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HomeMy WebLinkAbout540482 COCAT RESTORATION & RECONSTRUCTION LLC - PURCHASE ORDER - 9144353Fort Collins Date: 0810112014 PURCHASE ORDER PO Number Page 9144353 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 540482 Ship To: ELECTRIC UTILITIES COCAT RESTORATION & RECONSTRUCTION LLC CITY OF FORT COLLINS 4905 LIMA ST 700 WOOD ST DENVER CO 80239 FORT COLLINS CO 80521 Delivery Date: 07/31/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Remove all asbestos containing 1 LOT LS 48,000.00 materials and properly dispose of as per OSHAICDPHE requirements and federal, state and local regulations for the properties at 212 LaPorte, 230 LaPorte, and 208 North Howes. Air Test will be conducted by others, but contractor shall coordinate this test. Per terms and conditions of bid 7617 and agreement dated 7-28-14 Total $48.000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 urchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Ely statute the City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statmcs 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due to failure to meet Marif¢mions, eiffes when shipped ar due ro def is of damage in mbnsit may b r mtumed to you for credit and art not to be replaced except upon receipt of wrnen instructions tram the City of Fall Collins. Inspection. GOODS are subject to the City of Port Collins inspection on arrival. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can small in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion orbit applicable require) inspection procedures. Freight Team Shipments must be F.O.D., City of Too Collins, 900 Wood St, Tom Collins, CO 80522, unless otherwise specified on this olde. If permission is given to prepay freight and charge sepammly, the original fieigh, bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pas of the country, shipment is expected from the nearest distribution From to destination, and excess freight will be deducted from Invoice when shipments are male from greater distance. Permits. Seller shall procure in sellers sole cast all necessary permits, certificates sad licenses required by all applicable laws, regulations, ordinances and roles of the some, municipality, temmry or political subdivision when the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller matter agrees w hold the Cry of Fell Collins harrnlas from and against all liubil ity and lass incload by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and continuations. Authorization. All parties to this contract agree that the repmserandives me, in fact, bona fide and prouscu full and ..,late summary to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits asompance to tlm tams and conditions stated herein set fumh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or dalbrem arms and conditions proposed by setter am obje'ed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to leave on year promised delivery data as noted. Time is of the essenre. Delivery oral recommence must be effected within the time amid on the purchase older and the dwvmects atachad hereto. No aces of the Purthass rs including, without Harimmmin, acceptance ofpnial late deliveries, M1all operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and halding the Seller liable for damages. Ileaever, the Seller shall not be liable per damages as a result ofdelays due m causes not reasonably Irremovable which are beyond its mamnable control and without its fault of negligence, such ace. of God, acts arrival or military authorities, governmental priorities, fires, strikes, Food, epidemics, arms or fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when me Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to me time actually lost by reason of the delay. 11. NONWAIVER. Failure of the Purchases to insist upon strict performance of the firms and conditions hereof, failure or delay to excarrise any rights or remedies provided herein or by law, Failure to promptly notify the Seller in the event ors breach, the acceptance ofor payment for goods hereunder or approval ofthe Jaigo. shall not release the Seller of my of the warranties or obligations of this purchase order and shall ng be dented a waiver of my right of the purtbmer to insist aeon strict performance bursar or any of its lights or remedies as to any such goods. regardless of when shipped, received or reverted as to any prior or subsequent default hercunJer, nor shall any performed oral midi reaction or rescission of this purchase order by the Purchases operate as is waiver of any of the rams hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaer recognize that in scroll economic practice, overcharges resulting from =It=, violations arc in fall home by the Purtes ha. Theremfore fogood cause and m mnsidoodum for executing this purchase oldeq dhe Seller hereby assigns an fee Purchaser any and all claims it may raw have or forearm acquired under federal or state ..flown lavers for such overcharges relating to the parimlm goods or services purchased or acquired by the Purchaser pursuant to this purchase older. U: FORCE IASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser dire'. the Seller to cored noneonfomting or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchase may rouse the work to be performed by the most expeditious means mailable to it. saad the Seller shall pay all casts exuarfted with such work. The Seller shall release the Pardeser and its manradors of any tier tram all liability and claims of any nature resulting from the perfonnic re afsuch work. This release shall apply even in the event of fault of negligence of the pay released and shall extend m the directors, o0ies. anJ employees of such Arty. The Sellers committed obb miors, including wareanly. shall mall be deemed to be reduced, m any way, because such work is performed] or caused to be performed by the Purchaer. 