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HomeMy WebLinkAbout432047 ALL PHASE RESTORATION - PURCHASE ORDER - 9142543City of F„6rt Collins Date: 05/07/2014 Vendor: 432047 ALL PHASE RESTORATION 7355 GREENRIDGE RD UNIT C WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9142543 10f2 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: 05/06/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Repairs - Museum of Discovery 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 5,684.25 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfAILS. Tax exemptions. By stawte the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWA WER. 98-04502. Federal Excise Tax Exemption Crtificate of Registry 84-6010587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref Colorado Revised Satmu 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hercundd or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure co meet speiiations, either when shipped or due as defeat of any of the warranties or obligations of this purchase order and shall teat be deemed a waiver of any right of me damage in =mil, may be resumed sat you for credit and are Out to be replaced except upon receipt of women Purchaser to maim upon stria performmme hereof., any of its rights or mnedies as to any such goods, mundless instructions f the City of Fort Collins. of whm shipped, received or accepted, a to any prior or subsequent default harder, Our shall any purported oral modifiauon or rescission of Nis parrhase order by the Purchaser operate as a waiver of any of elm tams Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response m this under can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. unframed payment on the port of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual a moulting is practice, overcharges from trm antit ACCEPTANCE is dependent upon complaion.fall applicable acquired inspection procedures. violations are in fact home by the Purchaer. Themtorme,nfotr good cause and as consideration for executing this patches, order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hadifter Freight Terms. Shipments most be F.O.H., City of Fort Collins, ]W Wood St., For Collins, CO 80522, =less otherwise specified an this ode,. If permission is given m prepay freight and charge sommamly, the origial freight bill mar accompany invoice. Additional charges for lucking will not be acemody Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expelled from the menu, distribution point m destination, and excess freight will Its deducla[ from Invoice when shipments are made from greater distance. Pemrir5. Seller shall percme m sellers sale cent all necessary permits, certificate and Im. required by all applicable laws, regulations, oNwance and roles of the sate, municipality, remmry or political subdivision where the work it performed, or required by any other duly concluded public amhanry having jurisdiction Over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss nderred by them by reason of an asserted or established violation of any such law, regulations, ordinance, roles requiremears. Authorization. All parties to this contract agree that me representative are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptmtt 1. me terms and conditions sated herein set forth and any supplementary or additional terms and conditions a=exed hereto or incoryoated herein by reference. Any additional or i ilTerent man and conditions proposed by wild are objected to and hereby rented. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment m amve on your prontlsed delivery date as noted, rime is ol'the essence. Delivery and performance must be cmded within the time stated oa Ne purchase order and the documents attached hereto. No acts of the Paahoers including, without heritaran, acceptance officinal late deliveries, shall operate m a waive, of Nis provision. In the event of any delay, me Purchawr shall have, in addition to other legal and equiable remedies, the option of placing this order elsewhere and holding the Serer liable for damages. However, the Seller shall rent be liable fen damage as a .1, of decoys due to canvas not mwwmably foreseeable which are beyond its reasonable canhol and Warner its fault ofnegligence, such acts of God, acts ofeivil or military authorities, governmental prionties,Jones, strikes, Rood, epidemics, wan 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 thereat In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Sellef waranty W, all goods, i nicles, msmdals and work covered by Nis order will coof.. wind applicable drawings, specification, ample md/or oNer desecnpuom given, will be fit for the plmoses intended, and performed wind the highest degree of care and compy came in accordance with accepted standards for work of a similar nature. The Sella agrees m hold the Purolator banmless from any loss, damage or expense which the Purchmcr may sufferer incur on account ofthe Sellers breach of waranty. The Sella shall replace, repair or make good, without cost m the purchaser, any defects nr fact. arising within one (1) yea, or within such longer period of time as army be prescribed by law or by the coma of any applicable warranty provided by the Seller after the data of acceptance of the good famished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work done or materials fnnisaW by the Seiler. Acceptance or use of goods by the Purchaser shall not commerce a waiver ofmy claim =dd this warmnty. Except to oferwise provided in this purchaw cola, rise Sella liability hareunda shall extend to all damages proximately caused by the breach of any of the foregoing woman .es or guarantees, but such liability shall in an event include loss ofproGcs or Ims of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes to legal rams by written change order S. CHANGES IN COMMERCD\L TERMS. The Purchaser may make any changes to the mrm, other than legal moms, including additions to or deldmna from the gtartitie originally ordeal f me s,adifiere ons or dnwion s, by venal or —a- manage cold. If any such change offer,¢ the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at tiny time by woman change order, terminate this agreement as to any or all portions of the goals then not shipped, subject to any equitable adjustment between the parties as to any weak or materials then in progress provided that the Pardoner shall not be liable for any claims for anticipated profits on me uncompleted portion of the goods anchor ..,it, far incidenul or cons yuemial dmaSa, and me, no such adjustment be made in favor of the Seiler with respect o any good which are the Sellers standand stock. No such momentum shall relieve me Pmvhmd or the Seller ofany of their obligations o in my good delivered bereender. