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HomeMy WebLinkAbout430083 WEX BANK - PURCHASE ORDER - 9150125Fort Collins Date: 01/08/2015 Vendor: 430083 WEX BANK PO BOX 6293 CAROL STREAM IL 60197-6293 PURCHASE ORDER PO Number Page 9150125 70f2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 550,000.00 Fuel to cover the cost of all fuels and car washes purchased for fiscal year 2015. All fuel transactions must be recorded and billed via invoice or statement. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Blanket Order 1 LOT LS 10,000.00 Calwashes 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@fogov.com Total $560,000.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONIWAIVER. 98n 5O2. Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay he Internal Revenue, Denver, Colorado (Ref Colnmdo Revised Stories 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly unify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goad Rejected. GOODS REIECTED due or failure to meet sperifications, either whin shipped or due in defines of any of the warranties or obligations of this purchase order and shall our be deemed a vvayer of any right of the damage in transit, may be returned to you for credit and are not m be replaced except upon receipt of women purchaser to opium upon stria performance hereefor any of its rights or remedies as to any such goad, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall arty purported mil modifica man or recoups u pis of this purchase order by the purchaser operate as a w over of any of the terms Inspection. GOODS vie subject to the City of Fon Collins inspection on amval. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12, ASMG jlNT OF ANTITRUST CLALM6. autharimi payment on the pan of the City of Fort Collins However, it is m be understood thatFINAL Seller and the Pvlcdtamr meepire that in actual economic prenim overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipmms must be F.0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state woman laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased of acquired by the Purchaser pursuant to this purchase order. bill must accomprry invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the coamy, shipment is Vthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the newast distribution point to datinmon, and excess freight will he deducted from Invoice whin Puchaet and the Seller, and the Seller thereafter indicates its inability, or unwillingness to snappily, the Purch ser shipments are made from greater distance, may cause the work to be performed by the most expeditious mews avaladde to it, and the Sella shall pay all ants associated with such work. Permits. Seller shill procure at sellers vole win all necessary permits, cenifcater and licenses random by all applicable laws, regulations, ordinances and mlm of the state, municioody, rarities or political subdivision where The Seller shall release the Purchaser and its contractors of my her form all liability and claims of any nature the work is performed, or required by my other duly constituted public authority having jurisdiction over the work resulting form the performance of such work. of vendor. Seller further agrees to hold the City of Far Collins harmless from and against all liability and loss incurred by them by reason of an amend or established violation of my such laws, regulations, ordinances, mles This release shall apply even in the event of fault of negligence of the parry released and shall extend to the and requiremmss. directors, officers and employees of such patty. Authonamion. All parties to this contract agree their the representative me, in End, bona fide and possess fall and snmplese i mtheon, to bind said parties. LIMITATION OF TERNS, This Purchase Order expressly limits anceptmce to the terms and conditions mated herein set fortr and my supplementary a additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different etms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dare u noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anached hereto. No etas of the Purchasers includin& whimor lima rion, acceptance of partial late deliveries, shall operate m a waiver of this provision, In the event of any delay, the Purchaser shall have, in addition to mthm legal andequitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes net reamnably foreseeable which are beyond its reasonable control and without its fault of negligence. such arts of God, acts of civil or military authorities, govemmmtal priorities, firm, suikes, fiaad epidemics, wars or not, provided that notice of the conditions causing such delay is given to the Parchesewithin five (5) days of she sh time when e Seller firm received knowledge thereof In the event of any such delay,the date of delivery shall be extended for the period equal or she time actually lass by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples major, other descriptions given, will be fit for the purlgses intended, and performed with the highest degree of care and competitive in w eordance with accepted sundmds for work of a similar nature. The Sella agrees in hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account offs a Sellers bract of wmram, The Seller shall replace, repair or make good, without cost m the purchaser, my defter, or faults arising within one (1) year or within such longer pmod of time as may be prescribed by law or by the terms of any applicable wartanry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not 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 awaiverofary claim under this warranty. Exceptasotherwiseprovided InthisyurOh eorder,the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bin such liability shall in no event include loss of pmfiu or lass of use. NO MPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by writen change order. 