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Home My WebLink About541170 MATO INSULATION - PURCHASE ORDER - 9145036of Fort Collins Date: 09/03/2014 Vendor: 541170 MATO INSULATION 4850 LIMA ST DENVER CO 80239 Delivery Date: 09/02/2014 PURCHASE ORDER PO Number Page 9145036 1of2 his 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 DOUG CLAPP - Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Police Department 1 LOT LS 9,242.00 Insulate exterior curtain wall above the grid in the training area. Per quote dated 7/18/14. Exterior Walls:- - install 4" curtain rock and cover with FS-25 FSK Facing South Wall: » - above grid ceiling - wall and beam with R-19 faced with FSK Contact: Nick Jovene _ 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:purchasinga@fcgov.mm Total Pay terms net 30 days Invoice Address: M11 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 S and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. I:ax exemptions. By statute the City of Too Collins is exempt from some and tread taxes. Our Exemption Number is 11. NON WAIVER. _ 98-04502. Federal Excise Tax Exemption Certificate of Registry 8464)1)1)587 is registered with the Collector of Failure offire Purchuer to inset upon stain per( ance ofthe terms and conditions hereof, failure Or delay to honest Revenue, Deuvm, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights in mnedics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm FaMent fin goods hereunder in approval ofthe design, shad) riot release the Seller of Gordis Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warrenfics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed Fo you for creep and me not to be replaced except upon receipt of writm purchaser m in¢t upon strict pM mmncc hereof or any of its rights or remedies as to any such goods, regardless instructions from the City tarpon Collins. of when shipped, received or worried, u to eery prim or subsequent default hereunder nor shad] any Purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens Inspection. GOODS are subject to the City of Port Collins inspection oa arrival. hereof. Final Accentuate. Receipt of the merchandise, se or equipment in response to this order c: result in 12, ASSIGNMENT OF ANT] 'I RUST CLAIMS. ordewized payment on the an of the City of Foe Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual m is Franke, o verlarge. cmilin, from amitrev ACCEPI'ANCEisdependenFuponcomplelianofall applicable requiredinpemion pmcedorn. violation are in fan home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments most be F.O.B., City of Pon Collins, Trip Wood SL, run Caliber, CO 90522, ..It. acquired under federal or stare antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this aide,. Ifparr ission is given to prepay f ight awl charge separately, the original freight purchased m acquired by the Pe¢hade, pursuant o this porches order. bill most accompany invoice. Additional charges for packing will Fiat the wcepFed. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment, Distance. Whom mavubecomes have diaNbuting points in ven. parts of the country, shipment is If be purchaser directs be Seller to correct nonconforming or defmdve goods by a date to be awned upon by the expected from the nearest Fluorination palm at deatieutim. and excess freight will be deducted from Invoice when Pemh ff and the Sells, and the Seller bomber indicates its inability or unwillingness to eompty, be Purchaser shipments art made from greeter dimwo,. may cane the work to be performed by be most expeditious means mailable to it. and the Seller sbull pay all osts aasociand with such wark. Permits. Seller shut) procure at sellers sole cost all necessary peas, cenifimtes and he.. required by all applicable laws, regulations, ordinances and roles of the state municipality, terrimry or 'late.] subdivision where The Seller shall release the Purchaser and its contmnors of any tier farm all liability and claims of any vtme the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liabil try and loss until by them by reason of an asserted or esmhl,dum vlantern of any such laws, regulations, and! mew, roles This release shall apply even in the event of fault of negligence of the party released and shall extend o the and requirements directors, affcers and employees French party. Authorization. All parties to this contract agree that the representatives are, in fact, berm fide and possess full and amplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Fire men and conditions stand herein set forth and any supplementary or additional unrest and conditions annexed hereto or inewwromd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jrctN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly tryout cannot make complete shipment to arrive on your promised delivery dam as moral Time is of fie essence. Delivery and performance most tee eBkded within the time muted on the purchase order and the documents attached harem. No arcs of the Purchasers inclmding. without limimtion, acceptance ofpamid ]ate deliveries, shall opcmm u a waiver Fifth .. provrotor In the event army delay, the Purchaser shall have, in addition m other legal and equitable remedies, Fire option of placing this order elsewhere and holding the Seller liable for damages. However, be Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, reds ofeivil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Porchaser within five (5) days of the time when the Seller fire received knowledge brevet. In the even of any such delay, the date of delivery shall be extended fir the period equal a the time actually lost by rnwn ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples aMlor other deuriptiou given, will be fit for the purposes intended, and performed with be highest degree of care and competence in wmrdance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser handers from my loss, damage or expense which Fire Purchama may sulT or imvr en account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without east to the pwchaseq any defecm or faults arising within one (1) year or within such longer period of time as may be prescribd by law m by the terms of any applicable about provided by 0ar Seller after The date of acceptance of the grads f fished hereunder (acceptance not to b, unseasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goads by the Purchaser shall not anritnm a waiver of any claim under this mortuary. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wasiomies or guarantees, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. 