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HomeMy WebLinkAbout446423 SJW TRUCKING INC - PURCHASE ORDER - 3214397Fort Collins Date: 05/30/2014 Vendor: 446423 SJW TRUCKING INC 11083 HWY 14 AULT CO 80610 PURCHASE ORDER PO Number Page 3214397 lots This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 05/30/2014 Buyer: JOHN STEPHEN 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 2014 CONTRACTUAL 1 LOT LS PER TERMS AND CONDITIONS OF BID 7355 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 10,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By slamte the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 u mginteml with the Collector of Intemal Revenue, Denver, Colorado (Re(. Colorado Revixd Staotn 1973. Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due a failure to meet specifications, either what shipped or due to defects of damage in tmma, may h ramrod to you for crtdlr and are not to be replaced except .,. reec,pI of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City OfFort Collins inspection on arrivel. Final Acceptance. Receipt of the merchandise, services or equipmatt in response to this order can result in authorized yaymcnt on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all.,litablu re,tird inspection procedures. Freight Tens. Shipments must be F.O.R., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522. unless othewise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill cost accompany invoice. Additional charges fofpacking will not be acceptod. Shipment Durance. Where manufacturers have distributing points in various pans of the country, shipmem is expected from the nearest distribution point to dcztiration, and excess freight will be deducted from Invoice when shipments are made from Greater distance. Permits. Seller shall procure at idlers sole cost all necessary Fermis, cenificams and licenses required by all applicable laws, regulation, amirance and roles of the state, municipality, mnimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agree to hold the City of Fort Collins harmless from it again, all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and raui ments. Authorization. All parties to this common agree that the representatives ire, in fact, bona fide and possess full and complete authority to load said putica LI,MTATJON OF TERMS, This Purchase Order expressly limits acceptance to the terms and condition super herein set form and any supplementary or additional ¢,cos and condition annexed hereto or incorporated herein by reference. Any additional or different tents and conditions proposed by teller are satiated to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedlately if you canna, make complete shipment in artive .a your promised delivery date as noted, time is of the essence. Delivery and palbnnance most be effected within the time stated on the purchase order and the documents attached hereto. NO acs of the Purclusers includin& without limitation, anttplanm of partial late deliveries, shoo.panne as a waiver of this proviso... In the eon, of arty delay, the Purchaser shall have, in addition m other legal and modd, remedies, the option of placing this ome, elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a remlt of delays due to causes a., rmwnably fenesecable which art beyond its reasonable control and without its fault of negligence, such acts of Gad, arcs ofcivil Or military aallian es, governmental priorities,ones, stnkes, Good, epidemic, wars or nuts provided that notice Of the conditions causing such delay is given it) the Purchaser within five (5) days .f the time when the Seller post received knowledge thereof. In the except of any such delay, the dam fdelivery shall In, extended for the period ry.I I. be time actually Ira, by reason arm delay. 3. WARRANTY. The Seller winner. er. that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compter c, in accordance with accepted xwaI for work of a similar nature. The Seller agree to hold the purchaser harmless from any lass, damage or expense which the Purchaser may salter on incur an ...wont of the Sellers breach of wanrenty, The Seller shell replace, repair or make goad, without cost is, the Purchaser, my defects or furls arising within one (1) ymr or within such longer perind of time ms may h prescribm by law or by the terns of any applicable warranty p r vidd by the Seller after the date of acceptance of the gross fumished hereunder (acceptance nor to be unreasonably delayd), resulting farm imperial or defective work done or materials famished] by the Seller. Acceptance Or use of goods by the Purchaser shall not osuitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase omer, the Sellers liability hereunder shall expand to al I damages proximately cased by the breach of my of the rotational, warranties or gmmntees, but such liability shall in no neat include loss of profits or loss of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Porchner may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any cla nges in the terms, otter than legal terms, including additions to or deletion from the gtan[ities originally ordeml in the speeiric om. or drawings, by verW l or written change omer. If any such change afree%the amount due or the lime of performance hereunder, an equimble ndjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by wrinen change order, terminate this agreement as to any or all portions of the goad then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided but the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good andnor weak, for incidental or mttxqu omal damages, and that no such adjhment be made in favor of the Seller with respect to any good which ate the Sellers standard! stock. No such termination shall paliee the purchaser or the Seller army.( their obligations as to any good delivered hereunder. S. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, cold, delivered and fumished in strict compliance with all applicable laws and regulation or which the good arc subject. The Seller shall execute and deliver such documents as may be required W effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby imearpromcd herein by this reference. The Seller agrees to indemnify and hold the Puchaser 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 acsip, tmrtsfer, or craves this at or any monies due or to become due hereunder without the prior watten consent of the other Pansy. 