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HomeMy WebLinkAbout112307 E & LL TRUCKING - PURCHASE ORDER - 9122610PURCHASE ORDER PO Number Page City of 9122610 1 of 3 `t Collins This number must appear 1 ' on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 112307 Ship To: STREETS DEPARTMENT E & L L TRUCKING CITY OF FORT COLLINS 941 E 4TH ST 625 NINTH STREET LOVELAND Colorado 80537 FORT COLLINS Colorado 80524 Delivery Date: 05/03/2012 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 Ordered UOM Unit Price Extended Price 1 2012 CONTRACTUAL 1 LOT LS 6,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 1,000.00 3 Contractual Labor 1 LOT LS 7,000.00 4 Contractual Labor 1 LOT LS 8,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 $22.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9122610 2o13 FortThis number must appear CollinsJ / Fort on all invoices, packing slips and labels. C3. Oi'lp.�s�Q �L 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order" Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City ofFort Collins is exempt from suite and local rocs. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise 'fax Exemption Cenifica¢ of Registry 84-6000587 is registered With the Collector of Failure of the Ilmd r,er to insist upon strict pai'or ance of the terms and conditions hereof, failure or delay to Interned Revenue, Denver, Colorado (Ref. Colorado Revised Stamtcs 1973. Chapter 39-26, 114 (a). exercise any rights or rcmedics provided herein or by law, luiar, to promptly putt y the Seller in the event of a beach, the acceptance of or payment fur .its hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECfED due to failure to meet specificatiots, culler when shipped or due m defects of any of the wwrtinfl s or obligations of thi, purchase oNer and shall not be deemed a waiver orally right of We damage in transit, may be returned to you for credit .,,it are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hercoforany of its rights or renhedics as to any such good-., regardless insmctions limn the City of Fan Collins of when shipped, ,cci ved...... pied, as to any prior or subsequent default hereunder, nut shall any purported oral nmdifieution or r...ission of this purchase order by the Purchaser operate us a waiver of any of the erns Inspection. GOODS are subject to the City of Felt Collins inspection on annul. hereof: Final Acceptance. Receipt of the ormhandisc, scniccs or equipment in response to this order cmh result in 12.ASSIGNMEN'dOFANTIT'RUS'I' CLAIMS. authorized payment rat the pm of the City of Fon Collins However, it is to be understood that FINAL Seller and the Purchaser recognize Ihat in actual economic practice, overcharges nsulling from amimot ACCEPTANCE is dependent upon completion of all applicable required inspection preccdrav, violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for exeetuing this purehmc od,r. it,, Seller hcrcby assigns I. the Par Im,vr any and .II claims it may now have or hcrcufter Freight Tees. Shipments must be F.O.H., City or Fon Collins, 700 Wood St., Pon Collins. CO 80522. urdc, acquired and,% Iedcml or state nuumst paws for such overcharges mialing to the purlicu[ar goods or services mh,rwise specified un this oiler. Irpermission is given to prepay freight and charge sepumlcly, the original RcigW purcdused sir acquired by the Purchaser pursuant to this purcbasc order. bill must accompany' invoice. Additional .barges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OI' SELLERS OBLIGATIONS. Shipment Dilative. Where nrunulununn have distributing points in various pans of the country, shipment is If flat Purchaser directs the Seller ash collect amteonfonning or defective goods by a date to be agreed upon by the expected tram dhc ncurest distribution point to destination, and excess freight will be deducted fruit, Invoice when Purchaser and the Seller, and the Seller th,aemllcr indicates its inability or unwillingness to comply, the Purchaser shipments arc nude from grcaer distance. may cause the Work to be performed by the nrosu expeditious means available to it, .,,it the Scllcr shall pay all costs assoei ned W ill, such Work. Pe nits. Seller shall procure at sellers sule cost all necessary permits, cenilicates and licemes required by alp applicable laws, regulations, ordinances and rules of the sate, mu licipxdity, territory or political subdivision where the work is perfomed, or required by any other duly constituted public uu homy having jurisdiction over the Work of code,. Seller funh,r agrccs Io hold the City of Fort Collins handcss from and against all liability unit puss incumd by diem by reason of an asserted or established violation of any such Imrs, regulutions ordinances, rules and requirements. Authorization. All panics to this contract agree that the reprsentaines are, in fan, bona fide and possess full and complete amhoriy 10 bind said panics. LIMITATION OF PERMS. This lsur ups Order expressly limits acceptance