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HomeMy WebLinkAbout432047 ALL PHASE RESTORATION - PURCHASE ORDER - 9145661Fort Collins Date: 09/30/2014 Vendor: 432047 ALL PHASE RESTORATION 7355 GREENRIDGE RD UNIT C WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9145661 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: 09/29/2014 Buver: DOUG CLAPP Note Line Description Quantity UOM Unit Price Extended Ordered Price Northside Aztlan 1 LOT LS 5,213.14 Mitigation in Family Change and Janitor's Closet for water damage. per 9/9/14 document ref. invoice # SI-21238 Contact: James Warren 970-222-3235 2 Northside Aztlan Repairs to multiple rooms as per document 9/9/14 1 LOT LS Total Pay terms net 30 days Invoice Address: 3,097.81 1 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm stare and local faze. Our Exemption Number is I I. NONWAfVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the purchaser to insist upon sprout performance of the terms and conditions hereof, failure or delay to Innmal Revenue, Denver, Colorado (Ref. Colorado, Revised Surnmes 1973, Chaffer 39 26, 114 fin exercise any rights or remedies provided herein or by law, failure to promptly notify fe Seller in the eve., of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goal Rejected GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the wmranties or obligations of this pumhase order and shall nut be deemed a waiver of any right of the damage in nauit, may be resumed to you for ml and are rot to be replaced except upon receipt of wrinen Purchaser 1. insist upon strict performance hereof., any of its rights M semedies u to any such goods, regardless instructions boom the City of Fort Collins. of when shipped, received or accepted, as to any prior or armament default hereunder, nor shall any p i'mtcd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mutts Inspection. GOODS are subject to the City of Ten Collins inspection on arrival. hereof. Final Acceptance. Receipt of the ffmrchanthu, service M equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aufodzed payment on the pan of the City of Fan Collins. However, it is to he understood that FINAL Sella and the Purchaser recognize felt in actual re ov economic practice, ercharge resulting war me moment ACCEPTANCE is dependent upon compleion of all applicable required inspection procedure. violations are in fact home by the Purchaser.'Iffinome, for good cause and ass, consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenn. Shipments must M ROB., City of pan Collins, 90) Wood St., Fort Collins, CO 80522, unless otherwise speediest on this order. If pemfission is given b prepay freight and charge W, an ely, the original freight bill must accompany invoice. Additional charges for lucking will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various puns of the emice , shipment is expected from the nearest distribution point to deninae.... and excess freight will be, deducted from Invoice when shipments ate made from greater distance,. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses requited by all applicable laws, regulations, ordinances and roles of the scale, municipality, territory or political subdivision where the work is performed, or required by tiny other duly maintained Public authoriry Loving jurisdiction over the work of vendor. Seller fimher agrees to hold the City of For Collins hamlets from and against all liability and loss incurred by them by reamer of an uuned of established violation of any such laws, regulations, ordinances, roles and requirement, Aunt izntion. All panics to this commat a,,c,'list the reprcscntatives are, in fact bona fide and possess full and umplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 10 he to. and conditions stafal herein set loaf and any supplementary or additional leans and conditions ammxed M1emm or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objened to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to wave on your promised delivery dam as ..led. Time is of the meame. Delivery and performance most be efveted within the funs, most oa the pmchau order and the documenta attached herein. No acts of The Purcheas including, avithout limitmim, acceptance ofparial late deliveries, shall operate as a waiver of fh;s pprickim. In the event of any delay, the Purchase shall have, in addition to .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable far d merges. However, the Seller shall not be liable for damages u a result of delays due to causes mutt rmsonably foresecable which we beyond its rwxtelbit control and without its fault of negligence, such acts of God, acts ineivd M mililary autlwd'ies, gwernmenml precious. fires, strikes. Boot epidemics, wars or ,an, provided that notice of the conditions causing such delay is given go he Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dote of delivery shall be extended far the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wammna but all goods, articles, materials and work framed by this order will conform with applicable drawings, specifications complex andtor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar figure, The Seiler agrees to hold due purchaser monlem from any lass, damage or expense which the Purchaser may suffer or incur on account offe Sellers breach of warmnry. The Seller shall replace, repair or make good, with.., cam up he purchaser, any def a or faults arsing within one (I) year or within such longer period of time as may be prescribed by law Or by the teams of any applicable warranty provided by the Seller offer the date of accepance of the pods famished hereunder (acceptance not to be unrmmnably delayed), resulting five, imperfxt or defective work done or materials famished by The Seller. Accepwnce or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as increase provided in this purchase order, the Sellers liability herewder shalt exur d 10 all dvnagw proxima ely caused by fe breach of any of the bargain, wanamies or guarantees, but such liability shall in no event include loss of pow Gis, 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 wares by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1. the more, other Nan Icgul at—,, including additions to or deletions (rant ,he gwmifies ariyinmly ordered in the specifemions or drawings, by verbal or written change order. If any such change alfeea the amount due or the lime of performance hereunder, an altulable adjutmenl shall be made. 6. TERMINATIONS. The Purchaer may at :my time by written