HomeMy WebLinkAbout320032 WALDO TRUCKING LLC - PURCHASE ORDER - 3215162PURCHASE ORDER PO Number Page
City of PURCHASE
3215162 i of z
' `t Collins
linC This number must packF6ring
�I ` �7 �on all invoices, packing
slips and labels.
Date: 01/12/2015
Vendor: 320032
WALDO TRUCKING LLC
9925 WALDO LN
WELLINGTON CO 80549
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 CONTRACTUAL 1 LOT LS 25,000.00
PER TERMS AND CONDITIONS OF BID 7355 AND 7564
THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH 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
Total
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 2of2
1. COMMERCIAL DETAILS.
Tax examptions. By statute the Ciry of Fon Collins is exempt from state and local rues. Ow Exemption Number is
11. NONW AIVEW
99-0 502. Federal Excise Tax Exemption Cenificme of Registry 94-6001 is registered with the Collector of
Failure of the Purchaser m insist upon some, pafformmcc of the mrrns and conditions hereof failure or delay a
lmemal Revenue, Deaver. Colorado (Rd. Colorado Revised Semmes; 1973, Chapmr 39-26, 114 (al
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of a
broach, the acceerance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be retumed to you for credit and are Out in be replaced except upon receipt of wntten
purchaser to insist upon strict performance record, my fin rights or remedies as a any such goods, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my puryoned
oral modification or scission of this purchase orde, by the Purchase, operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival,
berm(
Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can r esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aurhoriod payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependem open completion ofall applicable required inspection procedures
violations 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. Shipments man be F 0 B., City of Fon Collins, TOP Wood St, Fen Collins, CO 90522, unless
whimared code, behind or nine mthrom laws for such overcharges relating as the particular goods or seances
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser Formation to this purchase order.
bill must accompany invoice. Additional charges for packing wall not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dimdbuting pear in various pans of the country, shipment is
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearer distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter increases its inability or unwillingness to comply, the Purchaser
shipments are made from greener dinance
may cause the work an be performed by the mom expeditious means readable to it and she Seller shill pay all
costs asaceiated with such work.
remain Seller shall procure at sellers sole room all necessary pnmin, cenificate, and licenses required by all
applicable laws, regulations, ordinances and rules of the state, mom dpsiity, territory or folioed subdivision where
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting from the performance ofmcb work.
of vendor. Seller further agrees to held the City of Fen Collins hamiless from and against all liability and loss
incurred by them by reason of an ased su sertor established violation of my ch an laws, regulations, ordincas, colas
This release shall en all apply evin the ever, of fad, of negligence of the party released and shall extend a the
end nectim men.
cited... officers and employees of tech party.
Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and
The Seller's conuaaual obligations, including warranty, shall not be deemed in be reduced, in my way, because
emanate authority to bind said parties
such work is performed or caused to be performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions mated
herein set foNn and any supplementary or additional terms and conditions annexed herea or incorporated herein by
reference. Any adeimn d 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 to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance muss be effected within the time
stared on the purchase order and the documents mached herea. No acts of the Purchasers including, without
limitation, acceptance of sandal [me deliveries, shall operare as is waiver of this provision. In the even, of my delay,
the Purchaser shall have, in addition on other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes non reasonably foreseeable which are beyond Its reasonable control and without its fault of negligence,
such acts of Goo acts of civil or military amhorisies, govemmemal pnoaties, fires, stokes, Flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller firm received knowledge thereof. In the event of my such delay, the dime of delivery shill the
extended for the period equal a the time actually tom by reaon 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 and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar nature. The Seller agrees a hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on mcrom of the Sellers breach of wananry. The Seller shall replace, repair or make
geed, without cost to the purchaser, my defers or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by due terms of any applicable warrant, provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defctive work done or materials famished by the Seller. Acceptance or sex of goods by the Purchaser shall no,
cotodmm a waiver of my claim under this waranry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pmeimarely crustal by she breach of my of the foregoing warrmues
or guarantees, but such liability shall in no event include loss of profess or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
q. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal terms by women change order
