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HomeMy WebLinkAbout480231 GREASE MONKEY #888 - PURCHASE ORDER - 9150089Fort Collins Date: 0110812015 Vendor: 480231 GREASE MONKEY #888 2626 S TIMBERLINE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9150089 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: 01/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Ordered Unit Price Extended Price Blanket Order 1 LOT LS 7,000.00 Oil Changes To cover the cost of oil changes for fiscal year 2015 as per bid #7157. All invoices must reference a unit number and vin #. 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. 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 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 I. COMMERCIALDEFAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Out Exemption Number is 11. NONWA1VER. 98-(4502, Federal Excise Tax Exemption Cenifrcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strip performance of the Jeans and conditions hermL failure or delay a Internal Revenue, Denver, Colorado (Bar Colorado Revised Statutes lip, Chapter 19-26, 114 (a) exercise any tights or remedies provided harem or by law, failure to promptly notify the Seller in the even of a breach, she acceptance of or payment for goods hereunder or approval of the design, shall not elease the Seller of Goods Rejected. GOODS REJECTED due in failure to meet spedfi,noros, either when shipped or due o def ve, of any of the warranties or obligations of this purchase order and shall not be deemed is waver of any nght of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaserm insist upon strict perfotmanceherecfer my grits rightsor remedies as to any such goods, regardless instructions from theCity ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpirred oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the brims Inspection. GOODS are subject to the Ciry, of Fort Collins inspection on arrival. harm[ Final Acceptance Receipt of the merchandise, corneas or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorised payment on the pan of the Ciry of Fall Collins. However, it is by be understood that FINAL Seller and the Purchaser rawmis that in actual economic prxcrlce, overcharges resulting from arguingACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theremf ne. for good cause and as consideration for rearing this purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter Freight Terns. Shipments must be F,0 B., City of Fort Collins, 900 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipmenl is expected fmm the nearest doolu tion prim to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole con all necessary permits, certificates and licenses required by all applicable laws regulations, ordinances and rules of the spate, municipality. territory or poliacal subdivision where the work is performed, or required by any other duly communed public authons, having jurisdiction over me work of vendor. Seller futNer agrees to hold the City of Fog Collins harmless from and wairrst all liability and loss incurred by them by reason of an assmed or established violation of my such laws, regulmionx ordinances, sales and requirements; Authentication . All ponies to this contract agree that the representatives are, in but, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hero or inw,oraed herein by reference, Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment on arrive on your promisW delivery daze as mired. Time is of rise essence Delivery and performance most be effected within the time stated on me purchase order and the documents attached herein No mu of the Purchasers including, without limitation, acceptance surnamed! late deliveries, slid] operate as a waiver tribes provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resuh of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such scrs of God, acu of civil or military amhanges, governmental priorities, Gres, stakes, Rood epidemic, wars or riots provided that notice of me condhions causing such delay is given be the Purchaser within five (5) days of the time when the Seller first received knowledge they of In the event of any such delay. the dam of delivery shall be extended for the wood equal to the time actually lost by reason of the delay. d. WARRANTY The Seller warrants chat all goods, articles, emends and work covered by this order will conform with applicable drawings, specifieaions, samples and/or other deseripuons given, will he fr for the mirmses intended and Performed with the highest degree of care and competence in accordance with accepted standards for work of a milar nature. The Seller agrees to hold me uthrow harmless from any loss, damage or expose which the Purchaser may suffer or incur on account of the Sellers breach of waranry. The Seller shall replace, repair or make good, willow cost to the purchaser, 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 terns of any applicable warranty provided by the Seller titer the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), rumbling from impeded or defective work done or materials fumished by the Seller. Acceptance or use of goods by me Purchaser shall rim constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m ail damages proximately caused by the breach of any of the foregoing warninges or guarantees, btu such liability shall in no event include loss of profvs or lass infuse NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to It terns by sinner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser anmay make y changes o the terms, other than legal m including additions ne or deletions from the quantities originally ordered in me specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformunce hereunder, an equhable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wring change order, terminate this agnagrow as many or ail pinions of me goads then not shipped, subject to any equitable adjustment be mean the Daniel as to any work it materials them in progress provided mat the Porchasa shill not be liable for any clams for anticipated probes on me uncompleted ,onion of the goods and/or work, for incidental or consequential damages, and mat in such ad,.., he made in favor of me Seller with respect to any goods which are the Sellers standard snack. No such reanimation shall « have the Purchaser or me Seller army of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (3o) days fmm the date the change or termination is ordered 8. COMPLIANCE WITH LAW, The Seller warrants mat all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance aids ail applicable laws and regulations to which me goods are subject. The Seller shall asoure and deliver such dmumemu as may be required to effect oreviderge compliance. All lairs and regulations required re, be worpomted in agreements of this character are hereby incoryoratcd herein by this reference. The Seller agrees no indemnify and hold the Purchaser handles fmm at cobs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or musty this order, or my monies due or in become due hereunder without the prior women consent of the other parry. 