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HomeMy WebLinkAbout521758 SUMMIT SEALANTS INC - PURCHASE ORDER - 9145255Fort Collins Date: 09/11/2014 Vendor: 521758 SUMMIT SEALANTS INC 13671 CAREFREE DR MONTROSE CO 81403 PURCHASE ORDER PO Number Page 9145255 1of2 This number must appear on all invoices, packing li s and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 09/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Garage repairs/water proofing 1 LOT LS 104,616.75 .. Civic Center Garage per terms and conditions of bid 7674 and agreement dated august 19, 2014 2 Garage repairs/water proofing 1 LOT LS 20,488.00 Old Town Garage - h1 P14"G' City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Pay terms net 30 days Invoice Address: 104. City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAIIS. Tax ucmption. By statute the City of Fort Collins is rxempr from state end local roes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with Ue Collector of Failure of the Purchaserta insist upon strict performance of the terms and enormous herof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26,1141.). exercise any righm, or remedies provided hcreia or by law, failure to promptly worry the Seller in the event of a bench, the acceptance offer payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specificefions, either, when shipped or due to defects of my of the warranties orobligatiam of this purchase order and shall not be dermed a waiver of my right of the damage in tmnit may be Manuel to you for credit and ace not to he replaced except upon caceipt of rudders Putoheur m insist upon strict performance hacafor my ofits rights in comdics as m my each good, regardless instructions form the City infect Collins. of when shipped coeived or incepted, as to my Prior or instruction default hmrurWes, nor shall my pwpmed oral madifiuron or remission of this pucchue order by the Purehwer operate as a waiver of my of the tams Inspection. GOODS...object to the City of Fan Collins inspection on arrival. hereof. Final Acceptmce. Reccipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhmiud payment on the part of the City of Fort Collins. However, it is a be understood that FINAL Seller and the Purchaser Maguire that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent a,. completion of all applicablerequired inspection procedures, violation are in fact home by the Purchuer. Theretoforefor good came and as muiderero r for exemnng this pureiuse oiler, the Seller hereby usips, to the Purchaser any and all clause it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fort Collins, 7W Wood St., Fort Collins. CO 90522, unless inquired under fdcral as shim antitrust laws far such mandurg. totaling a the particular goads or services oferwise specified on this order. Ifpermissim is given to prepay freight and cheap separately. the original freight purchased or mquird by the Purchases pursuant to Nis purchee odor. bill most accompany invoice. Additional charges for parking will not be incepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacmrers have distnbu0ng points in venous parts of the country, shipment is Ifte Purchaer directs%a Seller to condo cmncoafonning or defective goods by a date to he agreed upon by the expected from the neatest distribution point to destinarm, and excess freight will he deducted from Invoice when Purchwer and the Seller, and the Seller therraRer indicates its inability or unwillingness to comply, the Purchaser shipments arc made from gamer distance. may cause the work to be performed by the most expeditious mean available to it, and flue Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and liana required by all applicable laws, regulation, adinaners and tales of the state, municipality, acrthory or Political subdivision where The Seller shall release the Purchaer and its contractors of any tier farm all liability ad claims of any nature One work is performed, or required] by my other duly nominated public authority having jurisdiction over rue work resulting from the performance ofsuch work. of vairdar. Seller Wh<r agrees m hold the City of Fort Collin harmless from end against all liability sad loss incurred by them by mason clear assened or established violation of eny such laws, regulation, ordinances, tales This release shall apply even in the event of fault of negligence of the party relewed and shall extend to the and aquiremens. diamond. officers and employees of such pony. Authorization. All parties to this contract agree that the representatives art, in fact, bona He and posuss full and omplate authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition. stated herein set Santa and any supplementary or additional tense and conditions annexed hereto or idenrpammd head. by reference. Any additional or different arms and conditions proposed by seller arc objected m and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an yours promised delivery date as noted. Time is of the cornice. Delivery and performance mot be a@ded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchuer including, without limitation, acceptance of portal late deliveries, shall operate as a waiver of Nis provision. In the event ofany delay, Us Purchaser shall have, in addition to other Icgd and cgoitable remedies, the option ofpladng this order elsewhere and holding the Seller liable far damagrs. However, the Seller shall not be liable for damages to a result of delays disc to causes natreammbly foreseeable which arc beyond its reasonable central and without its fault of negligence, such acw of God, act; ofavil or military authorities, governments] pnontiea fees, strikes, God, epidermis, wars or riots provided that notice of the conditions coming such delay is given to the Puorhaur within five (5) days of the time when $a Seller first received knowledge merrof. In the event of any such delay, the date of delivery shall bo extended for the pond equal Or thc time mentally lost by regain offe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples .&at der descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence th accordance with accepted standards for work of a similar name. The Seller agrees to hold the purchaser harmless form any loss, damage or expense wbich the Purchuer may suIT IT,., incur au account of the Sellers breach ofwandnry. The Seller shall mplace, repair or coo us good without cut to the purchaser, my defects or faults adding within ors (1) Year or within such longer peril of time as may be presctibd by law or by thc across of my applicable warrmry provided by the Seller after rise date of acceptance of the goods famished hereunder (maptmm not m be umenmnably delayed), resulting form imprinted or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchuer shall not institute a waiver of any claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liability haemdrr, 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 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 0legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temp, including additions m or deletions form On, quantities originally ordered in be specifications or drawings, by verbal or writers change order. If any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment Shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change made, muninam this agreement as to any in all podieas of the goad then not shipped, subject to any equitable sdjustment between the pmies as to any work or mmdas then in progress provided that the Purchaser shall ram In, liable for my claims for anticipated pmfia tun the uncompleted purron of doe gads anther work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which are the Sellers incurred stack. No such termination shall relieve the Parchwer or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be weeded within tl,1, (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller worrows that all good sold hedu.dct shall have bee. produced, sold, delivered and fmishd in third compliance with all applicable laws and regulations to which the goad sm subject The Seller shall woman, and deliver such documents w may be requited to effect or evidence compliance. All laws and regulation required Or be incorporated in agmeard w alibis character are hereby incorporated hcrrin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by do, Portland as a result of the Sellers failure or comply with such law. 9. ASSIGNMENT. Neither parry shall assigns transfer, or convey this orde, or my monies due or to become due hereunder without the prior wriama mount of the other pally. If TITLE. The Seller window SOL clear and unrestricted title to the Purchaser for all equipment, materals, and items famished in performance of this agreement fire and clear of any and all liens, conditims, reservenons, security interest encumbrances and claims. fathers. The Seller's contractual obligations, including wandnry, shall not be domed to be reduced, in any way, because such work is performed or caused to be performed by the Purchuer. 14. PATENTS. Whenever the Seller is m,mind to use any design, device, material or pme. covered by lens, patent trademark or ropyright, the Seller shall idemaily and save handless the Pumha ar Gam any and at I claims for infringement by memo of the me of such patented design, device, material or process in connection with On commit. and atoll indemnify the Purclo er for any cast, expense or damage which it may h<obliged to pay by reamn ofsuch infringement at any time during the prwecution or after the completion of the work. In cue said equipment, or any pan thereof or the intended we 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 proms for the Purchaser the right to continue using said equipment or parts, replace $e same with substantially equal but namnfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bardmp, make an sssignment for rue benefit of creditors, appoint is reacivor or trustee for any of the Sellers property or brainuv. Ors order may foMwids be canceled by the Pucchwerwithautliability. 16. GOVERNING LAW. The definitions of terms wed or the interpretation ofthe apartment and the rights ofall paniw harrower shall be consisted under and govemad by the laws ofthe State of Colorado, USA. Thc following Additional Condition apply only in uses where the Seller f m porfomn work hereurder, including the smvion ofSelled Repreunwtive(sk an the premises ofothem IT. SELLERS RESPONSIBILITY.. The Seller shall carry not said work at Seller's own risk until the same s illy completed and incepted, and shall, in use of any accident, destruction or injury to thc work and/or materials before Seller" firal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of thc Purchaser. When materials and equipment arc 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 author equipment were being famished by to Seller under the order. 18.INSURANCE The Seller shall, at his own expense, provida for the payment of workers compenntlon, including occupational disease benefits, to its employees employed on or in connection with the word covered by this purchase order, andfr to their dopcndema in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one Orden, $500,000 far any ccident and property dnmega limit per accident of S400,000. The Seller shn0 likewise require his contractors, if any, to provide far such compensation and mandate. Before any of the Sellers or his Contnetod employees shall do any work upon the premises of ofed, the Seller chat finish the Purch err with a cedificara that such compensation and insurance have bran provided. Such canifiwtes shall specify the dale when such ompeneron and insurance have been provided. Such tradition. shall zpai(y the date when such wmpenerian and inumme expires. The Seller ago. Out such compensation and insuance 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, Ins or injury of any kind or nature whatsoever ro persons Or properly caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewilh. The Seller will indemnify sad hold handless lire Purchases and any or all of the Purchasers offer , agents and emplayas from and egaiut my end all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persmss or property to which the Purchaser may be put or subject by reason of any an, action, nodded, omission or defult on the pad of the Seller, any of his inducted. or any of the Sellers or contractors officers, agents or employees. In ors any suit or other porrigalm s shall be brought againsl the Pucchwer, or its oMr.,.germ or amployras at my time m account Or by reason of my act action, neglect, omission or default of the Seller of my of his cantdetors or any of is or their oUcem. agents or employees as aforeuid, the Seller hereby ogees to assume the defense thereof and to defend the same at the Sellers own expense, an pay any and all costs, charges, stromeys fees and other expm ors, my 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 suits or other proceedings, and in case judgment or other lien be placed upon or obmicad against the property .(On Parallaxes, or said Parties in or as is result ofsuch its or other proceedings, the Seller will at race cause the same to be dissolved and exchanged bygiving bond or otherwise. The Seller and his transition shall take all safety poxismon, finish and iwdall all guard necessary for the prevention of acciderds, comply with all laws and relishomw with regal W safety including, but without limitation, the Ocmpatioml Safety and Hathh Act of 1970 and all rules ad regulation issued Focusing thereto. Revised 07n014