Io live leans and conditions stated herein sat fonh and any supplementary or additional terms and emWilions annexed horctu or incorporated herein by reference. Any additional or different terns and conditions proposed by'sclicr 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 of the essence Delivery and perfarmance must be effected within the time sated on the purchase order and the dueumcnts attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late delivcrls, shall operate as a waiver ofthis provision. pen the event of amy delay, the Pm,IccWr shall have, in addition 1. other legal and equitable remedis, the option ofplaeing this uder elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable for dmnugcs as a result of delays due to cams nut reasonably foreseeable Which are beyond its reasonable control and without its fault ofnegligenec, such aces of God, acts of civil m milifury authorities, governmental priorities, fires, strikes, Head, epidemics, Wars or riots provided that notice of the conditions coming such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof It, tn• event of any such delay, live date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sell,, wamans that all goods, .niches, materials and work covered by this order will conform with applicable drawmas, spcciliewioas, samples and/or other descripllons given, will be fit for the purposes intended, and pedonned wifh the highest degree of cure and cumpetenec in accordance with accepted sfoulurds for Work ill' a similar nature. Tire Seller agrees to hold the purchaser harndess Imam any loss, damugc or cxpcnse which the Purchaser may snifter or incur on account of the Sellers breach of'w'xrranty. Tire Seller shall replace repair or make good, Without cost to the purchase,. any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law' or by the tams oruny applicable warranty provided by the Seller after the date of acceptance of the gods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective ,.,it don, or nwtcriaps Wnhished by the Seller. Acecpancc or use of goods by the Punhascr shall real conatidac a Waiver ofully claim under this Wamanty. Except as mberwise provided in flue purchase order, the Sellers liability hcrca der shall extend to all damages proximately caused by the breach ofuny of tho foregoing tvarruuics or guaanwes, thin such liability shall in no ,,at include low ofprofits or loss of usc. NO IMPLIED WARRAN'I.Y OR MERCHAN"I"ABILI'f t' OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal ante by Written change oNer. 5. CHANGES IN COMMERCIAL I FRN IS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in fie specifications or drawings, by verbal or Written change order. If any such change myees the amount due or the time of rerformoace hereunder, an equitable adjmuncnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change oNer, emhinate this agreement as to any or all Ionians of the goods then not shipped, subject to any equitable udjusdment between the panics as to any work or materials then in ,,a,,,- P—, ideal doh the Purchaser stall nor be liable for any eta has for anticipated profs on the uncompleted ponion of the goods and/or work, for incidenal or conuquential damages, and that no such adjustment be made in late, of the Seller with mspom m any goorE which are the Sellers sandal stock. No such WIminuliou shag rcficte Ili, Purchaser or the Seller of any of their obligations as to any goods delivered hereunder'. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asacrled within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE: WITH LAW. The Seller warmnu that alp goods sold be,andcr shall have been produced sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject 'I he Seller shall execute and deliver such drooncnts as omy be required to effect or eviderneC conpliance. All paws and regulations required it) be incorporated in agreements of this character are hereby incorporated herein by this rd'ercncc. The Scllcr agree, I. indemnify and hold the Purchaser hamdew from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply With such paw. 9. ASSIGNMENT. Neither puny shall assign, dmnsfeq or convey this order, or any monies due or to become due hereunder wi fhuul the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted on, to the Purchaser for all equipment, materials, and irons furnished in Performance of this agreement, free and clear of any and all liens, restrictions rexnatims, security interest encumbrances and claims of mhc.. The Seller shall release die Purchaser and its contractors of any net from all liability and claims of any nature resulting fmm the performance ref such Work. This release sleill apply even in the event of fault of negfigeri" of the pray released and shall extend to the directors, oficcts and employees ofsuch puny. The Seller's conlmcmal obligations, including warranty, shall nor to deemed to be reduced, in any way, because such work is perfumed or caused to be podormed by the Purchaser. 