HomeMy WebLinkAbout480231 GREASE MONKEY #888 - PURCHASE ORDER - 9140146 (2)Fort Collins
Date: 11/25/2014
Vendor: 480231
GREASE MONKEY #888
2626 S TIMBERLINE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9140146 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: 01/07/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Blanket Order addendum
add - 11/24/14
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
1 LOT EA
1,400.00
Pay terms net 30 days
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
1. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fan Collins is exempt from state and Ircal taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption CeniEcam of Registry 84-6000587 is registered with the Collector of
Failure of the Functions, to insist upon strict performance of the tents and conditions hereo4 failure or delay he
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smbuus 1973, Chapter 19-26, 114 (a).
exercise any rights or mrnedio provided home. m by law, failure to promptly notify the Sella in the ,at of a
breach, the mcepmnce of or payment for goods hereunder or approval offl a design, shall not micam the Sella of
Goad Rejected. GOODS REJECTED due m failure to meet specification, either when shipped or due sa defects of
any of the warmntiw or obligation of this purchase order and shall rat be deemed is waiver of my right of the
damage in transit, may be resumed m you for credit and are not to be replaced except upon r,eipl of written
pumhaur to insist upon robot Performance hamfor any units rights or remedies as to any such good, regardless
instructions from the City of Pon Collins.
of when shipped, recclved or accepted, as to any Prior or subsequent default beteunda, nor shall any paryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms
Inspection. GOODS ere subject m the City of Fart Collins inspection m arrival.
hermf.
Final Acceptance. Receipt of the metchatMise, smzes or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autlmtaval payment on ode pan of the City of Fro Collin. However, it is to be understood that FINAL
Seller and the Purchaser magnim that in actual monomic practice, overcharges mounting from antitrust
ACCEPTANCE is retention upon completion of all applicable expired inspection procedures.
violation am in fact bums, by the Purchases. Themofore, for good cause and n conidemtim for executing this
pmhase order, the Sella hereby assigns to the Purchaser any and all claims it may many have or hereafter
Fieigf Tenn. Shipments must be F.O.B., City of Fiat Collins, 200 Wood Sa, Fan Collin, CO 80522. unless
acquired under federal or state antitrust laws for such overcharges relating 1n the Particular good or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by Ibe Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional changes far Parking will not be accepraL
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points in various Fens of the country, shipment is
I fthe Purchaser directs ode Sella to correct nonconforming m defective good by a date to be agreed upon by the
expeded form the nmnwl distribution poi. to destination, and excess freight will be deducted fiom Invoice when
Purchaser and the Seller, and the Seller thept indicates its inability or unwillingmss to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expedition morn available to it, and the Seller shall pay all
as. asgi and with such weak.
Permits. Seller shall proton, at sellers sole cost all accessary permits, certificates and annms required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is permed, or required by any other duly cansrimted public authority having jurisdiction over the work
of vendor. Seller fume agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of oa ...anal or established violation of any such laws, regulations, ordinances, ivies
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, horn fide and possess full and
complete authority to bind said ponies.
hlMfrA'I'ION OF TERMS. This Purchase Order expressly limits acceptance a the terms and condition stated
herein set forth and any supplementary or additional terms and conditions annexed herao or incorporated herein by
reference. Any additional or di lfercnt toms and conditions propused by sells arc objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall opemm as a waiver of W s provision. In life event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the .,no. fpI.cm, this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays
due m causes rat r....My foreseeable which art beyond its command, ..I and without its fault of negligence,
such acts ofGal, acts ofcivil or military authorities, governmental priorities, finis, strikes, Baal, epidemics, wars or
nuts provided that notice of the conditions causing such delay a given 1n the Purchaser within Eve (5) days of no
time when the Sella first received knowledge thereof In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually last by reawn of Ore delay.
J. WARRANTY,
no Sell, warrants that all good, articles, materials end work covered by this order will conform with applicable
drawings, specifications, samples and/or other &,wriptions giver, will be fit for the purposes intruded, and
performed with the highest degree of cart and competence in non rdance with accepted standarts for work of a
imilar name. The Seller agrees to hold the purchaser hvmless from my loss, damage or expense which the
Purchaser may suff, or inmr on account of the Sella brach of warranty. The Seller shall replace, count or make
good, without cost to the purchaser, any defects m faults arising within me (1) year or within such longer period of
time as maybe prescribed by law or by the to. ofany applicable warmly provided by the Seller after the date of
acceptance of the good furnished hereunder (acceptance not m he unreawnbly delayed), resulting form imperfect
or defective wok done or materials furnished by ode Seller. Acceptance or use of good by she Purchaser shall not
constitute a waiver of my claim under this wamdnry. Except n otherwise Provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximaely caused by the breach of any of the foregoing warenties
or guarentms, but such liability shall in no went include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pardoner may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the levers, other than legal terms, including additions to or deletions from
the quentities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change uReds the mount due or the time of perfommnce boacmd, an equitable odjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to my or all Panama of the
goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in
progress provided that the Purchaser shall n.1 be liable for my claims for anticipated profits on Joe uncompleted
portion of the goads andmof work, for incidental or consequential damager, and that no such adjusment be made in
to. of ode Sella with rrspmt to any i aods which am the Sellers standard sack. No such temrrthation shall relieve
the Purchaser art the Seller ofany of their obligation. ra any goods delivered Encounter.