10. TITLE. The Seller warrants full, clear and unrestricted title W the Putcbner for all equipmrnt materials, and items burnished in Performance of this agreement, free and clean of any and all liens, maneuvers. reservations, xcudry, moment mound raven and claims of mhem ILNONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to eany rights m or reedies provided herein or by law, failure to Promptly notify the Seiler an the event of a branch, rancbe acceptance of., paymm, for goods bare —clear or approval of the design, shall not release the Sella of any of the wamtntia or obligations of this purchase order and shall not be doemd a waiver of any night of the p imhattr to insist upon scrim performance hereof or any of its rights or remedies as W any such gwds, regardless of when shipped received or accepted, as to any prior err subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the NoOlor er operate as a waiver Of my cribs terms hereof. 12. ASSIGNMENT OF AM'ITRUST CLAIMS. Seller and the Purchaser reeognin that in actual monmic Practice, overcharges resulting from antitrust violations me in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the paniculur goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconf ing or defnavc goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter uniforms is inability or unwillingness to comply, the purchaser may cause the work to be, perforated by the most expeditious means available to it, and the Seiler shall pay all casts associated with such work. The Seller shall release the Purchase, and its contractors of my tier from all liability and claims of any name resulting farm the vrformanm of such work. This release shall apply an am in the n'am of fault of negligence of she by relaxed and shall expand to be direct.., officers and employees of wxh party. The Seller's commctual obligations, including warranty, shall not be devoted to be reduced, in any way, because such work is performed or entsed to be performed by the Purchaser. IL PATEMS. Whenever the Seller is raquird to use any desipp, device, rsterial or process covered by kmcr, patent trademark or copyright, the Seller shall indemnify and save hamdass the Purchaser from any and all claims for infingement by reason of the use of such patented design, device, material or process in connection with the contract, and shall eademnily the Purchaser for any vast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or my part thereof or the intended use of the good, is in such suit held 1. ..runt, arrangement and the use of said cgpi,mm, or putt as enjoined, the Seller shall, at its awn e.,. era at its option, either procmc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially enrol but noninGnging equipment or modify it wit becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or mume for any of the Sellers property or business, ,his order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The defnitions ofterew used or the interpretation of the agreement and the rights ofell panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in access where the Seller is or perform work hemtWder, including the services of Sellers Repreummive(s), oa the premises of otters. 17. SELLERS RESPONSIBILITY, The Sella sMll carry on said work at Sellers own risk until the same is fully mmpletd and accep[ed, and shall. in case army accident destruction nr injury W the work anchor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. Wben materials and equipment are fumished by Others for installation or station by the Seller, the Seller shall receive, unload, store and handle same at tad site and become responsible therefor in though such materials andtor equipment were being S fished by the Sell. under, the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benaf6, to its employees employed on or in connection with the work covered by this purchase Order, anchor to their dependents in accordance with the laws Of the scone in which the work is to be done. The Seller shall also carry comprehatsive general liability including, but not limited W. communist and automobile public liability inaumhme with bodily injury and death limits of at leas S3o0,000 for any one person, S500,000 for my one accident and procerry damage limit per accident of 5400,000. The Sella shall likewise retain, his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of olhers, the Seller shall famish the Purchase, with a cedificam that such compensation and maunmee have been Provided. Such ceniticales shall specify he date when such compensation and insurance have been Provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees but such compcntsrmon and imurame shall he maintained until after the attire weak is completed and actpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the more responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oRcars, .gents and employees from and against my and all claims, losses, damages, charges or expaa s, whether direct or indirect, and whether to persons or property to which the Purchaser may h put or subject by mawm of any act, action, negleeL omission or default on the pate of the Seller, my of his ontrators, or my of be Sellers in connowtorea officers, agents or employees. In arm my suit or other proceedings shall h Fraught .,or. the Purehown, or its.lEcers, agens or employs at.1 time on aerosol or by reason of any cot action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the deface thereof and to defend the same at the Sellers awn expense, to pay my and ail cos, charges, womrys fees wit other expenses, any and all judgments tat may be incurred by or obtained against the purchaser or my of its or their officers, agents or employees in such suits or other prxeadings, card in cue judgment or other lim be placed upon of obtained against the property of the Purchaser, or said panics in or n a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and dischargd by giving bond or othenwite. The Seller ad his contractors shall take all safety Prmamian, famish and install all guards accessary for the prevention of accidents, comply with all laws and regulations with regain to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued Forward thereto. Revised (Un(HO