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HomeMy WebLinkAbout543413 POWELL RESTORATION INC - PURCHASE ORDER - 9146295Fort Collins Date: 10/28/2014 Vendor: 543413 POWELL RESTORATION INC 6105 E 58TH AVE COMMERCE CITY CO 80022 PURCHASE ORDER PO Number Page 9146295 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/28/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1780 1 LOT LS Light & Power had to dig through Woodward Governor's project to install a duct bank. The work went through their contractor's stormwater BMP's and in order to stay in compliance, the work needed to be done quickly. Powell Restoration was on site and did the work quickly. They put in place straw mats (blankets) to hold the dirt down and help the grass and weeds to grow to help with sediment. 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 19,963.97 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. COMMERCIALDETAILS. Tax exempciom. By ,nonce the City of Fon Collins is exempt from amtc and local lases. Our Eumption Numberis 98-0 503. Federal Excise Tax Exemption Certificate of Registry 84-600058'/ is registered with the Collector or Interval Revenue, Denver, Colorado (Ref Colorado Revised Stmates 1973, Chapter 39-36,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defmts of damage in down, may be rttumed to you for credit and art not to be replaced except upon receipt of written instructions from the City airport Collins. Inspection. GOODS are subject to the City airport Collins inspection on arrival. Final Acceptance. Receipt of the machundise, services r equipment in response to this order can ratio it authorized Payment oa the an of the City of Fiat Collins. However, it is to be understood that FINAL AC'C17PI'ANCE is dependent upon completion of all applicable required inspection procedures. Freight land. Shipments must be F.O.B., City of Fon Collins, 900 Woad St., Fort Collins, CO 80523, unless otherwise specified on this order If permission is given to prep y freight and charge sepamMy, the original freight bill must accompany invoice. Additional chames for Packing will not be accepted. Shipment Distance. Where manufacturers have distnb ling pints in varour puns of the country, shipment is expected from the nearest distribution point to destination, Pad excess freight rill be deduced fund Invoice when shipments are made from greamr unquote, remain. Seller shall nature at sellers sole and all necessary permits, maintains and licenses required by all applicable laws, regulations, ordinances and rules of the some, municipality, temtory or political subdivision where the work is performed, or required by any other duly combined public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of pan Collins harmless fiom Pad against ail liability and loss incurred by them by reason of an asserted or esmblishd violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that aw representatives arc, in fact, bona fide and possess full and complete mnhomy to bind .,,it Paul,,. LIM)[A') ION OF TERMS. This Purchase Order expressly limits acceptance to the It., Pad conditions stated herein set fonb and tiny supplementary or additional lame and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected 1. DELIVERY. PLEASE ADVISE PURCHASB4G AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as coned. Time is of the esxmre. Delivery and performance must be effected within the time stated on the purchase adder add the documents attached them.. No acts of the Purchasers including, without turnaround, «adwase ofpnial late delivmes, shall electric as o waiver archaic pmsidw, in the event ofany delay, the Pumhwer shall have, in addition to other legal and aft iuble remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages in a card, of &days due to causes not damnably Favorable which art beyond its reasonable samod and without its fault ofnegligence, such acts ofGal, was ofcivil or military, authorities, go candental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall to extended for the period equal to the I{me actually lost by reason of thc delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, Nre,ifications, samples -We, other descriptions given, will be fit for the purest. intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. the Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur ma account of the Sellers breach of warmniy. The Seller shall o plae, repair or make good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of time ex may be prescribed by law or by the terms ofany applicable warranty provided by the Sella after the dam of acceptance of the good fun fished hereunder (acremance not to be umezmwbly delayed), resulting fmm onperfat or defective work done ar marmots banished by the Sella. Acceptance or use of funds by the Purchaser shall trot constitute a waiver of my claim under this wouni Except as otherwise provided in this purchase order, the Sellers liability mdwmkr shall extend an all damage proximately ..it by the beach of any of the foregoing warranties or procurement, but such liability shot in an rent include lass of profits m loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes m legal tense: by wmlrn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make Pay changes to the corms, other law legal norms, including additions to or deletions from Ibe Tratirics on ginally ordered in the spear henirns or doneings, by verbal o —ice. change order. If any suob change aR tls the amount due or the time ofperf ermance Iereunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may ar any time by wourn change peer, terminate this agreement as m any or all portions of the goad then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purelsea shall no, be liable for any claims for anticipated profs w the uncompleted portion of the goad arWor work, for incidental or consryuemion damages, and that do such adjustment be made in favor of the Sella with respect to any goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or dre Seller army of they obligations a to my goods delivered heremWe, 9. CLAIMS FOR ADJUSTMENT. Any claim far adjasmrns most be asserted within dany (30) days from the dome the change or Urmineian is normal 8. COMPLIANCE WITH LAW. The Seller w'utmn¢ flood all goods sold hereunder shall have been produced, solo delivered and fumkhed in shim compliance with all applicable laws and regulations,. 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 regulations rawmad to be incorporated in agreements of this chamcer no hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmlem from all costs and damages inflicted by the Purchase, as o an of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, Rim er, or convey this order, or any monies due or to become due heremder without he prior named consent afthe other party. 