 450 finish. 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 1 LOT LS Total Invoice Address: 8,180.00 180.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms 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 Exemption Number is I I. NONWAIVF.R. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0100597 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommnce of the terms and conditions hereof, failure or dclav to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sratutcs 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cs cm of a breach, the acceptance efor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mect specifications, 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 rearmed to you fro credit and arc not to be mplaecd except upon mceipt of wriucn purchaser to insist upon strict perfounnnce hercnfor any of its rights on remedies as to any such Sands, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported ant modification or rescission of this purchase order by the Purchaser opcmic as n waiver of any of the terms Inspection. GOODS am 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 understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting form antitrust ACCEPTANCE is dc7sndent upon completion ofall applicable required inspection proecdures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby as. igms to the Purchaser any and all claims it may now have or hereafter Freight Terms, Shipments must be F.O.A., City of Fort Collins, 700 Wood St.. Fort Colliax, CO 80522, unless acquired under federal or state antitrust laws for such Overcharges regaling to the Particular Sands 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 purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where man ifadurcrs have distributing Points in various pans of the country, shipment is expected from the naircst distribution point to destination. and excess freight will be deducted from Invoice when shipments arc made form greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses requited by all applicable laws. regulations, ordinances and mles of the state. municipality, territory or political subdivision what 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 harmless fear and against all liability and loss incurred by them by reason Of an as,crted tor established violation crony such laws, regulations, ordinances, rules and requirements. Authorization. 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 so forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or 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 date as noted. Time is ofthe essence. Delivery and Performance rotor be effected within the time stated can the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofra tial late deliveries, shall Operate as a waiver ofthis provision. In the event crony delay, the Purchaser shall have, in addition to other legal sad equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages However. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably forms, ecehle which arc beyond its reasonable control and withoul its fault ofnegligenee. such acts of Gad. acts ofeicil or wilitnry authorities, governmental priorities fires, strikes Fond, 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 r"swed 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 Orman; that all Saud, 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 standard for work of a similar nature. The Seller agrees to hold The purehaser harmless gram any Inns, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair ar make good, withmu cost to the purchaser, any defects err faults arising within one (1) year m within such longer period of time as maybe prescribed by lawor by the term ofany applicable warranty pmvidcd by the Scllcr after the date of acceptance of the good furnished hereunder (acceptance not lobe unrcasunably delayed), resulting from imperfect or defective work done or materials furnished by The Seller. Acceptance m use of good by the Purchaser shall not crostrutc a waiver ofany claim underthis warranty. Except as otherwise provided in this purchase ordcq the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'nrrentics nr guamnices, but such liabilityshill in can event include loss of profits or lossof use. NO IMPLIED WARRAMY 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 drawin,y, by verbal or written change order. If any such change affects The amount due or the time of perfommanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, rerminatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bctwec r 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 can the uncompleted portion of the goads and/or work, for incidental or cansequcnrial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such mammalian shall relieve the Purchascr ar the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. 9. 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 goads are subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser humlcss from all costs and damages suffered by the Purchaser is a result ofthe Sellers failure to comply wilt 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 wriucn consent of the other party. 10. TITLE. The Seller warrants full, clear aml unre,trieted 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, secunty interest cncumbmnce, and claims ofothem. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective Soda by., date to be agreed upon by the Purchaser and the Scllcr, and the Seller therea le, indicates its inability orgarmillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pry all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims crony nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party rclensc l and shall extend to the directors, officers and employees ofsuch Party. The Sellers contractual obligations, including w'armaty, shall not be deemed to he reduced. in any way, because such work is pafomwd or 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 trademark 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 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 said equipment or pan is enjoined, the Seller shall, at its own expense and at its uplina, either procure for the Purchaser the right to continue using said equipment or parts, replace the same 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 Sel less proporty or business this order may forthwith be canceled by the Pmemsc, withnnt liability. 16. GOVERNING LAW. The definitions ofterms toed or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmcd under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scrs'ices of Sellers Rermsentative(s), on the premises ofathem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and ocutg mmut are famished by mhcm for installation or erection by the Seller. the Sella shall receive, unload. store and handle lime at the site and b000me responsible therefor as though such nmterials and/car equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including necu eitional 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 Ire, 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 ]cast S300,000 for anv one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his comreaofs, 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 certificate that such compensation and insurance have hmn pmvidcd. Such certificates shall specify the date when such compensation and insurance have been Provided. Such senificams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for nny and all damage. loss or injury ofany 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 mad hold harmless the Purchaser and any or all of the Purchasers officers, agent, and employees from and against any and all claims, losses, damages. charges or expenses, w'hcthcr direct or indirect and whether to persona or rmperty ao which the Parchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors o0-mcrs, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cnmployces at any time can account or by reason of any net, 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 and to defend the same at the Sellers own cxpcnse. to pay any and all costs, charge,, 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 officer, . agents or employees in such suits car other proceedings, and in cam judgment or other lien be placed upon or obtained against the pmpeny of the Purchaser. or said panics in or as a result of such snits or other proceedings, the Seller will at once cause the some to be dissolved and dischnfgM by giving bond or othcm sc. The Seller and his contractors ,hall take all safely precaution%, furnish and install all guards necessary for the prevention of accidents. comply with all laws mad regailmions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations is red pursuant thereto. Revised 03/2010