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HomeMy WebLinkAbout446423 SJW TRUCKING INC - PURCHASE ORDER - 9122624PURCHASE ORDER 912262er Page PO City Of 122624 1 of z Fort Collins This number must appear ` 1 1 on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 446423 Ship To: STREETS DEPARTMENT SJW TRUCKING INC CITY OF FORT COLLINS 11083 HWY 14 625 NINTH STREET AULT Colorado 80610 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 5,000.00 3 Contractual Labor 1 LOT LS 5,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 Total Invoice Address: 15,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By simute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedml Excise Tax Exemption Certificate of Registry R4.600(1597 is registered with the Collector of Fiilnm of the Purchaser to insist upon strict performance ofthe mmu and conditinrs hereof, failure or delay to Intemnl Revenue. Denver.Cnlondn (Ref Colomdo Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of Or pavment for goods hcrcundcr or approval afthc design, shall not release the Seller of Goods Rejected. GOODS RFJECTED due to failure to mcd specifications, either whim shipped or due to defects of any of the wam, ntics or obligations of this purchase order and shall not be decmcd a waiver of any right of the damage in transit. may he returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist Olson .strict performance herco(orany of its rights or remedies .as many such goods. regardless inatnmtinns fmm the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purponcd mnl modification Or reseisinn of this purchase order by the Purchaser opemle as a waiver of am, of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on anivil. hereef. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAI MS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Sella and the plumb,... recognize that in actual economic pncficc, nvcrchsrges resulting front antitrust ACCEPTANCE is dependent open completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and is consideo Lion for executing this purchase order, the Seller hereby assigns to file Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitnot Imes for such overcharges relating to the particular goods or services Mhenwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will net be accepted. 13, PORCI IASERS PCRFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu(ecm ere have distributing Points in various parts of the country , shipment is If the Purchaser difecis the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller —and the Seller thereafter indicates its inability or unwillingness to comply. the Purchnscr shipments me made from greater distance. may cause the work to be perfomed by the most expeditimis means available to it, and the Seller shall pay ill casts associated with such work. Permits. Seller shall procure at .sellers sole cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, territory or political salt fvision where The work is Performed. or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller lunher agates to hold the City of Fan Collins hamdeet fmm and against all liability and loss incurred by them by reason o(un asserted or established violation of any such laws, regulations, ordinances, rules and requitnmctim Authodzntion. All panics to this contract agree that the mprescmnives arc, in fact, Fiona fide and possess full and complete authority to bind said parties. LIMITATION Op TERMS. This Pumhasc Order expressly limits acceptance to the teats and conditions stated herein set forth and any supplementary or additional mraw and conditions annexed hereto or incorfamoded herein by reference. Any odditioml or different tens and conditions proposed by sellerire objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complete shipment to arriwe on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchasc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a rcsuh of delays due to emotes not reasonably foreseeable which arc beyond its reasonable eomtol and without its fault ofacgligcoce. such acts of God, nets ofcivil or military authorities, govemmemal priorities, fires, strikes, Bond, epidemics wars or riots pmvided that notice of the conditions canine such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. I the event of any such delay, the date of delivery shall be extended for the perind equal to the time actually lost by reason of the delay. 3,WARRANTY. The Seller wumntt that all good, articles, materials and wark covered by this order will con Pon with applicable drawings, specifications, samples and/or other descriptions given. trill be fit for the purposes intended, and perforated with the highest degree of care and compdence in accordance with accepted standards for work of a .similar more. The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may stiffer or incur on account Office Sellers breach of wammy. The Seller shall replace, repair cr make good. without cost to the purchaser. any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any ipplicnble stormy provided by the Seller after the date of iccepfonec of the goods fiurnished hercander (acecptinee not tohe unreasonably dela),ed), resulting from imperfect or defective work Anne or materials famished by the Seller. Acceptance nr use of goods by file Purchaser shall not constitute a waiver of any claim unit,, this warm at,, Exeepl as mhendse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamnttts. Mat such liability shall in no mum include loss of profils or loss of use. NO IMPLIED WARRAN'I-Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4.CHANGES INLEGALTERMS. The Purchaser may make changes to Icgal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser any make any changes to the teats, other than legal terms, including additions