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HomeMy WebLinkAbout491049 ORE CART TRUCKING - PURCHASE ORDER - 9122623PURCHASE ORDER PO Number Page City of 9122623 ' of 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 05104/2012 Vendor: 491049 Ship To: STREETS DEPARTMENT ORE CART TRUCKING CITY OF FORT COLLINS 5406 FAIRWAY SIX 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 3,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 3,000.00 3 Contractual Labor 1 LOT LS 3,000.00 Total $9,000.00 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 Purchasc Ordcr Tcmfs and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempt inns By stammer the City of Fort Collins is esampt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Cenifrwte of Registry 94-60411 is registered with the Collector of Failure ofthe Pu¢hawr to insist open strict perforromme of the terms and candifinns hereof. failure of delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights of remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hercnndcr or approval ofthe design, shall not release the Seller Of Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either •vhen shipped or due to defects of any Of the wamnlm, a obligations of this purchase order and .shall not be deemed a waiver of env fight of the damage in transit. may be returned in you for credit and arc not to be replaced except npnn receipt of written purchaser to insist upon strict performance bermforany of its rights or remedies as to any such goods. regardless instructions from the City ofFor: Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any parpored owl modificatina or rescission Of this purchase nolcr by the Purehasa operate as a waiver of any of the terns Inspection. GOODS arc subject to the City of Fort Collins inspection on rinval. hcox,f. Final Acceptance. Receipt of the merchandise, services or equipntcm in response to this order can resmdt in 12. ASSIGNMENT OF ANTI TRUSTCLAIMS, authorized payment ran the pan of the City of Fort Collins. iloncver, it is to be understood that FINAL Seller and the Purcha.scr recognize that in ncrual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bottle by the Purchasc, Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipments must be KOLI., City of Fon Collins, 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state maitmst laws for such ovcrchargcs relating to fire particular goods or services otherwise specified an this order. If gamic ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is lithe Purchaser directs the Seller incorrect ammonfnmiinm or defective goods by a date lobe agreed upon by the cxpmted four the nearest distribution point to dcstinmum. and cwc,s freight will be deducted from Invoice when Purchaser and the Seller.and the Seller therrnOcr indicates its inability to omvillingness to comply, the Purclueer shipments are made from greater distance. may cause the work to he perforated by the most expeditious means available to it. and the Scllcr shall pay ell roux associated with such work. Permits. Scllcr shall pocure at sellers .sole cast all necessary permits, certificates and licenses requited by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political sdxlivision where the work is fist omted. or required by any other duly constituted public authority having jurisdiction over fbc work of vendor. Seller further agrees to hold the City of Tom Collins harmless tom and against ell liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, Onlinnnccs, rules and requirements. Aullo rization. All panics to this contract agree that the representatives arc. in fact, hone fide and possess foil and complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order c.,predy limits acceptance to the terms and conditions stated hcrcin set fOnh and any supplementary or additional mats and conditions annexed herein Or incorporated herein by reference. Any additional or different Icons and conditions pmposed by seller are objected to and hereby rejected. 2. DELIVER)'. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance mast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartixl late deliveries, shall opeam as a naive, of this provision. In the event of,anv dclav, the Purchaser shall have, in addition to other legal and equitable remedies, the option of -placing this Order clmwhcfc and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a msdl Of delays due to muses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts Of God, ape of civil or military anthorificx, governmental prionfies, fires. strikes. hood, epidemics wars er 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 muck oil karat lcdc thereof. In the event of any such delay, the date of delivery stroll be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles. materials and work covered by this order will conform with applicable drawings, specifications, samples andfnr other dewriplions given, will be fit for the purposes intended, and performed with the highest degree of care and competrnee in accordance with accepted standards for work of a .similar arnica. The Seller agrees to hold the purchases hmmlcss tom any In,. damage fu expense which the Purchaser may sutler or incur on account of the Scllcrs branch of warranty. The Seller shall replace. repair or make good, ,ithnnt cost to the purchaser, any defects or faults arising within one ( I) year Or within such longer period of time as may he prescribed by law or by the terms array applicable warranty pmvidcd by the Seller ,aRcr the date of acceptance of the good furnished hercander (acceptance not to be unreasonably delayed), resulting from imperfect or defective work time or materials famished by the Seller. Acceptance or use of goals by the Purchaser shall not constitute a waiver crane claim under this uourrow. E.xccpi as athcrvise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach array of the finegoing warrintics or gunmtnccs but such liability shall in no event include loss offofits or loss cruse NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change only, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to of deletions from the quamifies originally ordered in the specifications or drawings, by verbal or amen change order. If any such change