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HomeMy WebLinkAbout541170 MATO INSULATION - PURCHASE ORDER - 9146215Fort Collins Date: 10/23/2014 Vendor: 541170 MATO INSULATION 4850 LIMA ST DENVER CO 80239 PURCHASE ORDER PO Number Page 9146215 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: 10/23/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Fleet Maintenance Shop 1 LOT LS 11,928.00 Repair and replace insulation - per proposal dated 9/24/14. Contact: Nick Jovene Dh# 970-221-6277 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 $11 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 senure the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II.NONWAIVER. 98-04502. Federal Excise Tax Exemption Craf vte of Registry 84-6000587 is registered with the Collector of Failure Of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver Colorado (Ref. Colorado Revised Statues 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval offs, desist, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmmles or obligations of this purchase order and shall not be, domed a waiver of any fight of the damage in ..it, may be Mussed ,. you far credit and art M1 to be replaced except upon wwipf of wrinm purchaser to insist upon strict performance hereof., any of its fights or Mmedies as m any such goods. legamless instructions from the City of Fon Collins. of when shipped, received or accepted, az to any prior or subsequent &to.]I hereunder, no, shall any par,or" d and modification or rescission of this purchase Omer by the Purchaser opemm as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Callus inspection on arrival. hereof. Final Accepmnce. Receipt of the merchandise, services or equipment an respume 1. this Omer can nowl, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authar zed payment on the pan of the City of For Collins. Brower, it is to be understood rI... FINAL Seller and the Punchier, conform ,bar in actual a no is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all 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 WI claims it may now lave or hereafter Freight Tenn. Shipments most be F.O.B., City of FOR Collins, 900 Wood SL, Fort Collins, CO 80522, unless acquired made, federal or mute antibwt laws for such overcharges relating to the particular goods or services otherwise ,paifed on this order. If permission is givcu to prepay freight and charge separately,,be anginal freight purehmed or ac9uired by the Purchaser, pursuant an this purchase ordl bill muss acmfir pany i...to, Additional charges for (asking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing d excel n various il be de the d final In—ire w is Parc ow,Puraver dire Seller, a d Seller m wrref nonconforming indicates or debility r unwil y . dategreas to be comply, a on byParch Jim ser expected from the nearest distribution point to Jeslimtion, and excess freight will be deducted Gum Invrice when may c.... and the Seller, and the Seller thereafter indicates its inability o, ruble ing I. and comply, the Purchaser shipments are male from grenur distance. may cause the work to be performed by the mast expeditious means available m I. and the Seller shall pay all costs msocivted with such work. applicable Seller shill procure at sellers sale wet all necessary permits, cenafcams and licenses acquired w all the work le laws, regulations,,moni by a and roles duly state, municipality, remmry of [Inc.[ subdivision where the work . Serf ed. or reqused by any other duly mm6mred public authority anhaving aunt jurisdiction over the work of vendor. Seller fusser agrees to sold the City of Fan Collins hafm y s from , against ns, liability and loss ncmted re them by reason Of— asserted or established riola,ion of any such laws, relulatiom, omivantts, roles and Requirements. Authoriaation. All Iwdirs to this coal ..I .,roc that the represeatmi ox arc, in fact, bona fete and possess full and complete authority or bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions noted herein set foM and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or dlffewrin I. and coditions proposed by seller are objefed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time slated on the marlerse order and the docttmcnm attached burns, No acts of the Purchasers including, without limitation, acceptance .f partial late deliveries, shell operate as a waives of,his provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Omer elsewhere and holding the Seller liable for damages. However, the Seller &ball not h liable for damages as a moult of delays due to comes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such act, of Gat aces of civil or military authorities, gov..I priodlies, fires, strikes, Bond, epidemics, wars or riots provided that rehire of the conditions musing such delay is given to the Purchaser within five (5) days of the time win fe e Seller first received knowledge thereof In ode event of my such delay, the date of delivery shall be expended for the period equal to the time morally Imp by reason ofthe May. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deseriptiom given, will be fit for ode puryow, intended, and performed with the highest degree of cart and competence in accomonce with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waraaty. The Seller shall rrylui repair or make good, without col to the purchaser, any defccu or fames arising within one (1) year or within such longer period of time as may be poesermarl by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the ...ds furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials 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 wamanties or guasardwas but such liability shall in no event include was of pmBts 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 Purchaser may make any changes to the terms, other than legal terms, including additions m or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change officers the amount due or the time of performance hereeMer, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by written cMngc omens tamifine this ag.