HomeMy WebLinkAbout485432 ON POINT HAULING LLC - PURCHASE ORDER - 9122621PURCHASE ORDER PO Number Page
City Of9122621 1 of 3
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 05/04/2012
Vendor: 485432 Ship To:
STREETS DEPARTMENT
ON POINT HAULING LLC
CITY OF FORT COLLINS
197 CAMINO DEL MUNDO
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
5,000.00
PER TERMS AND CONDITIONS OF BID 7355
2 Contractual Labor 1 LOT
LS
3,000.00
3 Contractual Labor 1 LOT
LS
7,000.00
4 Contractual Labor 1 LOT
LS
10,000.00
Total
$25,000.00
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.corn
PO BOX 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City of 9122621 z of s
`t Collins This number must appear
on all invoices, packing
slips and labels.
C3. Oi'✓1..:�s--Q �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Eon Collins is exempt front state and local ta>. Our Exemption Number is 11. NON WAIVER.
98-04502. Federal Excise Toe Exemption Cer itieme of Registry 84-60005S7 is registered ,,'ill, the Collector of Failure of the Puchaser to insist upon strict performanec of the terms and conditions hereof; failure Or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise uny rights or remedies provided herein or by law, failure to promptly notify the Setter in the event of.
breach, the acceptance of., payment for goods hereunder ar approval of the design, skull nor release the Scllcr of
Goods Rejected. GOODS REJECTED due to failure to meet spc,ifca i.r . either when shipped or due to defects of any of the want rare, or obligations of this purehaw order and shall not be deemed a waiver of any right at the
damage in lanuit, rimy be returned to you for credit and are nut to be replaced except upon receipt of written purchaser to insist upon strict pcnornnlnce hereof or any of its rights or remedies as to any such goods, regardless
instructions lion the City of Fen Collins of when shipped, received or accepted, us to any prior or subsequent default hereunder, nor shall any purp.ncd
call ntudilicution or rescission of this purchase order by [tic Purchuscr operate as a waiver of any of fhc terms
hspclion. GOODS arc subject m the City effort Collins inspection an arrival. hcre.L
Final Acceptance. Receipt of the merchandise, services or cqu,ancal in response to this order can result in 12. ASSIGNMENT OF ANTI 'fRUS'I" CLAIMS.
authorized payment on the pan of the City of Fun Collins. Il......, it is to be u:dcntoud 31nl1 FINAL Seller Ord the Purchuscr recognize that in actual economic practice, overcharges resulting limn antitrust
ACCEPTANCE is dependant upon completion ufull applicable required inspection prucedure, vialmionl are in fact borne by the Pmcm,c,. IWnclabov, for good cause and as consideration for executing this
purchase order, the Seller hereby signs r. till Purchascr ally and all claims it any new have or hcro.fier
Freight Toms. Shipnncns most be F.O.B., City of Fun Collins, 700 Wood St., Fen Collins, CO 80522, unless acquired under federal or state antitrust laws l.r such overcharges relating to the particular goods or services
Otherwise specified on this order. If pernrisiun is given to prepay freight and charge scparucly, the original freight purchased .,acquired by the Purchaser pursuant to this purchase ordev
bill must accompany invoice Additional charges fur packing will nut be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers heave distributing points in various puns of the country, shipment is If the Purchaser direct, the Seller to correct ounconfuming or defective goods by a date tube agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcrcalier indicates its inability or mnwillineness to comply, the Purchaser
shipments ore made from grower distance. may cause the walk to be perfumed by the nnost expeditions moans available to it, and the Seller shall pay all
cost, associated with such work.
Permits. Scllcr shall prwur, N sellers talc rust all necessary permits, ccr ifiemes and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
dal work is pcdurnrN, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agmcs to hold the City of Fort Collins handles final and against all liability and loss
incurred by them by reason of an lessened or esmblished violation of any such laws, regulations, ordinances, rules
and requirement,.
Aulhonzation. All parties to this contract agree thin the representutives are, in fact, bona fide and possess full and
complete authority a bind said panics.
