HomeMy WebLinkAbout493404 CLEAR CHOICE ANTIFREEZE - PURCHASE ORDER - 9142085Fort Collins
Date: 04/14/2014
Vendor: 493404
CLEAR CHOICE ANTIFREEZE
9009 QUINCE ST # C
HENDERSON CO 80524
PURCHASE ORDER
PO Number Page
9142085 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04113/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Blanket Order
Misc. Parts
Cover the cost of miscellaneous parts for fiscal
year 2014. All deliveries shall be made upon
request of City Parts department only. All deliveries
shall be accompanied by an invoice or packing slip.
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
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@fogov.mm
1 LOT LS
7,000.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
11IMMIXMI10-TM-ol p el st
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax rxemprions. By statute Nc City of Fort Collins is exempt from state and ]rival taxes. Our Exemption Number is
98.404502. FWeml Excise Tax Exemption Calibrate of Registry M-6000589 is registered with $a Collector of
Inrmol Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in haterit, may b, retuned to you for coedit and are not to be replaced except upon receipt of women
instructions from the City of Fort Collins.
Inspection. GOODS urc subject 10 die City affair Collins inspection on intent.
Final Acceptance. Receipt of the merchandise, services or equipment in response, to this order can result in
authorized payment on the pan of the City of Fan Collim. However, it is to x understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable Required inspection accedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, I00 Wood St, Fan Collins, CO 80522. unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original (might
bill malt accompany invoice Additional charges for packing will not he accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distnburion point to destination, and excess freight will be deducted from Invoice when
shipments are made form Sierra dismiss.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses ralrired by all
applicable laws, regulmono, onlirences and mles of the state, municipality, territory or Political subdivision where
the work is performed or required by any other duly considered public authority having jurisdiction over the work
of vendor. Sella further agm. in hold the City of Fart Collins bawrl.s from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mica
and requimmea¢.
Aulhorieatimn. All panics to this contract agree that the repoaramoves are, in fact, bona Ede and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the rams and conditions stated
herein set forth and any supplementary or additional mom and conditions annexed herein or incorporated herein by
reference. Any additional or diffrent team and conditions proposed by seller are objamd 10 and hereby rejected.
2, DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery data as awled. Time is of fe esseae. Delivery it pert nice must b, aRccted wihin the time
soled on fe pumlax aide, and the dwumenls arched hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial line deliveries, shall operate as a waiver of this prommon. in the event of any delay,
the Purchaser shall have in addition to order legal and equitable remedies, fe option ofplacing this order elsewhere
and bolding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not rearembly foreseeable which are beyond its reasonable control and without its fault of negligence,
such cars of God, acts ofeivil or miliury authorities, govemmenal poonties, fires, strikes, flood, epidemics, wars or
nots provided that notice of the conditions rousing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall he
expended for the period aqua] m the time aetually lost by reason nfthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples maker other descriptions given, will be fit for the proposes intended, and
performed with the highest degree of care and competence N accordance with nominal standards for work of a
similar mturs. The Seller agrees to hold the purchaser hmmlaw fmm any lass, damage or expense which the
Purchow, may suffer or incur on ecc... I of the Sellers breach of waranty. The Sella shall replace, repair or make
good, willwal cost to the purchase,, any defects or faults arising within one (1) year or within such Imager penal of
time as may be pre ad em by law or by the mans of any applicable warranty provided by the Seller after the time of
acceptance of the good re fumished hereunder (acceptance not to be unreasonably delayed), resulting fmm impafect
or defective work done or materials fumished by the Seller. Acceptance or use of good by the Purchaser shall an,
constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing warranties
or guarantees, but such liability shall in no event include 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 women change order
5. CHANGES IN COMMERCIAL TERMS.
The Push wer may make any changes to the terms, ofer than legal terra, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or women change order If my such
change nhf a the amount due or the time ofperformance herwoo a, an equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any time by written change wide, terminate its agreement as to any or all pinions of Ne
good then not shipped, subject to any equitable outpouring hctwcen the parties m r any walk or materials then in
pmgress provided thm the Porrhasa shall all he liable for any claims for anticipated profits on phe wrcompleed
portion of the goods routine work, for incidental or consequential damages. rand that an such adjuument he made in
facer of the Sella with Respect to any good which art the Sellers standard stack. No such termination shall relieve
de Purchaser a the Seller ofany of Nei, obligations as m any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days from the doe the change or lamination is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such d«umrnts as may M required to effect or evidence compliance. All laws and regulations required no the
incorporated in agreements of this character are Rarity incorporated herein by this reference. The Sella 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 pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
poor walmn convent of the other party.
