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HomeMy WebLinkAbout110987 HIGH COUNTRY POOLS INC - PURCHASE ORDER - 9150730Fort Collins Date: 0210212015 Vendor: 110987 HIGH COUNTRY POOLS INC 6330 S COLLEGE AVE FORT COLLINS CO 80525-4044 PURCHASE ORDER PO Number Page 9150730 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 City Park Pool Base price for gutter removal and replacement. Power wash entire gutter, coat entire gutter with thoroseal waterproofing Pour flatwork on deck Prep work for gutter waterproofing Temporary heat (if required). Per quote dated 1/16/2015. Contact: Nick Jovene Dh# 970-221-6277 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 1 LOT LS 35,285.00 Total $35,285.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 lions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms avd conditons hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973. Chapter 39-26, 114 pd. exercise any rights or remedies provided herein or by law, failure to promptly reality the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goals Rejected. GOODS REIECTED due to failure to meet 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 Seemed to you for credit and are not to be replaced except upon receipt of written purchaser So insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instrations fiver the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default berg nded nor shall any purported oral madificuion or rescission of this purchase order by Nc Purchaser operate as a waiver of any of the tams Inspection. GOODS are subject to the City of Fort Collins mutation on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or aluipment in response to this order can recall in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorixd payment on the pan of the City of Fort Collins. However, it is to b, understood that FINAL Seller and the Purchaser m eognixe that in uctedl a ompractice, overchmex mea ning fmm Sunni ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations art in fuel e by thhaser. e Purc. Theretofore nit for good muse and as mmideration for executing this purchase order, the Seller hereby assigm in the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments most be F.O.B., City of Fan Collins, too Wood St, Fort Collins, CO 90522, unless acquired under federal or smN anrihual laws far such overcharges relating 10 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 ppr urat to this purchase oMer. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where ranulbcwres have distributing points in varimas pans of the country, shipment is Ifthe Parch.,,directs the Seller correct nonconforming or defective goods by a&te to be agreed upon by the expcad from the nearest distribution point 1a dertiwtim, and excess freight will be deducted from Invoice when Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the walk SO be performed by the most expedition means available W n, end the Sella shall pay all costs associated with such work. Penni4,,Seller shall procure at sellers sole case all necessary permits, certificates and licenses required by all applicable laws, regulatims, wdinamcs odd toles of the state, nar icipality, mriamy or political subdivision where the work is pM msd, ur required by any other duly mndimted public madmiry having jurisdiction Over the work of rnder. Seller India agrees to hold the City of Fail Collins hornless farm and against all liability and lass nconad by them by reason of an weerh d or established violation of any such laws, regulations, oNiwnccs, rates and requirements. The Sella shall ml. hie Pmclasn, and its contractors of any on fmm all liabiliry and claims of any mature insulting from the pelf camera, ofsuch work. This release shall apply men in the event of fault of ncgligrntt of the party released and shall extend to the directors, oMS. and employees ofsuch party. Amhorizmion. All parties to this contract agree that the representatives ore, in fact, bona fide and possess full uad The Sellers contractual Obligations, including war only, shall not be deemed to be reduced, in any way, because complete authority to bind said parties, such work is performed or reused to be performed by the Purchase, LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions samel herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by 14. PATENTS. reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rnxemd. Wh,nwer the Seller is r woodto use any design,device, material or process covered by letter, patent, trademark or copyright, the Seller shall imemafy and save hmmleas the Panama fmm any and all claims for infringement 2. DELIVERY. by easoo of the use of such peened design, device, material or process in connection with the coupon, and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify She Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such Promised delivery dare as noted. Time is of the asserce. Delivery and performance most be effected within the time infringement many time during She prescvmtion err after She completion of the work. In rase said Wuipmen , or maid on the purchase older and the ducumenu touched harem. No ace of the Purchasers including, without Stay pan Shari or the intended use of the goods, is in such suit held to mnstime infringement and the rise of limitation, aomptance of partial late deliveriesshall operate as a waiver of this provision. In the event of very delay, said Mumund or Pat is enjoined, the Sella shall, at its own expense and at its option. either procure for the the Purchases shall have, in addition to other legal and available remedies, the option ofplacing this order elsewhere Purchaser the right to continue using and egnipment or pans, erylace the same with subsunsially Waal but and holding the Seller liable for domages. However, the Sella shall not be liable for damages as a result of delays noninGnging equipment, or modify it so it becomes noniafringing, due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, aces of civil or military authorities, governmental priorities, fires, strikes, 0ond, epidemics, wars or 15. INSOLVENCY. rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a time when She Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the extended for She period Wral to the time actually lost by reason of 0te delay. Pumhasa without liability. 