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HomeMy WebLinkAbout320027 O'NEILL TRUCKING LLC - PURCHASE ORDER - 9122622PURCHASE ORDER PO Number Page City Of 9122622 1 of 3 This number must appea Flirt Collinsr �-J`-' ` " J on all invoices, packing slips and labels. Date: 05104/2012 Vendor: 320027 Ship To: STREETS DEPARTMENT O'NEILL TRUCKING LLC CITY OF FORT COLLINS 12378 N COUNTY RD 7 625 NINTH STREET WELLINGTON Colorado 80549 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 1,000.00 a Contractual Labor 1 LOT LS 5,000.00 4 Contractual Labor 1 LOT LS 10,000.00 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 PO Number Page Clty. of 9122622 2 of 3 Collins This number must appear Fort ,t—J`_' ` on all invoices, packing slips and labels. Rcll-., Q. oAA;9-ems 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. Tar ccentp was. By amuse to City of Von Collins is exempt from state and local taus. Our Exemption Nunnbcr is It. NON WAIVER. 98-04s02. Federal Eaalu Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m inbibl ulwn .avid petfunnonce of the terms and cum ition, hereof, failure m delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Staww 1973, Chapter 39--26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of., payment for goads hereunder or approval of the design. shut] not release the Shccrof Goods Rejected. GOODS REJECI ED due to failure to men spe.i Be:nloob, either when shipped or due to defects of any of the warranties or obligations of this purchase .rdcr and shall not be domed a waiver of any right of the damage in transit, may be roomed to you fur credit and are not to be replaced except upon receipt of "riven Purchaser,, insist upon stria perfomenice hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmpuned oral arwifieation tar rescission of this purchase uder by the Purchaser operate as a waiver of any of the mans Inspection. GOODS arc subject to We City effort Collins inspection eat umivul. hacof. Final Aceepunca. Receipt of the menbandisg sen'ices ar equipment in mspORSC to this order call sult in 12. ASSIGNMENTOF ANTI' TRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. liowo'eq it is to be understood that FINAL Seller and the P.mImser recognize that in actual economic practice, overcharges resulting Irons antitrust ACCEPTANCE is dependent upon completion ufall applicable required inspection proceduresviolations art in fact borne by Ihc Purch.w,. Tberetol'ore, for good cause and as consideration for executing This purchase order, the Seller hereby assigns to the Pumhaar any and all claims it may now have or hereaftar Frcieht Terms. Shipments man be F.O.B., City of Fen Collins, 700 Wood St, Fun Collins, CO 80522, unless acgeinJ under federal or into antirmst Paws for such overcharges rotating to the particular goods or services whenvisa specified on this order. If pemussion is given to prepay freight and charge Separately, Ihc migntal freight purchased er acquired by the Pureltuser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Dismnc.. Where nrum actwcrs have distributing points in various pare 01' the country, shipnunt is If the Purchaser directs the Seller to correct ineconfanning or defective goods by a date to be agreed upon by the expected Crum the nearest distribution point to de,timnion, and excess freight "ill be deducted front Invoice when Pmehau, and the Seller, and the Seller therealier indicates its inability or umvilliagaess to comply, the Purchaser shipments are made from ercater distance, may cause the work to be pertonned by Ihc most expeditious means available to it, and the Seller shall pay all cots associ,wd with such work. Pcmrit,. Seller shalt procure• at sellers wlo owl all necessary pertnis, carificates and licenses required by all applicable laws, regulation,, ordinance, sad rules of the state, inuitnclpahty, wrnimy or political subdivision where the Work is perfumed, or required by any other duly constituted public authority having junta ictiun over the work Of vendor. Seller further agrees to hold the City of Fon Collins hurmlcss from and against all liability and fuss incurred by then by reason of an asserted err established violation of any such laws, rcgulutions, ordinances, rules and requirement,. Authoozation. All parties to this contract agree that the npresertwiac, are, in tact, beau fide and par,is full and complete authority to bind said panics. LIMITATION OF PERMS. This Punhuse Order expressly limits acceptance to the term and conditions smiled herein set fonh and any sappl,ntcntiny or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difTerem terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT intmedfoc]y it you cannot make complete shipment to arrive tan your promised delivey date as noted. Time is of the essence Delivery and performance must be effected within the time stated on the purchase order and the doeunWnts anachel hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shalt operate as a waiver ofthis provision. In the event ofary delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable tar damages. Hoscvcm the Seller shall not be liable for damages as a result of delays due to causes not micoo iably foreseeable which arc beyond its rewooab]c control and without it, fault it negEgc.ce, such arts of God, acts of civil or milimry authorities, govarom,at, l priorities, f fires, strikes, flood, epidemics, won m riots provided Ihw notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof. In [tic event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthc dc]ay. 3. WARRANTY. 