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HomeMy WebLinkAbout446423 SJW TRUCKING INC - PURCHASE ORDER - 3215083Fort Collins Date: 01/09/2015 Vendor: 446423 SJW TRUCKING INC 11083 HWY 14 AULT CO 80610 Delivery Date: 01/08/2015 Note: Line 1 2015 CONTRACTUAL Description PURCHASE ORDER 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&cgov.com I PO Number Page 3215083 1012 This number must appear on all invoices, packing sli sand labels. I Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Buyer: luantity UOM Unit Price Extended )rdered Price 1 LOT LS 5,000.00 Total $5,000.00 Pay terms net 30 days I 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. COMMERCLALDETABS. Tax exemptions. By satum the Ciry, of Fort Collins h exempt from smtemnd local bears. Our Exemption Number is H-NONWAIVER. 98-04502. Federal Excise Tax Exemption CMifam of Regain, 84fi000587 is negimad with the Collector of Failure of the pert,+ +to insist upon strict andran trace of the tomes and modicem hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or rtmWies Provided herein or by law, failure an promptly rectify the Sallie in the occur of a branch, the meeptance ofer payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in men specifications, either when shipped or due to defects of any of the warranties or obligations of this purcham order and shall nor be deemed a waiver of any eight of the damage in transit, may be rumored to you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon snip performance hereof or any of its rights or remedies m an any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oval modification or rescission of this purchase under by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection an..rival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rupoae to Nis order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual aromatic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required impartial proceduva, violations are in fact tome by Me Purchase. Theretofore, for goad muse and as consideration for executing this purchase ondc. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B. City of Fiat Collins,'/00 Wood SL, Fort Collins, CO 80522, unless acquired under federal Or sale armareat laws for such overcharges relating to Me Particular goods or services otherwise specified on this melee. If permission is given to prepay freight and charge separately the original freight purchased or acquired by the Purchase( pursuant to this purchase order. bill exam accompany invoice. Additional charges for picking will cat be excepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Fears in various pans of the country, shipment u If Me Purchaser directs tee Seller to comma nommfoming Or defective good by a date to he agreed upon by Me expected form Me nmmat distribution point to destination, and excess freight will be deducted from Invoice when Purchaer and the Seller, and the Seller thereafter indicares its inability or unwillingness ro comply, the Purchaser shipments arc made from greater dumnee, may cause the work to be performed by the most expeditious morass available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall pone... at sellers sale cast all necessary pewits, adificnres and licenses required by all applicable laws, regulations, ordinance and vales fthe tram, municipality, territory or Political subdivision where the work is performed, m required by any other duly constituted public authority havingjunwiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamden from and against all liability and loss incurred by them by town of an assured or established violation of any such Ines, regulations, ordinances, rules and requirements. Authoritarian. All parties to this contract agree that Nc representatives are, in fact, bona fide ad possess full and complete authority an bid said parties. LIMITATION OF TERMS. This Purchase Order capmssly limits acceptance to the tells and conditions staid herein set forth and any supplementary or additional mars and conditions mnexd hereto or incorporated herein by reference. Any additional or different tells and wditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou 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 ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, m addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall nor be liable for damages m a result of delays due to tames not reasonably foreseeable which art beyond its reasonable control and without its fault ofnegligence, such mu of God, arts ofclvil or military authorities, governmental practices, fires, sales, flood, epidemics, was ar cots provided Ma, entice of the caddions arcing such delay is given to the Pueclamer within five (5) days of Me time when Me Seller fuel mailed knowledge therm[ In the evmr many such delay, the date of relivay shall be extended for the peed equal ro the time actually lost by eeama of the delay. 3. WARRANTY. The Seller warrants that all grads, articles, mammals ad work covered by this order will conform with applicable drawings, speci0cations, samples andtar other desniptiom given, will W fit for the Impairer intended, and performed with the highest degree of arc and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from may lass, damage or expense which the Purchaser may Buff or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ar make goad, without cost to the pumhame, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tenses of any applicable vammnry, provided by the Seller after Me date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed, vaulting from imperfect or defective work done or materials fum6hd by the Seller. Acceptance or use of goods by the Purchuer shall net constitute a waiver of any claim under Nis warmny. Except as otherwise provided in this pumhnse order, the Sellers liability herewder shall extend to all damages proxlmamly roused by the branch of any of the foregoing wamnties or gumamem, 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 snake changes m legal tee by wool change order S. