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HomeMy WebLinkAbout485432 ON POINT HAULING LLC - PURCHASE ORDER - 9112136City of art Collins Date: 04/1512011 Vendor: 485432 ON POINT HAULING LLC 197 CAMINO DEL MUNDO FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9112136 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/15/2011 Buyer: JOHN STEPHEN 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 2011 CONTRACTUAL SERVICES 1 LOT LS 15,000.00 PER TERMS AND CONDITIONS OF BID 7210 2 Contractual Labor 1 LOT LS 10,000.00 3 Contractual Labor 1 LOT LS 5,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By mute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-60110597 is registered with the Collector of formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instruction, from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVF,R. Failure of the Purchaser to insist upon strict pe fomance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of any of the w'amntics or obligations of this purchase order and shall not be deemed a waiver of any right of the parchacer to insist upon strict performance hereof or any of its nigh is or remedies as to any .such goods, regard]... of when shipped, received m accepted, as to any prior or subsequent default hereunder, nor shall any purporled oral modification or rescission of this purchase order by the purchaser Operate as a waiver of any of the toms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OP 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, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion off[] applicable requited inspection procedures. violations are in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Puchnscr any and all claims it may now have or hcreaner Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins CO 80522, unless acquired under federal or state antitrust lows 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 original freight purchased cr acquired by the Purchaser pursuant to this purchase ender. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacnimm 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 form Invoice when shipments am made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly construed ed public authority having jurisdiction no cr the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authariution. All parties to this concoct agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said pratics. LIMITATION OF TERMS. This Purchase Order expressly limits aeccptana to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfercnce. Any additional or different terms and conditions proposed by seller arc 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 perfnmmnce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opemm as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable mmcdics, the option ofplacing this order cl-cu here and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence, such acts of Cnd, axis ofeivil of military authorities, govemmental priorities, fires, strikes, need, epidemics. wars or riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivcq shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, speeifieatioos, samples and/or other c1mriptioru given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fat work of a similar nature. The Seller agrees to hold the purchaser hamlcss Into any loss, damage or expense which the Purchaser may suffer or incur on account ofthc Sellers breach of wamny. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within ,such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthc goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereandcr shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profit or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal toms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any .such change affects the amount due or the time ofperformence, hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit 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 to any goods which arc the Scllers standard stock. No such munfluation .shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmcm must be asserted within thirty (30) days Form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effmt or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this rcfercnce. 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, confer. or convey this odor, or any ninnies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mnterin Is, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others,. 13. PURCIIAS17RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thcreaMr indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means rwsilablc to it, and the Seller shall pay all costs associated with such work. The Scllcr shall release the Purchaser and its contractors of any tier From all liability and claims cf my nature resulting From the performance ofsuch work. This release shall apply seen in the event of fault of negligence of the party released and shall extend to the directors. Officers and employees of such pant. The Seller's contractual obligations, includim weamnty. shall net be doomed to be rcdoced, in any way, because such work is performed or caused to he performed by the Purchaser. W. PATENTS. Whenever the Seller is required to use any design, device, material or process cowered by letter, patent, trademark m copyright, the Seller shall indemnify and save harmless 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 err damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ancr the completion of the work. In case said equipmcal, or any pan thcteof or the intended use of the goods. is in such snit 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 for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing cquipmcnt, of modify it so it bmomcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllm property of business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall he construed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases whcrc the Seller is to perform work hereunder, including the services of Scllers Representatiwe(s), on the premises ofolhco, 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 case of any accident, destruction or injury to the work and/Or materials bcfom Seller's anal completion and acceptance, complete the work at Seller', own expense and to the sati,f ction of the Purchasc,. When materials and equipment are furnished by others for installation or erection by the Selleq the Scllcr shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the ,late 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 bodily injury and death limits of at (cast S3INLIX10 for any One person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors. Tony. to pmvide for such compensation and insurance. Before any of the Sellers; or his contractors employees shall do any .work upon the premises ofmhcrs. the Seller .shall furnish the Pumhawr with a certificate that such compensation and insurance have been provided. Such certificates .shall specify the date when such compensation and insurance have hart provided. Such con i ficams shall specify the date when such compensation and insurance expires, The Scllcr 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 assumes the entire responsibility and Iiahility for any and all damage. loss or injury of any kind r nature whatsncver to persons or property caned by or resulting firm the execution ofthc work provided for in this purchase enter or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offers, agents and employees from and against any and all claims losses, danmgcs, charges or expenses, whether direct or indirect. and whether to persons or progeny to which the Pumhascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contmelors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other pmeecdings shall he brought against the Purchaser, or its officers, agents or employees at any lime on account of by reason of any act, action, neglect, omission of 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 all judgments that may be ineurfed by or obtained against the Purchaser or any of its or their officers, agents or employees in such .suits or other pmeeedings. and in ease judgment or other lien be placed upon or Obtained against the pmperty of the Purchaser, or .said panics in or as a result ofsuch suits or other proceedings. the Seller will at once use the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contmcmo, shall take all safety, precautions finish and install all guards neeasary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bra without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant Iherctn. Revised 03/2010