10, TITLE.
The Seller warrants full, clear and unrestdcmd title to the Purchaser for all equipment, materials, and items fumished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofolhcrs.
11. NON WAIVER.
Failure of the Putchazn to insist upon strict performance of the terms and ronditions hereof. failure m delay to
excrcise my rights or remedies pmvwd hem n or by law, failure to promptly rw ay the Sella in the event of a
batch, the araplance of or payment for goods hereunder or approval offs design, shall not release the Seller of
any of the wurantees or obligations of this pumhax order sad shall not be droned a waiver of any right of the
purchaser to insist upon must performance twomfor any of its rights m mmedies is to any such goads, regardless
of when shipped, received or accepted, m to any prior or subsequent default hereunder, our shall any puryorted
oral malification or rescission of this purchase order by the Porchmer operate as a waiver of any of the terms
hemof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recogo¢e that in actual acorns is practice, conrchmges resulting from antitrust
violations are in fact Rome by the Pumbear. Theretofore, far good come and as eomideraion for executing this
purchase call the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter
acquired under federal or sure antitrust laws for such mercharges relating to the particular goods or services
purchased or acquired by the Pmchaxr pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If pbe purchaser three¢ the Sella to correct nonconforming or defective good by a dam to be agreed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser
may cause Ne work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
the Seller shall release the Purchaser and its copra ins of any tier from all liability and claims of any nature
moulting from the performance ofsuch wodt.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch pain.
The Sellers matmetaal obligations, including wamanry, shall not be deemed to be allured, 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, material or process eavercl by [after, parent, trademark
or copynghl, the Sella shall indemnify and save harmless the Purchaser loom any and all claims for infongcment
by moom of the use of such painted design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged W pay by reason of such
infringentent many time during fe pmsmmion or after the completion of the work. In sax said equipment, or
any pan thereof or the intended use of the gnarl, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense cob set its option, either procure for the
Porehssa the Right to continue using said espripment or pans, replace the some with macerstudly ry.I but
rwninlHnging ex,uipmalt or modify it sec it becomes amninbingfng.
15. INSOLVENCY.
If the Sella shall bscoarc insolvent or Fomenter, nuke an aasigmrmnt for the benefit of creditors, appoint a
mariver or rospee for any of the Sellers property or business. This order may forthwith be canceled by the
Purehma without liability.
16, GOVERNING LAW.
The dcfnitiotts of termm used or the interpretation ofthe agreement and the rights craft panties hereunder shall be
coasboad under and,mmo ed by the laws of the Sure i fColomdm, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reprewmativr(s), on the premises ofothers.
IT. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until fe same is fully completed and accepted, and shall,
in x of any accident, decimation or injury to fie work maker materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fmlsbed by others for installation or erection by the Seller, the Seller shall receive, unload,
stare snit handle same at the site and become msponsible therefor m though such mamriels ardor cy.i,.rat
were being fumished by the Seller under the order.
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 no in connection with the work covered by this purchase order,
malmr to their dependents in accordance with the laws of the mile in which the work is to be done. The Seller
shall also cart, comprehensive geaeml liability including. but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of or lean 5303,000 for any rim retain, 5500,000 for any
one accident and property damage limit Per accident of 5400,000 The Seller shall likewise require his
comments, if any, to provide for such compenaton and insurance. Before any of the Sellers or his contractors
employes shall do any work upon she premises of others, the Sella shall famish the Purchaser with a anifwre
that such compensation and insurance have been provided. Such anifimtes shall specify the date when such
compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compencention and insurance shall be mainamn! until after me
entire work is completed card accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes fe entire responsibility and liability for any and all damage, loss or injury of any kind
or name whatsclaw m pamrts or property caused by or resulting fmm the rxemim of the work provided for re
this pumhve order or in connector herewith. The Seller will wdemady and Mid harmless the Purchaser and any
r all of the Purchasers offews, agents and employees fmm and against any and all claims, losses, damages.
charges or expenses, whether direct or indirew, and whether to persons or property to which the Powherear 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 ase any suit o other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at wry 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 m aforesaid, the Seller hereby agrees in assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges,.,,arm s fees and other expenses,
any and all facilitators that may be incurred by or obuined against the Pmachaea or any of its or their oficers,
agents or employees in such suits or other proceedings, and in care 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 suits or other proceedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, finish and install all guard necessary far the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Harith Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03R010