14. PA'I EN'IS. Whenever the Sit let is required to use any design, device, material or process covered by letter, patent, tradcuark or copyright, the Seller shape indenmify and save harmless the Purchaser front any and ull claims fur infringement by reason of fire use oI such patented design, device, natcrlul at process in connection With the emmrad, told shall indemnify the Purchaser for any cost, expense or damage Which it may be obliged to pay by reason of such in lTingcment at any time during the prosecution or after the completion of the Work. In case said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute inpiingcment and the use of said equipment or pun 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 pans, replace to same with substantially equal but noninliinging cquipmcnt, m modify it so it becomes nonintringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make mi assignment for Ile bentelil of creditors, uppoint a receiver sir trustee for any of the Shcca progeny or business, this adcr may fonhwilh be canceled by the Purchuscr Without liability. 16. GOVERNING LAW. The detinilimu of irons used or the inlerpreation ofthe agreement and the rights of WI panics hereunder shape be construed under and governed by the paws of the State of CoWmdu, USA. "I'he following Additional Conditions apply only in gas%%here the Seller is to pennon work hereunder, including Ibe awakes of SeBcns Represenhafive(s), on the premises of othrrs. 17. SELLERS RESPONSIBILITY. 'I he Seller shall curry on said Work at Settees own risk until the same is fully cunhpleed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and ucc Tuui,v, complete the work at Seller's own expense unit to the satisfaction df the Punhascr. When uaarials and equipment are hirnished by others for insullatlon or erection by the Seller, the Seller shall receive, unload, store end handle smue at [tic site .,,it becune responsible therefor as though such macrials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shape, at his own expense, pmvidc for the payment of workc, compensation, including occupational disease Wndlls, to its employees employed nth or in connection With the Work covered by this purchase oNer, and/or to their dependents in accordance with the ii xv of dhc slate in which the work is to be done The S,IIvr shall also curly comprehensive general liability including, but not limited to, coma¢mil mW automobile public liability insumnoe with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000, "fhc Seller shall likewise require his contractors, it any, to provide for such cmnpensation and insurance. Before any of the Sellcn or his contractors cnhployccs Shull do any work upon the premises of others, the Seller shape furnish the Purchaser with a cenificate Wert such compensation and insurance hmc been provided. Such cenilicates shall specify the date when such compenvtimr and insurance have theca provided. Such cenilicates shape specify tire date when such conhpen notion and insurance expires. The Scher agrccs ilia? such compensation and insurance shall be malnalned until after fhc entire wad is completed and accepted. 19.PROI'ECHON AGAINST' ACCIDENT'S AND DAMAGES, The Scllcr hcrcby as woes the entire reslwn,ibfi1y and liability Pero any mW all dmnuge, loss or injury ofuny kind m mien whatsoever to persons or pmp,Ay caused by or resulting from the execution of fhc work provided for in this purchase oNer or in connection herewith. The Seller will indemnify and hold harmless the Punhascr and any r alp .1 ?he Purchase,, office., agents and emplq'cs loom and agairio any and all dorms, losses, damages, charges or expenses, whether direct or indirect, and whether to per,ons or pmpeny to which the Purchaser may be put or subject by rci son orally act, action, ncg[cet, emission or default on the pan of the Seller, any of his emuractms, or any of the Sellers or contractor, oflicen, ig,nls or employees. I,I cusc any suit or other proceedings Shull be brought again, the I'melaser, or is of ccrs, agents or employees at any time on account or by reason of any act, action, neglect, omission nr default of the Seller of any of his cmumerors or any of is or their once., .gems or employ... 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 alp costs, ethirgs, 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 office., agents or employees in such saris or other proceedings, and in case judgment or other [tell be placed upon or obtained against the pmpcny fthe Purchaser, or said panics in or as a result ofsueh soil, or other proceedings the Seller will nt since cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his eonlraclo. shall take ill safety precautions, furnish and iisull all guards necessary for the prevention of accidents, comply with all paws and regulations with regard to safety including, but without limiation, the Oecup ltiunul Surety and Health Act it 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010