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HomeMy WebLinkAbout384033 J J'S TRUCKING - PURCHASE ORDER - 9122614 (2)PURCHASE ORDER PO Number Page City Of 9122614 1 of 3 `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 384033 Ship To: STREETS DEPARTMENT J J'S TRUCKING CITY OF FORT COLLINS 221 W. DOUGLAS RD. #17 625 NINTH STREET FORT COLLINS Colorado 80524 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 2,000.00 3 Contractual Labor 1 LOT LS 7,000.00 4 Contractual Labor 1 LOT LS 7,000.00 Total $23,000.00 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 PO Number Page C117/ Of 9122614 z of s _Fort Collins This number must appear / Fort v on all invoices, packing ;and labels. 9-0-� C. Oi'la�sk -;&F1 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. 'lac cxennLines. By statute the City of Fun Collins is exempt Rum state and local luxes. Our flx,ngnion Nunhbcr is 11. NON WAIVER. 98-04502. Federal Cxoise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to imiu upon Motet pert"urmmnce of the terns and conditions hercuL failure or delay to Interval Revenue, Denver, Color do (Rcf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (u). exem i,e any rights or remedies provided hcrcin or by law, failure to pnnnpdy unify, the Seller in the event of a breach, the acceptance Of or payment for goods hereunder or approval of the design, shall not release the Seller of Guods Rejected. GOODS REJECTED due to failure to meet xpvcifieatlons, either when shipped or due I. def cls of any of the wvrr nnie, or obligations of this purchase order and shall nut be deemed a waiver of any right of the damage in most. may be waned to you fur credit and are not to be replaced except upon receipt of written purchaser I. insist upon strict performance hereof or any of is rights or comedies as many such goods, regardless instructions from the City afflict Collins, of when shipped, received or accepted, as tan any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Punhuser oWn c as a waiver of any of the forms Inspection. GOODS arc subject in the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order cull resuh in 12.ASSIGNMEN'l OPAN'1'HRUS"ICLAIMS. 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 prelice, overcharges resulting Gunn antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. vioblimis arc in tact bones by the Purchaser.'I'heretol"os, for, good cause and tax conxidernliun poor esecming this purchase order, the Seller heroby assigns to the Purchaser any and .11 claims it may now have or hereafter Fwigtt Toms. Shipment. most be F.C.B., City of Fen Collins, 7W Wood St., Von Collins. CO 80522, unless aequird undo, federal Or state antitrust laws for such overch.rgo relining it. the panic.]., goods or.... to,, odwnvise specified on this order. If permission is given to prepay (might and charge sopure ely, the original freight purchased m aquird by the Purchaser punuunt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASrRS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers hove distributing points in curious purrs of the country, shipment is if the I'michaser diners the Seller to career nonconforming or defective goods by a Lute to be agreed upon by the expected from tiro nearest distribution paint to th.tinati.n, and excess freight will be deducted Ism Invoice when Purchaser rind the Seller, and the Seller thereafter indicates it, nubility or unwillici ness to comply, the Purchaser shipments are made from greater distance. may came the work to be perl'onm,d by the most expeditious nei s available to it, and the Seller shall pay all costs associated wint such work. Pcmtits. Seller shall procure at sellers sole cost alp necessay permits, crnifiemcs and licenses required by all applicable fors. regulations, ordinances .,,it mils of the state, municipality, territory or political subdivision show the wad 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 Fun Collins harmless from ..,it against all liability acid loss incurred by than by reason of an asserted or established violation uf:my such laws, regulatirs, ordinances, rule and requirements. Authurimfion. All panics to this contract agree Char the representatives are, in fact, bore fide and possess to]] and complete authority to bind said parties. LIM ITAI ION OF TERMS. This Purchase Order expressly limits acceptance to the terms acid conditions send heroin set Conti unit any supplementary or additional toms and conditions annexed henna or incorporated hcrcin by reference. Any additional or dificent terms and conditions pwpused by seller are objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT inunedia[ely Wynn cannot make complete shipment to arrive on your promised delivery date as noted. Time is office essence. Delivery and performance must be effoeed within the time stated on the purchase order and