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HomeMy WebLinkAbout338149 FUELMAN - PURCHASE ORDER - 9120006PURCHASE ORDER PO Number Page City of 912000s 1 of 2 `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 01/03/2012 Vendor: 338149 Ship To: FLEET SERVICES - MAIN SHOP FUELMAN CITY OF FORT COLLINS PO BOX 105080 835 WOOD ST ATLANTA Georgia 30348-5080 FORT COLLINS Colorado 80521 Delivery Date: 01/03/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 100,000.00 cover the cost of fuel for fiscal year 2012. All fuel transactions must be recorded and billed via invoice or statement. 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. Total $100,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrtrs and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 99-0,1502. Federal Excise Tnx Exemption Cenifieate of Registry 84-6000597 is registered with the Collector of Internal 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 doe to defects of damage in transit, miry be renamed to you for credit and arc not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the Iems 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 rwem of u breach, the neceptance tfor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase onler and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall 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 Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.T. City of Fort Collins, 700 Wood St., Fart Collins, CO 90522, 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 original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must 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 1f the Purchaser directs the Seller to correct nonconfomting or defective good by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Pumhascr and the Seller, and the Seller thereafter indicates its inability or unwillingness 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 costs associated with such Work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state. municipality. territory at 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 Fort Collins harmless from and against all liability and loss incurred by them by reason otoo asserted or established violation of any such law%, regulations, ordinances. mles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind ,aid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller are 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 ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pamhascr 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 liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of ncgl iger cc. such acts of God, acts of co, it or military authorities gm. command prinmics, fires, strikes. food, epidcm ics, ware or rims 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 be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods onicles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other descriptions given, wi11 be fit for the purposes intended, and perfrmmed with the highest degree of care and competence in accordance with accepted standards far work of a .similar union. The Seller agrees to hold the purchaser hamlcss from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair 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 law or by the tans of any applicable wamnty, provided he the Sellerafter 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 not constitute a waiver ofony claim under this wamnty. Except us otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tans, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change tract. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all Portions of the good then not shipped, subject to any equitable adjusment between the panics is to any work or matainls then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good mhich arc the Sellers; standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustent must be asserted within thirty (30) days from the date the change or terminatinn is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdttv from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Ncitha parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITL E. The Seller warrants full, clew mad unrestricted title to the Purchaser for all equipment, materials, and hems furnished in performance of this agrecntent. 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 her from all liability and claims of any nature resulting from the performance of such work. This release shall apply oen in the event of fault of negligence of the parry released and shall extend to the d ircemrs, olTrcers and employees of such parry. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced. in any way, because ,such work is performed or caused to be performed by the Purchuser. 14. PATENTS. Whenever the Seller is required to asc any design, device, material or process covered by letter, patent, tmdcmark or copyright. the Seller shall indemnify and save hamless 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 ar 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of .said equipment or pan is enjoined, the Seller shall, at its two 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 nnninfringing equipmen, or modify it so it becomes moninfringing. 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 Set lets property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation nfthe 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 perfomu work hereunder, including the services of Scllcr; Rcpresentatiec(s), on the premises efothers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Scllcrs 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 before Seller's Pont completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials and equipment are furnished by others for installation or erection by the Seller. the Sellershall receive. unload. store and handle same at the site and become respensible 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 Imes of the state in which the work is to be done. The Seller shall also carry comprchcnsive general liability including, hot not limited to. contractual and automobile public liability insurance with bmlily injury and death limit of at Icant S300.0p0 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, nary. to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work open the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such ccr ifieares 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 AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any and all damage, loss ar injury ofony kind or nature whatsoever to persons or pmpetty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hem,ith_ The Seller will indemnify and hold hnmlcc the Parohexcr 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 persons or property to which the Purchaser 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 any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its oflccrs, agents or employees at any time on account or by reason of any act, aelion, 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 ut the Sellers own expense, to pay any and all costs, charges, attomcys 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 use judgment or other lien he placed upon or obtained against the popery of the Purchaser. or said panics in or as a result of such suits or other proceeding, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his canon ch-as shall take all safety precautions, famish and install all guards necessary for the pm%cmion of accidents, comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safety and llcalth Act of 1970 and all talcs and regulations issued pursuant thcrela. Revised 03/2010