HomeMy WebLinkAbout432047 ALL PHASE RESTORATION - PURCHASE ORDER - 9145093Fort Collins
Date: 09/04/2014
Vendor: 432047
ALL PHASE RESTORATION
7355 GREENRIDGE RD UNIT C
WINDSOR CO 80550
PURCHASE ORDER
PO Number Page
9145093 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: 09/04/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 112 Willow St -Repair and
mitigation from water damage.
1 LOT LS
8,535.82
ref. invoices SI-20989
dated 8125/14 - $1,608.95 - repairs
ref. invoice SI-20975
dated 8/25/14 - $6,926.87 - mitigation -
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@fogov.00m
Total $8,535.82
Pay terms net30 days
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 samm the City of Fort Collins is exempt tram state and local tours. Our Exemption Number is
98-0 502. Federal Earls, Tax Exemption Certificate of Registry M-6000587 is mgwaroad with the Collator of
Imcmal Rare., Deaver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defemv of
damage in tmmit may be, remmd 1. you for ardir and are nor to ba rrylec<d except upon receipt of wrinen
i.uactiork from the City affront Collins.
Inspection. GOODS art subject to the City of Foe Collins impaction on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
outhorimd payment on the pan of the City of Fun Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependem upon camplmion of all applicable rryuimal inspection prondums.
Freight Tema. Shipments must be F.O.D., City of ran Collins, 700 Wood St.. Fiat Collins, CO 80522. unless
otherwise ....iced On this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where pearifluramrs have distributing points in variou parts of the country, shipment is
expected from the rental distribution prim 1, do,iration, and excess freight will be deducted from Invoice when
shipments are made from gxim, drounce.
Permits. Seiler shall procure at sellers sole cost all necessary permits, our ificems and licenses required by all
applicable laws, rcguleions, ordinances and roles of the slate, municipality, tenilmy or political subdivision where
the work is performed, or required by any other duly exmlibited public authority having jurisdiction over the work
of vendor. Seller fueher agrees to hold the City of Fort Collim harmless from and against all liability and loss
incurred by them by reason of an surfaced or established violation of my such laws, regulations, ordiranc., roles
and requirements.
Authorization. All pond. to this comma agree Our the repmaxesse . are, in fact, haw fide and possess full and
ample authority to bind said ponies.
LIMITATION OF TERMS. This Porcham Order expressly limits acceptance to the mrns and conditions sated
herein set forty and any supplementary or additional moms and candidates annexed hereto or incorporated herein by
ref ace. Any addlumil or diremnrto. and conditions proposal by seller art ogamx[to and hereby jeced,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cammot make complete shipment on arrive on your
promised delivery dam as noted. Time is of the comma. Delivery and performance most In, effected within the time
stated on the purchase order and the doctrun, atechd hereon. No ass of the Purchmen including, without
limitation, worptance of partial late deliveries, shall ope.,a as a waiver, crisis provision, In fe event artery de]ay,
the Purchaser shall lour, in addition m ofer legal and egromblo remedies, the option of placing this order elsewhere
and bolding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due m causes net reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Gad, acts of civil or military authorities, g wermacroal priorities, fins, strikes, hood, epidemics, wars or
Halt provided that notice of the conditions causing such defy is given to the Purchaser within five (5) days of the
time when the Seller first received knowldge thereof. In the event of any such delay, the Jute of delivery shall be
extended for the period equal Or the time actually Red by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, coamrias and work covered by this order will conform with applicable
dmwings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, aM
performed with the highest degree of rare and compmem'e in accordance with mceptd saMard for work of a
similar nature. TIs Seller affairs to hold the purchaser harmless from any lass, damage or expense which the
Fomh,er may suf or incur on account of the Sellers branch of wxmmnty. The Sella shall replace, mpah or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer peril of
tierce as may be prescsibd by how or by the term of any applicable warranty provided by the Seller aRer the due of
.art. of the goods famished hereunder (aceptana .11. h ttmeaso.My delayed), resfilling from imperfect
or defective work doore or materials fished by the Sella. Acceptance of use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this pttrcham order, the Sellers
liability hereunder shall extend as all damages proximately caused by me breach of my of the foregoing wareantim
or grammes, but such liability shall in no at. mcl ie loss of pritfila, or loss of um. 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. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal turns, including additions to or deletions from
the quantities originally ordered in be specifications or drawings, by verbal or written change order. If any such
changeareas list.mount due or the time of performance hemandeq an equitable adjustmaid hall be made.
