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HomeMy WebLinkAbout113073 BOXELDER SANITATION DISTRICT - PURCHASE ORDER - 9150729Fort Collins Date: 02/02/2015 PURCHASE ORDER Vendor: 113073 BOXELDER SANITATION DISTRICT IRONWOOD PLAZA 3201 E MULBERRY #Q PO BOX 1518 FORT COLLINS CO 80524-2798 PO Number Page 9150729 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE �ig��Ke]tAtA1►bYKsl:Irb'f�� Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Purchase Used Vac Truck 1990 Ford LS 8000 Vactor vin# 1 FDXS82A4LVA05041 Contact: Greg R. 970-221-6613 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 2,500.00 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 statute the City of Fort Collins as exempt from slide and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000581 is registered with the Criterion of lateral Revenue, Denver. Colorado (Ref. Colorado Revised Suntes 1973, Chapter 39-26,114 (a). Goods Itjeered. GOODS REJECTED due to failure I. is area heartens, either when shipped or due to defects of damage in tnmih may be reamed to You for credit and are tut to be replam l except upon receipt of written imvudions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins Munchen on wrival. Final Acceptance. Receipt of the merchandise, son or equipment in response to this order can result in suthmixed payment on the Wa of the City of Fort Collhu. However, it as to be undemod that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection press dtues. Freight Trans. Shipments must be KOHL, City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If p omission is given to prepay freight and charge separately, the moiral freight 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, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greamr distance. Permits. Seller shall .are of sellers sole cast all coortsm, permits, anifimtas and licenses rtyvired by all applicable laws, reguhaions, ordinances and roles of the state, municipality, territory or pal ical subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Sells further agrees to bold the City of Fair Collins harnless from and against all liability and loss incurred by them by mason of as national or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panies to this contract agree that the representatives are, in fact, bona fide and posacm full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions smmd herein set forth end any supplementary or additional terns and conditions annexed hereto or incorporated 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 tryout carrot make complete shipment to waive on Your promised delivery date as noted. Time is argue essece. Delivery and performance most M elected within the time smtM on the purchase order and the documents attached hereto. No ace of the Purchasers including, without limitation, acceptance offends) late deliveries, shall operate as a waiver ofthis provision. In the event afuny delay, the Producer shall have, in addition to other legal ad equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall test be liable for damages as a result of delays due to tames not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Call, acts ofavil or military authorities, govemmenml priorities, f s, spikes, fiood, epidemics, wars or rims provided that notice of the conditions causing such delay is given as the Purchaser within five (5) days of the time when the Seller fins received knowledge thaw(. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reaon ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covert by His order will conform with applicable drawings, spaificatims, mat wake, other descriptions given, will be fit for the purymes uncombed, and perforated with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. the Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of marmtty. The Seller shall replace, rcpsit or make good, without 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 haw or by the tents of any applicable woranty provided by the Seller after the date of acceptance of the goods famished hereunder pureptance not to 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 ant constitute a waive, of any claim under this m r mly. Except as otherwise provided in this purchase order, dire Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waramiea or guarantws, but such liabil try shall in no event include loss 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 to legal leers by written change color 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temm, odor than legal terms, including addition, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change oRects the amount due or the time ofperformmce hereunder, an equitable adjusment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by woman change mile, termiwre Nis agreement as many or all pariom of the good then not shipped, subject to any equitable adjustment between the parries as as any work or materials then in progress providd thm the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or coquential damages, and that to such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers swrdatd stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for w1jecoment most be assent within thirty (30) days fmm the der a the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations t0 which the good are subject The Seller shall execute and deliver such documents as may be required to elTen or evidence compliance. All laws and regulations required to be incorporated in summands i f this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts 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 wher, or any monies due or to become due hereunder withem the prior written consent of the other party. 10. TITLE, The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, remridions, reservations, security interest encumbrances and claims urinous. 