3. WARRANTY. The Seller warm. that all good, articles, materiah and work Mound by This order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for She purposes intended, and Performed with the highest degree of cart and competence in scamdance with accepted standards for work of a Similar nvmm. The Sella agrees to hold She puchaser harmless Gom any lass, damage or expense which the Purchaser may suffer or more on account of the Sellers breach of esuromy. The Sella shall replace, repair or make good, without cost to We 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 terns of any applicable wmmnry provided by She Seller after the date of acceptance of the goods famished hereunder (accepunce not to be unreasonably delayed), cauhing from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this woomnty. Except as otherwise provided in this purchase order, She Sellers liability hereunder shall extend to all damages proximately canned by the breach of my of the foregoing warranties or guns ntees, but such liability shall in rat went include lass 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 to legal terms by written change order. 5. Cl IANGES IN COMMERCIAL PERMS. The Purchaser may make any changes So the teats, other than legal lemma, including additions to at deletions four the qua originally ordered in the specor drawings, by vernal o change order. 11' any sudt e change affffiectcts the amount doe or the time oCperfarmanne hereunder, an egniuble adjustment shall be made 6. TERMINATIONS. The Purchase, may at any time by written change older, terminate this agreement as to any or all portions of the goods then nod shipped, subject to any Wuitable ndjnstment bnween the panics as 10 any work or materials then in progress provided West the Purchaser shall not he liable for any claims for anticipated Saudis on the uncompleted Portion of the gods and/or work, for incidental or wmWucntul damages, and West rat such adjustment be made in favor of the Seller with respect to any gulls which are the Sellers sundad stock. No such termination shall Sslicvc She Purchaser or the Seller ofany 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 emannation is ordered. I. COMPLIANCE WITH LAW. The Seller warrants Our all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods me subject The Sella shall execute and deliver such dmuments as maybe Squired to effect or evidence compliance. All laws and regulations rWuiml to be incorporated in agmemene of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold We Furtherer haemleas fmm all costs and damxga suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Order, or any monies due or on become due hereunder without the prior wrinen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to She Purchases for all equipment, manuals, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbeancn and claims of miters. 16. GOVERNING LAW. The definitions Ofterrm used Or the interpretation ofthe agreement and the rights ofall Ifuries, hereunder shall be construed under and governed by She laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where Ne Sella is to perform work hereunder, including the services of Sellers Raprescre dive(s), on the premises of orsers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's awn risk until the sum, is fully campla,d and accepted, and shall, in case of any accident, destruction or injury to the work somVor materials before Seller's final completion aad acceptance, complete the work at Selle's own expense and to the satisfaction of She Purchase. When mmeri ds and ryuipment are furnished by others for installation or action by She Seller, the Seller shall receive, unload, store and handle same at She site and became responsible therefor as though son materials .&a, W.ipmMt were being furnished by the Seller males the Order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with hie work covered by this purchase order, and/or to their deco ndmu in accordance with the laws of the spite in which She work 6 to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imumnce with bodily injury and &sin limits of at least E300,000 for any one Person, J150g0uu for any one accident and progeny damage limit per accident of $400,000. The Seller shall likewise require his if any, m provide for such marpen,aaam and tramnane, Before any of the Seller or his mmranan employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifirate Nat inch compensation and insurence have been provided. Such cenifemes shall specify the date when such compensation and insurance have been provided. Such cenificala shall specify the date when such compensation and insurance expires. The Sella agrees that such mmpewtian anal imueanee shall be arainmhnd until after She Mum work is complaint and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or mature whatsoever to persons or pmpeely caused by or resulting from the execution ofthe work provided for m this purchase order or in connection herewith. The Sella will indemnify and bold harmless the Purchaser and any cr all of the Purtlancrs officers, agents anm d employees fmand against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to pemom 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 Seller, any of his contractors, or any of the Sellers or commeton officers, agents or employees. In eme, any suit or other pecomal shall be brought against the pmchnser, or its officers, agents or employees at any time oa account or by reason of my act, action, neglmt, omission or default of the Sena of My of his contractors or any of its or Neu officers, agents or employees as inforescrad, We Sella hereby agrees to assume She defense thereof and to defend She same at the Sellers awn expense, to pay any oral all costs, charges, altomrys fees and other expenses, My and all judgments that may be incumd by or obtained against the Pmchasa or any of its or their .115., agents or employees in such suits or other proceedings, and in case judgment err mho lien be placed upon err obtained against the propcny of the Purchaser, or said parries id or as is result ofsuch suits or older proceedings, She Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Sake all safety precautions, famish and insSall all guards neressary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Ilmlmfe, the Occupational Safety and licalth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07n0M