HomeMy WebLinkAbout111741 YRC - YELLOW AND ROADWAY (RDWY) - PURCHASE ORDER - 3215325PO
PURCHASE ORDER 321532er Page
Clty. of PURCHASE
15325 1 of 2
' `tCollins( This number must appear
v on all invoices, packing
sli s and labels.
Date: 01/13/2015
Vendor: 111741
YRC -YELLOW AND ROADWAY (RDWY)
PO BOX 471
AKRON OH 44309-0471
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01113/2015 Buyer: PAT JOHNSON
Note: 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.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order
1 LOT LS
5,000.00
Freight
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&cgov.00m
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 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By some the City of Fad Collins u exempt from sole and local bases. Our Exemption Number is
11. NONWANER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay in
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26, 114 (a).
tonrcise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purcbase order and shall not be deemed a waiver of any right of the
damage in transit, may be moment to you for credit and are not to be replaced except upon receipt of writer
purchaser as insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless
ingractions Gam the City of Fon Collins
of when shipped, received or accepted, as m my prior or subsequent default hereunder, nor shall any parponed
oral modification W rescission of this purchase When by the Purchaser operate us e waiver, of any of the arms
Inspection. GOODS ae subject o the City of Too Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the mereM1andise, sections W equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pad of the City of Fort Collins. However, it is to be understood that FINAL
Sella and the Purchaser raogniac that in semal economic prodim, overcharge .,Ohio, form antitrust
ACCEPTANCE is dependem upon completion ofail applicable required inspection procedures.
violaions are in fact boom by the Purchaser. Theretofore, for good cause and ns consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 200 Wood St, Tod 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. If permission is given to prepay freight and charge separately, the ..gain[ freight
purchased or acquired by the Purchaser pursuant to this purchase order,
bill most accompany invoice. Additional charges for packing will not be accepted.
TIONS.
I3.PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.
Shipment varirinspons ofthe camary,voicew is
have dismbon,and
or defective goodyadate to bcagrtedupm byme
or
If sheProd Pu¢amthe tens,
romm emanneremanufacmrers
excess
f the nearest distribution cowl ro datimtioa and excess freight will be deduced from Invoice when
ellarrect dideaerindrming
nt
and the Sella,o the Sella thereafle indicates its irme. or unwillingness to comply, the Purchaser
and
shipments are made from greater d'ubance.
shipments
may Cause the work to be pert ed y the most expeditious means Bailable to it and the Schltt shall pay all
Way.
costs nss«iated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, cerifiesta and licenses "arried by all
applicable laws, regulations, ordinances and roles of the sumo, municipality, territory or Political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Ton Collins harmless from and against all hmiliry and loss
incurred by them by reason of on asserted or esmbliShed violation of my such laws, regulations, ordinances, roles
and requirements.
Authorization All parties to this contract agree that the repeseaotives arc, in fact, bona fide and possess full and
complete authority to bind mid pnies.
LIMITATION OF TERMS. This Purchase Other expressly limits acceptance to the W. and conditions soled
herein set forth and any supplementary or additional arms and conditions coaxed hereto or incoryomed herein by
reference. Any additional or different teats and mndttions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment in arrive on your
promised delivery dale as noted. Time is of the esseae. Delivery and performance WWI be effected within the time
stared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate a a waiver of this prevision. In the event of any delay,
the purchased shall have, in addition to other legal and equitable remedies, the opton of placing this order elsewhere
Wad bolding the Sella liable for damages- However, the Sella shall not be liable for damages as a result of delays
due to causes not reosoably farareable which are beyond its.6le control and without its fault of negligence,
such acts cf cod, seta of civil m military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided Thal notice of the conditions causing such delay is given to the Focused within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dare of delivery shall be
extended for the period equal to the time actually last by reason office delay.