6. TERMINATIONS.
The Purchaser may at any time by carman change order, terminate this agreement as to any or all poniom of the
goods then not shipped, subject to any equitable adjustment between the parties . to any work or mamrials then in
progrs providMd that the Purchaser shall no, be liable far any claims for antur,sumd profits no fe umomplad
portion of the goads andor work, for incidental or consequential damages, and that no such adjustment ba made in
flour of ilm Seller with respect to any goods which sure the Sellers standard stock. No such lamination shall relieve
the Purchaer or firm Seller ofany of ram, obligati.. se on any good delivered hcauldral.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asrermd within thirty (30) days form tha data the change or deradia dwer is
oNereA.
8. COMPLIANCE WITH LAW.
The Seller winters that all good sold hereunder shall have been produced, sold, delivered and fumishd in strict
compliance with all applicable laws and regulations m which to goods are subject. The Sella shall execute rand
deliver such damned. as may be required era erect or evidence compliance. All laws and regulations required a h
nemponted in agreements of Nis chameter are bereby incorporated herein by this reference. The Seller agrees on
indemnify cad hold the Purchaser hamtless from all ens, and ransoms m1fi m l by N< Purchaser as a result of ale
Sellers failure to comply wit such law.
9. ASSIGNMENT.
Neither puny shall assign, broader, or convey this order, or any monies due or to become due hereunder without the
Prior written consent of the other patty.
10. TITLE.
The Seller warrants full, clear and unrestricted till¢ m the Purchaser for all equipment, mamrials, and item famished
in performance of this agreement, fee and clear of any and .11 It., reduction, rcsrrvutime, security interest
encumbrances and claims of others.
I I. NONWAIVER.
Failure of the Purchuer to inset upon strict perfomtance of the terms ad conditions hereof, failure or delay to
any rights or remedies prevailed herein or by law, failure w promptly amity the Sella in the event of a
examine
the acceptance afar payment for goods hcrtuMer or approval ofae design, altaI not release the Sena of
any of the warn u. or obligations of this purchase order and shall nor be damd a waiver of any right of the
purchaser to insist upon strict performance hemofor any of its rights or remedies as to any such Bond, regardless
of whom shipped, received or accepted, as to any prior or subscquem default heeunder, nor shall any puryoned
and modification or rescission of this purchase order by the Purchaser alumina as a waiver of any of the is=
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and tha Purchaser r a riae that in actual tt is practice, memhages rtsOhio, from antitrust
rioted... are in fact Inme by the PurcExact. ThCMofore,for god cause and as consideration for executing his
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemafter
acquired under fderal or state antitrust laws for such overcharges ,elating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE Or SELLERS OBLIGATIONS.
Ifnhe Purchaser directs the Seller to correct nonconforming or detective goods by a date to be spread 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 expedla0ns, means available to it, and the Seller shall pay all
cos, ouaccuded with such work.
The Seller &ball release the Purchaser and its contractors of any ties from all liability and claims of any nature
resulting from the performance ofauch work.
This release shall apply even in the event of fault of negligence of the party released cab shall extend to the
directors, oRcers and employes.fsuch Party.
The Sellers comracttal Obligation. including Warranty, shall not be diamond to be reduced, in any way because
such work is performed or camel m be performed by the Purchaser.
