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HomeMy WebLinkAbout446425 JW TRUCKING INC - PURCHASE ORDER - 9122615City of art Collins Date: 05/04/2012 Vendor: 446425 JW TRUCKING INC 2007 ROCKPORT CT FORT COLLINS Colorado 80528 PURCHASE ORDER PO Number Page 9122615 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET 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 UOM Unit Price Extended Ordered Price 2012 CONTRACTUAL 1 LOT LS 5,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 5,000.00 3 Contractual Labor 1 LOT LS 5,000.00 Total $15.000.00 C3. O✓ta.s-4.J� 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Ilv stamtc the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVF;R. 9R-m502. Ecdml Excise Tax Exemption Certificate of Registry 84-60111587 is registered .with the Coffeemr of Failure of the Purchaser to insist upon strict perfomnncc of floc tcros and conditions hereof, failure or delay to Internal Rcvefnc, Denver. Cplmp do (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (n), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speci final ions, either when shipped or duc to defects of any of the wmmruics or obligations of this pnrehase order and shall not he deemed a waiver ofany right ofthe damage in transit. may he retained to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfnmfacc hercaforsny of its rights pr remedies as In any such goods, regardless instruction, from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent ddnull hereunder, not shall anv purported oral modification err rescission of this purchase enter by the Purchaser operate as a waiver ofany of the terns Inspection. GOODS arc subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can result in 12. ASSIGNMENT OFANTITRUST CLAIMS. authorized payment on the part 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 resulting from antivust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact home by the Puchmer. Theretofore, for good cause and as consideration for excenling this purchase rodeo, the Scller, briefly assigns to the Purchaser any and all claims it any now have or hereafter Freight Terms, Shipments must be F.O.B., City Of Fort Collins, 700 Wood St.. Fort Collins. CO 90522. unless required under federal or state antitrust Imes for such overcharges miming to the particular goods or sersdces otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchnscr pursuant to this purchase older. bill most accompany invoice. Additional charge for packing will not be acccptcd. Shipment Distance. Where maaufeeturcrs have distributing points in various pans of the country, shipment is expecrcd form the nearest distribution point to desrination, and excess freight will be deducted from Invoice when shipments me made from greater distance. Pewits. Seller shall procure of sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates oflhe state, municipality. territory or political subdivision where the work is perfom al. 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 hamlcss from and against all liability and loss inaumd by them by remon of an asserted or established violation ofany such laws, reputations, ordinances, odes and requirements. Authonmtipn. All panics to this contract agree that the representatives are. in fact hone fide and possess full and contplem authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stated herein set forth and any supplcmcntary or additional tcmu and conditions annexed hereto or inceapnmted herein by reference. Any additional or different terns and conditions proposed by seller arc 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 floc es. eace. Delivery and performance must be effected within the tine "stated on the pnrchasc order and the documents attached harem. No acts of the Purchawm including, o'ifl o tt limitation, acceptance ofpertial late deliveries, .shall operate as a waiver of this provision. In the event ofanv delay. the Puchaser shall have, in addition to other kcal and equitable parades. the option of placing this order clsawhcrc 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 masonabh foreseeable which arc beyond its reasonable control and .without its fault of negligence, such acts of God acts of civil or militaryaothoritics, governmental priorities, fires, strikes, flood. epi dent ics, wars or riots provided that notice of the conditions causing such delay is given to the Nimhascr within five (5) days of the time when the Seller first namivcd knowledge thereof In the event of any such delay. the Ante of dcl ivery'ImlI he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller variants that all goats, articles. materials and work covered by this order will confomi with applicable drawings, specifications, samples and/or other daeriptinns given, will he fit for the pnrmmscs intended, anti performed with the highest degree of care and cnnmctcnec in accordance with accepted standards for work Of n similar mture. The Seller agrees in hold the purchaser hamlcss fmm .any loss, damage Or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warm nty. 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 ofany applicable warranty pmvided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials firmishcd by the Seller. Acceptance tar use of goods by the Purchaser shall not constimte a waiver ofanv claim under this wam my, Except as Otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of now foregoing wnrmntica or guarantees, but such liability shall in no event include Ins, of profits err loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchnscr may make changes to legal tans by written change older. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the Isms, other than legal terms, including additions to or deletions from the goamities originally ordered in the specification% or drawings. by verbal or wmmn change order. If any such change affects the amount due or the time ofpnfomtance hereunder. an equitable adjusmmm shall be made. fi. TERMINATIONS. The Purchaser may at any time by wrincn change order. terminate this agreement as to any or all portions of the goods then not shipped, subject in any equitable adjustment twrveen the panics as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated pmfite on the nncomplead Portion ofthe goods and/or work, far incidental or consequential damages, and that no such adjuetment he made in favor Of the Seller with mxpcel to any good which are the Sellers .standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations ns to anv gens delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty, (30) days from the date the change or temination is Ordered. R. 