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HomeMy WebLinkAbout118790 TEAM PETROLEUM LLC - PURCHASE ORDER - 9140483 (2)Fort Collins Date: 09/26/2014 Vendor: 118790 TEAM PETROLEUM LLC PO BOX 1831 FORT COLLINS CO 80522-1831 PURCHASE ORDER PO Number Page 9140483 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 09/25/2014 Buyer: PAT JOHNSON N ote: Line Description Quantity UOM Unit Price Extended Ordered Price F Addendum to add additional funds per req. 48042 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 EA 4,000.00 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. COMMERCIALDETAILS. Tax exemptions. By stem the City of Fort Collins is exempt tram state and local fees. Our Exemption Number is 11. NONWANER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-600U587 is registered with the Collector of Failure of the Purchaser m insist upon strict pert arm, team and conditions hereof, failure or delay to Internal Revenue, Gave, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-36,114 (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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifcmions, either when shipped or due to dcfae of any of the warranties or O1th mions of this purchase Omer and shall not be deemed a waiver of any right of the coumnge in transit, may be reamed m you for credit and are not by be replaced mompt upon receipt of written purchaser to insist upon shift performance hacofr any of its rights or remedies as to any such goods, regamless instructions from the City of Port Collins of when shipped, received or accepted, ns to any prior or subsequent default hercander, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fort Collins inspection on unival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized Payment on the Prat of the City of Fon Collins. However, it is to be, understood tom FINAL Seller and the Pumhaser recognize that in count aromatic practice, o erchmges resulting tram antitrust ACCEPTANCE is dependent upon completion of all applicable required violation procedures. violations are in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase Omer, the Seller hereby assigns to the Forerunner any and all claims it may now have or heree0er Freight Terms. Shipments most be f O.B., City of Fort Collins, Too Wood St, Fiat Collins, CO 80523, unless acquired under federal or state unit., laws for such avemharges miming to the Samurai. goods or services, otherwise specified on this order. If pmnission is given to prepay freight and charge minimal, the original freight purchased or acquired by the Purchaser pursuant b this purchase order. bill must accompany invoice. Additional charges for parking will not to nominal 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mmnfacturers have distributing paints in us parts of the country, shipment is I file Purchaser directs the Seller to correct nonconforming or defective goods by a time to be agreed upon by the capaled from the nearest distribution point to destination, and excess broil will be deducted from Invoice when Purchaser and the Seller, and the Seller rhercafter indicates its inabilitymunwillingnessto comply, the Purchaser shipments are made firm greater distance. may cause the work to be pinformed by the most expeditious meana available m u. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses suited by all applicable laws, regulations, ominanca and roles of the sae, municipality, name, or political subdivision where Me work is perforated, or required by my other duly nominated public authority havingimisdetion over the work of vendor. Seller further agrees to hold the City of fort Collins harmless from and against all falsify and loss ncurred by them by reams of an asserted or established violation of any such haws, regulations, oidiom. roles Mid requirements. Authorimlion. All parties to this contract agree that the reprmenumnow are, in fact, bona fide and possess full and coundom..,bady m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited hacin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different mans and conditions proposed by seller are objected to and hereby rejected, 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immndiamly if you cannot make complete shipment to armor on your promised delivery date as noted. Time is of fie esacnce. Delivery and performance mint he aboard within the time stated on the purchase order and the documents reached hereto. No acts of the Purchasers including, without limitation, ncceptmce ofponial late deliveries, shill operate as a waiver of this provision. In the evert of any delay, the Purchaser shall have, in addition to other legd and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hoar ever, the Seller shall not he, liable for damages as a .all of delays due to causes not reasonably fresceable which arc beyond its reassemble control and without its fault of negligence, such acts of God, ac6 ofcivil or milifry auforities, govenm mat pfinrifes, fires, sakes, 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 time of delivery shall be extended for the period equal to the time mount ly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications somplrs candor other descriptions given. will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agoras M hold the purchaser harmless from any loss, damage or expense which the Purehmer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without trust in the punk r, any dollars or faults arising within arm (1) year or within such longer period of time as may ber prescribed by law or by the mmu ofarry applicable wor any provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not To b, unreasonably delayed), mar fling Imam imperial 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 in otherwise provided to this purchase order, the Sellers liability hercumder shall extend to all damages proximately caused by the breach of any of the foregoing wamunnes car Monaees, but such liability shall in no event include loss ofpmfits 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 m legal terme by writes change order. S. CHANGES IN COMMERCIAL TERMS. The Punchaer may make any changes to the mrrm, other than legal toter, including additionsor deletions from me q.an titiae ironically omered in the spalfimllons or drawings, by valid! or writ. chagcoma. If any such change affects the amount due or the time of performance hereunder, m equitable ad ferment shall be made. 6. TERMINATIONS. 