LIMII'A'I ION OF'I'ERMS: This Puehrie, Order expressly limits uecepunce to the terns and conditions stated
herein set forth and uny sapple ntcalmy or additional turns and conditions annexed hereto or incogtuntcd herein by
octen,acc. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
I. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it' you cannot make complete shipment to arrive on your
promised delivery date us noted. Time is of the essence. Delivery and performance amsl be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
Iimiution, acceptance of partial late deliveries, shall upcate as a waiver of this Provision. In the event of any delay,
de Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seiler liable for damages. However, the Seller shall nut be liable for damages as a result of delays
due to causes out icasom ddy f.rexcabl, which are beyond its reasonable control and without its fault ofnegligence,
such nest, of God, aes of civil or military authorities, govemnental priorities, fires, strikes, fund, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of fhc
riot, when the Scllcr first received knowledge thereof: In lire event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lust by reason Of the delay.
3. WARRANTY.
The Seiler warmnls that all goods, articles, materials and walk covered by this order will caldron with upplicublc
drawings specificaime, sannples and/or other descriptions given, will be fit for the pulp.... intcndcd, and
pedunned with the highest degree of case and eonpococc in accordance with accepted standards For work ul' u
similar nature. 'tile Seller ugrccs to hold the purchaser harmless from any loss, damage or expense which the
Purchaser nnay.ufler or incur on account of the S,Iler breach of warranty. The Scllcr shall replace nicla or make
good, without cost to the parch:seq any defects or faults arising within one (I) year ter within su do larger period of
time us may be prescribed by Imo or by the tees of a y applicable warmnty pmvidcd by the Seller after the date of
acecptmte, of the goods furnished hereunder (acceptance not to be mocasenabl) delayed), resulting from imperlcel
or defective work done or materials furbished by the Seller. Acceptance or use of goods by the Purchaser shall nut
constitute. waiver ofany claim undo this warranty. Exccp, as otherwise pmvidcd in this purchusc order, the Seller,
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing hvarrantics
or guarantees, but such liabilityshall in no event include lot, of prods or lass of tea•. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by oruten change order.
5. CHANGES IN COMMERCIAL TERMS.
'Ur, Purchaser any make any el .... ge, to the tcrnts, other than legal temu, including additions to or deletions from
the qu.ntillcs originally ordered in the specifications or drawings, by verbal or written chungc order. If any such
change affects the manual due .,,he time ofperfurnna ce hereunder, an equitable adjustment skull be made.
6. "1'ERMINA'1'IONS.
'I It, Purchaser ..nay at any time by wriuen change order. tenniume this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between ,he parties as to any walk or materials then in
Prognxa provided tut the purchaser Arull not be liable fur ally chilli., for anticipated profit, on rho rLuturopleted
Porten of the good's and/or work, for incidental or consequential damages, and [fiat no such adjustment be made in
I§vur of Jre Seller with respect to any goods which arc the Sellers standard stock. No such rcmrinatiun Andl r here
the Purehawror de Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty FIB days Iron the date Th, change or unninaion is
ordered.
S. COMPLIANCE: WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
eonnpliancc with all applicable laws and regulations to which tit, goods are subject. The Seller shall execute and
deliver such duwnenu us cony be required to effect or evidence compliance All Loss and regulations required to be
incurfwreed in agreements of this character are hereby incorporated herein by this rr,crcnce. The Seller ugrccs to
indemnify and hold the Purchuscr hanales from ull east, and damages suffered by tie Purchaser as a result Blare
Sellers failure 1. comply sviih such Imo.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this.rdcn Or any monies due or to becmne due hereunder without the
prior written c..... I of rho other party,
to, i'I'fLE.
'I he Seller wamams full, dear and mr,somed title to the Purchaser for all equipment, ormcna6, and items furnished
in performance of this agreement, Gee and clear of any mid all lief,. restrictions, reservaimu, security interest
encumbrances and claims of others.
The Seller shall release the Purchuscr and its contractors of any her front all liability and cluinu of uny nu ere
resulting from the performance ofsuch work.
'I his release shall apply even in the event of fault ob negligence of the party released and shall extend to the
direcros, office,, and employees ofsuch party.
The Seller's cmmrutuul oblignti.n , including wmmuly, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to be perfumed by the 1'mchoSer.
14, PA'I'EN'I S.