5. CHANGES IN COMMERCIAL TERMS. The Prochaver may make any changes to the terms, other Nm legal Oman, including additions so or deletions from the quantities originally ordered in the specifications or drawn, by verbal or wmmrs change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may at any time by wrinen change order terminate this agreement as to my or all portions of the goods ohm cos shipped subject to any w,mmle adjmm ad between the Tactics as 10 any work or materials then in progress provided that the Purchaser shall not be, liable for my clam, for anticipated profits con the uncompleted portion of die good .Nor work for incidental a consequential damages, and slut m such adjustment be made in favor of the Seller wish respect to my goods which are the Sellers standard stock. No such ietntination shill relieve the Purchaser or the Seller of my of their obligations as to my good delivered hereunder. ]. CLAIMS FOR AD311STMENr. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wanws that all good sold hereunder shall have been produced, sold, delivered and famished in saw compliance with ill applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documens as may be required to effect or evidence compliance. All laws and regulations required m be untrammeled in agreemms of this character are hereby incorpomed herein by this reference. The Seller agrees he indemnify and hold the Purchaser harmless from ill cons and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the poor writtenconsent aNei other parry. 1O. TITLE, The Seller romans full, clear and mresmicted title m the Purcd rom for all equipment mamnals, and items famished in Performance of this agreemml free arW clear of my and all limns, restricrioau, reservations, secants interest encumbrances and claims of.thas, The Sellels marnatual obligations, including warranty, shall net her deemed in be reduced, in my way, because such work is performed or caused to be Performed by the Purchaser. W PATENTS. Whenever the Seller is required to use my design, device, manned or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save hamles the Purchaser form my 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 my cost, expense or damage Which it may be obliged to pay by nation of such infringement at any dine during the prosecution or after the completion of the work. In case send equipment or my pm 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 enjoined, the Seller shalt at its own expense and at its option, either procure for the Purchaser Nei right m continue in, said equipmmt or parts, replace the same with substantially Meal but noninMnging equipment or modify it so it becomes neninMnging. IS. INSOLVENCY. If the Scller shall become insolvent or bankrupt make an assignment for the bvrefir of creditors, appoint a receiver oman r muter, for y of the Sellers property or business, this order may forthwith be crowded by the Purchaser whom liability. 16. GOVERNING LAW. The definitions of tams used or the i ompretarion rf the agreement and the rights of ill Fames hereunder shall be construed ender and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cues where the Seller is to perform work herewder, including the services of Sellers Representation,), on the premises of othes. 17. SELLERS RESPONSIBILITY. The Seller shall carry on sad work at Sellers own risk until the same is fully completed and accepted, and shall, n cure of any accident destruction or injury to the work and/or matrnals 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 famished 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 and/or equipmmt were being famished by the Seller under the order. 18. INSURANCE. The Seiler shall, at his on extorted, provide for the payment of workers mmperswion, including ocru,scom ad disease benefits, to its employees employed on or in comecton with the work covered by this purchase order, andor to their dependents in accordance with the laws of the mate in which Nei work is m he done. The Seller shall also carry comprehensive gvaml liability including, but not limited or commetual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for my one person, SSOQOUo for my one accident and ppem damage limit per accident of 1400,000. The Seller shall likewise require his cm contractors if my, m provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall be my work upon the premiss of others, the Seller shall famish the Purchaser with a cemficate that such compensation w l insurance have been provided. Such ceru races shall specify the date when such ompensation and insurance have been provided. Such certificates shall specify the daze when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintaned mtil after the ore work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumss the men, responsibility and liability for my and all damage, lass or injury of any kind or nature whatsoever to persons or prmany 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 my or all of the Purchasers officers, agents and employees form and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by remain of my apt action, neglect, omission or default on she pan of the Seller, my of his contractors, or my of the Sellers or commomas officers, agents or employee. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agms or employee at my time on account or by teasm of my act, action, neglect, omission or default of the Sella of any of his contraction or my of its or their officers, agents or employee as aforesad, the Seller hereby agrees m assume the defense therenf and to defend the same a the Sellers own expense, to pay my and all mice, charges, anomeys fees and other expenses, my and all judgmmrs thin may her incurred by or obtained manst the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in ewe judgment or other lim be placed upon or obtained against the proper, of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his commuters shall take all safety precautions, famish and install all guard necessary for the prevention of wcidens, comply with all laws and regulations with regard to safety including, but without limitation the Occupational Safety and Health Act of 1970 and all Ncs and regulators issued pursuant thereto. Revised 072O14