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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9150341PO PURCHASE ORDER 9150341 Page City. of PURCHASE 50341 1 °f 2 ' `t Collinsr his number must appear V "' 1 on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " cis.. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Asphalt Repair Light & Power 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.mm 1 LOT LS 100,000.00 Total $100,000.00 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. COMMERCW.DETAIIS. Tox exemptions. By amide the City of Fan Collins t exempt form state end loom taxes. Our Exemption Number is 98-01501 Federal Excise Tax Exemption Candor a of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 1 A (a). Goods Rejected, GOODS REJECTED due m failure to men sped flumions, either when shipped Or doe to defecs of damage in transiS may be retumed to you for credit and are not to be replaced except upon receipt of written instructions form the City of Fort Collins. Inspection. GOODS are subject as the City of Fort Collins inspection oa arrival. Final Acceptance. Receipt of the merchandise, services or equipment in nzpamc to this Order can result in authorized payment on the port of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is depedrnt upon compleion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fred Collins, 700 Wood St., Fort Collins, CO 80533, unless otherwise specified on this order. If permission is given to prepay freight end charge separately, the miginnl freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have diumbuting points in various pats of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments art crude form greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and files of the sate, municipality, territory or political subdivision where the ..,it is performed, or required by any offer duly intentional public authority having jurisdiction over Ne work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, toles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions staled hamin set forth and any supplementary a additional tans end coalitions anneadd hereto or inampamted herein by reference. Any additional or different farms sal candidate, proposed by seller are objected to and hereby injected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you modal make complete shipment to attire on par - promised delivery date as noted. Time is offe essenre. Delivery and paformanre most be effected within the time amid on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitmina, acceptance of partial lute deliveries. shall operate as a waiver cargo. prevision. In the an of eny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due 10 wows not reasonably foreseeable which are beyond its reasonable control aml without its fault of negligence, such acts afGad, acts ofcivil or military authorities, gavemmenml priomies, fires, strikes, flood, epidemics, wars a 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 be extended for the period equal to the time actually load 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, samples andor other descriptions given, will be fit for the purposes intended, and p,irfomfd with the highest degree of care and competence in accordance with accepted standads for work Of a imiler nature. The Seller agrees in hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account order Sellers breach of warranty. The Seller shall replace, repair or make good, withod cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the W. of any applicable wtinanry provided by the Seller after the date of acceptance of the goods famished hemunda (accepcom not to be unreasonably delayed), resulting from imperfmt or defective work done or rmfarials famished by the Seller. Acceptance ar use of goods by the Purhaser shall duct constitute a waiver of any claim under this wanmfry. Except as otherwise pmvidd in this purchase order, the Sellers liability hereunder shall extend in all damages proximately mused by the breach of my of the foregoing warranties at guarantees, but such liability shall in no mend include loss ofpmGes or loss of ac e. 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 Drain. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rams, other than legal terns, including a1humss to or deletions from the quantities normally ordered in the specifications or drawings, by verbal o change order. If any such ue change affects the amount dOr the time of Eafor heave hereuold, an equitable adjustment djuent shall bma de. ade. 6.TERMWATIONS. The pumnaser may or any dime by —a— change under, termimme his agreement as many or all pertmm of On, goods then not shipped, subject to any equitable adjustment between the parties as m any work or.,coal, then N progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Imnion 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 any goods which are the Sellers standard stock. No such termination shall dilutive the Purchaser or the Seller of tiny of their obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim far adjnsrment must he ausared within thirty (30) dap from he dery he mange or mdminntion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Chad all goods sold hereunder shall have been produced, sold, delivered and famished in stet compliance wit all applicable laws and mgulations to which the good are subject. The Seller shall execute and deliver such documants as may be required to effect in evidence compliance. All laws and regulations rtquirtd to be ncomeracted in agreements of this character me hereby incorporated herein by this reference. The Seller 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 resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent offe other party. IRTITLE The Seller cameos bill, der and umafcted title to the Purchaser far all equipment, materials, and it. fttmuhed in performance of this agreement, free and clear of any and all limit. restrictions, reservations, as dity interest encumbrances and claims of ofers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of Ne rams and conditions hereof, failure or delay to exercise any rights or remedies Provided fordo or by law, failure to grumpily notify, the Seller in the event of a breach,h,themoepmnpe referpaymentof goads hereunder orad shall oft he design, shall not release fight Sellerof he any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right red the purchaser hi insist upon sad performance hereof m any of its rights Or remedies a to any such goods, regardless of when shipped, received io accepted as to any priory subsequent default tesai a we, nor shall any the t need oral modification or racivion of this purchase order by the Purchaser operate as a waiver of any of the tames hereof. 