4, CHANG ES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to are terms, mher than legal areas, including addition to or deletions from the qm nitres on, nally ordered in the spocificiiou or drawings, by verbal or women change seder. If any such change aftects the amount due or me time of perfomance, hereunder, an eliminate adjustment sbull b<made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as m any or all poaion of the goods then rot shipped, subject any muimble adjustment Mwem Fire grain as to any work or materiab then in peow¢s provided that Fire Purchazer shall Out be liable for any claims for anticipated profits on the uncompleted portion ofthe goods andor work, for incidental or emsequemial damages, and ghat no such adjournment be made in favor of be Seller with respect to any goods which art the Sellers smndard sock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment mat Its, asserted within thirty (30) days farm the date the change or tere imrtiun is ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulation to which the goods arc subject. The Seller shall execute and dd iver such documents as may be require! or effect or evidence compliance. All laws and regulation required to be, incorporated in agreements of Nis character are hereby incoryomron herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless farm all msu and damages suffered by are Pumhus as a result of the Sellers failure to compty with such law. 9. ASSIGNMENT. Neither Ferry shall assign, manger, or convey Nis order, or very monies due or to become due hereunder without be Pnor "am consort nfhe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to be Purchaatt for all equipment, materials, and items fumished in performance of this agreement, free and clear of any and all liens, reminian, reservations, aecariry intent, encumbrances and claims of others. The Seller's contactual obligations, including warranty, shall not be dwmesl to be reduced, in any way, because such work is performed or ...it to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is expand to use any design, device, material or process covered by letter, patent tademzrk r copyright the Seller shall indemnify and sour harmless the Purchaser farm any and all claims for infringement by reason of the are of such pitmmd design, device, material or process in connection with the emeran, and shall indemnify the Purchaser for any con, expense or damage which it may be, obliged to pay by ¢anon Fritsch infringement at any time during the prosecution or after the Completion of The work. In cue said equipment or any pan therm( or the intended use of the grads, is in such stair, held to ..,am, infringement aM be as, of said egnipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either Procure for the Purchaser be right to continue using said muipmrnt 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 bankrapt, make an assignment far the herself of creditors, appoint a receiver or trustee for any of the Sellers property or business, this under may forthwith be canceled by the Purchna without liability. 16. GOVERNING LAW. The definutimis artemst Ford or the imeryri atioo ofthe agreement and the rights of all at. hemurder shall be corestrued order 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 him usba. including the services of Sellers Represanafive(s), on the prtmkses of orders. IT. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Setters own risk unfit the were is fully completed and accepext, and dull. case of any accident destruction or injury o be wed not mmmals bef Sellers final complet o r and acceptance, eomplete the work m Seller's own expersse and eF the saisfaeeion of be Purchaser. Wheat motmals and muipment aR fumished by others for installation or section by the Seller, she Seller dull receive, uvind, store and handle same at the site and become responsible therefor as though such materials and/or to uip tea t were being f ishM by the Sells under the order. .� 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employsl on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive geacml liability including, but not limited to, continental and automobile public liability insurance with bodily injury and dean limits of at least 5300.0i for any one Person, 5500,00o for any one accident and property damage limit per accident of S403,000. The Seller shall likewise Fonda, his notmnors, if any. to provide for such ide mp waration and insurance. Hefore my of me Sellers or has mnuacmrs employees shall do any work upon flue premises o robins, the Seller shall f ish the purchaser wits a certificate Fast such wmpnuation and announce have been provided. Such certificates shall specify the due when such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and commence expires. The Seller agrees that such compeeareanon and announce shall be maintained until after be entire wed is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the write rnpunibiliry and liability for any and all damage, loss or injury of any kind r nature whatsoever to persons or propmy caused by or resulting from she execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold humorless the INrchaser and any T all of the Purchasers onfieem, vgwits 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 he Purchaser may be put or subject by reason of any act, action, neglect, omission on default on the pan of the Seller, any of his ontractor , or any of the Sella or contractors officer. agents or employes. In case any suit or other proceedings shill be brought Figured the Purchaser, or its officers, agents in employees at any time on seem t or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or thew ollicers, agents or employees as i foreaaid, the Seller hereby agree to assume the defense thereof it to defend be same an the Sellers own expense, to Jury any and all cosis, charges, a0nmeys fees and order expenases. may and all judgments but ivy be incurred by or obaivN against be Pureh:utt or any of its or area officers, agents or employees in such suits in other Proceedings, and in mse judgment or other dim be placed upon or obmmad against Fire property of fe Purchaser, or said parties or or as a result ofsuch suits or offer proceedings, be Seller will at more muse File wine to be dissolved and dembaargsi by giving bond in ofcrwiu. The Seller and his contractors shall take all safety O..on.. Smash and inmll all goads necessary for be prevention of accidents, comply wif all laws and regulation war regard OF safety including, but without limimtion, be Occupational Safety and Health An of 1970 and all rates and regulamor issued pursvm therein. Revised 0712014