5. CHANGES IN COMMERCIAL TERNS.
The Purchaser may make my changes to the terms, other then legal temLs, including additions an or deletions from
the quantities originally ordered in me specifications or moving, by verbal or written change order. If my such
change affects the amount due or the done of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by tun Ten change order, terminate this agreement as to my or all pomors of the
,.it, then or shipped, subject to my equitable adjustment between the primes as a eny work or materials then in
Counties provided that the Purchaser shall not be liable for my claims for anticipated proOs on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, 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 termination shall relieve
the Purchaser or the Seller of ery of their obligations as to my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or temnination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warren¢ that all goods sold hereunder shall have been produced sold. delivered and furnished in mncr
compliance with all applicable laws and regulations or which the good are subject. The Seller shill extend and
deliver such documents as may, be required to off of or evidence cunspliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs 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 convey this order, or my monies due or in become due hereunder without the
prior warren cnnsenr of the other parry.
10. TITLE.
The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment materials, and areas famished
in Ferfermmce of this agreement free and clear of my and all liens, resMnions, snvatiwu, security interest
encumbrances and claims of others.
Ii. PATENTS.
WTmeor the Seller is required to use my design, device, material or process revered by letter, patent, trademark
or mpynght the Seller shall indemnify and save harmless the Pardoner from my and all claims for infringement
by reamer of the use of such patented design, device, material or process in connection with the comrmt and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such
Infnagement at my time during the prosecution or after the completion of she work. In case sad equipment or
my pan thereof or the intended use of the goods, is in such suit held to common, arrangement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and m its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same wilt substantially equal but
noninfringing equipment or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the beneN of creditors, Vitamin a
receiver or trustee for my of the Sellers property or business, this mile, may forthwith be canceled by the
Purchaser withour liability.
16, GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all names hereunder shall be
consorted under and governed by the laws of the Stone of Colorado, USA.
The following Ackmond Conditions apply only in cases where the Seller is to perform work hereunder
including the services of Sellers Repownwavd(s), on she premises oforown
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of my accident, demmction or injury to the work and/or maerias before Sellers 0nil completion and
acceptance, complete the work at Sailers own expense and a the satisfaction of the Purchaser. When materid5
and equipment are famished by others for installation or erection by the Seller, the Seller shill receive, unmad
store and handle same at the mac and bemnte responsible therefor as though such materiels angler equipment
were being famished by the Seller under the order.
19 INSURANCE.
The Seller shall, at his own expanse, provide for the payment of workers compensation. Inclusing occupworml
disease benefits, in its employees employed on or in eame eat with the work covered by this purchase order,
mNor to their dependent in accordance with the laws of flue stare in which the work is to be done. The Seller
shed! also carry compmbensive general liability including. but not hmhei to woractuil and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for my one person, $500,000 for my
one accident and property damage limit per accident of W00,000. The Seller shall likewise require his
contractors if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon she premises of others, the Seller shall formula the Purchaser with a certif earn
than such compensation and insurance have born provided. Such certificates shall specify the time when such
compensation and insurance have been provided. Such certificates shill spacify the date when such comprnsatior
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 asmmes the more responsibility and liability for my and all damage, loss or injury of my kind
of nature whatsoever to persons or property wusad by or resulting from the extension 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 from and against my and all claims, lasses, damages,
charges or expenses, whetter direct or indirect, and whether to persons or property, re which the Purchaser may
be per or subject by reason of my act action, neglect omission or def elt on the pan of the Seller, my of his
connection, or my of the Sellers or examearors officers, agents or employar. In case my suit or other
proceedings shill be brought against the Purchaser, or its officers, agents or employes at my lime on account or
by reason of any act, anion, neglect, omission or default of she Seller of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees or =none the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, auomeys fees and other expenses,
my and all judgments that may be incurred by or obmained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property, of the Purchaser, or said parties in or as a result of soda sums or other proceedings,
the Seller will in once cause the same a be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and instal 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 rules and regulations issued pursuant thereto.
Be..M 07ROI4