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HomeMy WebLinkAbout103265 HAISTON OIL COMPANY INC - PURCHASE ORDER - 9120001Fort Collins Date: 01/03/2012 Vendor: 103265 HAISTON OIL CO 335 S SUMMITVIEW DR FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9120001 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/31/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Unleaded Fuel Blanket order to cover the cost of unleaded fuel for fiscal year 2012 at various sites per terms and conditions of Bid #5365. 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 Misc. Parts 2012 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 1 LOT LS 1 LOT LS 400,000.00 2,000.00 Total $402,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 844000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS RGECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be mounted to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcof, failure car delay to exercise any rights or remedies pmvided herein or by law. failure to promptly notify the Seller in the event oft breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Sellerof any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the Purchaser to insist upon strict performance hereaforany of its rights Or remedies as to any such grads, regardless of when shipped, received or accepted, as to any prior or subsequent default Immander, nor shall any Purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrcof. 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 undctstood that FINAL Seller and the Purchaser mwgnize that in actual economic pmcticc, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedmres. violations arc in fact borne by the Purchaser. Theretofore, for grad cause and as considanlion for executing this purchase order, the Seller hereby assigns to the Purchaser nny and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wool St.. Fen Collins, CO 50522, unless acquired under federal or smm 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 Purchaser pursuant to this purchase order. bill must accompany imoicc. Additional charges for packing will not be accepted. Il. 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 Set let thereafter indicates its inability or unwillingnchs to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costa associated with such work. Permits. Scllcr shall procure at sellers sole cost all neassery permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vender. 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. Authorization. All panics to this contract agree that the representatives are, in fact, bona tide 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 hacia set forth and any supplementary or additional term; and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by selleram 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 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 operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and cynitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, as of civil or military authorities, governmental priorities, fires, strikes. 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 first received knowledge thereof. In the event of any such delay, the date of del ivory shall he extended for the period equal to the time actually lost by reason of the delay. 7. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this order will con font with applicahlc 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 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 of the Sellers breach of warranty. The Seller shall replace, repair or makc goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable womanty provided by the Seller otter the date of acceptance of the goods furnished hacunder (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 pmvided in this purchase order, the Set lens liability hereunder 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 profits or loss of usc. NO IMPLIED WARRANTY OR M ERCI IA NTA B I LITY OR OF FITNESS FOR PURPOSE SI IA LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpafomuance hereunder, an equitable adjustment shall be made. 6. 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 profits 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 Sella with respect to any goods which arc the Sellers standard stock. No such wratination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goads delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (70) days from 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 furnished in strict compliance with all applicable Imes and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc 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 party shall assign, transfer. or convey this order, or any monies due or to became 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, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security, interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This micase shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be 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 Icncr, patent. trademark or copyright, the Seller shall indemnify and sane hamdess the Purchaser brain any and all claims for infringement by reason of the use of such patented design, de, ice. material or process in connection with the contract. and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of soh infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of .said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchnscr 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. IS. 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 pmpeny, or business this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interprctaion ofthe agrccmcnl and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellcrs Representative(.,). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the snore is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllera final completion and acceptance, complete the work at Sellees own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by mhcrs for installation or croclion by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor us though such materials and/or equipment were being furnished by the Seller muter the order. 18. 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 cam comprehensive general liability including, but not limited to, contractual and automobile public liability insnrancc with bodily injury and death limits of at least S300.0011 for anv one person. S500d1110 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 Sellers or his contractors employees shall do any work upon the premises of olhcrs, the Seller shall furnish the Purchaser with a cenificatc that such compensation and insurance have been provided. Such certificates shall specify the Ante when such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the critic work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind Or nature whatsoever to persons or property caused by or reselling from the execution fthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers effects, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to paeans or pmperty to which the Purchaser may be put or subject by reason of any nor action, neglect omission or default on 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 effects, 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 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 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 ease judgment or other lien be placed upon or obtained against the property of the Purchnscr, or said panics in or as a result of such suits or other proceedings. the Seller wi 11 at once cause the came to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occimational Safety and Hcalth Act of 1970 and all rules and regulations issued pursuant theme. Rcviecd 03/2010