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HomeMy WebLinkAbout536990 RAIL BARGE TRUCK SERVICES INC - PURCHASE ORDER - 9143966Fort Collins PURCHASE ORDER PO Number Page 9143966 1of2 This number must appear on all invoices, packing sli s and labels. Date: 07/1512014 Vendor: 536990 Ship To: STREETS DEPARTMENT RAIL BARGE TRUCK SERVICES INC CITY OF FORT COLLINS 218 CORPORATE DR 625 NINTH STREET ELIZABETHTOWN KY 42701 FORT COLLINS CO 80524 Delivery Date: 07/15/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price t ORDER 41757-GATE OPENER/FRGHT 1 LOT LS 7,450.00 ref. email dated 7/7/14 per Trey hart Hydraulic Gate Opener - $6,800.00 freight - $650.00 total = $7,450.00 Dept: Streets Contact: Neal Jaspers 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 Total $7,450.00 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 stature the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502, Federal Exe6e Tax Exemption Cefii0cme of Registry 84-6000587 is registered with the Collecmr of Failure of the Purchaser to insist upon strict performance of the mates and conditions hereof, failure or delay m formal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any tights or remedies provided herein or by law, failure to promptly notify the Seller in be went of a breach, the acceptance of or payment for goods hereunder or approval of the design, squall not release the Seller of Goods Rejecmd. GOODS REIECTED due to failure to meet specificadom, either when shipped or due or defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereof or any of its right, or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the tam¢ Impedion. GOODS are subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in tespome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autboweed payment on the part of the City of Fort Collins. However, it is to be umkrstood that FINAL Seller and the Purchaser now Tim Char in actual economic pactim, m entroges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procdu se. violations art in fact home by the Purchaser. Theremfore,fonr good cause and as cm sidemfon for executing ths purchase order, the Seller hereby acsigps to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., ran Collins, CO 80522, unless acquired under federal or into antitrust laws for such overcharges relating to the promeadar good or services otherwise spccifid on this order. Ifpetmission is given an prepay fight and charge sepmdely, the original freight purchased or acquired by the Powhader pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS - ShipmentDlscuss,WTeremanufaccorers have distributing points in arnme, pans of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or defective goods by a date as be agreed upon by the expected from the neatest distribution point to destination, and excess freight will be dductd from Invoice when Purchaser and the Seller, and the Seller thereafter indiates its inability or unuillfngness m comply, the Purchaser shipments art made from grata income. may cause the work m he performed by be most expeditious means available to it, and gave Seller shall pay all costs acaocimd with such work. Pmnits. Seller shall procure at sellm sole cost all accessory permits, cerrificata mad liceasses requital by all applicable laws, regulations, onlivnees and rules of the state, municipality, territory w political subdivision where be work is performed, or required by any other duly compound public authority having jurisdiction over the work of r-do,, Seller fuller agrees to hold the City of Fon Collin haranlws from and against ell liability and lass incumnal by them by orison of an assened or established violation of any such lax,, regulation, ordinances. roles and requirements. Auabernaitim. All pennies to this contract agree that the mpoembivn are, in fact, Four fide and possess full and romplate nobody to bind mid ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term and condition stated herein set fall and any mpplement ny or additional tern and condition annexed hereto or incorporated herein by reference. Any additional or different term and mMidon proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complem shipment to arrive on your promised delivery daze as noted. Time is of the essence. Delivery and performance ran, be eB'ened within the lime stated on the purchase order and be documents attached hereto. No acts of the Purchasm including, without formation, acceptance terrorist late deliveries, shall operate m a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, dive option of placing this order elsewhere and hold,., the Seller liable for damages Howevm, the Seller shall act be liable for damages as is result mf delays due to causes not mssonably foreseeable which am fevoad its reasonable control and without its fault of negligence, such acts of Gd, acts of civil or military authorities, govemmenal priorities, fires, strikes, flood, epidemics, wrors or rims provided Oat notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge tharof. In the event army such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable &swings, specification, samples an&or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in discriminator with sampled Bandar& for work of a similar nature. The Seller agrees to hold the publ aser harmless from any loss, damage or eeperse which the Puehnermay sufferer roam on account of the Sellers breach of evarmlmy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or Gulls arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable rananty provided by the Seller after the dam of acceptance of the goads fomishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wananty. Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties or gunminces, but such liability shall in no event include loss 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 Purchaser may make may changes Ira the reran, other then legal Iemn. inalmhop additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or writmn change order If any such change affects the amount due or the time of perfnnnance hereunde, an equitable adjustment ahall be mode. 6. TERMINATIONS. The Purchaser may at any time by weimmn change order, terminate this agreement as to any or sell portions of the goads then nest shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrom provided that the Purehner shall not be liable for any claims for anticipated profits ran the uncompleted portion of the goods andbr work, for incidental or consequential damages, and last no such adjustment be made in favor of the Seller with respect to any goads which arc the Sellers standard stock. No such h rmination shall relieve the Purchaser or the Seller of any of their obligations a, to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ndned within Ihirry, (30) days from the dam the change or termination has Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have hccn produced sold, delivered and famished I. smm compliance with all applicable laws and regulations to which the gods are subject. The Seller shall execute and deliver such documents as may be required to effect cr evidence compliance. All laws and regulation required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to Indemnify and held the Purchase, hvmless fmm sell costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with imh law. 9. ASSIGNMENT. Neither pony shall assign, trenfer, or convey this aided. or any monies due or to become, due hereum er without be prior writren consent of be offer posy. 10, TITLE. The Seller warrants full, clear all umnti icted title to be Purchaser for all equipment, manuals, sand items fumished to performc a of this agreement, free aced clear of any and all Item, restnn, cliareservmfon, sectary intent ancumes brencmad claims of others. The Seller shall it. the Purchaser and its contromors of any leer from all liability and claims of any nature reaching from the performance of such rod. This release shall apply sea m the event of fault of negligence of the pray releaud and squall extend to the directors, officers all employees ofsuch parry. The Sellds commensal obligation, including womenty, shall not be deemed to be reduced, in any posy becatue such work is pert d or caused no be performed byte Puachner. 14. PATENTS. Whenever be Seller is required to use any design, device, material or process covered by lane, patem, trademark copyright, the Seller shall indemnify all save Emmless the Purchaser fmm any and all claims for infri'mamt by reason of the use of such patented design, device, marerial or process in connection with the cOnmacl, and shall indemnify be purchaser for any con, expense or damage which it may be of hgd to Pay by reason of such infnagemrnr at any time during the prosecution or after the complexion of the work, In cone said equipment, or any pas thereof m the intended use of be goad. is in such .if held to contimm infregament and the use of said equipment or pan is enjoined, the Seller shall, al is own expend and at its option, either pmcme for the Purchaser be right to continue using said equipment or pans, replace be same with substantially equal but mainGnging equipment, or modify it so it becomes noninfnging. IS. INSOLVENCY. If the Seller shall become inolvent or bankmpt, make an assignment for be benefit of creation, appoint a receiver or trustee for any of the Sellers property or business, this under may foMwith be canceled by be Puchaser without liability. 16. GOVERNING LAW. The di finftfcas of terms used or the inter,mation of the agreement and be rights of all refif hereunder shall be rammed under and governed by the jars ofbe Some of Colomdo, USA. The following Additional Condition apply only in cases where be Seller has to perform work hereunder, including the services ofliellers Represeeattve(s), on the premises archon, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk anti) the same is folly completed and accepted and shall, in e of any accident, destruction or injury to the work and'oo materials before Sellers final completion and accordance, complete the work EI Sellers own exps. and m the satisfaction of the Pmchcia, When materials and equipment are famished by others for installation or erection by the Seller, be Seller shall receive, unload, sere roil handle same at the site and became responsible brother as though such materials andor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefits, m its employees employed an of in connection with the work coveted by this purchase order, sndbr to their dependents in accordance with the laws of the state in which be work is to be done. The Seller shall alm carry eonmrehensive general liability including bar not limited to, contactual and automobile public h.mility insurance with bodily injury and death limits of at least 5300,000 for my one person, 5500,000 for any one occident and property damage limit per accident of 5400,000. The Seller shall likewise require his ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of orders, the Seller shall famish the Pumhasu with a e nffcum that such compensation and insmance have been provided. Such certificates shall specify the date when such ompenerlon and insurance have been provided. Such comdficdes shall specify the date when such compensation and insurance expires. 'I he Seller agrees that such compensation and insurance shall be maintained One after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for day and ill damage, loss or injury crusty kind or nature wh owever to persons or property caused by or resulting from the execution ofthe work provided far is this purchase order or in connection herewith. The Seller will indemnify and hold hamlets the Purchaser and any r all of the Purchasers officers, agents and employees room and against any and all claim, losses, damages, charges or expenses, whether direct or tndirecL and whether to persons of propeny to which the Purchaser may Ire put tar subject by reason of any act, action, neglect, omission or default ran the pan of be Seller, any of law contractors, or any of the Sellers or migration officers, agents or employees. In case any suit or other proceedings shall be brought against be Pachaer, or its officers, agents or employees at any time on reactor or by mission of any act, cousin, reflect, omission or default of the Serer of any of his contmccrs or say of its or their officers, agents or employees in afor adid. be Seller hereby agrees to assume be defense beaver and to defend be same at the Sellers own expense, to pay any and all costs, changes arromeys fees and other expenses, any and all judgments that may be incurred by or obtained agatnrthe Pembina, or any of as or their officers, agents or employees in such nits or other pr emotha s, and or cad judgment or other Into he placed upon or obtained against the property of the Purchaser, or said panics in or as a result armada suits or other proceedings, the Seller will at mace cause the same to be dissolved and discharyd by giving bond or otherwise. The Seller and his coutrxron shall ail, all safety precaution, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard m safety Including, but wiUcut Ifm ffirim, be Occupational Safety sand Health An of 1970 and all roles and regulation issued pursuant &arch. Reyod 032010