the documents attached below. No acts of the Purchasers including, without limitation, acceptance of panial pate deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal ..it equimble remcdics, the oprint, of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for danag,s as a result of delays due to causes not reasonably Iorostwable which are beyond its reasonable control and without is fault of negligence, such acts of God, acts s ivit or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to rho Purchaser within five (5) days of the ,ire when the Seller lint received knowledge thereof. In the event of any such delay, life dune of delivery shall be extended for the period equal to the time actually lost by reason or do delay. 3. WARRANTY. The Seller warm n, that all goods, articles, m norilds and work covered by this .,do, will national with applicable drawings, specifications, samples undfor other descriptions given, will be fit Ivor the purposes intended, and performed with the highest degree of caw and compconce in accordance with accepted standards for work of a similar nature. The Seller .,cc, w held the purchaser hamdess from any loss, damage or expense which the Purchaser may .Mier or incur on account Motile Sellers breach of warranty. The Scllcr shall replace, repair or mukc good, without cost to the pmehuseq any clo cps or faults arising within One (1) your or within such longer period .f time as may be prescribed by law or by the terns of any applicable warranty provided by the Scllet utter the date of acceptance of fl , goods furnished hereunder (acceptance not to be unreasonably delayed), result in, from ingerlcct or defective walk 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 waranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shape extend m all damage po ximmily caused by the branch ofully .['the foregoing alliance, or guarantees. but such liability shall in no event include loss of profit or loss of mc. NO IMPLIED WARRANTY OR MERCHANTABILf1'Y OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nrke changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may retake any changes to the [onto, other than legal toms, including additions to or deletions [tom the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change aeccts the amount due or the time of,rh mha ce hereunder, an equitable adjusuncnt shall be made. 6. TERMINATIONS. 'I he Purchaser may at any time by written change order, terminate phis agreement as to any or all portions of tile goods then not shipped, subject to any equitable adjusunnit between the parties as to any work or f a[criul, then in ,ei provided Ill., Ih, Pumha.cr xldl nut be liable for any claims for anticipated polls on the u unrplacd portion of the gods amUor work, for incidental or consequential damages, and that no such adjustment be made in favor rif the Seller with aspect no any guess which arc the Sell,, sandard ..tuck. No such nornninan.,, shall relieve the Purchaser., the Seller ofany ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmanr must be asmred within thirty (30) days from the date life change or wnninmion i, mdcwd. S. COMPLIANCE W'1'I'H LAW. 'I he Seller warrants that ail goods sold hereunder shall huve been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods no, subject. Pile Seller shall exceufc and deliver such duemnems as nha, be required w .than or evidence ennplance. All paws and regulations required to be incorporated in agreements of this character are hereby incorporated hcrcin by this ngcnence. The Seller agrees to indemnify and hold the Purchaser harniless franc all cots unit damages suffered by the Purchaser as a result office Scllcr failure w comply with such paw. 9. ASSIGNMENT'. Neither party shall assign, transfer, or convoy this order, or any munies due or to become due hereunder without the prior written consent of the other piny. 10. TITL E. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipmrnt, m:aorials, and clear, furnished in performance of this .,,cement. Ise and clear of any acid all liens, resoictimb, nscnatiuns, security interest cocmnbmnces and claims of othnn. The Seller .hull role... file Pumhnscr and it. contractors of any pier from all liability acid claims of any nature resulting from the performance ofsuclf work. 'Phis release shall apply even in the event of floll of negligence of the puny rdcased and shall extend to the director,, officers and employee of such puny. 'I he Sellers contoretuul obligations, including wunanty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perl'ormd by the Purchaser. 