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HomeMy WebLinkAbout543440 BIG AL'S INSULATING - PURCHASE ORDER - 9146213Fort Collins Date: 10/23/2014 Vendor: 543440 BIG AL'S INSULATING PO BOX 33151 NORTHGLEN CO 80233 PURCHASE ORDER PO Number I Page 9146213 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/23/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 225 Maple St Batt insulation per proposal 910614, dated 10/6/14. add R38 Fiberglass batt in attic space insulate panel with R38 Batt attached Add R19 Fiberglass around attic knewall area Dam around furnace Flu with metal 16" high and seal with Hi -Temp foam Contact: NicK Jovene vi'j>a;i 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 1 LOT LS 1,412.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is esempl from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 94.6000589 is registered with the Collector of Failure of the Purchaserm insist upon strlm perfomtmm of the arms and conditions hereof, failure or delay to Internal Rmenue. Denver, Colorado (Ref. Colorado Revised Sum,es 1973, Chapter 39-26, 114 fa). exercise any rights or remW des provided herein or by law, failure So promptly notify the Seller in the event of a breach, the rcap,ance ofor paymcm fro goods hereunder or approval fthe design, shell tut release Ue Seller of Goods Select GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this punchiest order and shall not be deemed a waiver of any right of Ue damage in transit, may be resumed to you for credit and are not to lose replaced except upon receipt of written purchaser to insist upon strict Performance hereof or any of its rights or remedies as to my such goods, regardless inxtme..... from the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpuned oral modification or rescission of this purcM1ese order by the Purchaser operate as a waiver of any of the witi Inspection. GOODS are subject to the City of Fan Collins inspection on ealval. hereof. Fiat Acceperm'e. Receipt of the merchandise, smices or Muipmen, in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fan Collins. Ilowoer, it is to be understood that FINAL Seller and the Purlmor recognise that in actual economic practice, wereperm, resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact 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 now have or hereafter Freight Tenets. Shipments must be F.O.D., City of FOn Collins, 700 Wood St., Too Collins, CO 80522, unless acquired under federal or state fntiuusr laws 1'or such overcharges relating to Ue panicular goads or services otherwise specified on this order. If permission is given an prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursrnt to this purchase order. bill must accompany invoice. Additional charges for Puking will not be, accepted. 13.PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment Bloomer. Weeae manufacturers have distdbo,ingpaxcess rvrioapaa. of she Country is Purehssvdireclsthe Solo, coo to beagmWuponby Ue . damss dabiliiy thee. Invoice w expected frum the nmresl distribution point to destitution, and excess freight will M dedocTW from Invoice when prhe flumeaneonformingm or unwillingnePurchaser Purchase and the Seller, and the Seller thereafter indicates its inability m unwillingness to ddbe shipments are made from greater distance. he Seller shall may cease the wad m be performed by the most expeditions means available to it and the Seller shall pay all costs azsoci:ueJ with such work. Permits. Seller shall procure at sellers sole cos, all necessary Permits, and licenses required by all berroates applicable laws, angel i u s and tales site, momry political subdivision where The Seller shill release me Purchaser and its contractors of any Lice from all liability and claims of any rwrc r re, the woke is Performed, herby duly d public au having jurisdiction over the work by any order July Fansaimmd public ass resulting funs the performmtt ofsuch wort:. from and end lass Seller further agrees to hold the City of Fan Collins M1afmkss from and against all r agrees t of rered ordinances incurred by them by reason of on assumed or esablaM1ed violation of any such laws, regulations ordinances, tales b This release shall apply ten in the of fault of negligence of the pray released and start extend to the and requirements. fr directors, offers it employees ofsuchch party. Authorization. All parties to this contract agree then ,he representatives are, in fact, bona file and possess full Ind complete authority to bind said pmies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance in the terms and conditions stated herein set forth and any supplementary or additional terms and conditions murexed hereto or incoporated herein by reference. Any additional or different lems and conditions proposal by seller are objected to and hereby rejccm1 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as noted, lime is of the essence. Delivery and perfom+ance must be effected within the time stated on me purchase order and the documents stuched hereto. No acts of the Purchasers including, without hmilation, arcmrnce, of pmial late deliveries. shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition,a other legal mad equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall no, be liable far damages as a reeull of delays due to causes not reasonably foreseeable which are beyond its rrsonable control and without its (half of negligence, such acts of GOT, acts of civil or military authorities, Sevemmental priorities, fires, strikes, food, epidemics, wars or not. provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the E., when the Seller first therrod knowledge therm[ In the error of any such delay, the date of delivery shall be extended for the penal yual,o the time actually Ion, by reason orthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifi.tions, samples cargo, other dewriptions given, will be lit for the Purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar rture. