Loading...
HomeMy WebLinkAbout432047 ALL PHASE RESTORATION - PURCHASE ORDER - 9150215PO PURCHASE ORDER 915021 Number Page City of PURCHASE 9150215 1 of z ' `t Collins Ins This number must appear ` v ` on all invoices, packing sli s and labels. Date: 0111312015 Vendor: 432047 ALL PHASE RESTORATION 7355 GREENRIDGE RD UNIT C WINDSOR CO 80550 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 20,000.00 Misc. Labor/Materials cover the cost of miscellaneous labor/materials for fiscal year 2015. All deliveries shall be made upon request of City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 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 He City of Fort Collins is exempt from site and local faces. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tom¢ and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly ends, the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval off, design, shall not release He Seller of Goods Reject. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon short performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported "— oral modification or rescission of this purchase order by He Purchaser opemte as a waiver of my of the moms Inspection. GOODS are subject to the City effort Collins inspection on naval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase, Theretoforenfo'r good cause and as consideration for executing this purchase order, the Seller hereby assigns m the Parchaser any and all claims it may now have or herrafter Freight Terms. Shipments must be FOB., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state consumer laws for such Overcharges relating to the particular goods or services otherwise specified on this order, If pemmiaslon is given to prepay weight and charge separately, the original freight purchased or acquired by the Northeast pursuant to this purchase order. bill must awanownv invoice. Additobl choices for packing will not be oriented. Shipment Distance. Where manufacturers have duration, points in varime, pads of the country, shipment is expected from the nearest distinction point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole teal all necessary Formats, certificates and licenses required by all applicable laws, regulations, ordinances and roles of Or comm, municipality, territory or political subdivision where the work is pedormed, or required by any other duly constimled public authority having jurisdiction over He work of vendo, Seller Will was to hold the City of Fort Collins harmless from and against all liability and loss raw ed by them by reason of an awned or established violation of any such ]Was regulations, ordinances, roles incurred nd requirement. Authorization All parties to this counter agree that the repremnmivw are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set Each and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional a, diff rent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you 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 sated on the purchase oNer and the documents attached hereto- No acts of the Porehasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver or this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable Wo odies, the aptian of placing this order ekewM1ere and holding the Seller liable for damages. However, He Sells, shall not be liable for damages as a result of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, govemmenal priorities, fires, mikes, flood, epidemics, wars or nuts provided Oat 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 be extended for the period equal to fie time actually lost by reason ofma delay. 3. WARRANTY. The Sell,, warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and performed with the Itighest degree of care and competence in accordance with accepted standards for work of a milar blur. The Seller agrees to hold the purchaser Fraud., from any loss, damage or expense which the Purchaser may suffer or incur on woman ofthe Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any deficits or End, arising within one (1) year or within such longer permit of time as nay be prescribed by law or by the terns ofany applicable warranty provided by the Seller after the date of acrepfnee of the goods famished hereunder (acceptance not to be u-eaaonably delayed), reaching from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not onstibe 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 proximably eausrd by the breach of my of He foregoing warranties or gw ffl es, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purebaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to He terms, other than legal terns, including whine ore to or deletions from the quantities onglndly odered In the specifications or drawings, by vWal or wOomn change order. If any such change affects the amount doe or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The barcherser may at any time by written change order, terminate this agromment as to any or all portsof the goads than not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Progress provided that the Purchaser shall nml be liable for any claims for anticipated profts on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect a any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their Obligmions as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mart ha asserted within thirty (301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which He goads are subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required to b, ncorporated in agreemens i f this character are hereby manipulated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlets from all casts and damages sublimed by the producer m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither partly shall assign, vansfer, or convey this oNer, or any monies due or to become due hereunder without the prior written consent ofthe offer party. 10. TITLE. The Seller warrants full, clear and constricted title to the Purchaser for all equipment, forecasts, and items fmished in performance of this agreement, free and clear of any and all Here, restrictions, reservations, security interest encumbrances and claims of others 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indeares its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and He Seller shall pay all costs associated with such work. The Sella shall release the Produce, and its contractors of my bar from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of the Fatly released and shall extend to the directors, officers and employees of,.M1 pang. The Seller's commercial obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to br performed by the Purchaser. 14. PATENTS. Whenever He Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Sella shall indemnify and save harmless fie Purchaser Sam any and all claims for infringement by reason of the use of such patented design, device material or process in connection with the contract, and shall indemnify the Purchaser for any cost, 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 goods, is in such suit held m constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its aptian, either position, for the Purebaser the right to continue using said equipment or pans, replace the same with substantially equal but rmnlnGngin, equipment, or modify it so it becomes a mention , 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment fir the benefit of madaim, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions ofterms used or the intmoration ofthe agreement and the rights of all panic hereunder shall be construed Order and govemed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where He Seller is to perform work hereunder, including the services of Sellers Representltive(s), on the premises ofoWers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk writ He same is fully completed and accepted, and shall, in case of any accident, destruction or injury m the work wthor materials before Seller's final completion and acceptance, complete the work at Seller's own expenae and to the satisfaction of the Puchnser. Whb materials and equipment are Pomished by others for installation or erection by tha Seller, the Seller shall receive, wload. store and handle same at the site and become responsible therefor as though such -Owing, author equipment were here, famished by the Seller under He oNer. I S. 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 He work covered by this purehase order, and/or to their dependents in accordance with the laws of He sate in which the wont is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, commercial and amomabile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall branch the Purchaser with it ceni&are that such compensation and insurance have been provided Such certificates sM1all specify the date when such compensation and insurance have been provided Such combine, shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and harmonic shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and (lability for any and all damage, loss or injury of any kind r nature whosoever to persons or property caused by or resulting from the execution arms work provided for in this purchase order or in cabochon herewith The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which He Purchaser may be put or subject by reason of my act, action, neglect, omission or default on He pan of the Seller, my of his contractors, or any of the Sellers or containers officers, agents or employees. In came any suit or other proceedings shall be brought against the Purchaser, or its others, agens or employees at any time on Ycowt or by mason of any act, action, neglect, omission or default of He Seller of any of his contactors or my of its or their oRc sex. agoals or employees ns aforesaid, He Seller hereby agrees or assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all basis, charges, attorneys fees and other expemes, any and all judgment, that may be incurred by or obtained against the Purchaser or any of its or their officers, agorrs or employees in such auto or other proceedings, and in case judgment or other lien be placed upon or obtained against he propary of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and dischargM by giving band or otherwise. The Seller and his contractors shall take all safety precautions, Flmish and install all guards necessary for the prevention of accidens, comply with all laws and regulations with regard to safety includin, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulamers issued pursuant Hereto. Revised 07h2014