Whenever the Seller is required 1n, use ally design, device, material or process covered by letter, pmcnt, trademark
or copyright, the Seller shall indennify and save Iwnuicss the Purchaser from any and all claims fur inliingemcnl
by reason .1 the use of such patettcd design, device, material or process in connection with the contract, and
shall indemnity rite Purchaser for any cost, expcn,e or dantage ,Inch it Only be obliged 10 pay by reason ofsuch
nfringeoeat at any time during the prosecutior or Wier the completion of the work. In case said equipment, or
any pun thereof ter the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pall is enjoined, the Seller shall, at its on cxpnsc and at its option, cllher procure for the
Purchaser the right in continue using slid equipment or puns, replace the snare with substantially equal but
noninfringing equipment, or modify it so it becomes noninliinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an asignmreal for if,, benefit of credite,,, appoint u
,cower or trustee fur any of the Sellers property ter business, this order may forthwith be cencded by the
Purchaser without liability.
16. GOVERNING LAW.
'I'lie dcfinitiens of terms uwd or the intchptetutimt of the ngrccnncnl and the rights ofall pwtics hereunder shall be
construed mulch and governed by the laws ol'Ihe State of COlemdo, USA.
'file mllmvog Additional Conditions apply only in cuss where the Seiler is 10 perform work hereunder,
including the services of Scllcr Ihpresentative(s), on the promises ufmlen.
17. SELLERS RESPONSIBILITY.
'I'hc Scllcr shall curry on said work tat Solids on risk until the are is fully completed and accepted, and slmll,
in reuse of any accident, destruction or injury in the work and/or materials before Sellers final completion and
uccepwnec, eon.pletc the murk ter Seller's men expense and to the satisfaction of the Purchaser. When materials
and equipment are burnished by others In, inswllarion or erection by the Seller, the Seller shall receive, unload,
store and handle same at the sire and become espuuible therefor as though such maerials and/or equipment
war being furnished by the Scllcr under It, aid,,
18. INSURANCE.
The Seller shill, at his own expense, puvidc for The payment of workers compensation, including occupational
disease benefits, to its employees employed ten or in eonneelion with tlhc work covered by this purehaw order,
and/ter to their dependents in accordance with rite laws of the state in which the work is to be dune. The Seller
shall also coy comprehensive general liability including, but not limited to, contractual and umunhobile public
liability insurance with bodily injury and death finis of ut least S300,000 for any one person, $500,000 for ally
uric accident and property daluage limit per aecidau of $400,000. 'fhc Seiler shall likewise require his
coolmcrors, if any, to provide for such cmupcnswion and monatit,. Before any of tit, Scllcrs or his contactors
engd.yce. shall do any work upon the premises ofolhe,,, the Seller shall fornish the Purchuscr with a certificate
that such e.ntpemsati.m and insurance hove been provided. Such cmficales shall s,,city the due when such
eompelsxflon and brat mncc have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Sri] cr ugrccs the such eonrp,re own and Insumnc, shall be nuinoined until .tier the
entire work is completed and accepted.
19. PROI'ECI'ION AGAINST ACCIDENT'S AND DAMAGES.
The Seller hereby assumes the emir, responsibility and liability for any and all damage, loss or injury ufmly kind
or nature nimswver to persons or property caused by or resulting from fhc execution ofthe work provided fur in
,his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all .f the Purchase, ofl"is, .gems and employees from rend against any and all cluinu, losers, damages,
charges or expenses, w'hcther direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, n,&cl, univom, or default on the ,an of the Seller, any .1'his
contnrce,,, or any of the Sellers or contractors affects, agents or employees. In ruse any suit or other
proceedings shall be brought ug.imt the Purchaser, or is Officers, agents or cnhployccs al any time on uceumn or
by reusun ad any a,,, union, neglect, omissiun or default of the Seller of any at his contractors or any of is or
their officers, agents or employees as efure,am, the Seller hereby ugrccs m assume the defense deeuf rind u
defend the sans at the Sellers own expense. m pay any and rill costs, chages, uuo n,ys fees and Other expenses,
uny and all judgment, that may be incurred by Or obtained against the Purchaser or any Of is Or their ulliccrs,
ug,nu or cmpluyce. in such suit, or other Proceedings, and in ease judgment Or other lien be placed upon Or
.buinrd against the property ofthe Purchaser, or said parties in or us a result of such suits or other poceedings,
lie Seller will of come cause the sans to be ti.soIvor! tad discharged by giving bond ter ill ervise.'I'lie Seller and
his contactors skull like all sality precautions, furnish and install all guards necessary for fhc prevention of
accidents, comply with all laws and regulations with regard to softy including, but without limirnion, The
Occupationul Sufety.nd Health Act of 1970 and all ales and regulations issued pursuant thereto.
Revised 03/2010