1'he Seller wumnts that all goods, articles, materials and work covered by this order will conform with applicable drawinp, speeifcniow, samples and/or other dscriptioas given, will be fit for the purposes intended, and perfunned with the highest degree of curt and competence in accordance with accepted amidurds Ivor work of u similar nature. The Seller agrees to hold the purchaser harmless from any loss, danuge or expense %%Lich the Purchaser may so Ifr or incur on ecaowm of the Sellers breach of wumnty_ The Seller shall replace, ratio it or nuke good, without east m the purchase,, any defects or faults arising x'if lain one (1) year or within such longer period of time as may be prescribed by law or by the lems of mry applicable wummy provided by the Seller alter the date of acceptance of the goods furnished hereunder (ottaptance 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 Purchaser shall not coattail me a waiver of any claim under this warranty. Except as othcrwis, provided in this purchase order, the Sol lets liability hereunder shall extend to all damages proximately caused by the breach uftiny of the faregoi erg war ran vies or guarantees, but such liability shall in no event include loss of pro tits or loss art use. NO IMPLIED WAIL R AMf 1' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lams, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or "n'iucn change Older. Daly such change a0ccis the amount due or [tic tittle ufperfonmance hereunder, an equitable adjusunent shalt be made. 6. TERMINATIONS. The Purchaser may at any nine by written chance order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjusment between Ihc parties as to any work or materials then in pmycss Pro,ided rho the Purchase skull oar be liable fur it, elan as for tortidpated valise oar me nannaptemd punion of the goods and/or work, li r incidental or consequenlial damages, and that no such adjustment bmade in favor of Ihc Salle, will, respect m tiny .it, which arc the Sclle,s standard stock. No such m,,nnulimn shall relieve the Paximser or Ihc Seller ofully of Ihcir oblig.d.o, au to any goods delivered hemmndcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thiny (30) days from the date the change or termination is .W,red. 8. COMPLIANCE WITH LAW. 'file Seller warm us that all goods' said hamand r shall have been produced, sold, deli vend .,,it furnished in strict compliance with all applicable haws and rcgulutions to which the goods are subject. 'Ilie Seller shall exec ore mud del or such ducummtits as may he rcqu ired to effect or evidence cunhpl iunce. All laws unit regatta ions required to be incorporated in agreement of this clualaw, arc hereby incorporated herein by this reference. The Shccr ugrccs to indemnify and hold the Purchaser hamdess from all etas and damages suffered by Ihc Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, took,, ar convey this order. or any nnonies due or to become disc hereunder minima the prior written consent of the other puny. 10. TITLE, The Seller wamns full, dear and unrc,vic,ed title to the Purchaser fanall equipnuml, materials, and items furnished in performance of this agreement. frx and clear of any and all liens, restrictions, m,,n, at, security inwm,t enemabraaces and chains ofothent. The Seller Shull release the Purchaser and is contractors of any tier from all liability and claims of any nature m,tilring trait the performance uf,aah work. "this rcause Shull apply even in the event of limit of negligence of lite puny released and shall extend to the director, officers and emtp]oycc, ul'sueh puny. The Sellef, euwmetual obligations, including warranty, shill not be domed to be reduced, in any way, because such work is performed or caused to be performed by the Putnitwer. 