HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 3215356Fort Collins
Date: 01/15/2015
PURCHASE ORDER
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
** CIS **
PO Number Page
3215356 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/15/2015 Buver: PAT JOHNSON
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Asphalt Repair
Light & Power
1 LOT LS
100,000.00
This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar
year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods
P,4
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
Total
Pay terms net 30 days
Invoice Address:
11NI111b1
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 amorphous. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certifies, of Registry, 84-W00587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colomde Revised Statutes 1973, Chapter 39-2(i I I4 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, moy be renamed to you for credit and are not m be replaced except upon mceipt of wrium
instructions from the City of Fort Collins.
houseian. GOODS are subject to the City of Fort Cellists imperfion on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response in this order an result in
authorized payment on the pan of the City of Forl Collins However, it is to ha understood that FINAL
ACCEPTANCE is dependent upon compknion of all applicable required inspection procedures.
Freight Tema. Shipments meat be F.O.B., City of Fort Collins, Too Wood Sr, Four Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufaaums have distributing points in ransom parts of the country, shipment is
expected from rise modest distribution point to deduction, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pmnits, certificates and licemes required by all
applicable laws, regulations, orditanas it rekes of the stare, mumicipaing, mdia, or political subdivision where
the work is Performed, or required by any other duly mnstiated public authority havingjmisdiction over the work
of vendor. Seller further agrees to hold the City of Pon Collins hamlms fmm and against all liability and loss
incur
red by them by reason of an wommed or uabllshed violation of any such laws, regulations, ordinances, tales
add requirements.
Authorization. All parries to this contract agree that he representatives are, in fact, bona fide and possess full oral
omplete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the is. and conditions sated
herein sea forth am any supplementary or additional If. as conditions sunexed herein or inaugurated begin by
refegnce. Any additional or different tams and conditions proposed by seller are objected f and hereby rejacfed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment'. house on your
promised delivery doe m noted. Time is of thc ess mor. Delivery and performance meat bee@neJ within the time
sated on the purebau order and the documents attached herein. No acts of rise Purchasers including, without
limitation, acceptance Of pminl late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall Love, 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 damage in a result of delays
due in wines not dwsonably foreseeable which are beyond its ..Me control and without its full of agh,aser,
such vets a(Gad,aca.fcivilmmilitary emhorities, governmental priaritics,f s, sWkea Rood, epidemics, waria
dots 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, rise rude of delivery shall be
extended for the period repast to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella wa rants that all grads, articles, materials and work covered by this order will conf re t with applicable
drawings, specifications, sample and/or other descriptions given, will be, fit for the patposcs intended, and
Performed with the highest degree of cart and competence in accordance with accepted standard for work of a
similar future. The Seller agora 0 hold the p.la. harmless farm any loss, damage or expense which Ne
Purolator my suffer inincur oa summit of the Sellers breach ofwnreanry. The Seller shall replace, depait or make
good, withom cost to the purchase,, any defects or faults arising within one (I) year or within such longer period of
time m may be prescribed by law or by the tams ofany applicable warranty Provided by the Seller after the date of
.Mt. of the good finished herenMa (acceptance not on be uraemonably delayed), resulting from imperial
or detective work done or materials famished by the Sella. Acceptance or use of good by the Purebasa shall not
imaging, a waiver of any claim under this warmary. Except as oherwis, provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanamms
or guarantees, but such liability shall in no event include loss ofpmfits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal from, by written change order.
5. CHANGES M COMMERCIAL TERMS.
The prominent may make any changes f the terms, other dun legal terra, including additions to or deltmom from
the quamitiex originally ordered in the specifiuti or drawings, by radial or wriner choose oMer. If any such
change affects the amount due or the time of perfrmance hereunder, an equitable adjustment shall be made.
b.TERMINAT10NS.
The Purchaser may a, any time by woman change oMea terminate this agree ent as many a all po.a. of me
good then not shipped, subject to any equitable adjustment between the parties in to any work or materials then in
progress Provided that me Purchaser shall not be liable for my claims for anorgatcd profits on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be male in
favor of the Sella with respect a any goods which art the Sellers standard stork. No such bargaining shall adieve
fie Purchaser or me Seller of any offeh obligation as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most br asserted within thing, (30) days from due date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been pranced, sold, delivered and fumisha in strict
compliance with all applicable lows aad regulations to which the goods are s ftjar. The Sella shall execute tab
deliver such documents as may be rtytdred to effect or evidence compliance. All laws and regulations gepuired to be
coryomted in agreements of this character are hereby incog warmd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all area and do.,. suffered by the Purchaser as a result of rkte
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall ossign, transfer, or convey this order, or any monies due or in became due hereunder without the
prior written consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and undamich title to fe Purchaser for all euipment. truterials, and items famished
In Performance of this agreement. free and clear of any and all liens. restrictions, nervations, security Interest
encumbrances and claims of others.