to or deletions Emu the quantows originally mastered in the specifications nr draw ing,, by verbal or written change only,. If any such change affects the amount due or the time ofperfonancc hereunder, in equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped.. subject to any equitable adjustment between the panics is to any work or materials then in progress provided That the Purchaser shall not be liable for any shims for anticipated pmfifs on the uncompleted partion o(thc good, and/or work, for incidental or consequential damages, and that no such adjustment be made in (aver of the Seller with respect to any goods which arc the Sellers standard stock. No such term in ration shall relieve the Purchaser or the Seller of any of their oblientimns as to any gands, delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv clam. for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. cold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required In be ineorponued in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlc,s fruit, all costs and damages suffered by the Purchnscr as a result o(thc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hemander without the prior written consent n(the other party. 10. TITLE. The Seller wamnt, 0d1, clear and unrestricted title to the Pumhaser for all equipment, materials. and items furnished in performance of this agreement free and clear of any and all liens, restrictions mscoertions, security interest encumbrances and claims nfothers. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting Poor the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the din'etoo, officers and employees of such party. The Seller's contractual obligations, including wanoam, shall not be deemed In be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever file Scllcr is required to use a ny design, device, material or pmcess covered by letter, patent, trndcmark or copyright, the Seller shall indemnify and save harmless the Purchnscr from anv and all claims for infringement by reason of the use of such ratcntcd design, device, nmtcrinl or process in connection with the contract. and shall indemnify the POrchaucr for any cost expense or damage which it may be obliged to pay by reason .Larch infringement of any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pact is enjoined. the Seller shall, at its 0', expense and at its Option, either procum for the Purchnscr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Porcboscr without liability. 16. GOVERNING LAW. The defnitinns often, used or the interpretation ofthc agreement and the rights nfall panics hcrcundcr shall be eonstmM ender and governed by the laws ofthe Smlc of Colool USA. The following Additional Conditions apply only in cases where the Seller is to Perfomt work hereunder, including the services of Sellers Reprc.scnmtive(s), on the premixes Mothers. 17. SELLERS RESPONSIBILITY. "rhe Scllcr shall entry ran mid work at Seller's own risk until the snnhc is fully completed and accepted, nod shall, in case of any recidcnl destowlion or injury to the work and/or ntam,mb, before Seller's final commletlon and acceptance, contplctc file work at Sellers own expense and In the smisfaetion of the Purchaser. When materials and equipment arc forni.shcd by others for instillation or cmxIma by the Seller. the Seller shall receive, fminad, store and handle same at the site and become responsihle ficrefor as though such materials and/or equipment were being furnished by the Seller order the order. 19. INSURANCE. The Seller shall. at his own expense, provide for the Payment of worker, compensation, including oaupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done The Seller shall also carry comprehensive general liability including, hilt not limited to, contractual and automobile public Iiabllity i—ar:mee with nastily injury mad death limits of rat mast S100.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractor,, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees ,shall do any work upon the premixes of Others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such vine allion and insurance have been provided. Such certifients, shall ,peciry the date whim such compensation and insurance expires The Scllcr igrccs that such compensation and insurance shall be maintained until tAcr the entire work is completed and accepted. 19. PRO 'I'EC'I'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibilityand liability for any and all damage, loss or iniun' of any kind or anture fvhmsocver to persons or Property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and all claims. losses, damages. charges or expenses whether direct or indirect. and xvhcthcr to persons or property to xvhich the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors. Or any of the Sellers or contractors o0'mcm. agents Or employees. In case any snit or other proceedings shall be brought against the Purchnscr. or its officers, agents or employees at any time on account or by reason of any at. action, neglect. omission or default of the Seller of any of his contractors or any M its or their Mfied,, agents Or cnmlaq c, as aforesaid, the Seller hereby agrees to nc ume the defense thereof and to defend the lime at the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRecm. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon Or obtained against the lsmperty of the Purchaser, or said parties in or as a result of such suits or other proccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all sofcty precaminM. furnish and install all guards necessary for the prevention of accidents, comply with all laws and rcgfdations with regard to snfety, including, but without limitation, the Ocrnpatinaal Safcty and Ilenllh Act of 1970 iM all roles and regulations issued pursuam Ihctao. Revised 03/201n