'Ile Purchaser may at any time by written change order, terminate his ii mar ea as m any or ell portions of the goods than not shipped, subject to any equitable adjustment berween the parties as to any work or materials then in pra,ma provided that the Purchaser shall not be liable for any claims liar anticipated profits on the uncompleted portion of the goods and or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect To my goods which are Me Seller standard stock. No such nomination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. J. CLAIMS FOR AD3USTME IT. Any claim for adjusmrent must be evened within ddrty (30) days tram the date the change or termination is tiered. 8. COMPLIANCE WITH LAW. The Seller warrants thar all good sold hereunder shall have ben produced, sold, delivered and famished is stria compliance with all applicable laws and regulations to which the good me subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be morporated in agreements of this charueso, are hereby incorporated herein by this commove. Tie Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nation party shall assign, transfer, or convey this oases, or my monies due or ro factor, due haeunder without the prior wriman common ofthe other party. 10. TITLE. The Sella warrants felt clear and unrestricted title b the Purchaser for all apdpm.t materials, and items furbished in pert ance of this agreement free arW clear of any and all haws, restrictions, mobo m ace, security wens, encumbrances aad claims of offers. The Seller shall relearn the Purchaser and its conrraeors of any tier firm all liability and claims of any ..me resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the perry relessrd and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including wananry, shall not be demand to ho redured, in any way, becmrse such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required la use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by ream. of the use of such theard design device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may Is, obliged ro 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 rue of the grants, is in such suit held to co admire Mummified, and the use of said equipment or pact is inquired, nee Sella shall, at its own expense and at ins oprioq ribber procure fir the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bun noninMngiag equipment, or modify, it an, it becomes noniaGngin, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for Me benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions officers used or the man,m ation office agreement and the rights of all parties hereunder shall be construed under cod governed by the laws of the State oFC.I.d., USA. The following Additional Conditions apply only in cases when the Seller is to perform work hereunder, including the services of Sellers Repres.tanive(z), on the premises afoNers- 1 T. SELLERS RESPONSIBILITY. The Seller shall carry on said work on Sellefs own risk it the vine is fully completed aad accepted, cod shall, in u of any accident, deswaion or injury to the work Mai materials before Sellers final completion and acceptance, complete the work at Sellefs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same of the site and become responsible therefor as though such materials and/or equipment wine being hundred by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expanse, provide for the payment of workers compensation, including occupmioml disease beneftes, to its employees employed on or in connection with the work covered by this purchar order, arnNor m their dependents in accordance with the laws of the suite in which the work E m be done. The Sella shall also carry compreberuive gamml liability including, but not limited to, contractual vd automobile public liability insurance with bodily injury and death limits ofar least 5300,000 far any one persm, 5500,000 for any one accident and property, damage limit per accident of $400.05). The Sella shall likewise require his contractors, fifty, I. provide for such conformation and ins mince. Befn any of the Sellers or his cormacmrs employees shall do any work upon the premises of offers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such calffeates shall specify the date when such compensation and insurance have been provided. Such certificafs shall specify the date when such compensation and insurance expires. The Scller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller worry assumes the entire memnsibiliry and liability for very and all damage, loss or injury of any kind or mature whatsoever an Persons or property caused by or resulting from the execution ofhe work provided for in this purchase order or in commotion herewith. The Sella will indemnify and hold hmmless fire purchaser and any r all of the Purchasers aRcers, agents and employees from and against any cod all claims, losses, damages, charges or experem, whether direct or initial. and whether no person or profreay to which the Purchaser may be, put M subject by remain of any act, action, neglect, omission or default on the pot of the Sella, any of his comracui 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 to assume the defense thereof and to defend the same at the Sellers own expense, 1. pay any and all costs, charges, attorneys fees and other expenses, any and all judgm.0 that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien w, placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or offer proceedings, the Sellerwill an once cause the same to be dissolved and diaclowl by giving bond Or offensive. The Seller and his coordination, sbdl take all safety precautions, fruish and install all guard necessary for the prevention of incidents, comply with all laws and regulations with regard to vfety including. but without limitation, the Occupational Safety and Health An of 1970 and all rules and regulation issued pursumt therem. Revised Wait 14