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HomeMy WebLinkAbout432047 ALL PHASE RESTORATION - PURCHASE ORDER - 9145660PO PURCHASE ORDER 914566er Page City of PURCHASE 9145660 t of z ' `t( ottins Thisnumber must appear V ` �7 on all invoices, packing sli s and labels. Date: 09/30/2014 Vendor: 432047 Ship To: OPERATIONS SERVICES ALL PHASE RESTORATION CITY OF FORT COLLINS 7355 GREENRIDGE RD UNIT C 300 Laporte Avenue WINDSOR CO 80550 Building B FORT COLLINS CO 80521 Delivery Date: 09/29/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Mulberry Pool 1 LOT LS 2,054.12 Mitigation from 2nd floor toilet. 3" pipe rusted and cracked open to allow black water to go to locker room. as per document dated 9/8/14 Contact: James Warren 970-222-3235 2 Mulberry Pool 1 LOT EA 3,241.70 Repairs as per document dated 9/8/14 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 Total Pay terms net 30 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. COMMF.RCIALDETAILS. Tax excmplioa. By statum the Ciry of Fon Collins is exempt from scam and local taxes Wr Exemption Numbs is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenilowe of Registry B4iA00581 u registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms aM mndiuons helcof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1923. Chapter 39 26,114 (a), exercise any rights at remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder an approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defbms Of any Of the warranties or obligations of This purchase order and shall not be decried a waiver of any right of the damage in no t may be resumed to you for credit and are wit to be replaced except upon receipt of wdncn purchlow to insist upon strict performance hereofor any of as rights or remedies as to any such goods, regardless innranions from the City of Fort Collins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this parchase order by the forehaast operom as a waiver of any of the terms Inspection. GOODS art subject an the City of Fon Collins inspection an wrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12.ASSIGNMENT OF ANTITRUSICLAIMS. authorized payment on the pan of the City of Forst Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion are[] applicable required inspection procedures. violations arc in fact home by the purchaser. Theretofom, for good cauu and as consideration for executing this puchme order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcarz0er Freight Terms. Shipments most be F.O.M. City of Too Collins, 70R Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this motor. Ifpennission is given m prepay freight it charge separately, the original freight purchased or acquired by the purchaser pursuant tea this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 1f t PURCh ASERSPERFORMANCE no SELLERS OBLIGATIONS. Shipment Distance. Wheremanufxmrrn have Sibbon, what err in uwpans of wintry. shipment is If the Purchaser ordability goods Or unwillingness tobeagreed upon by'he expected from the neoeen distribution ce. m dcstiwtioa aM excess Freight will be deducrcd from Invoice when Purchaser and the work to l and the Seller the mosindicates its inability or unwillingness to comply, the Purchaser Shipments are made from grtata disonce. may cause the work to be performed by the man expeditious means available to it a1d be Sells shall pay all anti associated with such work. qpI Permits. Seller shall regulators, rd sellers sole cost all neceamry permits, eenifiatc and Iicc I s require) by all applicable laws, performed. or re ordinances by a and hers of the shim, municipality, authority territory in political subdivision where the work is Seller banner i reet, t by any other duly constituted public homeless having jurisdiction over the work of vendor. Seller by as of to ae1J the City li Fort Coatis harmless from end oplati all liability es, loss mounted by them by reason of an asseneJ or established violation of any such laws, regulations, ordinances, roles and requirements. Amhnrization All parties 1. this contract agree that the representatives are, in pact, bona fide .and posxess fill and o n,Lue authority to bind said parries. LIMITATION OF TERMS. This Purehasc Order expmssly limits acceptan¢ to the terms and conditions soled herein set Each and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Byrn cannot rake complete shipment to active an your promised delivery, date as noted Time is of the evens. Delivery and Performance most be effected within the time stated on the purchase order and the documents Ruched harem. No acts of be Purchasers inclul u'itlwut limitation, acceptance of p trial ]ate deliveries, Shall npemta as a waiver of this provision. In the went of any delay, the Purchaser shall have, in addition to Other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far 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 affair, acts ofeivil or military economics, governmental priorities, fires, strikes, Rood, epidemics, curs or riots provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the time when the Seller first received know Ridge thereof. In the event of any such delay, be dam of delivery shall be extended for the period equal to the time wholly lost by reason ofthe delay. 3. WARRANTY. The Seller wwwws that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifrentioa samples anNor other descriptions given, will be fit for the psupows intmdal, and Performed with be highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser homeless from any loss, damage or expose which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, coy defwts or fadvi arising within are (1) year or within Such longer period of doe. may be prescribed by law or by the terms ofany applicable warranty provided by the Seller aRw the date of acceptance of the goods fumi5hed heremnder (accepmme not to be werconambly delayed), resulting from imperfat or defective work done or macnals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 wununties or ghamntecs, bat such liability shall in no event include lass of profits or 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 terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes m the terms, utbenhan legal Ic., including additions to or deletions from the quantiiiesor,ureally ordered in the spscifiations or drawings, by venal or wrium change order. If any such change a@as the amount due or the time of perfomance hereunder, an equimble adjustment shall be made. 6. 