I I. NON WAIVER.
Failure of the Purchaser to insist upon shill performance of the terms and conditions hereof, failure or delay to
xany rights or remedies provided herein or by law, failure to promptly rectify the Seller in the event of a
bgach,the acceptame of or payment for goods hereunder or approval of the design, shall not reease the Sella of
any of the warranties or obligations of this pumhaa order as stall not be deemed a waiver of any eight of the
purchaser to imist upon strict performance hersofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any prgponed
real modification or rescission of this purchase order by the Purchase, operate as a waive, of any of do, dos
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser raognlze slut in aural economic practice, overcharges resulting from -of.'
violations ago in fact home by the Provision,Thereof ne, far goad cause and as comidemfion for esecating this
purchase order, the Seller hereby assigns to the Proxima any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaserpursmnt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchase, directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the
Purchase and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perfnned by the most expeditions means available to it, end fie Seller shall pay all
costs command with such work.
The Seller shall release the Puabmer and its contractors of any tier from all liability and claims of any neon,
resulting from the pert ante of such work.
This release shall apply even in the event of fault of negligence of the parry deemed and shall extend to the
directors, officers and employees of such Party.
The Sellers contractual obligations, including warranty, 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 ragral in use any claign, device, material a Process covered by lamer, patenr, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I 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 maybe obliged to pay by reason ofsuch
infringement at any time during the profession or a0m the completion of due weak. In case said equipment, or
any pan therm( or the intended me of the good, is in such suit held m consulate infringement and the use of
said equipment or pan is enjoined, rise Seller shall, at its own expense and at its option, either passage for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninMnging equipment, or modify it so it becomes mninfringing.
IS. INSOLVENCY.
If the Sella shall become insolvent or bar :rapt, make an assignment for rise benefit of creditors, appoint a
mrava or trusfee for any of the Sellers property or business, this order may fa mmods be canceled by the
Pluchmer without liability.
16. GOVERNMG LAW.
The definifirm ofterms med or the interpretation of the agreement and the rights of all parties hereunder shall be
onstmed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply ugly in taus where the Sella is to pert work hereunder,
including the services of Sellers Re aresentative(s), on the prcmism.fofers.
IT SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's owe risk until the same is fully completed and awpted, and shall,
in was of any accident, destruction or injury to the work valor materials before Sellers furl completion and
acePance, complete the work at Sellers awn expnse and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or emotion by the Seller, the Seller shall receive, unload,
stare and handle same al the site end become responsible therefor as though such mmmals aa/or, aaipmenl
were being fmished by she Sella under the order.
18. INSURANCE.
The Seller shall, at his oxen expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with fie work covered by this purchase order,
int m their dependents in accordance with the laws of the state in which the work is to be, done. The Sella
shall also any, comprehensive general liability inching, but not limited in, ..am[ [ had automobile public
liability insurance with bodily injury and death limits of al least S300,01m0 for any one pers.n, $500,000 for any
e accident and property damage limit per accident of $400,000. The Seller shall likewise require his
confifictors, if my, to provide for such compensation as insurance. Before any of the Sellers or his contractors
employes adult do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the dam whin such
compensation and insurance have been provided. Such moificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compenation and insurance shall be maintained until after the
.it. work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofine work provided for in
Nis purchase oMer or in connection herewith. The Seller will indemnify and hold harmless fe Paelasa sa any
t all of the Purchmers oMo.. agents as employees fmm and aguial any and all claims, losses, damages,
charges or expenses, whefer direct or indirect, and whether m persons cr pmpeny to which the Forchma may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, 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 Purchase, or its alEcers, agents or emplig as m soy fime on account or
by reason of any a, radon, neglect, omission or default of the Seiler of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agars to assume f< defense thereof and on
defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against she Purchaser or any of its or their officers,
agents or employers in such suits or other pmceedimgs, and in case judgment or other lien be placed upon m
obtained against fie property ofine Purchase, or said ponies w or as a molt of such suits or other proceedings.
fie Seller will in once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safay preconfirm. furnish and install all gumd necessary for the prevernmer of
accidents, comply with all laws arm regulations with regard to safety including, but withwt limitation, the
Occupational Safety ea Health Act of 1970 and cal rates and mumatiom issued pursuant ferefo.
Revised 07Q014