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 Inns and regulations in which the goods are subject. The Scllcr shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be inempomted in agreements of this character arc hereby incorporated intent by this reference. "fhc Seller agrees to indemnify and hold the Purchaser fo mdcss firm all cost and damages suffered by the Purchaser as a result of floc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or eonvev this order, policy monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr wamnts full. clear and unrestricted tide In the Purchaser for all equipment, materials, and items furnished in performance of this agrecnteal, free and clear of any and all liens, restrictions, rescrvatimx. security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m comet nonconfnming or dc(Wiwe good by a date to be agreed upon by life Purchnscr and the Seller, and the Seller Ihcreafter indicates its inability orunwillingness to comply, the Purchaser nmy cause the work to be performed by the most expeditions means available to it, and the Seller shall paw all costs associated with such work. The Seller shall release the Purchnscr and its contractors of any tier from all liability and claims ofany nature resulting fmm the performance ofsach work. This relrase shall apply even in the event of fail]: of negligcnec of the party mImsed and shall extend to the directors, of➢ccrs and anployccs ofsoch parry. The Seller's comracm;d obligations, including warranty, shall not be deemed to he reduced, in any way, bemuse such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. k\'henmer the Seiler is required to use any design, device, material or pmccss eovemd by Icner, patent. undcmark or copyright. the Seller shall index reify i nd save harmless the Purchaser fmm 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 Parchmer for any cost, cxpemc rr dmm.ge which it may be ohligcd to pay by rcmon ofsoch infringement at any tint, during the prosecution or after the completion of the work. In case said cquipntent. or any part thereof Or the intended use of the good, is in such suit held to con stil utc in fringcmcnt and the use of said equipment or pan is enjoined, the Seller shall, at its men expense and at its Option. either Principe for the Purchnscr the right to continue using said equipment or pans. replace the Same with substantially equal but noniniringing cquipmcnl. m modify it so it becomes mninfringing. 15. INSOLVENCY. If the Seller'luill been insolwcal err bankmpd, make on assignment for the benefit of creditors, appoint a receiver or tmsice for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser withmn Iiability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofall panics hcrcundcr shall be eonstmed under and gm'emM by the laws of the State of Calnmdo. USA. 'rhe following Additional Conditionp apply pithy in cases where the Scllcr is to perfomo work hereunder. including the services Of Scllcrs Rclamsentalive(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry On said work at Setter's own risk ..,it the lime is fully completed and acccptcd, and shall. in case of anv accident, destruction or injury to the work and/or materials ficfnn: Seller's final epmplction and acceptance, complete the work ill Seller's own expense and to the satisfaction of floc Purchaser. When materials nod cquipmcnl are burnished by littler., for installation or erection by the Scller, the Scllcr shall receive, unload, store and handle smile at the site and becmne re'pposible therefor as though each materials and/or equipment were being furnished by the Seller ruder drencher. 19. INSURANCE. The Seller shall. at his own expense. provide for the payment Of worker, compensation, including occupational disease hcndim In its employees employed on Or in connection with the work covered by this purchase order, .and/or to their dependents in accordance with the how; of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, hill out limited to. contractual and automobile public liability i....mn« .vhh hmlily igiury and death limas cr at [cast S30o.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 contractors, if any, m provide for such compensation and insunnee. Before any of the Sellers or his contractors employees shall do nov work upon the premises of others, the Seller shall furnish the Puchaser with a certificate that such compensation and insumnec have horn pmvided. Such certificates shall specifv the date when such compcnsalion and insurance krvc been provided. Such cenibcams shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance stiff] be maimained until after the calire work is completed and acccptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcepansibility and liability forany and all damage. loss pr injury ofany kind or nature whatsoever to pco n is or property caused be pr resulting from the execution ofthe work provided for in this pureliase onlcr or in connection heresyith. The Scllcr will indemnify and hold harmless the Purchaser and any or all Of the Purchasers officers, agents and employees fmm and against any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchnscr cony he put or suhimt by reason ofany act action, neglect, omission or default on the part ofthe Seller, any of his eontracmrs, or cqv of the Sellers or contractors officers, agents or camlovecs. In case any suit or other proceedings shall be brought against the Purchaser, or its of iecrs, agents or employees at any time on account or by reason of anv act, action, neglect Omission or default ofthe Seller ofany 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 saint, it the Sellers own cxpe rsc, to pay any and all costs, charges, attorneys fees and other expenses, any and Al judgments Ihnt nray be incurred by or obtained against the Purchaser or any of its or their office is .agents Or employees in such spin err other proceedings. and in case judgment or other lien he placed upon or Obtained against the property of the Purchaser, or said Panics in or as a result of such suits or other f orccedings the Scllcr will at once cause the snmc to he dissolved and discharged by giving bond or otherovkc.'] he Seller and his contractors shall take all safety Precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bar without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued ponamnt :hereto. Revised 03/2010