14. PAT ENTS. Whenever the Seller is required N mainly design, device, material or process .,mail by helm, patenl, trademark or copyright, the Seller shall indemnity and save humdess the Parchaser from wry and all claims for infringement by reason of the use of such ptenmd design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be, obliged m pay by reams of such inGngement ar any time during the prosecution or after the completion of the work. In eau said equipment, or any part thereof or the intended use of the goods, is in such .it held to constitute tnGngemes, and the use of said couipmenl or part is enjoined, the Seller shall, at its own expense and at its option, either procure far me Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noniuffinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baMampt, make an assignment for the bermfit of creditors, appoint a or trustee for any of the Sellers Mowry or business, this older may fonhwith be canceled by the Purchase, without liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller warrants that all goods, amides, materials and work covered by this order will conform with applicable The definitions efterms amid or the interpretation of ache agreement and Ne rights ofall parties herein&, shall be drawings, specifications, samples matter other descriptions given, will be fit for the Follows intended and construed under and governed by the laws ofthe State of Colorado, USA. performed with the highest degree of care and competence in accordance with accepted standard for work of a i ads, Maur. The Seller agrees b hold are to mh our harmless from any Ims, damage or expense which the The following Additional Conditions apply only in cases where the Seller is b perform work heaundeq Pochzser may sufferer incur an account ofthe Sellers breach of warranty. The Seller shill replace, repair or make including the services of Sellers Ramewa m,ive(s), on de premiers otothers gavL without cost to the purchaser, any defects or faults arising within came (1) year or within such longer period of 17. SELLERS RESPONSIBILITY. time as may be prescribed tanry cribed by law or by the burns ofany applicable warprovided by the Seller after the dam of acceptance of the good famished hereunder (acceptance not ,o be unreasonably delayed), resulting from imperfect The Seller shall carry oa said work a Sellers own risk until the same is rally completed and accepted, and shall, or defective work done or materials famished by the Seller. Accepance or use of good by the Purchaser shall not i case of any or injury ro the wok and final completion and materials beforeof onditate a waiver of any claim under this wuranty. Except as otherwise provided in this purchase order, the Sellers plate shnt,e for t e Purchase, acceptance, complete the work xr Sellers awn expense and to the satisfaction of the Pumhmer. WM1en materials work of S liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing want and equipment are famished by mhers for installation or erection by the Seller, the Seller shall receive, unload, or guarantees, but such liability shall in no event include loss of pmfts or loss of use. NO IMPLIED WARRANTY stare and handle same m the she end became responsible therefor as though such mmerid We, equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being furnished by the Seller under me order. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal corms by wairen change older. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the menu, other than legal terms, maturing additions m or del,bmu from the quantities originally oMered in the specifications or Jrawinp, by verbal or written change order If any such change special the amount due or the time of'a ormam hereundes, an equitable uljuumem shall be made. 6.17ERMINAT10NS. The Purchaser may nt any time by wriren change older, mrmiome this agreement as to any or all prrions of the goods then not shipped, subject many equitable adjustment between the parties as to any work or materials then in progress provided Nat the Purchase shall not be liable for any claims for anticipated profits on the uncompleted portion of the grad and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Selm with respect to any goads which arc the Sellers standard stock. No such termination shall relieve Ne Puchaser argue Seller ofany of Neil obligate. as 1. any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within carry (30) days from the date the change or Exclamation is entered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all good sold hereunder shall have been produced, sold delivered and furnished in am,, compliance with ell applicable laws sad mgulatiorrs to which the good are 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 neoryoreted in agreemens of this chmacter one bareby reampombd herein by this mference. The Seller agrees to indemnify and hold the Parabola, hmminss farm all costs mad damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, oanstbr, or convey this older, or any monies due or to became due hereunder without the prior wmtm consent of the other pay. 10, TITLE. The Seller wat.nu full, cloar and unrestriered tide to the Piech ser for all equipment, materials, mud items f fished in Performance of this agreement, free and clear of any and all liens, restrictions, rescrvadons, security interest mcumbmnces and claims of others. 18.INSURANCE. ' The Seller shall, at his own expense, provide far the payment of workers amalrea Lion including occuplmord disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive gene.] liability including, but not limited to, conaeaual and automobile public liability insunmce with bodily injury and death limits of or least S300.000 for any one person, S500,IXq for any one accident and property damage limit per accident of S400,00t. The Sella shall likewise require his contractors, if any, to provide for such compensation and announce. Before say of the Sellers or his conalcoux employes shot] do my work upon the Encomium of others, the Seller shall bullish me Purchaser with a certifiente, that such compensation and inearmsee have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees m s that such copensation and insurance shall Ise maintained until afterare work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wournes the entire responsibility and liability far any goad all damage, loss or injury aforay kind or mature whasscever in persons or properry caused by or resulting from me execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and had Event are Purchaser and any or all of the Purchasers oIts aees c us, .Rand employfrom and against any and all claimslosses, , damages, charges or expenses, whether direct or indirect, and whether to persons ar propeay to which the Purchaser may be put or subject by reason of any all, action, neglect, omission or default on the part of the Seller, any of his cont.dors, or any of the Sellers or contractors officers, agents or employees. In case any suit or offer proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, loglec,, omission or default of me Seller of any of his contractors or any of its or their officers, age. m employees as of .id the Seller hereby ages so ..me me defemse thereof mad to defeat theme at me Sellers own expense, To py any mod all cases, cho,es, mtorrmys fees and offer expenses, any road all judgments thin may be incurred 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 at older lien be placed upon or obtained against the property of the purchaser, or said parties in or as a result of such sate, or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, rumish and insmll all goods necessary for the prevention of accidenu, comply with all laws and regulations will tegald o safety including, but without founder, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant award, Revised 07R014