10. TITLE. The Seller warrant full, clear and unrestricted tide Its the Purchaser for all equipment, matenals, and items fumished in peeformance of this agreement, free and dear of any and all liens. restrictions, reservations, security interest encumbrances and dams of inters. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or=willingness as comply, the Purchaser may cause the work to be performed by the most expedumus means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its narrowing, of sty tier from all liability and claims army nature restating form the performance of such work This release shall apply .trim in the event of fault of negligence of the parry released and shall expend to the directors, officers and employees of such piny. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design device, material or process covered by letter, parem na u deark wpyrighr. the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with rise commas, and shall indemnify the Purchaser for any cost, extreme or damage which is may he obliged to pay by nown of such infringement At any time during the prosecution or after the completion of the work. In wax said equipment or any pan thermf or the intended use of the goods, is in such sun held or wnstisam infnngemmt and the sex of said equipment or pan is enjoined, the Seller chili. at its own expense and in its option, either procure for the Purchaser the right to commu, using said equipment or parts, replace me same with substantially equal but noninfnnging equipment, or modify it so it becomes tmninfdnging. 15. INSOLVENCY. If the Seller shill become insolvent or bankrupt. make an assignment for the benefit of creditors, splicing a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERN'INGLAW The definitions of terns. used or the inteMremtion of the Mreement and the nghts of all parties hereunder shall be construed under and governed by she laws of the Scale of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work hereunder, including the services i(Sellers ftepresenmtive(s), on the premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work as Sellers own risk until the same is fully completed and accepted, said shill, in e of any accident deswction or Injury to the work and/or materiels before Seller's find completion and acceptance, complete the work at Seller's own expense and to the syndication of the Purchaser. When materials and equipment are burnished by others for installation or erection by the Seller, the Seller shill receive, unload score and handle same at the site and berme responsible therefor on though such mmerids and/or equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers wmpematior, including occueatlmul disease banefiu, to its employees employed on or in connection with the work covered by this purchase order andbr to their dependents in accordance with me laws of me stare in which the work is to be done. The Seller shall also carry comprehensive Renard liability including, but not limited so, conuecmal and automobile public liability insurance with drdily injury and deem limits of at least E500,000 for any one person, $500,000 for arty care ecident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, 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 others, the Seller shall famish me Purchaser wth a certificate that such compensation and insurance have been provided. Such cre iricates shall specify me data when snob compensation and insurance have been provided Such certificates shill specify the date whim such mmpmsation and insurance expire. The Seller agrees that such compensation and imureace shall be maintained wail after the entire work is completed and mcep cad 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assumes the mare responsibility and liability for any and! at damage, loss or injury of any kind r nature whosoever to persons or property, caused by or resulting from the execution of me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and may or ail of the Purchasers alticers, agent and employees from and against my and ail claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhaser may be put or subject by reason of my act action, neglect, omission or default on me pan of the Seller, my of his commearm, or my of the Sellers or ontractors officers, agents or employees. In owe my suit or other proceedngs shall be brought against me Purchaser, or its offers, agents or employees at any time m account or by reason of any act mono, neglect, omission or default of the Seller of any of his contractors or my of its or their affcers, agents or employees as aforesaid me Seller hereby agrees to aesnne the defense thermf and or defend the more w me Sellers own expense, It, pay my and all sous, charges, momeys far and other expenses, my and all judgmeats that may be inentted by or obtained against the Purchaser or my of its or their affcers, agents or employees in such soils or other proceedings, and in case judgment or other lint be placed upon or obtained against the property of the Purchaser, or said ponies in it as a result of such mitt or other proceedings, the Seller will at ono cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his commuters shall take ail safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupationd Safety and I leci th Act of 19]0 and all mles and regulations issued pursuant merew Revised 02I2014