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HomeMy WebLinkAbout128575 GRAY OIL CO - PURCHASE ORDER - 9120000PURCHASE ORDER PO Number Page City of 9120000 1 of z ' `tThis number must appear Collins1 on all invoices, packing slips and labels. Date: 01/03/2012 Vendor: 128575 Ship To: FLEET SERVICES - MAIN SHOP GRAY OIL CO CITY OF FORT COLLINS 804 DENVER AVE 835 WOOD ST FORT LUPTON Colorado 80621-2164 FORT COLLINS Colorado 80521 Delivery Date: 01/03/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Bio-Diesel 1 LOT LS 400,000.00 Blanket order to cover the cost of bio-diesel and unlead fuel for fiscal year 2012 at various sites per terms and conditions of Bid #5829. Only branded fuel will be accepted and requests for fuel shall be made by City Parts department only. All deliveries shall be accompanied by an invoice or delivery ticket. It is the driver' s responsibility to ensure that a City employee is present before hooking up to any City fueling site. 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. 2 Unleaded Fuel - 2012 1 LOT LS 150,000.00 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt fmm state and local tax,. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict perfomcance ofthe terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the went of a breach, the acceptance ofm payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to raw specifications, either when shipped or due io defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of fibs damage in transit, may be returned to you for credit and an not to be repsccd except upon receipt of written purchaser to insist upon strict performance hereafor any of its rights or remedies as to nny such goods. regardless instructions for. the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported cars modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Ierm; Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fen Collins, CO 50522. unless required under federal or stale 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 original freight purchased or acquired by the Purchnscr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various parts 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 nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necavry permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, 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 5uther agrees to hold the City of Fort Collins harmless Form and against all liability and loss incurred by them by reason of an accented or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics In this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemenmry or additional terms and conditions annexed herein or Incorporated herein by reference Any additional or different terms and conditions propeced by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immeAiatcly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the pumheu order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be Iieblc for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without is fault ofnegligence. such arcs mrG d. acts ofcivil or military authorities. governmental priorities, fires, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamans 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 pafommed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agres to hold the purchaser harmless firm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, w'idm4 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 law or by the torn; Many applicable warranty provided by the Scllcr after the date of acceptance of the 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 no, constitute a waiver of any claim under this warranty. Except as othawso provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties nr guarantees. but such liability shall in no vent include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L T ERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm 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 of wrfommnec hacundn, 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 progross provided that the Purchaser shall not be liable for any claims for amicipued profits on the uncompleted portion ofthe goods and/or mark, for incidental or consequential damages, and that no such adjustment be made in favor of the Sclla with respect to any goods which arc the Sellers standard stack. No such saturation shall relieve the Purchnscr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have barn produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaur harmless fmm all costs 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 order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaur for all cquipmcnt, materials. and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrance and claims of others. The Sella shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the perfommnce ofsuch work. This rdcase 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 parry. The Settees contractual ohligaicn,. including vs'anarty, shall not be deemed to be reduced, in any way. bmansc ,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 knot, patent trademark or copyright, the Seller shall indemnify and save hamtless 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 ofthe work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of mid equipment or pan is enjoined, the Sella 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 equipment, or modify it so it becomes 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 Sellers property or hosincss, this order may fenhwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Icrm; used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(,), on the premises firearm. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to she work and/or materials before Seller's fiat completion and acceptance, complete the work at Seller's own expense and Imo the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or cquipmcnt were bring 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 state in which the work is to be done The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300,000 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, if any, to provide for Such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a cenificarc that such compensation and insurance have been provided. Such certificates shall specify the date when such enmpcnsulum and insurance have been provided. Such ca tificams shall specify the date when such compensation 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 AGA INST ACCIDENTS AND DAMAGES. The Seller hereby nssumcs the entire responsibility and liability for any and all damage, loss or injury efery kind or ..lure whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchases ogees, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purcha-ser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or anv of the Sellers or contractors officers, agents or employees. In case any suit or other prncadings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, 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 vane m the Sellers own expense, to pay any and all toss, charges, attomeys fear and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser Or anv 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 ofthe Purchaser, m said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or mhcrmisc. The Seller and his enntraetos shall take all safety precautions, famish and install all guards neoamry for the prevention of accidents, comply with all laws and regulations mith regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 0312010