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HomeMy WebLinkAbout384033 J J'S TRUCKING - PURCHASE ORDER - 9122614 (3)PURCHASE ORDER PO Number Page City OfCollins122614 1 of z `t / v This number must appear " �7 on all invoices, packing slips and labels. Date: 05/17/2012 Vendor: 384033 Ship To: STREETS DEPARTMENT J J'S TRUCKING CITY OF FORT COLLINS 221 W. DOUGLAS RD. #17 625 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 UOM Unit Price Extended Ordered Price 5 Addendum to PO 9122614 1 LOT EA 30,000.00 Total $30,000.00 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 Teals and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Hy stamtc the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 98-0-1502. Federal Excise Tax Exemption Cenificite of Registry R4-(d)00587 is registered with the Collector of Internal Revenue, Deaver. Coleman fief. Colorado Revised Statutes 1973. Chapter 39-2(., 114 (a). Gmtds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of orinen instructions farm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER, podium of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of e breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the w'amntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performance herceforany writs rights or remedies as to any such goods, regardless of when shipped, remivcd or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the term., hereof. Final Acceptance Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice averchamcs resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in foci borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Too Collins, 701) Wood St., To" Collins, CO 90522, artless required trader federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If remussion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing rill not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the ne4res.t 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 Purchaser shipments arc made from greater distance. may cause the work to be perfnmed by the most expeditious means available to it, and the Seller shall pay all costs assroiated 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 rules f the state, municipality, territory or political subdivision where the work is performed, 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 harmless form and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requiremcnL . Authorization. All panics to this concoct agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the terms and conditions stated herein set (moth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or difTcrcut terms and conditions proposed by seller are 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 ofthe essence. Delivery and performance must he effected within the time .stated on the purchase order and the document, attached hereto. No acts of the Ptuchnscrs including, Without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. 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. Howcva, the Sellershall not be liable for damages its a result of delays due to causes not reasonably foreseeable which arc beyond its rcssonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, rims, strikes, Rood, epidemics. wars or 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 received knowledge thereof. In the event of any such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order Will conform With applicable drawings, specification,, samples and/or other descriptions given, will be fit for the purposes intended and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any less, damage or expense which the Purchaser may suffer or incur on account of the Sellers, breach of wammy. The Seller shall replace, repair or make good, without cost to the purchase. nny defects or faults arising within one (1) year Or Within such longer Period of time i, may be prescribed by law or by the term, of any applicable warranty provided by the Seller after the date of acceptance of the prod furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grad by the Purchaser shall not constitute a waiver of any claim under this wamnN. Except as oihcnrise provided in (his purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntic, or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPI.IED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANCES IN LEGAL. TERMS. The Purchaser may make change, to legal mots by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal teats, including additions to or deletions from the quantities on,mally ordered in the specifications or drawings, by verbal or wTincn change order. If any such change affects the annount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any lime by written change order, terminate this agreement as to say or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progr... provided that the Purchnscr shall not be liable for any claims for anticipated profits on the uncompleted radian ofthe goods and/or Work, for incidental or consequential damages, and that not such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller array of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or temrinatiom is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all good, sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess form all costs and damages suffered by the Purchaser its a result of the Scilers 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 hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear anti unrestricted title to the Purchaser for all equipment, mmcrio is and items furnished in perfomart of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of,oeh work. This mlcnse shall apply urn in the event of fault of negligence of the parry released and shall extend to the directors, off ieersand cntplayces of such party. The Scllcr'x contrachnal obligations, including wamnts, shall not be devoted to be reduced, in any way, because such work is pufomtcd or caused to be performed by'the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or p rcess in connection with the contract. and shill indemnify the Purchaser for any cost. expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion Wife 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 part is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, 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 bankrupt. 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftarm, used er the interpmodion ofthe ngrecmmnt and the rights of all panics hcrcundcr shall he construed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heramder, including the services of Sellers Repe,sentative s), on the premises nfothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllces men risk until the same is fully completed and incepted, and shall. in ease of any accident, destruction or injury to the Work and/err materials before Seller's final completion and acceptance complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or creelion by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, rather to their dependents in accordance with the laws of the state in which the work is to be done. The Seller ,shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance .with bodily injuryand death limit, of m least Ssng(N10 for any one person. S500.000 honey one accident and prorerty damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony, to provide for such compensation and nournncc. Iterate any tribe Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall furnish the Pamhoser With a certificate that such conrpensntion and insurance have been provided. Such certificates shall specify the date when such conmcnsntian and insurance have horn provided. Such eedilieatcs shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury ofany kind or noturc whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller Will indemnify and hold hamlcss the Pum ice. r and any or all of the Purchasers ofiecrs, agents and employees from and against any and all claims, losses. damages charges or expenses, whether direct or indirect, and whether to Fuson, or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, tiny of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other rroccedings shall be brought against the Purchaser, or its officers, agents or employees many 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, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers no expense, to pay any and all costs, charges, anomcys fees and other expenses, any and rB judgments that may be inmtmd by or obtained against the Purchaser or any of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the perpcny, of the Purchaser, or said panics in or as a result ufsach .suits or other proceedings. the Seller Will at once cause the same to be dissolved and discharged by giving bond or othcnwisc. The Seller and his contractors shall take all safety prceoutions, famish and install all guards nmess'try for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occurational Snfcnand Health Act of 1970 and all odes and regulations issued ptusnant thereto. Rcviscd 03/2010