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HomeMy WebLinkAbout466044 EXPRESS TOLL - PURCHASE ORDER - 9150076Fort Collins Date: 01/08/2015 P=G7�fYYr7S! PURCHASE ORDER EXPRESS TOLL E-470 PUBLIC HIGHWAY AUTHORITY PO BOX 5470 DENVER CO 80217-5470 PO Number Page 9150076 1 of 2 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 Unit Price Extended Ordered Price i Blanket Order Toll Charges 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 1 LOT LS 500.00 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 I. COMMERCALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from shoe and load taxes. Our Exemption Number is I I. NON WAIVER. 98-04503, Federal Excise Tax Exemption Cmificom of Registry 84-6000587 is registered with the Collector of Failure of the Pmchana to insist upon sine, performance of the to. and carillons hereof, failure or deny to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any fights or remNies provided herein or by law, failure to promptly notify the Seller in the event of a breach, tM acceptance ofor payment for goods Meander or approval ofthe design, shall not release the Seller of Goods Rejednd. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Omer end shall not be, deemed a waiver of my right of the damage in mm it may M retumed to you for credit and are trot to be replaced except upon receipt of written purchaser to insist upon strict pert antt haeofor my of in rights or remedies as to any such goods, comfi ecs instructions from the City of Fmt Collins. of when shipped, received ar accepted, as to my prior fir Subw cam, default hereunder, nor shall my purported oml modification m rescission of this pmcbase order by the Purchaser operate as a waiver army of the terms haspection. GOODS arc subject to the City of Fon Collins magnetic. on rival. hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in El. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharge resulting main antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violations am in fact home by the Purchaser. Thereto6rs, for good cause and as consideration for exacting this purchase Omer, the Seller hereby resigns to the Purehaor my and all claims it may now have or hereafter Freight Terms. Shipments anus, be F.O.R.. City of Fort Collins, 7W Wood St, Fan Collins, CO 80522, .less acquired under federal or .to antitrust laws for such overcharges relating to tlrc panimlar goods or service otherwise specified on this outer. Ifperm anion is given to prepay freight and charge separately, the original freight purchased or enquired by the Purchaser pursuant to Nis purchase cola. bill most accompany invoice. Additional changes for making will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Grimm, Where mamfacturers have distributing points in extrouspans of the country, shipment is If the Purchaser shreds the Seller o correct nonconforming at defective goods by a&te to be agreed upon by the expected from the nearest distribution point m destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply, the Purchaser shipments are made Dom greater distance. may cause the work m be performed by the most expeditious mean available to it, and the Seller shall pay all cons associated with such work. Pamuts. Seller shall procure at sellers sole coat all necessary permits, certifirates add Iianse5 required by all applicable laws, regulation, ordinances and tale office state, municipality, terribry or political subdivision where the work is performed, or required by any other duly constituted public authority hanngjurisdiction over the work of vrnder. Sella fuller agrees to Mod the City of Fon Collins hmnlas form and against all liability and lass incurred by them by reason ofam asserted or established violation of.y such laws, regulation, ordinance, roles and requirements. Authentication. All parties to this control, agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated herein set fond and any supplementary a additional dorms and condition annexed hereto or incorporated herein by reference. Any additions] or different terms and condition proposed by seller art objatN to mM hereby Model 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryou cannot make complete shipment to omve on your promised delivery date as noted. Time is ofthe cssrnce. Delivery and performance mast be effected within the time stated on the purchase order and the documents attached hereto. No eras of the Purchasers including, without limitation, acceptance of tenial fare d0ivenes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and artifact, remafies, the option ofpfacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as o retch of delays due to reuses not rmsowbly foreseeable which ere beyond its reasonable connul and without its fault of negligence, such was ofGad,rots ofeivil or military authorities, governmmhl pnorit firms, strikes, food. epidemic, wars or nots provided that notice of the condition musing such delay u given to the Purchaser within five (5) days of the time when the Sella for received knowledge thereof In the event of my such delay, the dam of delivery shall M mended for the Indent eqml to the rime actually lot, by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anodes, materials and wad covered by this at will ca morn with applicable drawings, specification, sample andor other deception given, will M fit for the purposes intended, and performed with the highest degree of can and competence in acrnrdance with riverbed standards fro work of a similar nature. The Seller agree, to hold the purchaser hamrlats fmm my loss, damage a expense which flaw Porchmea may franc Inc.,. account of the Sellers breach ofwu ,The Sella shall replace, repair or make good, without cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may be prownbed by law or by the terms of my applicable warranty provided by me Seller after the date of mceptanre of the goods furnished hereunder fin m once not to ho unreasonably delayed), resulting fmm imperfect or defective work done or materials fhmishM by the Seller. Acceptance or na of goods by the Purchaser shall not ontimte a waiver of my claim under this warranty. Except is otherwise provided in this purchase order, the Sellers liability hereunds shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liblility shall in no event include loss ofprofim or loss of use. NO IMPLIED WARRANIY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purehaer may make changes to legal terra by wnum change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition m or deledion from the q—hii- sm,inully ordered in me spaifcatiom or drawings, by verbal or wnnm change order. If any such change affects the amount due or the time afperformmee hereunder, an equitable adjustment shall be made. &TER INATIONS, The Purchaser may at my time by written change order, terminate this agreement as to any or all portion of the goods rem not shipped, subject to my equitable adjustment Mtwem the panic as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods rndior work, for incidental or consequential damags, and that no such adjustment be made in favor of the Seller with respect o my goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Sella of my ofthev obligation as to any goods delivered hereuMa. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dare the change or termination u m,fered. I. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict ompliance with all applicable laws and regulation to which ilia goods are subject The Seller shall exact. and deliver such documents as may Ie required to effect cr evidence compliance. All laws and regulation required to he incorporated in agreements of Us character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser himrless from all casts and damaga suffered by the Purchaser as a result of th, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mamfer, or convey this order, or my monies due or to become due Mreunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unmstncted title to the Purchancr for all equipment, materials, and items famished in perforromance of this agreement fra and clear of any and OR lien, mWctioe, reservation, security commit rncumbrmce, and claims clothes. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any dome resulting franc the pefformnna ofsuch work. This release shall apply even in the event of fault of negligence of the party micassuall and shall extend to the directors, fam, and employers of such parry. 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 Ore Sol[,, is required to fie my design, device, material or process covered by letter, patent, co dermd or copyright de Seller shall indemnify and save had des the Purchaser fmm my and all claims for infringement by reason of rM use of catch patented deign, theme, material Or process in connection with the contract, and shall indemnify the Purchaser for any cost expen, or damage which it may be, obliged to pay by reason of such infringement at my time during the pmsttution or after the completion of the work. In case said equipment, or any pan therm( 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 shall, at its own expense and at its option, either procure fur the Purchaser the right to continue using said equipment or pros, replace the same with substantially equal but nominal equipment, or modify it w it becomes wninfiringicg. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, duke m assigmnem for the benefit of crethrors, appoint a receiver or trastee for my of the Sellers property or business, this amer Trey herewith ho mnceled by the Purchaer without liability. 16. GOVERNING LAW. The definidima ofterms used or the interpolation ofthe agreement and the rights of all parties hereunder shall be compared tuuler and govemed by the laws of the Stare of Colorado, USA. The following Additional Condition apply .ly in case where the Seller is to perform work hereutWer. including the services ofSellem Represmtalive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellcls awn risk until the same is fully completed and accepted, and shall, in case of any accident, detraction or injury to the work andlor materials before Sellers Mal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are Enriched by others M installation m erection by the Seller, the Seller shall receive, unload, store and handle same at Be, site and become raponible therefor as though such materials and/or equipment were being famished by tM Seller under the order. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of woders compensation, including Occupational disease benefits, to its employees employed on at in connection with the work covered by this purchase Omer, andlor to their dependents in accordance with the laws of the state in which the work is in be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bomly injury and death limits ofat least 5300,000 far any one person Syco,W01'ar any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, ifany, to provide for such mmpenation and iaumntt. Before my office Severs or his contractors employees stall da any work upon the premiss of others, the Seller shall famish not Purchaser wise a cenifcam that such compensation and insurance have been provided. Such certificates shell specify Be dam when such compensation and inurence have been provided. Such certificates shall specify the dam when such aompeasa[ion and insurance expires. The Seller agrees mat such compensation and insumnce shall be maintained until it,, the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enrim rsponibilny and liability fro my and all damage, loss or injury of any kind or metre what5oma to person or property caused by or resulting main the execution ofth, work provided for in this purchase order or in connection herewim. The Sella will immunity and hold hurdles the Purchaser and my cr all of the Purchasers oRc ens. accounts and employees from and against say and all chips, Ina., damages, harge car expenses, whether direr or indirect, and whether to famous or property to which the Purchaser may the put or subject by mamn of any act, action, neglect omission or default on the pan of the Seller, any of his ontradod, or any of the Sellers or c.tractors officers, agents or employees. In case my suit or other proceedings shall M brought against the Purchaser, or its officers, agents or employees at any none on account or by reason of any rot, action, neglect, omission or default of the Seller of my of his contractors or any of its or their othcas, agents or employees as aforesaid, Be Seller hereby agrees to assume the def thereof and to defend the same at Ore Sellers own expense, to pay any and all costs, chmga, m once r, f sad other expenses, my and all jedgmenh that may he incorrect M or obmined against the Purchaser or my of its or their Officers, agents or employees in such suits or other proceedings, arm to rose judgment or other lint be placed upon or obtained against race property of the Porchasa, ear said parties in or as a result of such suits or other praaedings, the Seller will at once cause the same to be dissolved and ducMrged by giving bond or otherwise. The Seller and his commctors shall take all safety praauoions, Pomish 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 Occupational Safety and Health Act of 1970 and all rates and regulations issued purruant,hereto. Revised 07nO14