]. CLAIMS FOR ADJUSTMENT.
Any claim for ndjuslment must be assured within thirty (30) days Ira the date the change or termination is
ordered
H. COMPLIANCE WITH LAW.
The Sella warrml5 that all good sold hereunder shall have been produced sold delivered and famished in shin
compliance with all applicable laws and regulation m which the goods one subject- The Sella shall execute and
deliver such documents in may be required m effect or evidence complianm. All laws and regulations reported to be
ncmpomted in agreements of this character am hereby incorynramd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from ell coos and damages suffered by the purchaser as a .11 of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey ibis order, at any monies due or in become due heremder without the
prim wrium consent of the other party.
10. TITLE.
The Sella wammis fill, clear and umestriaed lid, to the Purchaser food anipment, materials, and it. famished
in perform a of this agre,nL and clear of my and all liews, resaictio s. reservations, smunry interest
mcumbmnccen
s and claims afothers.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my arum
vaulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of fie party accused and shall extend to the
drombo , affairs and employees of such pony.
The Seller's continental obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perforated or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required In use my design, device, material or provers ecveml by lamer, patent, trademark
or copyright, the Seller shall indemnify and ease harmless the Purchaser from my and all claims for infringement
by mason of the use of such patenrod design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended ere of the goad, is in such suit held to contribute infringement and the we of
said equipment or prat is enjoined, the Sella shall, at its owan expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but
noninfringing equipment, or modify it m it becomes mismanaging.
15. INSOLVENCY.
If the Sella shall become insolvent m hookups, make an assignment for no benefit of creditors, appoint is
receiver or tritium for my of the Sellers property at business, this order may forthwith be mounted by the
Purchaser without liability.
16. GOVERNING LAW.
The definition oftemu used or the interpentatim of the agreement and the rights of ell parties bereunder shall he
construed under and governed by the laws ofthe Sum of Colomdo, USA.
The following Additional Conditions apply only in taus where the Sella is m perform work heremder,
including ode usvicas of Sellers Representati e(s), on the From. ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry m said work at Sellers own rink col the same is fully completed and incepted, and shall,
in eau of my accident, destruction or injury to the wok maker materials before Sellers final completion and
acceptance, complete the work a1 Sellers own a.,. and to the satisfaction of the Parhas,. When mmmAx
and equipment art fumished by others for installation or creaim by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials mNor equipmml
were being furnished by to Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occuparican
disease benefits, to its employees employed on or in connection with the work covered by this purchase aide,,
ordain to their dependents in accordance with the laws of the seam in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, cantrra ode and automobile public
liability insurance with bodily injury and death limits of at lout S300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall 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 date when such
compensation and insurance have been provided. Such certificates shall specify life date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability f any and all damage, lass or injury ofany kind
or nature whatsoever to persons or property caused by m resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
cr all of the Purchasers alEcers, agents and employees from and against any and all claims, losses, damages,
harges or experses, whether direct or Werner, and whether 1r person or porpetty, to which the Purchaser may
be pm or subject by mason of my act action, neglect, omission or defult on the pan of the Seiler, my of his
contractors, or my of ode Sellers or contractors officers, agents m employees. In was my suit or other
prmcedings stall he bought against the Pmchas,, or its officers, agents or employees at my time on mcemt or
by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
thew officers, agents or employees n afomsaid, the Sella hereby nova to and me the defense thereof and to
defend the same at the Sellers own expense. 1. pay my and dal casts, changes, a meneys fees and other axames,
my and all judgments that may be incurred by or obtaiced against the Purchaser or my of its m met officers,
agents or employees in such mils or other proceedings. and in eau juronrnt or other lien be placed upon or
obtained against the pmperry of the Purchaser, w said pansies in or n a result of tech sums or other prmeal ngs,
the Sella will at one canto the same m be dissolved and discharged by giving bond or athenviu. The Sell, and
his contractors shall take all safety precautions, famish and imtall all guard necessary, for the pmention of
incidents, comply with all laws and regulations with regard to safety including, bar without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therm.
Raised 07Q014