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HomeMy WebLinkAbout385513 FAIRCHILD TRUCKING LLC - PURCHASE ORDER - 9122611 (2)City ofPURCHASE ORDER PO Number I Page Collins9122611 1 of 2 This number must appear Fort C ,"\�-J`-' ` on all invoices, packing slips and labels. Date: 05104/2012 Vendor: 385513 Ship To: STREETS DEPARTMENT FAIRCHILD TRUCKING LLC CITY OF FORT COLLINS 925 TURNMAN DR 625 NINTH STREET FORT COLLINS Colorado 80525 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 7,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 7,000.00 3 Contractual Labor 1 LOT LS 7,000.00 Total $21,000.00 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 Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Esentptinn Nunmbe, is 98-f14502. Federal Excise Tax Exemption Certificate of Registry 84-6d5r)(1587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whim shipped or due to defects of damage in transit. may be retumed 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 snhject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the teams and conditions hereof, failure or delav to exercise any rights or remedies Provided herein or by law, failure to promptly notify the Seiler in the event of a breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the mminorities or obligations of this purchase order and shall not he deemed a w o,cr Of any right of the purchaser to insist upon strict peril mmame, hcrenfor any of its rights or remedies as to any such ponds, regardless of when shipped, received or accepted, as In any prior or .subsequent default hereunder. nor shall any purported oral ttndi ficitimn or re,eissian of this purchase order by the Pumhnscr operate as a waiver of any of the terns 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 he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges rcmdting from antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home 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 hate or hereafter Freight Terns. Shipments must he F,O.B.. City of Fort Collins, 700 Wool St.. [:On Collins, CO S0522, unless acquired under federal or stale nntitmst Imes for such overcharges relining to the panicuhr goods Or services otherwise specified on this order. If pcmlission is given to prepay freight and charge separately, the arigioal freight p ochascd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by nay other duly constituted public authority having jurisdiction mcr the work of vendor. Seiler Bather agrees to hold the City of Fort Collins formals, franc and against all liability and Ins, incurred by them by reason of an amend or established vinatic n of any such boas, regulations, ordinance,, odes and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete aunhority, in bind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein so forth ,red any supplementary ar additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions imposed by seller are ahiceted re and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment In naive On your premised 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 anached hereto. No acts of the Purchasers including. without limitation, ueecptanec ofpaniul 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 cgnlable remedies, the option of placing this order cscahcrc and holding the Seller liable far damage,. Hoaevcr. the Seiler 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 negligence. such acts of Gad, acts of civil or military amhoritics. governmental priontie,, fires strikes Rood. 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 dale of delivery shall be extended far the period equal to the time actually lost by mono of the delay. 3. WARRANTY. The Seller warrants that all goods. articicx, materials and work covered by this order will conform with applicable drawings, specifications, samples and/car other descriptions given, will be fur far the purposes intended, and perfamwd with the highest degree of care and competence in accordance with accepted standards for wark of a similar nature. The Seller agrees to hold the purchaser harmless Tom any loss damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser any defects ar faults arising within one (1) year ar within such larger period of time as may be prescribed by Inv or by the terms ofany applicable wmmnty provided by the Seller inner the date of acceptance office goods famished hereunder (aceepanee 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 Pnrchascr shall not constitute a waiver crony claim under this awrmnty. Except as mhemvise pmvidcd in this Purchase order, the Sellers liability hereunder, shall extend to all damages proximately caused by the breach ofany of the fatiguing warmntics or guarantees. but Such liability shall in no event include Ions Mprofits at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions In or deletions from the ginalifv, originally ordered in the specifications a, dra.wiri by realest o rinso change came,. If any such change affects the amount due ar the time of performance 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 in any cquiablc adjustment between the parties as army work or nmferiah 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 he made in favor of the Seller with respect to any grads which arc the Sellers standard stock. No such tatmination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within flirty (30) days from the date the change or Icmhionlim is ankred. S. COMPLIANCE WITH LAW. The Seller warrants ,bar all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 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 cosh and damages suffered by the Purchaser as a result of the Sellers failure to eonmply with such law. 9. ASSIGNMENT. Neither pany shall assign, Transfer, or convey this order. or any monies due or to become due hereunder without the prior wlitmn consent of the other pony. 10, TITLE. The Seller warm its full, clear and unrestricted title to the Purchaser for all equipment materials and items fermi hcd in performance of this agreement. free and dear of any and all liens, restrictions, reservations, security interest encumbrances and claims of othcm. 