11. NON WAIVER. Failure of the Purchaser he insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights to remdies provided herein or by law, failure b promptly notify the Seller in the event of a breach, th<acceptance ofor payment for good hemttnder or approval of the design, shall not release the Seller of any of the warranties or obligations of skis purchase order and shall war be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or moral as to any such goods, regardless of when shipped, received or cepted, as to any prior or subsequent default hereunder, nor shall any imported oral modification m resxission ref this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and flue Pmchuer mane, that in actual commande practice, overcharges resulting from antitrust vio)ations a" in fact home by the Purchaser. Theretonsm, for good cause and as consideration for executing this purchase order, He Seller hereby assigns an the Purchaser any and .11 claims it may now have or hereafter acquired seder federal or state antiwsr laws for such svinclarge, relating to the particular goods or services Purchased or acquired by the Purchaser pursuant to this purchase enter. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective grad by a dam to be agreed upon by the Purolator, and the Sellen and the Seller throat indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious .,.as available to it, and the Seiler shall pay all cones associated with such work. ')he Seller shall "lease the Purchaser and in conduction of any tier from all liability and claims of any nature resuling from he Tomorrow. ofsuch work. 'Ihis rehire shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Settees contractual obligations, including warany, shall not be domed to M 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 later, parent, trademark tor copyright, the Seller shall indemnify and save harmless the Purchaser from any and al I claims for infdngemem 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 trumpmend, or any Part thereof or the intended use of the good, is to such suit held to comftmte infringement and the use of mid equipment or Iron is enjoined, the Seller shall, at its own expere, and at its option, either program for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but runinGnging equipment, or modify it as it becomes noninfringing. 15. INSOLVENCY. If the Seller shall Moom, insolvent or ba dkrvpt, make an assignment for the benefit of creditors, appoint a receiver err trustee for any of the Sellers pertinency orbrsioess, this order may forthwith be canceed by the Purchaser without liability. H. GOVERNING LAW. The definitions of seem used or the interpretation ofthe agreement and the rights of all panties hereunder shall be construed under and govemd by the laws efthe State ofColondo, USA. The following Additional CoMitiom apply only in costs where the Seller u to perform work hereunder, including the services of Sellers Representative(s), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shot), in u of any accident, destruction or injury to the work andor matelots before Seller's final complellon and ecePmnce, 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 in erection by the Sellw the Seiler shall receive, unload, store and handle same at the site and become responsible therefor as thruga such materials and/or equipment woe being famished by the Seller under the enter. 18. INSURANCE. the Sella shall, at his own expense, provide for the payment of workers compensation, including ammorimed disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mrNor to their drismad ads in accordance with the laws of the sate in which the .,it is m M done. The Seller shall also carry comprehensive general liability including, but net limited to, contractual and automobile public liability insurance with bodily but and death I,.I. of or least S300,000 for any one person, 5503,030 for any one accident and property damage limit per accident of SwriddJlo_ The Seller shall likewise require his contractors, treaty. to provide for such compensation and insurance. Before any of the Sellers or his contractors employers shall do Pay work upon rise premises of others, the Seller shall famish the Purchaser with a cerificae chat such compensation and firsurearove have been provided. Such re tifirmes shun specify the dam when such compensation and insurance have been provided. Such certificates shall specify the dime when such compensation and imuraacc expires. The Seller agrees that such compensation and insurance shall be maintained until o a the entire wart is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability fro may and ell damage, loss or injury of., kind or wort whimmeno persors or property, cussed by or resulting from the execution of the work provided for in this purchase order or in onswetaid herew5th. The Seller will indemnify end hold hmmless the Purchaser and any or all of the Purchasers oRcem. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indimet, and whether to persons or property ro which the Purchaser may M For tor subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees at any (I= on account or by reason of any at, ation, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and al judgments that may be incurred by or obtained against the Purchaser 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 or obtained against he property 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 dischargd by giving bond or otherwise. The Seller end his contractors shall take all safety precautions, famish and install all guards cassava, I., the prevention of accidents, comply with all haws and regulations with regard to safety including, but without limitalion, the Occupational Safety and Health Act of 1970 and all mars and regulations issued pursuant thereto. Revised (IM014