1 ERMINATIONS. The Purchaser may m any time by written change order, mmninme this agreement as In any or all bunions of the gook then not shipped, subject he any Munable adjtmment between the parties ah m any work or mmenals then in progress provided that the Purchaser shall not be liable for coy claims for anticipated profits on the uncompleted ,onion ofthe goods Miller work, for incidental or camequennal damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers Standard stock. No such asomm limn Shull relieve the Porclauer or the Seller crony of their obligations m to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjuxwmw must be whened within trim (30) days from the date do change or Reputation is ordered. 8. COMPLIANCE WIl'[I LAW, The Seller warmrits that all goods Said hereunder shall have been produced, sold, delivered and Friesland in strict compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documenes as may be raluirM to effect or evidence accordance. All laws and regulations required m be worpomted in agreements of this character are hereby incorporator] heroin by %is reference. The Seller agrees io indemnify and hold the Purchaser harmless tram all costs and damages suffered by the Purchaser ah a result of be Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, a asfeq or convey this order, or my monies due an to biome due hereunder wihom doe ,He, worsen umsent of the oiler parry. 10. TITLE. The Seller waoants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performanec of this agreement, fro and clew of my and all liens, ostnctions, ¢servmiom, saudry interest encumbrances and claims Ofothers. The Seller shall role to the Purchaser and its counselors of any tier from all liability and claims of any Mare resulting from the per6mrance of such work. This release shall apply even in the event of fault of negligence of the perry released and shall extend to the directors, officers and employ-, ofsu<h party. The Seller's corometual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Where in the Seller is required to useany design, device, material or recess coveted by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material 01 pmeces in connection with the contract, and shall indemnify the Purommer for any cost, expose or damage which it may be obliged to pay by reason of such infringement at any time during the Ofiammim, or after the completion of the work. In case said aluipmcnL or any pan thereof or the intended use of the goods, is in such suit held to consfimte infringement and the we of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but waintiinging equipment or modify it an it becomes noninfringing. 15. INSOLVENCY. If be Seller shall become insolvent or baMmpt make an Somer ant for the bereft of credlmrs, appiat v river 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 defnd ass of mom nsed or the interpretation ofthe agreement and the rights ofall prtlw homemaker shall be construed under and governed by the laws ofthe State ofColorsdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work, hereunder, including the services of Scllas Represcntati od( ), an the premises ofalhers. 17. SELLERS RESPONSIBILITY. The Seller shall airy on said work at Selleh own risk until the same is fully completed and aseeplaL and shall, n case of any accident destruction or injury to the work adior materials begat, Sellers first completion and acceptance. complete the work at Sellers awn expense and to the satisfaction ofthe Purchaser. Wben mmenals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, ,,are and handle scone at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mWor to then dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but nod berital to, contextual and not omobile public liability imumnce with bodily injury and death limits of at least S300.000 for any one pesos S500,000 for any one accident and property damage hm0 per accident of 540 ,000. The Seller Shull Iikensum lcluire his cormactoraw if any. to premde for such compensation and insurance. Before any of the Sellers ar his comrwrors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a comfimm that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and announce have been provided Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compewtion and iaO—le shall be counoined until after the entire work is compleed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify end hold ]armless the purchaser and any r all of the parchascrs officers, agents and employees from and against any and all claims, lanes, damages, charges or expeaea whether direct or indirect, and whether an phomm or property to which be Purchaser may be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors , or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall le brought against the Purchaser, or its officers, agents or employees at my time on account or by mson of any act, action, radeel, omission or default of the Seiler of any of his contmemrs or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof cod an defend the same at the Sellers own expense, to Pay any and all costs, charges, attemeys fees and other expenses, any and all judgments that nay be incurred by or obtained against the Purchaser or any of its or their ollcers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or mid panic in or as a result of soch suits or other proceedings, the Seller will at once came the Same to be dissolved am disclurged by giving band or otherwise. The Seller and his contractors shall take all safety promotions. famish cod install ell gatds tmecnry far be pm,.i.n of accidents, comply with all laws and regulations with regard to Safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant thereto. Revised 07I2014