14. PATENTS.
rrgen.cr the Sell. is occurred to um any design, device, meerial or process coverN by lamer, patmL trademark
bycopyright the Sella shall indemnify and save humorless the Purchaser firm any and all claims fen infringement
reaon of the use of such patented design, device. mensal or process io connection with the cunarmt and
shall indemnify the Purchaser for any cost expense or damage which it may be obliged in pay by reason of such
management at any time during the prosecution or after the completion of the work. In case said equipment or
any pan thereof or the intended use of the goods, is in such suit held to amounts, infringement and the aim of
said ryuipmmt or pan is enjoined, the Seller shill, at its own expense and at its option, either procure for fe
Purchases the right to continue using said equipment or pans, replace the same with substantially .lmI bur
nonffringing remained, or modify h so it becomes noninMnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt 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
Pumhaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interyrtntion order agreement and the rights ofall parties hereunder shall be
coaual under mod govemed rhythm laws of the Sum of Colorado, USA.
The following Additional Condhlo. apply only in cases where the Seller is to perform work hromidc,
including the services of Sellers Repaearatalier(s), on the premiss, mergers.
17. SELLERS RESPONSIBILITY.
The Sella shall can, ma said work or Sellers run risk until the same 0 burly completed mor mctpdd, ad shall,
in case of any accident, dawerion or injury to the work andim materials before Sellers fwl completion and
.reprover, conlere the work at Sallds owm expense and as the sunisfedon of the Purchaser. When materials;
and equipment are f fished by others for installation or elation by the Seller, the Seller shall receive, unload,
stare and handle same or the site and became responsible Nerefm a. Tough such examods and/or equipment
were being fumishd by Nn Seller under the under.
UL INSURANCE,
The Seller shall, at his own expense, provide for the Raymond of workers compmmtion, including Occupational
disease benefits, of its employees employed on or in connection with the work covered by this purchase Oder,
and/or on their dependent in accordance with the laws of the stem in which the work is to be done. The Seller
shall also carry comprehensive general liability including, bur not limited to, committal and automobile public
liability insurance with bodily injury and death limits of no least $300,000 fen any one person, S500,000 for tiny
are accident and properly damage limit per accident of S400,000. The Seller shall likewise require his
if any, no provide 1'or such compensation and insurance. Before any of me Sonars or his contractors
employees shall do any work upon the premises of .,he.. the Seller had fish the Purchaser with a canificata
that such compensation and insurance have been provided. Such certificates shalt specify the date when such
amp re cation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seiler agrers that such cumpemation and insurance 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 &magq loss or injury of any kind
tastute whatsoeverpersons or to persoor property caused by or resulting From the execution afthe work provided for in
his purchase ader or in couneaion herewith The Seller will indemnify and hold harmless the purchaser anal any
or all of the puachasers o1Gcm, agents ad employeas from and against any and ell claims, Imf., damages,
charges or exper,es, whether direct or indirect and whether m persons or property to which de Purchaser may
M put or subject by .. of any act extim, neglect. omission or default m the pal of the, Seller, any of his
c ntractors, or any or the Sellers or ont.emrs oricars, agents or employees. In one any suit or Other
proceedings shall h brought Witter the Purchaser, or in officers, agents or employees many time on account or
by ream. of any for, action, neglect, omission at default of she Seller of any of his contractors or any of us or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Hereof and to
defend the same at the sellers awn rx,ma,, as pay any and ell coop, charges, i moneys fees and other e.Panars,
any and all judgments that may be incurred by or obmfed against the Purchaser or any of its or their officers,
agents or employees in such snip or other proceedings, and in case judgment or Of lien be placed upon or
obtained against the property cribs Purchaser, or said parties in or as a rea rt of such sure, or other proceedings,
the Seller will at once cause the same in be dissolved and discharged by giving band or othervrim. The Seller and
hit contractors shall take all artery precautions, famish and immll all guard necessary, for the prevention of
accidents, comply with all laws and regulation, with regaN to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto.
Revised 072014