3. WARRANTY.
The Sella 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 conscience in acmNance with accepted standards for wok of a
similar attire. The Sella agrees no held the purchaser baseless from any loss, damage m are. which the
Puebaxer may offeror incur an acmuvt i f the Sellers breach of wamnry. no Sella shall replace, repair or make
good, without cast to the purchaser, my defects or faults arising within one (1) year in within such longer period of
time as may b, prescribed by law or by the terns of my applicable wamnty provided by be Seller eRe, the doe of
acceptance of the goods famished hereunder (acceptance can be unressoably delayed), resulting from impeded
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
mtstimte a waiver of any claim under this warranty. Except it, otherwise provided in this purchase ordea the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ..."a
or guarantees, but such liability shall in no event include lass 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 make changes in legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the teen, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifimtiom or drawings, by verbal or written change Order. If any such
change affects the amonm due W the time Ofpesformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parchaer may at any time by written change order, m raise this mar emem as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the limier as to any work of materials then in
progress Provided that the Purchase shall not be liable for any claims for anficipaed profits on the uncompleted
Portion of the goods similar work, for incidental or comequcntial damages, and that no such adjustment he made in
favor of the Seller with rapano any goads which are Bra Sellers standard stack. No such teemiation shall relieve
the Purchaser or the Sella of my of Weir obligations to to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the dam ire change or tamiation is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrens that all goods sold lereunda shall have been produced, sold, delivered and furnished in strict
compliance wild all applicable laws and regulations m which the good are subject. The Sella shall execute bard
delivef such documents to may be col berj to ¢Darn W evidence compliance. All laws and regulorioa required to ha
isampomlN in agreements of this chicand are hereby brainstormed herein by this reference. The Sella agrees to
indemnify and hold the Parchasa hi mdess from all costs and damages sufi ed 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 any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and tuuamined title to the Purchaser for all equipment, materials, and it. f ished
in Pecfocmance of this agreemenr f and clear of my and all limn, ratrictime, reservations, security interest
encumbmncex and claims of others.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party midsed and shall extend to the
directors, fificers and employees ofsuch parry.
The Selys c amoser ml obligations, including warranty, shall rat be domed to be refined, in any, way, because
such work is performM or caused to be pedormed by the Furchun.
14. PATENTS.
Whaler the Seller is mr,dred to use any design, device, material or process covered by letter, patent, trademad
or copyright, the Seller shall indemnify and save hmmless 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, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pad thereof or the intended use of the goods, is in such suit held in constitute infringement and the are of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right as continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it o it become noninMnging.
IS. INSOLVENCY.
If the Seller shall baomc inmlvenr or bankrupt make an assignment for the benefit of creditors, appoint a
receiver err mLsree for any of the Sellers property or business, this Order may forthwith be canceled by the
Pumhaser without liability.
16. GOVERNING LAW.
The defni0onso and
Ro used orthe ,]a., offlan Of theagreement and the rigM1ts of ell parties haemde shall be
construed soda and governed by W<laws afhe State afCalomdo, USA.
The following Additional Conditions apply only in dogs, where de Sella is to perform work htteunde,
including the services of Sellers Repterenonve(s), on the premises ofo&e
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Settees own risk until the same is rally completed and accepted, and shall.
in use of any accident, destruction or injury to the work and/or materials before Seller's fial completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purehosec When materials
and equipment We fmished by others for installation or erection by the Seller, the Seller shot[ receive, u]ad,
stare and handle same at the site and become responsible therefor as though such materials andtor equipment
were being fmishal by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense. Provide for the payment of workers compensation, including OccupeYmtal
disease hadfirs, to its employees employed on or in connection with the work covered by this purchase order,
anNaf to that depa ddr, in acmrdmce with the laws of the state in which the writs is to b, done. The Sella
shall also carry comprehalsive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $301 for any one person, S500,000 for any
one accident and property damage limit per accident of $400,000, The Seller shall likewise require his
Ommemrs, if any, W provide for such compensation and insurance. Before my of the Sellers or his co duc me
employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation aid insurance have been provided. Such cenifcams shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained mail after the
entire work is completed and incepted.
19. PROTECFION AGAINST ACCIDENTS AND DAMAGES.
The Seller herey assumes the entire responsibility and liability for my and all damage loss W injury of my kind
or nature whamcm an to persons or popery caused by or reselling from the execration of the work provided fir in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to person or popery to which the Purchaser may
be put or subject by reaction of my act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or emnecmrs officers, agents or employees. In case my suit or other
proceedings shall be brought against the Farmhand, err its oMen-. agents m employees at any time on account or
my ad,
their officers` t .,cots W employeeneglect, ....
s aaforessid,rthe Sella hackydefault of fle, t1la of yagrees maaumtn e thedefessse Wereof and TO
defend the same an the Sellers owe expense, for pay any and.11 vests, charges, atmmeys fees and other expenses,
my and all judgments that may be induced by or obtained against the Purchases or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon m
obtained against the pmpedy of the Purchase, Or said parties in or as a result of such stairs or other proceedings.
the Seller will at once cause the same m b, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall eke all safety precautions, furnish and Weralh all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limiaton, the
Occupational Safety and Health Ad of 1970 and all roles and regulations issued purstlmt theme.
Revised 07n014