10. TITLE. The Sella wmmnts full, clear and umermicred title m the Purelsaer for all equipment, materials, and items Suraished in performance of this agreement (m and clear of my Pad all lien, ratieicess, resmatians, secunry interest encumbrance and claims ifedwn. 11. NONWAIVER. Failure of the Purchaser m insist upon stria paformmm of the terms anal condition harbor, failure or delay to exemse my rights or remedies provided herein or by law, failure an promptly notify the Sella in dre event of breach, the acceptance of or p ymrnr far goads berouder of approval of the design, shall not release the Seller of any of the warranties or obligations of this parehase order and shall not ho deemed a waiver of my right of the purchaser to insist upn strict performance hereof., any of irs rights or remedies as to Any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hertwder, nor shall any pu@oned card modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchase, Thectofam for pod cause and as consideration far executing this promise order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or spite antitrust laws for such overcharges relating to the particular goods ar services purchased or acquired by the Purchaser Forward o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct douronforming or defective good by a date to be agreed upon by the Purchaser and the Seller, ad the Seller thereafter indicates its inability or unwiilinppess to comply. the Purchaer may muse the work to be performed by the most expeditions mean available to it, and the Seller shall pay all costs axmtiated with such work. The Seller shall release the Purchaser and its corrosion of my tier fora all liability and claims of any name resulting now the performance of such word:. This release shall apply even in the event of fault of negligence of the parry released mod shall extend to the direcmrs, officers and employees ofsuch party. The Settees contractual obligations, including warranty, shall not be deemed no be reduced, in any way, because such wank is perforated or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or press covered by lever, 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 Isolated design, des ice, material or process in cowecion with the contract, nand shall indemnify the Purchaser for any cast, expense or damage which it may be obliged m pay by revwn of such infringement at any time during the Information or after the completion of the work. In case said equipment, or any Ilan thereof or the attended use of the goad, is in such suit held to consdmm infringement and the use of said equipment a part as joined, the Seller shall, at its own expense and at its option, either pro m e far the Purchaser the right to continue using said equipment of rya; replace the lame with substantially alual but noninfn'nging equipment, or modify it m it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become i.Iven, or baMrupl, make an assignment for the benefit of creditors, appoint a receiver or income for any of the Sellers property or business, this order may Forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation of the agreement and the rights of all parties her under shall be construed under and gestured by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreuntarr e(s), oa the premises afrobas. 17. SELLERS RESPONSIBILITY. The Sella nor curry on said work at Sellels own risk until don some is fully pimple rd and accepted, and shall, in se of my accident, destruction or injury to the work cadmor materiaB before Notes firul completion and acceptance, carmine the work to Seller awn expense and Id the sanisfactiw of the Purchase. When materials and equi nmen, are famished by others far installation or erection by the Seller, the Seller shall deceive, wdook spirt and handle mare at the site and become responsible thertfor as minutia such materials and/or equipment wart being fmished by the Sella undo the order. I S. INSURANCE. The Seller shall, in his own expense, provide for the pyment of workers compensation, including «cupotioml disease benefits, to its employees employed on or in correction with the work covered by this purchase order, ardor or to their dependents in ascordmc< with the laws of the state in which the work is to be done. The Seller shall also cony comprehensive general liability including, but not limited to, contractual and automobile public liability inoonarce with bodily injury and death limit. of at least $3m.A.0 for any one pennn $500,0091 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and u ii a e. Before any of the Sellor his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchmer with a ttnifcate that such compensation and Licurance here been provided Such c nificates shall specify the d re when such compensation and insurance have be. provided. Such cetifican s shall specify the date when such compensation and iaumon expires- The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and ««pled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby pis es the entire responsibility and lisbiliryfar any and all damage, lass or injury ofany kind or natum wlumanna W parmss or pmpety caused by or resulting from the exam ord of the work provided for in this purchase order or in correction herewith. The Sella will bound iry and hold harmless the Purchaser and any r all of the Purchasers allows, agent card employees from and agaves, any and all claims, losses, damaga, changes or expenses, whether direct or indirect add whether to person or propmy to which the Furchaur may be put or subject by reason of any act anion, neglect, omission or default an the pact of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit o other proceedings shall be bmugh, againsuhe Purchaser, or its officers, agat or employees at any time on account or by reason of any act, action, neglect, omission or defaul, of the Seller of any of M1b contractors or may of its or their officers, agents or employees as armorial, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorae n fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, opera, or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or a a result of such suits or other proceedings, the Seller will at once cause the lame to be dissolved and dischmgd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, f ish and install all gmrd necessary for the prevention of accidents, comply with all laws and regulations with inland to safety including, but without limiatian, the Occupational Safety and Health Act of 1970 and all must and regulations issued pursuant thrown. Revised 072014