change order, termiene this agreement as to any or all portions of the goals then not shipped subject to any equitable adjustment between the purfe, u to any wink or molests then in progress Provided that the Purchaer shall or be liable for any claims for anticipated profits on the uncompleted ,onion fife goods andga work, for incidental or consequential damages, and that am such adjummenl be made m favor of the Seller with regain to eery goods which art the Sellers standard stock. No such nomination shall retina the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for vibrational mar be asserted within Oirty (30) days fmm the die the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all Bonds sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents as may be requiring to effect or evidence compliance. All laws and regulations engaged 10 be incapacitated in agreements of this character are hereby incm,wwdJ hcmin by this reference. The Seller vgme to indemnify and hold the Purchaser harmless from all casts and damages suffered by Ne Purchaser as a result of the Sellers failure to comply with such In. 9. ASSIGNMENT. Neilher parry shall assign, naaafea or convey this order, or any monies due or to become due hereunder without the poor wruen consent ofthe other parry. I O. TITLE. The Seller warrants full, clear good uruestrcted title to the Parchuer for all Natural materials, and items fumished in performance of gas agreement, f and clear of my and all liens, restrictions minimum, securry interest encumbrances and claims ofuldes. acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser parmom to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller us correct mme—fiamang or defxur, goods by a date 1. be agreed upon by the Purchaser and the Seller, and the Seller thereaficr indicams its first lit, or unwillingness a comply, the Pankow, may cause the ..,it to be performed by the moss expeditious means.-iiable 10 i,, and the Seller shall pay all cases formem al with such work. The Seller shall clause the Purchaser and its corrmetors oLmy for from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of finull of negligence of the puny releaud and shall extend m the directors, officers and employees ofmch party. The Sellers contractual obligations, including warranty, shall not be downed if he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required m use any design, deice, mmedal to process covered by lure, patent, reademurk 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 parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such inGimaro nt at any fine during The prosecution or after no foundering of the work. In cox said equipment, or any pan thereof or the managed use of the goods, is in such suit held to comtiture infringement and the use 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 noninfringing equipmeo, or modify it so it becomes noanfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bidrupt. make an usignment for the benefit of credimrs, appoint a anceiser or trustee for any of the Sellers property Or business, this order may forthwith be, canceled by the Purchaser without liability. to. GOVERNING LAN'. The definniom interns hand or the inleryretation offe agreement and the dghm ofall parties heeuuder shill be construed under and 6ovemed by the laws of the Site of Cific nda, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of SOlees ReprexntativHs), on the premises oforlrrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own rsk pool the same is fully completed and accepted, and shall, in u of any accident, demtetien or injury to the work an:Vor materials before Sellers final completion and acceptance, complete the work or Sellers own expense and to the satisfaction ofthe Purchaser. When mneriak and nguipmea pre finished by ofers fa m tillarim or erection by the Seller, the Seller shall receive, unload, more and handle same at the site and become responsible f<rcfm u tough such materials andta equipment were being famished by the Seller 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 employed on or in connection with tle work covered by this purchase order, singer to their dependents in accordance with the laws of the suit in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury aid death limits ofat least S30Qoon. f0 far any one persSwR000 for any one accident and progeny damage limit per accident of $400,000. The Seller shall likewise require his contractors, if eery, to provide for such compemation sand insurance. Below any of the Sellen a his comncmrs employees shall do any work upon the premses of others, the Seller shall Finish the Purchaser with a certificate that such compensation and insurance have been provided. Such cedificams shall specify the date when such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance expirem. The Seller agrees fat such compensation and insurance shall M Maintained until net The entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Selle, hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or prapeny caused by M resulting from the execution of the lock prmidcd for is this purclace order or in connection herewith. fac Seller will indemnify ad hold brings, the Purchaser and any r all of the Purebuers effects, agents and employees from and again, any and all claims be., damage, charge or expen es, whether direct or infect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any of his concentrate, or any of the Sellers or contractors officers, agents or employees. In ease any suit or mher proceedings shall be brought against He Pumhnut or its officers, agents or employees at any time on account or by mama of any act, action, neglect omission or default of the Seller of any of his correctors or soy of its or their inflicts, agents or employees as of id, the Seller hereby agrees m assume the defatx thereof red to defend the same at the Sellers own expense, to pay any and all costs, charges, avoma x fees and offer expenses any and all judgments that may be Incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or office proceedings, and in case judgment or other lien be placed upon or obtained against the property of fe Purebaset, or said panics in or as a result of such suits or other proceedings, the Seller will at once tease the same to be dissolved and discharged by giving band a otherwise. The Seller and his commnon shall take all safety precoutiom, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulators issued pursuant thereto. Revised 07I2014