14. PATENTS. Whenever the Sailer is required 1. use any design, device, material or process covered by Ieuar, patent, trademark or copytight the Seller shall indemnify tool save hunnless Lite Purchaser from any and all rains for infringement by reason of f ie use of such paentad design, device, material or process in connection with the convict, unit shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason .fsuch infringement at any lime during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit hold to constitute infringement and [tic use of said equipment or pun is enjoined, the Seller shall, at its own expense and of its option, either procure fur the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nonlnQinging cquit mcnl, .,modify it so it becomes moninfringing. 15. INSOLVENCY. If the Seller shot[ become insolvent a, bankrupt, make an assignment for the bcnefil of creditors, appoint a receiver m trustee for any of the Sell,n property or business, this order may fonhw'ith be canceled by the Purchaser ailhout liability. 16. GOVERNING LAW. 'fhc dailnifians of terns used or the tow pretatic n ofthe ngrccmmin and the rights .full panic, hereunder shall be construed under and governed by the lases ofthc State of C'olomdo, USA. I'he following Additional Conditions' apply only in cubes where the Seller is to perfurm work hereunder, including Ihc services of Sellers Repre,ontutive(s), on the premises ofolben. 17. SELLERS RESPONS IBILI'rY. 'File Seller shall carry an said Work at Sallee, own risk until the same is fully connplcicd and accepted, tad shall, in case ul any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to [[to satisfaction of the Purchaser. When materials and equipment are furnished by other fur inuallantia w cmclimi by Ihc Seller, the Seller shall reaivc, mduad, bore and hadle suue at ilia site and become responsible therefor ON though such nuaerials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE, The Seller shall, at his ow'n expense, pnn'ide for the payment of workers competwanon, including occupational disease bcnents, to is employees employed tan or in connection with the work covered by this purchase uma,, and/or to their dependents in ua'ordance with the laws of [tic slate in which the work is to be done. The Seller Shall nlSn envy am,prehanslve general liability including, but not limited to, contractual and automobile public liability hNalaace with bodily injury and death limits ofin least S300.000 for any one person, S500,000 litr any one uccidem and property danage limit per uccidem of S400,000. Ilse Seller Shall likewise require his contractors, it any, to provide for such eumpeasation and inwnume. Before any of Ihc Sellers or his conlraclms employees Shull do any work upoll the premises of others, the Seller shall furnish the Purchaser with a cenilicatc that suet, emnpenvfimm and insurance have be,. provided. Such cenilicaa, Shull specify the date when such compenvtiun and insurance have been provided Such confesses shall specify the dam when such compensation and im rxpir s. The Salle, ugm s,hat such c m ,w salon and insumnee shall be i aintained wail after the entire 11ml, is completed and accepted. 19. PRO I'L'CI'ION AGAINST ACCIDENT'S AND DAMAGES. The Scller hereby asarms the entire nsp.nsibility and liability for any and alp damage, I.,,1 an s m injury.y kind or nature whatsoever topersons or property caused by or resulting from the execution of the work provided for in this purchase uder or in connection herewith. The Seller will indemnify and bold humdess the Purehaur and any or all of the Purchase, otliecn, again, and employees Irian and against any unit all claims, losses, damages, charges or expenses, whether director indi aa, and whether m persons or property to which the Purchaser may be pas or subject by reason of any act, uclion, neglect. emission or default oa the pun of the Seller, any of his contractors, or any of the Sellers ar commete" office,, upoax or employees. In case any Suit a' other proceedings Shull be brought against the Purchaser, or its officers, agents or employees at tiny time tan account or by reason of any are, action, neglect, mi ssimn or default of the Seller of any of his contractors or any of its or their .Ricers, agent, tar employees as ulam,aid, the Seller hereby agrees to usanm the defense thereof and to defend Ihc vote at the Sellers ova expense, to pay any and all costs, charges, attorneys lees and other cypenscs. any and all judgment, that n,ny be incurred by or obtained against the Purchaser or oily of its or their officers, agents or employee, in such wits tar other proceedings, and in case judgnatu or other pion be placed upon or obtained against the property of lite Purchaser, or said panics in or as a result of such suits or other proceeding,, Ihc Seller will at once cause the sane to be dissolved and discharged by giving bond or othendse. The Seller and his contractors shall fake all solely pm,maiuns, furnish and install all Scalds necessary Ivor the prevention of accidents, comply with all Imes and rogultumns with regard an safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued putsuant thereto. Revi,cd 0312010