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, other Jun legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Purchaser may at my ome by written change ordeq nominate this agreement m to any or all podium of Me good Men not shipped, subject to my equitable adjunment be,wem Me parties as to my work or materials then or progress provided Ma, Me Puachser shall not be liable for my claims for anticipated profits m the uncampleed portion of the good and/or work, for incidental or mnsaqumtial damage, and that an such agreement be made in favor of the Seller with impact to my good which are Mc Sellers standard stock. No such termimtion shall reliance Me Parsenchasser at the Sella army oftheir obligations as to my goods delivered hereunder. T. CLAIMS FOR ADPJSTMENT. Any claim for aidencent most be asserted within thirty (30) days from Me dam Me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations an which Me goods arc subject The Seller shall execute and deliver such documents s may be required to effect Or evidence compliance. All laws wit regulations required to be ncorpomtd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase hamless from all costs and damages sufficed by the Purchaser as a mod, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall auign, confer, Or come, this order, or my movies due or to become due herewder without Me prior wainen summer ofthe other party. 10.TITLE. no Seller warrants full, clear and unrestricted tine as Me Purchaser for all equipment, Modenals, and items fumishd in pabrmance of this agreement, fare and clear of my and all liens, restrictions, mervatiom, savory interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance fsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oIcen and employees of such party. The Sellers command obligations, including warranty, shall not be domed on be reduced, in any way, because such week is perfomd or caused in be pod amd by the Purchaser. 14. PATENTS. Whenever the Seller is "Moss m use any design, device, macnal or process covered by Frain Final, landmark or copyright, the Seller shall indemniy and save haamleas the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, eapenre or damage which it maybe obliged to pay by rcasan of such infringement at any time during the prosecution or ape, the wer,lnum of the work. In can said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoind, the Seller shall, at its awn expense and at its option, either prevent for the Purchaser the right to cominn using said equipment or parrs, replace Me same with substantially equal but coordin Ling equipment, Or muddy it so it becomes noninfringing. 15. INSOLVENCY. If din Sella shall become insolvent or badmpt, make on asignmem for the bemfet of creditors, appoint a acelear Or tausme for any of the Sellers property or business, Nis order may foMwith be anrueld by the Ptmhscr without liability. 16. GOVERNING LAW. The definitions oftener used or the interpretation ofdm agreement and the rights of all From, hamunder shall Im consorted under and governed by the laws of the Sate ofColmodo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completd and accepted, and shall, in se of any accident, destruction or injury, to the work and/or mmerials before Sellms final completion and acceptance, complete the work at Sellms own expense and to the satisfaction of the Purchaser. When mmmals and equipment art Buddhist by others for installation or erection by the Seller, the Sella shall receive, unlasd, share and handle same at Me site end become responsible Matefm as though such nateriaf and/or equipment wort being temishd by Me Seller make the coda. 18. INSURANCE. The Sell,, shall, in his own expense, provide for the payment of workers compensation, including occupmieml disease benefits, to its employees employed on or in connection with Me work covered by this purchan order, wd/or to their depcndcnts is accordance with the laws of the state in which the week is to be done. The Seller shall also nary comprehensive general liability including, but not limited to, commercial and aummobile public liability insurance with bodily injury and death limits of at Icon, S300,000 for any one person, $500,000 for any caccident vad property damage limit pa recidea of g400,000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contmemrs employees shall do any work upon the premises of others, the Seller shall famish the Pumhaver with a marificam that such compensation and insurance here been provided. Such moifivems shall specify the dam when such compensation and m urance bane been provided. Such certificates shall specify Me dte when such compensation and immune expires. The Sella agrees Mal such co ni emotion and insurance shall be maintained until ma Me ..mire work is compled and seemed 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the entire responsibility and liability for any and ell damage, I. Orr injury of any kind thb a whatsoever to persons m Property, caused by or resulting( Me camaton ofbbe wwork,pProvidedfor in is purchase order or in connection herewith. The Seller will indemnify, and hold harmless Me Pmcnaur and my or all of the Punchssers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirm, cad whether to Persons or property to which the Purchaser may be put or subject by reason of any act, action, ncglar, omission or default an Me pan of the Seller, any of his ontactors, or any of Me 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 account or by carom of any act, notion, neglect, omission or default of the Seller of my of his contractors or any of its or their offers, agents or employees as aforesaid. Me Seller hereby agrees to assume Me defense thereof and to defend Me same at the Sellers awn expense, to pay any and all costs, changes, anomeys fans sd other experues, any and all judgments that may be incund by m ebfimd e,let Me Perch see or any of its or Moir officers, agents or employees is such suits or other procedings, and in case judgment m other had be placed upon or Obtained against the property ofthe Putchsa, or said Parties M Or as a result ofsuch suits or other prochddi Me Sella will in once muse Me same to be dissolved and discharged by giving herd or othervtitt. The Seller and his contracmrs shall sake all safety, prcmtims, f uh had ustall all guard oaesary for Ne pmentim of ecidents, campy with all Laws cad regulations with regard to safety including, bat witbout limitation, Me Occupational Safety and Health An of 1970 and ell vales and regulator issued pursuant Milan. Revised trial 14