affects the amount due or 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 fractions of the good then not shipped. .subject to any equitable adjustment hchsccn the panics as to any work or materials then in pmgrcss pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the gads and/or work. for incidental or consequential dzuracrs, and that no such infi stmenl be made in Favor of the Seller x, ith respect to any gaud which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir ohdigal ions as to any goods dclivacd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nc coed within thirty (30) days front the date the change Or termination is nrtcrcd. R. COMPLIANCE WITH LAW. The Seller warmnis that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and rcgntlations to which the goods as. subject. The Scllcr shall execute and deliver such doammcns is may be required to effect or evidence compliance. All laws and regulations required In be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless, from all costs and damages stiffened by the Puehawr as a result of the Sclicis failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become dire hemander without be prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purehucr for all equipment, materials, and items furnished in perfommncc of this agreement free and clear of any and all liens, restrictions. mwryations, security interest encumbrances and claims of other, The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perTmmace ofsuch work, This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimdnrs, oRcers mast mnployccs ofsuch party. The Sellers contractual ohigaions, including •wrm ry. shall not be deemed to be reduced, in any way, because such work is performed or caused In be performed by the Purchaser. 14. PATENTS. R'hcncvcr the Seller is required to use anv design, device. material or process covered by letter. patent, trademark or copyright, the Seller shall indemnify and save hnmdcss the Purchaser from any and rill claims for infringement by reason of the use of arch premed design, device, material or process in connection with the contract. and shall indemnify the Purchaser for aav cost, expense or damage which it may be obliged to pm' by reason ofsuch infringement al any time during the prosecution or after the completion of the w(irk. In case said equipment. Or any pan thereof or the intended use of the gent, is in such suit held to constitute infringement and the use of said equipment nr pan is enjnincd. the Seller shall, at its own expense and at its option. either procure for the Pruchoscr the right In continue using said equipment or pans. replace the same •with substantially equal but uoninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Scllcr shall bceonm insolvent or bmikmph make m assignmcnl for the benefit of creditors. appnim a receiver or trustee for any of the Sellers properry or business, this Order cony forfhw ith he canceled by the Purchaser submit liability. 16. GOVERNING LAW. The definitions oftcrmx used Or the interpretation offhe agreement and the rights ufall panics hereunder shall be construed under and governed by the laws ofthe Stmc of Colnade. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpresc rou"e(s), on the premises ofolhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on slid work at Seller's own risk until the sumo is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance. complete the work of Scllds own expense and to the satisfaction of the Pnrehnaer. When materials and equipment are furnished by mhos for installation or elation by life Seller. the Seller shall receive. unload. store and handle same .al the site and begone responsible Ihercfor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE, The Seller shall, at his own expense, provide for the payment of warkcm compensation, including occupational disease benefits, to its employees employed an or in connection with the ,.,it covered by this purchase order. and/or In 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 antnmabile public liability instance with bodily igiury and death limits ofin least S300.000 for any one person. S500.000 for any arc accident and progeny damage limit per accident of S400.000. The Seller shall likewise require his commoner, irony. to provide for such compensation and insurance. Befo r any of the Scllcrs or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchawr with a eenifieam that such compensation and insurance have been provided. Such ccnificams shall specify the date when .such compen, uion and insumncc have been pri ided. Such cenificatca shall specify the date when such compensation and insurance expires. The Seller agrees that such eompereation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any moral[ dnmagc, loss or injury ofany kind Or nature wlmtsavcr le per,a , or property cased by or resulting from the exertion of the work pmvidal for in this purchase order or in connection hares ifh. The Scllcr will indemnify and hold hrun less the Purchnscr and any or all of the Purchasers Off Cris, agents and employees from and against any and all claims, losses, damages. charges nr expenses, whether direct Or indirect, unit whether to persons Or progeny to which fhc Purchaser mnv he put or subject by reason of any act action, neglect. omission or default ram the pan Of the Salle,, any of his contractors, or any of the Sellers or eonimetom officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchnscr, far its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. amens or employees as aforesaid, the Seller httclay agrees to assume the defense thereof and to defend the sense at the Sellers mvn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incomed by or obtained against the Purchaser or any of its 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 panics in or as a result ofsuch suits or other pmcccdings, the Seller will at once cans, fhc same in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. fhmish and install all guards meecasary for the prevention of ,accidents, comply with ,all Imes and regulations with regard to safety including, bill wifho n limitation. the Occupational Safety and health Act of 1970 and aft odes and regulations issued Pursuant thereto. Revised 0312010