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchasrr may suffer m i.e. con ..a' of ffe Sellers breach ofwvrmnry. The Seller shall replace, repair or make good, without cost to the purchaser, my them, or faults arising within one (1) year or within such larger period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the 4 re of acceptance of the goods famished hereunder (acceptance not ,O be unreasonably delayed), resulting form imperfect or defective work done or materials fumished by the Seller Acceptance or use of goads by the Purchaser shill not constitute a waiver of any claim under this waramy. Escept as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties m gumamms, but such Iiabiliry dull in no ,at include lass of profs or lost of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Ti Purchaser may make changes to legal leis by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hems, other than legal ,ems, including addriom to or dele ions from the q—,at- uniformly -clend in the specificaiom or dmwings, by verbal or wafnen change aNer. If any such change offects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to say or .11'maims at the Saudi then net shipped, subject to any ymudde Wjenament between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods fral work, for incid.al or consequential damages, and that no such adjustment be Made in favor of the Seller with respect to any goods which are the Sellers standard shock. No such ¢mutation shall relieve the Purchaser or ffe Seller of my oftheir obligatims as Ir any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days frum The date the definite Or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in stein compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents a may he requital to effect or evidence compliance. All laws and regulmioa required to be neux, omted in agreements of this character arc hereby incorporated herein by Uis reference. The Seller agrees to indemnify and held the Purchaser hamdess from all costs and damages suffered by the Purchaser as, a esull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, M any monies due or to become due hereunder without the prior written consent of he other party. 10. TITLE. The Seller woaama full, clear and uorcmnned title to the Purehmer for all equipment, materials. and items fumished in performance of this ag3mncnt free and clear of any and all lien, restrictions, m m coon , security interest encumbrances end claims ofothen. The Selices contractual obligations, including w.amanty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by Ue Purchaser. 14. PATENTS. Whenever the Seller is required to sae any design, device, mammal m process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from tiny and all claims far infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser Ib. airy cuss, expense or damage which it may be obliged to pay by reason of such infringement 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 goad, is in such suit held Inc constitute infringement and the use of said mi,m m or pm h enjoined, Me Sella, shall, at its axn expense end m its option. either procure fro ❑ e Purtbe er the fight to continue using said equipment or part, replace the same with substantially equal but noundfi ngng equipment, or modify if so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bandmi t, take an assignment for the benefit of credimrs, appoint a receiver or trustee far any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser withoul liability. 16. GOVERNING LAW. The definitions of terra used or the interpretation ofthhe agreement and the rights of all parties hereunder shall be mnsbued under and governed by the laws of the State ofC.I.d., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including She services ofScll. Represereareds), an me Premises afothcra 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work torpor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are monitorial by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at me site and become responsible therefor of though such materials andfor equipment were being fumished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed 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 general liability including, but not limited to, mnmctual and automobile public Iiabiliry insurance with bodily injury and death limits of in least S300,000 for any ore person, 5500,000 for any one accident and prulsmy damage limit per accident of S400. 00,0The Seller shall limi,ave require his contractors, if any, to provide for such compensation and insurance Before my of the Sellers or his oonnmemre employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificale that such compensation and insurance have beta provided. Such cmifemes shall specify the Jade when such compensation and iaumnce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such comp rnaion and insurance shall M mainai ul until alder the .tire work is completed and aroepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respaaibility and liability for any and all damage, loss or injury of any kind nature whatsoever To persons or property Mixed by or resulting farm the execution of the work provided for in this purchase orJcr or in emo,oinn herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oficem. agents and employees from and against any and all claims, lases, damages, charges or enpemes, whether direct or indirect and whether to persons or property to which the Purchaser may be, put or subject by reason of any art action, neglmt omission or defrlr on the pan of the Seller, any of his mmramors, or any of the Sellers or contractors officers, agents or employces. In case my suit or offer proceedings shall be brought against the Pmilho". err its officers, agents or employees at any time on account or by reawn of any of,, action, neglect, omission or default of the Seller or any of his commemrs ar any of i,, m their officers, agens or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own experru. to pay any and all costs, charges, „homey, fees and other expenses, my and all judgments Char may be incurred by or obtained against the Purchaser M any of its of their oRcers, agents or employees in such suits or other proceedings, and in case judgment M offer lim be placed upon or obtained agains, the property of dom Purchaser, or said parties in or a is result fsuch suits or other, proceedings, the Seller will as once cause the same to be dissolved mod discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and iatall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safe, it Health Act of 1970 and all rules and regulation issue pmounat be.,.. Revised OTQ014