14. PATENTS, Whenever the Scllcr is required to use any design, device, material urprucess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save h:mnles the Purchaser from any and all claims for infringement by nanh of the use m',"If peened design, device, material or process in connection with the cuntruct, and ,ball indctnnily the Powhn.er for any cast, exleme or damage which it only be ubligcd to pay by reason of such infringement m any line diving the prosecution or after the completion of the work. In cute said equipment, or any part thereof or the intended use of file goods, is in such suit held to constitute imtingcment and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either procure lot the Purchaser the right to continue using said equipment or pan., replan, the unto with substantially equal but noninfringing equipment, or modify it so it beennes i nhinfringing. 15. INSOLVENCY. It the Sella .hull become insolvent or bankrupt, make tan assignment for the benefit of creditors, appoint a receiver or trustee fur any of the Sellers property or business, [his Order rimy forthwith be canceled by the Purchu.....chair liability. 16. GOVERNING LAW. Pile definitions oferns used or the inerpmafin, office agreement and the rights Ofall panics hcrewndo, shall be construed under and governed by the laws riffle Slate .(Colorado, USA. Pilo following Additional Conditions apply Only in cars where the Seller is to perform work hereunder, including the xerviecs o[' Sellers Reprosenativo(s), on the promises of odwro. 17. SELLERS RESPONSIBILITY. The Seller shall Carty tan .aid 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 the work and/or materials before Sellars final completion and acceptance, cuoplo[o the work at Scllcrs man expense and to the nisfnction of [tic Purchaser. When materials and equipment are furnished by odnn for inallatiaa or crmfiun by dre Seller, the Seller shall noceiv,, unload, slore and handle same at file site and become responsible thcrof.r a though such materials and/or equipollent were being furnished by the Seller muter life odor. 18. INSURANCE. 'I lie Seller .hull at his own expense, provide Ivor [tic payment of wurkers compensation, including occupational disease bandits, to its employees employed tau or in connection with [tic work covered by this purcbuse order, and/or to their dependants in Lie ... dinec with to Ines of the state in which the work is to be due. The Seller shall also carry conhpmhcnsne general liability including, but nap limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one pawn, S500,000 for any one accident acid property dunmge limit per accident of S400,000. 'file Seller shall Iikewi,c require his contractor, if any. ILL provide for such compensation and insurance. Before any of the Sellers or his contractors anpluyccs shall do cry work open [he penises of .[he., the Seller .]fall Finnish the Purchaser.t ill a certificate that such compensation and insurance have been provided Such ecni[iewc, skull specify [he date w'loan such compensation and insurance have been provided. Such cenificales shall specify the date when such comhpcnsation unit insurance expires. 'I'lie Seller agrees That such compensation acid insurance shall be maintained until taller the entire walk is completed and accepted. 19. PROTECTION AGAINS"f ACCIDENT S AND DAMAGES. The Scllcr hereby assumes the entire respumrbilify aW liability fur any and all dunnage, loss I, injury ofully kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or ill connection herewith. I lie Seller will interiority and hold Iarmles the Purchaser and any or all of the purchase, utfieos, agents and umployces from and ugaillm any and all claims, losses, damages, charges or expenses, w'hetcr direct or indirect, and whither to persons or pmpcny to which [he Purchaser nay be put or subject by wean of any act, ac mr, neglect, omission or default an the pan of the Seller, any of his contractors, or any of file Sellers or con[, nun officer,, agents or employees. In case airy suit or other proceeding, shall be brought again,, the Purchaser, or its oliiecn, agents or cnhployces at any little oil account or by waswn of any an. action, re,len, omission or default of the Seller of any of his contractors or any of is or Ihcir officers, agents or employees as efureraid, tc Seller hereby agrees to assume the defense [hereof and to defend the same at the Sell,..wn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgment, [hut say be incurred by or obtained against the Purchaser or any ul' in or their oticen, agents or employe., in such .Oita or ether proceedings, and in case judgment or other [full be placed upon or .blamed against do property of the Purchaser, or said parties 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 otherwi.e. The Seller and his connectors shall lake all safety precautions, furnish and install all guards necessary for the prevention of accident, congsly with all laws and mgnIalimis with regard to saliay including, but without limitation, the Occupational Safetyand llcalt Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010