13. PURCI IASr:RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective gmd, by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingnca to comply, the Purchaser may cause the wark to be performed by the most expeditious means orcilahle to it, and the Seller shall pay all costs a,acimed with such work. The Seller shill release the Purchaser and its contractors of any tier from Al liability and claims of any miler, resulting from the performance nfsuch work. This Telenet, shall apply even in the event Of fault Of negligence of the party released and shall extend to the directors, if icer, and employees oLcuch party. The Seller's eonracurd obligations, including warn my. shall not be deemed to be reduced, in any any, because such wark is performed of cmtsed to he perfomted by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to use any design, device, material or pmecss covered by letter, patent, rndcmark or copyright. the Seller shall indemnify and save hmmless 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 fro any cost. expense or chrome 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 pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment Or pun is enjoined, the Seller shall, at its own expense and m its Option, either practice for the Pnrchascr the right to continue using said cquipmem or pans, replace the same with substnntinlly equal but noninfringing equipment, or mdxlify it so it becomes mminfringing. I5. INSOLVENCY. If the Seller shall became insolvent Or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or mstcc for any of the Seller, property or business, this order may forthwith be canceled by the Pumhnser without liability. 16. GOVERNING LAW, The deli.. iiians of terns used or the in crprcation Of the agrccmenl and the rights craft panics hereunder shall be constmcd under and governed by the last of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcr, Representativc(.$), on the premises o'Mhos. IT SELLERS RESPONSIBILITY. The Scllcr ,hull tarty on said work at Scllcrs own risk until the same is fully completed and accepted. and shall. in case ofany accident, dwroction or injnuy to the work and/or materials before Seller's final completion and acceptnncc, complete the work at Scllcrs own expense and to the .satisaction of the Purchaser. When materials and equipment arc famished by Others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being farnishc l by the Seller under the order. 19. INSURANCE. The Seller shall, a his own expense. provide for the payment of workers mmpeasation, including necupmional disease benef its, to its employees enmployed 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 comprehensive general liability including, but not limited to, contractual and automobile public liability insamnce with bortily injury and death limits of at least S300.000 for any one person, 5500,000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his enntractum. if any. to provide for such compensalion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pmmisex of others, the Scllct shall furnish the Purchaser with a ecni ecte That such compensation and insurance have been provided. Such certificates shall specify the date when such enmpensxtion and insurance have been provided. Such cer ifientes shall specify the date when such compensation and Insurance expires The Scllcr agrees that such compensation and insurance shall be neainounenl notil finer fire entire wark is completed and accepted. 19. PROTF,CHON AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby assume, the entire responsibility and liability factory and all damage. loss or injury of any kind Or nmurc wh d,ocver to person, ar mapcnr caused by of mauhing from the execution ofthc work provided for in this purchase ardour in conneclion herewith. The Scllcr will indemnify and hold hamcless the Purchaser and any or all of the Purchasers offices, agents and employees from and against rov and all claims losses, damages, charges or expenses, ahcthr direct or indirect. and abetter in persons or property to which the Purchaser may be put Or sohir,f be rca,on of any net action. neglect amission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contmcm., oRecrs, agents or employees. In case any suit or other pmcccdings shall be hmnght against the Purchaser. or its oRecrs, agents or employees at any time on account or by reason of any Oct. action, neglect omission or default of the Seller of any of his contractors or tiny Offs or their nRecrs, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorney, fees and mhcr cxpcn,cs any and all judgments tint cony be incurred by or obtained ,gains, the Pnrchascr Or any of in 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 of the Purchaser, or said parties in or as a result nfsuch suits or other proceedings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond m otherwise. The Sellerrod his contractors shall take all safety precaution,. f nnish and install all guards necc,sary far the prevention of accidents comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hcalth Act of 1970 and all roles and regulations issued pursuant therein. Raised 03/2010