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HomeMy WebLinkAbout432111 ALLIED INSULATION - PURCHASE ORDER - 9111334PURCHASE ORDER PO Number Page Cipt''' of 9111334 of2 .City Collins71 1Thi ' umberr must appear Ion all invoices, packing slips and labels. Date: 03/03/2011 Vendor: 432111 ALLIED INSULATION 6395 BRIGHTON BLVD COMMERCE CITY Colorado 80022 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/03/2011 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price I Shell Repair Project 1 LOT LS 44,200.00 215 North Mason - Utilities Per terms and conditions of agreement dated 3-2-11 2 Construction Services 1 LOT EA 7,550.00 Facilities portion 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 Tota I Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TcrIns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. I. exemptions. By statute the City of Fort Collins is exempt frem state and local tax As. Our Exemptina Number is I L NONWAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mIrimcmd with the Collector Of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to Internal Revenue Denver. Colorado (Rcf Colorado Revised Stamlcs 1973. Chapter 39 26. 114 (n). exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the cvcnl of a breach, the acceptance of or payment for goods hereunder err approval of the deign, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specificatiorw. either when shipped or due to defects of any of the Anomalies or obligations of this purchase order end shall Our 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 wT men purchaser to insist upon strict performance Immefor any of its rights or remedies As to anysuch gmds, regardless instructions from the City of Fort Collins. of when shipped, received at accepted, as in any prior err subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mans Inspection. GOODS arc subject to the City of Fon 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 Fan Collins However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, nvercharges resulting from animist ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, fat good cause and As consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have Or hercafter Freight Tents. Shipments must be F.O.I. City of Feet Collins. 700 Wood St. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods of scmiccs othmvise specified on This order. 117permission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods ben date to be agreed upon by the expected front he nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Scllcr iherenfier indicates its inability or unvi0ingness to comply, the Purchaser shipments are made from greater distance may cause the work to be perfumed by the most expeditious means available to it. And the Scllcr shall pay all rests nssnciated with r,h work. Permits. Scllcr shall procure at sellers sole cost all necessary permits. ecnificztes And licenses required by all applicable Imes, regulations, ordinances and odes of the state, municipality. territory or political subdivision where the work is performed, Or required by any other duly ccnstinced public authority, having jurisdiction Over the work of vendor. Scllcr Rather agrees to hold the City of Fon Collins harmless fmm and against All liability and Ins, incurred by them by reason of an Asserted or established violation of any such laws, regulations, ordinances, talcs and requirements. AethoriAmion. All panics 10 this contract agree that the representatives arc, 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 set forth and any supplementary or additional [cents and Conditions annexed hereto or incorporated herein by reference. Any additional Car difrcrenl term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you Cannot make complete shipment to Arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a Aaiver dithis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacmg, this order elsewhere and holding the Scller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not rcasonably foreseeable which arc beyond its Tmmable control and without its fault ofncgligeneo, such acts of God, acts fcivil or military amhmitics, governmental priorities, fires. strikes, flood, epidemics, sears 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable diawings, specifications, samples and/Or other descriptions given, will be At 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 to hold the purchaser harmless from any ]ass, damage or expense which the Purchaser may suffer or incur an account of the Scllcrs breach of A•ananty. The SCler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the lams of any applimble warranty provided by the Scllcr after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials. furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othenvise provided in this purchase order, the Sellers 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 at 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 Icrm by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or dcletinas from the quantities Originally ordered in the specifications or drawings, by verbal or written change indict. If any such change Affects the Amount due or he time ofperfarmance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. Thc Purchaser may at any time by written change order, terminate this agrecmcnl as to any or all panions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fat anticipamd profits an the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that net such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustmem must be asserted within thirty (30) days from the date the change at termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and Famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulation, required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scller warrants full, clear and unrestricted title to the Pumhaxcr for all equipment materials, and items furnished in performance of this agreement free and clear of any and all liens. restrictions, reservations, security interest encumbances and claims ofothers. The Scllcr shall release the P. rcha,cr and its contactors of any tier front all liability and claims of any nature resulting front the perfommncc of such work. This release shall apply even in the event of fault of negligence of the parry released And shall extend to the directors olneefs And employees of such parry. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is penfommd or caused to be Performed by the Purchaser. 14. PATENTS. Whcncvcr be Scllcr is required to use any design, device. material or process covered by letter. patent. trademark or copyright, the Scller 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 connection with the contact, and shall indemnify he Purchaser for any cost, expense or damage which it may be Obliged to pay by reason of such infringement at any time during the prOsecuficn or after the completion Witte work. In use 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 Scllcr shall, at its com expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, mplacc the same with substantially equal but naninfringing equipment. or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Scllcr 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions eftcmu used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in eases where the Scllcr is to perform work hereunder. including the services of Scllcrs Rcprcsertativc(s), on the premises nfothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scller's own risk until the same is fully completed And accepted, and shall. in ease of any accident destruction at injury to the work and/or materials before Sellcr's final completion and acceptance, complete the work at SCRcr's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by others for installation or erection by the Scllcr. the Scllcr shall receive, unload. store and handle same at the site and become responsible thercfon as though such materials and/or equipment were being furnished by the Scllcr under the order. I R. INSURANCE The Scllcr 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 the work covered by this purchase order, and/err to their dependents in Accordance with the laws of the state in which the work is to be done. The Scllcr shall also Carry comprehensive gencal liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at least S300,000 for Any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofmhers, the Scllcr shall furnish The Purchaser with a certificate that such compensation and insurance have been provided. Such ccr iBCate 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 Scllcr agrees that such compensation and insurance shall be maintained until After the entire wark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind ar nature svhmsncvcr to persons at property caused by or resulting from the cxceutinn of the Amok provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or All of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by roman of any act, action, negleel, omission or default on the pan of the Scllcc any of his contractors, or any of the Sellers or contractors Officers, agents or employees In ease any suit or other proceedings shall be brought against the Purchaser. of its officers, agents or employees at any time On account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees And other expenses, any and all judgments that may be interfered 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 of other lien be placed upon at obtained against the property of the Purchaser, or said panics in or as a result Ofsnch suits or other proceedings. the Scllcr will at once Cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitalion, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant Ihcmto. Revised 03/2010