Loading...
HomeMy WebLinkAbout536990 RAIL BARGE TRUCK SERVICES INC - PURCHASE ORDER - 9142639Fort Collins Date: 05/09/2014 Vendor: 536990 PURCHASE ORDER RAIL BARGE TRUCK SERVICES INC 218 CORPORATE DR ELIZABETHTOWN KY 42701 PO Number Page 9142639 1of3 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: 05/09/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase quote - replaces unit #42028 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 model 2450 Portable Belt Conveyor reference quote as follows: -model 2450 - $73,000.00 -Diesel Power (66hp John Deere) - $13,500 -Four Wheel drive - $4,500 -Stainless Steel Duct Collector- $8,500 -Hydraulic Vibrator - $1,600 -All Stainless Steel conveyor - $12,500 -Stainless Steel Pulleys & Shafts - $4,500 -Freight estimate - $7,800.00 Total = $125.900 Please include owner manual and maintenance/ service manual Dept: Streets Deliver equipment and documents to: Fleet Services Shop 906 W.Vine Fort Collins, CO 80521 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 Fart 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 125,900.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914263er Page City of PURCHASE 9142639 2 of 3 F6r} Collins This number must appear �—`J-' ` ` 1 1 on all invoices, packing �slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contact: Ian or Eric ph# 970-221-6613 ifs gfj:lii 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 3 of 3 I. COMMERCIALDETAIIS. Tax exemptions. By snatch, the City of Fort Collins is exempt from store and level razes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifirme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hones( failum or delay to Internal Revenue, Denver Colorado (Ref. Colorado Revised Sen.,. 1973, Chapter 39-26, 114 (a), ex ear any rights or remedies provided herein or by law, failure so promptly mtify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval office design, shall not release rise Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due 1. defects of any of the warranties or obligations of this purchase order and shall not be deemed a waive, of any right of me damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written pmchoserto insist upon strict performance hereaforanyofiu' rights ormusedies as to any such goods, regardless connections from the City of Pan Collins. of when shipped, received or accepted, at, to any prior or subsequent default hereunder, nor shall any retrained oral modification or rescission of this purchase order by rise Purchaser operate as a waiver of any of the mormi Inspection. GOODS are subject to the City OfFed Collins inspection on Wrival. hereof, Final Acceptance. Receipt of the mercbandim. verGO, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized Raymond on the from of the City of Fort Collins. However, it is to be undemood that FINAL Seller and the Purchaua recognize shot in second commarric pedice, mercharges resulting Dom aotitrua ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure, violations are in fact Some by the Purchaser. Theretofore, for goad cause and az consideration for executing this Rochester order, the Seller hereby acsigm in the Purchosa any and all claims it may now have or hereatfer Freight Terms. Shipments must be P.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or slate antitrust laws for such overcharges relating in the pmticular gaols or services otherwi,e specified on no. order. Upermission is given to prepay freight and charge epoemly, the original freight purchawd or acquired by the Purchaser pursuant in this purchase Omer. bit must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. When mannGdwers have distributing points in various puns of the country, shipment is expected from the nearest distribution point to deoncition, and excess freigln will be dedaclad from Invoice when shipments are made from greamr distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and Imetnes required by all applicable laws, regulations, ordinances and rules of fe state, municipality, temtory or political subdivision where the work is Performed, or required by any other duly camdimted public vuthoriry havingjurisdicrion over the work of vendor. Seller funkier agrees to hold the Cry of Fon Collins harmless tram and against ell liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ominsnces, pules and term menus. Authounalio u All ponies to this contract agree that the representatives arc, in fact, bona fide and possess full and omplcm authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits nccclmncc a the terns and coadni ow sided bcrein at forth and mry supplementary nr additional terms and conditios annexed hereto or incorporated herein by refcrence. Any additional or different tents and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of Ne emer.— Delivery and perfrmance, mull be efTected within the time stated on Ne pucluue order mod the documents attached hemm. No acts of the Purchasers imitating, without limitation, accepfanre of tesmal late deliveries, shall operate as a waiver of Nis provision. In Ne event ofany delay. ,he Parcham, shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hova veq the Seller shall net be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable conval and without its fault of negligence, such nets of God, acts of civil or military authorities, governmental priorities, fires, "fees, flood, epidemics, wars or riols provided that notice or the auditions causing such delay is given to the Purchaser within five (5) day¢ ol'the firm when the Seller first received knowledge thereof In the rotor of any suds delay, the data of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warents Nat all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sompls andor other descriptions given, will be fit for the purposes intended, and perforated wish the highest degree of can and competence in accordance with accepted standard for work of a similar aware. The Seller agrees to hold the purchaser hamilm from any loss, damage or expense which the Nominee may sufferer incur on account of the Sellers breach of warmdny. The Seller shall replace, repair m make good, without cost 10 the purchaeq any defects or faults arising within one (1) year or within such larger paned or time as maybe prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from improved or defective work done or materials famished by the Seller. Acceptance or mar of good by the Purchaser shall ,Or constitute a waiver ofany 