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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9142922City of O'*'Fo_rt Collins Date: 05/22/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** PO Number Page 9142922 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 05/22/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Rolland Moore Crack Fill invoice 64257 dated 5/29/14 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 14,592.33 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 Fort Collins is exempt from sole and local taxes. Our Exemption Number is 11-NONWANER. 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 terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Matures 1973, Chapter 39-26. 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the Overflow, of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of wdnen Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, rebaolless instmetions Gem the City of Fort Collins. of when shipped received or accepted, as to any prior or subsequent default hereunder, nor skill any purported oral modification or rescission of this purchase order by the Purchaser operate as a wawer of any of the terms Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the memkindise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser Poognim that in wored economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc 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 bereafer Freight Tema. Shipmmas must be P.O.B., City of Fart Collins, 900 Wood Sty Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not ha accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If he Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point n destination, and excess fright will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply, the PumM1asm shipments are made from greater distance may cause the work to be perfrmed by the most expeditious means available or it, and the Seller shall pay all casts associated with such work. Permits Seller shall procure at sellers sole cost all roe scary permits, certificates and licenses required by all applicable Incas, regulations, ondmagers and talcs of the state, municipality, tenimry or poetical subdivision where The Seller shall releow the P... base, and it cantmetom of any it,, form all liability and claims of any namre the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss inc urred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, rates This release left apply even in the royal of fault of negligence of the parry released and and shall extend to the d requiremems directors officers and employees of each parry. Authonzation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties [.IMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional lemhs and conditions annexed human or incorporated herein by reference. Any additional or dilbrown terms and conditions proposed by seller are objected to and hereby rejected. 2.DELIVERY - PLEASE ADVISE PURCHASING AGFTDimmediately if you cannot make complete shipment to move on your promised delivery date as noted. Time is office e,wraw Delivery and performance must be effected within the time stated on the purchase Polar and the documents attached hereto. No acts of the Purchasers including, %about limitation, acceptance Pf partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser skill have, in addition to other legal and equmbla remedies, the option of placing flux order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a recoil of delays due m causes not reusonubly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofrml Pr military vuthon,ics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that ..live of the conditions crusing such delay is given to the Purchaser within five D) drys 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 egml to the time actual ly lost by reason of the delay. 3. WARRAN rY. The Seller warrants that all goods, articles, materials and work covered by this under will conform with applicable drawings, specifications, samples andew other descriptions given, will be ❑t for the puRoses intended, and performed with the highest degree of care and competence in accordance with accepted sundae& for work of a similar nature. The Seller agrees to hold the purchaser hamiless from any loss, damage or expense which the Purchaser may suffer m incur on account of the Sellers breach of wamavty. The Seller shall replace, repairormake good, without cost to the purchaser, any defects or f cilta arising within one (1) year m within such longer period of time are may be wase bed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the gonds flourished hereunder (Protective 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 sM1all not constitute v waiver of any claim under this waranty. 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 wwramm, or guarantees, but such liability shall in no event actude lass of profits 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. no Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qunntlfc, m,nally ordered in the sponificlums or drawings, by verbal or written change under. If any such change affects the amount due or the time ofpa[urmance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser y rot any time by carmen change aNeu mrrainate this agreement as to any or all prcci rn, of the goods then not shipped, subject to any equable adjustment between 0e pmies 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 portian of flue goods anchor work, for incidental or consequential damages, and skit no such adjusmtent b , made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dais the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents us may he required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of This character are hereby accelerated herein by this mfrence. The Sellef agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Seller warrants full, clear and ParrO rued title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, mdrm idm reservations, security animal encumbrances and claims ofouni The Seller's c.m arled obligations, including warranty, shall not be deemed n be redmed, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is enquired to use any design, device, material or process covead by letreq 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 p.retired design, device, material or process in connection with the caur met, 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 goads, is in such snit 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 the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but no unfdnging equipment, m modify it so it becomes mainfieging. 15.INSOLVENCY. If the Seller shall become insolvent m bankrupt, make an assignment far the benefit of credimrs, appoint a froviver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. Tire following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RepresentativEs), on the Premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarry an said crock al Sellers own risk until the x.me is fully completed and accepted, and shall, at c of any accident, destruction or injury n the work andor materials before Sellers final completion and andequipmcomplete iswad vt Sellersown expeon andct the satisfaction the Purchase,. bull When materials and equipment ere me .1 J by others for installation or erection r Me Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor ns though such materials ardor equipment werebeing famished by the Seller under the under. 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 the work covered by this purchase order, and/or to their dependent in accordance with the laws of the stale in which the work is to be done- The Seller shall also carry wmmehensive gvneml liability including, but not limited n, contractual and automobile public liability insurance with bodily injury and death limits of at lent $mft(o st for any one person, Moriwan for any one accident and properly damage limit per accident of $400,000, The Seller shall likewise require his unlran—, if any, to Provide for such compensation and insurance. Before any of the Sellers or his mnlradon employees shall do any walk upon the premises of others, the Seller shall furnish the Pufchaser with is conifers, that such compensation and insurance have been provided. Such certificates shall specify me date when such ompensation and insurance have been provided. Such ceinficmes shall specify the date when such compensation and insurance expires One Seller agrees that such compensation and insurance shall ha maintained until after the entire work is completed and steepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and ail damage, loss or injury of any kind thnature whatsoever to persons or property caused by or resulting from the execution of the work provided for in is purchase order or in connection herewith. The Seller will indemnify and hold harmless the Northwest and any or all of the Purchamrs officers, seems and employees from and against any and all claims, lasses, damages, charges or expenses, whehel direct or indirect, and whether to persons or property, I. which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, 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 his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees n assume the defense thereof and to defend the same in the Sellers own expene, to pay any and all cost, charges, atromeys fees and other expenses, any and all judgrnenrs that may be incumed by or obtained against the Purchaser or any of its ov their officers, agents or employees in such suits or offer proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suit or other 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 Pike all safety precautions furnish and insrall all guards necessary for the prevention of accident, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thrown. Revised 03/2010