—car as fu any or all portions of the ,owls then not shipped, subject to any equitable a ill ar mt bnwem the parties as m any work or mmmal, from in progress provided that ode Purchaser shall not be liable for any claims for anticipated pmfirs oa the uncompleted portion of the goods and/or work, for incidental or consgmential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are She Sellers smndard stock. No such hnnirad on shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fin adjustment must be asserted within Barry (30) days from the date file change or manduatio, is ordered 8. COMPLIANCE W ITH LAW. The Seller warrants that all goods sold hereunder said have been produced, sold, delivered and furnished in strct compliance with all applicable laws and reBWafions as which the goods are subject. The Seller shall execute and deliver such documents as may be required to erect or evidencecompliance. All laws and regulations no ireJ to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cases and damages suffered by the Purchaser as a myth of the Sellers D um to comply with such law. 9. ASSIGNMENT'. Neither piny shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent of the other party. 10. TITLE. The Seller wvnants full, clear and unrestrained title to the Purchaser for all equipment, mmmials, and items finished an warforraparreve of his agreement free and clear of any and all liens, —s shorn, reservations, smuriry lowered mcumbreaces and claims ofnthem. The Seller shall release the Purchaser and its confusion; of any tier from all liability and claims of any future resulting from the perfonnanre fsuch work. This mlmase shall apply wen in the event of fault of negligence of the pony released and shall extend to the directors, afTcers and employ. ofsuch party. T he Sol lens contractual obligations, including warranty, shall not be deenned to be reduced, in any way, because such work is perforated or caused to be performed by the Purchser. 14. PATENTS. WIfur ever the Seller is required to use any design, device, mama) or process covered by letter, patent trademark or insight, the Seller shall indemnify and save hmmleu the Purchaser fmm any and all claims for infringement by reason of the use of such patmud design, device, material or process in connection with the contract, and shall indemnify the purchaser for any cost expense or damage which it may bo obliged an pay by reason of such infin,emen, i1 any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof Or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for line Purchaser the fight to continue tuing said equipment or pans, replace the same with substantially equal bur noninfrlrging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imolwa, or barr:mp,, make an assignment for the benefit of creditors, ap,i.t a manw, or uusme fm any of the Sellers property or business, this miler may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or She imerpremtion of the agreement and the rights of all parties hereunder shall be concerned under and governed by the laws of the Suite of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is m perform work M1crtwder, including the sorsoccomfSeRm Repres mutive(s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall car, oa said work el Sellers own ask ufall the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fonalud by ethers for installation or confirm by the Seller, the Seller shall malice, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment wort being fianishod by the Seller send, We order. 18. INSURANCE. The Seller shall, at his own expense, provide fin the payment ofwrrwas compensation, including ovempatiowl disease benefits, to its employees employed on or in connection with the work covered by this purchase coder, i nlfur 10 their dependents in accordance with the laws of the net, in which the work is to be done. The Seller shall also carry comprehensive general liability including, nut not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 fir any one person, 5500,000 I'ur any one accident and property damage limit per accident of $400,000. The Seller shall likewise ,quire his contract., if any, to provide for such compensation and insurance. Before any of the Sellers or his eoalrecmrs employees shall do any work upon the premise of o0fers, the Seller shell furnish the Purchaserwith a witiffcam that such compensation and insurance have been provided. Such wrtifcams shall speaify the date when such compensation and insumnee have been provided. Such certificates shall specify the dal, when such wmpensarion and insurance expires. The Seller agrees dot such compensation and insane shall be naiffamed unlit one, 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 damage, lass or injury orally kind or nature whensoever to Persons or property mused by or resulting fmm the execution of the work provided for is this pumM1ase order Or in connection herewid, The Seller will indemnify and hold hmmless the Purchaser end any r ill of the Purchasers officers, egmars and employees Be. and claim, any and all clainss, losses, damages, Charter or mpemes, whether direct or aaduact and whether to perfom or properly to which the Purchaser may be put or subject by reason of any am, action, neglect, omission or default an the Pan of the Seller, any of his onrmctars, or any of the Sellers or contmetars officers, agents or employees. In case any suit Or other proceedings shall be brought afair,, he Purchaser, or its options, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of has contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defens, thereof and to defend the same at the Sdires own expense, to pay any and all vests, charges, attorneys fin and mine, expenses, any part all judgmmes that may be informal by of obained agaim, the Purchaser or any of its of their .Ricers, agents or employees in well suits or other proceedings, and in case judgment an other lam be placed upon or obtained Opens? the pmpen, of the Purchaser, or said parties in or as a result ofsuch suits or offer 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 mks all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without inflation, the Occupntioful Safety and Health Act of 1970 and all mles and regulations issued pursuant final Revised 07nOi4