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 of any of the foregoing wwant,. or guarantees, but such liability shall in no event include loss of profits or lass of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchcsa may make changes to legal morn by omman change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal norms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal ar written cheap order. If any such change streets the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Panions of the goods then not shipped, subject to any equitable adjustment b omen the ponies as to my work or materials then in progrtss prodded that the Purchaser shall not be liable for any claims for anticipated profits on rise uncompleted Portion of the goods andor work, for incidental or consequential damages, and that an such mijustmenl be made in favor of the Seller with defacer to any good which are rise Sellers standard track. No such nomination shall nelieve the Purchaser ot fe Sella of any ofrheir obligations. co any good delivered hereunder. 'I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered said famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute end deliver such documents as may he required m effect or evidence compliance. All laws and regulations depared to be mompoemd in agreemen6 of fin character art bereby incmpo.led herein by this reference. The Sella agrees m indemnify and hold the Purchaser hammleas form all costs and damages suffered by the Ponhaur as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mdnsf r, or convey this or or any monies due or to become due heeunder without the pd., wrinen eocsent of not other party. 10. TITLE. The Seller warrants full, clear and unrestricted title or the Purchaser for all equipment, materials, and items famished n performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of esters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nnnconfrming cur defective gcode by a date to be agreed upon by the Purchaser and the Seller, and the Seller theme er indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the moo expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall mime the Purchaser and its connectors of any Tier from all liability and claims of my mture resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall exmod to Ne directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maler.1 or process covered by lamed patent, trademark or copyright, the Seller aball indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, mmenal or process in connection with the crammer, and shall indemnify the Purchaser for any m,, expense or damage which it maybe obliged to pay by reason ofsuch infringement at any lime during the Prosecution or after the completion of the work. In rase mid equipment, or any pan thereof or the intended use of the goad, is in such suit held m constitute infringeman and the use of said equipment or pan is enjoined, fle Seller shall, al its own expense and al its option, either procure for the Puehazer the right to continue using said equipment or not replace the same with substantially equal but mminfn'nging equipment, or modify a so a becomes Wainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefil of creditors, appoint a receiver or harder, fur any of the Srllers popery or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of,,. pound or the imeryretation of the egmermarm and the riPhis of all ptrties hereunder shall be mcseued under and goveme l by Ne laws ofthe State ofColondo, USA. The following Additioal Conditions apply only in cases where the Seller is to perform work hereunder, including de services of Sellers Repremi tative(s), on she premises of other 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, a of any accident, destruction Or injury to he work and/or materials before Seller's final completion and acceptance, complete the work at Seller's 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 at the site and become responsible therefor as though such materials ardor quipment were being burnished by she Sella under she order. 18. INSURANCE. The Seller shall, at his own calmest, provide for fe summer of workers compensation, including accupafiaml disease benefits, to its employees employed on or in connection with rise wnh covered by this purchase order, and/or to their dependents in accordance with the Iowa of the stare in which fe work is to be done. The Seller shall also carry comprehensive gene.] liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person. $500,000 for any accident vad property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to Wovide far such compensation and insurance. Bef re any of the Sellers or his contractors employees shall do any work upon the premises of odsrs, the Seller shall (mush the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have faced provided. Such certificates shall specify the date when such compensation end insurance expires. The Seller agrees that such co rrummion and insurance shall be mainuinN until after he amino work b completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby savors the entire rmponsibiliry and liability for any and all damage, loss or injury of any kind or nacre whamorecr no persons or property caused by or resulting form me execution of the work provided for in this purchase order or in connecion herewith The Seller will indemnify and hold harmless the Purchaser and any at all of the Purchasers officers, agents and employees from and atrial any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by nation of any act, action, neglect, onfix, a n or default W the on. 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 sceound or by reason of any act, ration, neglect, omission or default of me Seller of my of his communism or any of its or their officers, agents or employees as aforesaid, the Sella hereof agrees to assume the def fereof and a defend de came. the Sellers own expense, to Pay any and all corn, charges, ..me, him and other experts, any add all lodgments Out may be houred by or obairuct egxims, the Purchaser or any of its Or their otficars, agents or employees in such suits or other proceedings, and in ease judgment or other lien h placed upon or obmwed panics, he property ofilm Pwchaur, or mid panic in or res a It of such its or other proceefrgs, the Seller will at once came the same to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall take all safety precamians, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therdu. Revised 03R010