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or mrmiwtion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stun ompliance wit all applicable laws and regulations t. which me goodie ere mbI The Set]. shall excrete and deliver such documcros as may be required to effect or did. camplimm,. All laws and regulations required as be incorporated in agreements of this character art hereby incmpomted hernia by this reference. The Sella agrees in indemnify and hold the Parchand harmless from all cents and damages suffered by me Pardoner as a rasa], of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or my monies due or to become due hereunder without the ,no, wrinm convent ofine mha party. 10. TITLE. The Sella warranty full, clear and unrestricted title to the Purchsser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, rutnctiom, reservations, accuracy interest encumbrances and claims of others. acquired under federal or state antincst laws for such overcharges relining to the particular good or services purchased or acquired by the purchaser pursuant an this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall relmom the Purchaser and its contactors of any tier from all liability and claims of my metre resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to use directors, officer, and employees ofsuch party. The Selici s continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, devitt, material or process covered by ],.a, patent trademark or copyright the Sella shall indemnify and sae harmless the Purehnser from any and all claims for infringement by reason of the use of such patented design, device, material or process in contraction with the comrect and shall indemnify the Puechmer for my 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 caw said equipment, m any part thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipmrnl or pan is enjoined, Ne Seller shall, at its awn expense and at its option, either promre for me Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but =ninfn-vgbag equipment or modify, it so it becomes noainfringing. 15ANSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the bmeit of creditors, appoim a receiver or trustee for any of the Sellers property or bashms, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defiwtions of tams used or the miscreant. of the alliance., and the rights of all parties hereunder shall IN contained under and governed by the laws ofthe State ofC.Io-da, USA. The following Additional Conditions apply only in uses where the Seller is m game. work he..&, including the services of Sellers R ptimodative(s), on the premises wfuthem, 17. SELLERS RESPONSIBILITY. The Sellef shall carry oa said work at Sellers we risk ..,it the same is fully completed road accepted, and shall, in caw of my accident, deswcuou or injury m the work mdfor materials before Sellers Gaul completion and acttpmece, complete the work a, Sellas own expenu and m the satisfaction of the Puschssm When materiak and equipment are fumndeol by others far installation ., erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become rapomible therefor as though such materials and/or equipment wart being finished by me Sella amid the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of works compensation, including occupational doeme benefit, to its employees employed on or in connection with the work covered by this purchase order, anchor to mev dependents in accordance with Nr laws of the stare in which the work is to be done. The Seller shall also arty comprehensive gmeml liability including, but out limited to, contoodual and automobile public liability announce with bodily injury and death limits of at least S300,00 , for my one person. S5W.Ooo for any one candear and property damage hour per accident of S400,000. The Seller shall likewise require his contractors, Racy, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall du any work upon the premises of others, the Seller shall Finnish fee Parchment with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and imurnnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sailer agrees Nat such compensation and insurance shall be maiaained until after me entire work is completed and season. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumu the entire responsibility and liability for any and all damage, loss or injury of=y kiod r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pardoner and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or banned. and whether to persons or propeM to which the Purchaser may be put or subject by region of any act action, celled, omission or default an the pan of the Seller, any of his contractors, or any of rise Sella or contractors offices, agents or employees. In raze any suit or other proceedings shall be brought against the Purchaser, or its officers, agents W employees at easy time our acre=t or by menson of my net, action, neglect, omission or default of me Sella of any of his routruto s or any of its or their .Dicers, agents or employees as af.msaid, fire Seller hereby agrees m assume the defame Necof=d to defend me same at me Sella two expense, to pay any and ail caste, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or alumna[ against the Purchaer or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed Open or obtained against he property ofthe Purchawq or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall rake all safety prmamions, furnish and install ell bards necessary for dre prevention of accidents, comply with all laws and regulations wind regard to safety including, but without limitation, the Ocrupatioal Safety and Health Act of 1970 deal all cola and regulations icsaa[ purse=t Thereto. Revised 03R010