11. ASSIGNMENT OF ANfrfRUST CLAIMS. Seller and the Purchaser m'ogniu that in actual econernic practice, o ercharges resulting ham antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this pumhase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal a state antitrust laws for such overcharges relating to the particular goods Or vervicea purchased or acquired by the Purchaser pursuant m his purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Sella fxo after indicates its ivability or unwillingness to comply. the purchaser may cause the work to be performed by the most expeditions means available m it, and Ne Seller shall pay all caws associated with such work. The Seller shall releuc the Purchaser and its communities of any tier from all liability and claims of any refire ra ing from the paf mmmce af.db weak. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the directors, oDicers and employ. ofsuch puny. The Seller's contractual obligations, including warrunty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mamdal or process covered by le0eq grant, trademark or copyright, the Seller shall indemnify and save fr m . the Permhaser from any and all claims far infringenrcm by reason of the use of such patented design, device, material or process in connection want the contract, and shall indemnify the Pmchawr for any cast, expense or damage which it trey be obliged to pay by reason of such infringement at any time during due prose rtion or after the completion of fc work. In case said equipment, at any pan thereof or the intended use of the gods, is in such suit held ro muctione Infringement and the use of said equipment or pan 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 pads, replace the same with substantially equal but marrifringing aluipm<m, or modify it so it becomes naninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or hardkmpt, make an assignment for the benefit of coal mrs, appoint a receiver or trustee for any of the Sellers pmpedy or business, this order may forthwith be canreld by the purchaser without liability. 16. GOVERNING LAW. The definitions i f terms used or the interpretation offe agrcemrnr and Ne rights ofall parries hereadder shall he construed under end governed by the taus offe Stare i f Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representativeh), on the premises of ofers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sit own risk mail the some is fully completed and mamealL aal shall, in se, of any accident, destruction or injury m the work maker materials bet Shcets final completion add acceptance, complete the work ad Sellers own expense and to the satisfaction of Ne Pamhaser. When materials and equipment are fumishd by others for installation or erection by the Seller, far Seller shall receive, udood, store and handle some at the site and become responsible therefor as though such materials and/or equipment were beingf fished by the Seller under Ne under. 18.INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, Including occupational disease benefits, in in employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also curry comprehensive general liability imluding, but not limited to. contractual and automobile public limitary insurance with bably injury and &orb limits of at least S3 W,Mo for any one person E500,000 for any cam accident and property damage limit per accident of S40ft", The Seller shall likewise require his contractors. if any, to provide for such conapensarion and insurance. Belo¢ my or gm Sellers or his commemrs employees shall do any work upon the premises of ofers, the Seller shall famish the Purchaser wit a cmificam fact such compensation and insurance have been provided, Such rafficmes shaf specify the date when such compensation and insurance have been provided. Such cenificares shall trinity the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby susumes the entire responsibil by and liability for any and all damage, loss or injury of any kind retme whasoeva m persons ar pmpeny caused by or resulting from the execution of the work provided for in Nis purchase order or in cormeetion herewith. The Seller will indemnify, and hold homeless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, cradles or expenses, whether direct or indirect and whether to persons or properly to whim the Purchaser may be put or subject by mason of any act, action, deghd, omission or default on the port of Ne 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, agent or employees at my time on mcouat or by reason of any act, action, action, omission or default of the Seller of my of has contractors or any of it or fair officers, agent or employees as aforesaid, that Seller hereby agrees to assume the defense nterrof and m defend the same at the Sellers own expense, to pay any and all toss, charges, a0omep 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, agents or employees in such suits or other proceeding$, and in case judgment or other lien be placed upon or obtained against the property of me Purchaser, or said patties in or as a result of such ants or other proceedings, the Seller will at move cause the same to be dissolved and discharged by giving bond a otherwise. The Seller and his contractors shall rake all safety precautions, famish aM inaall all guards necessary for the prevention of accidents, comply with all Imes and regulations with regand to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ell toles and regWatiom issued pursuant thereto. Revised (Un014