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HomeMy WebLinkAbout320027 O'NEILL TRUCKING LLC - PURCHASE ORDER - 3214323 (2)Fort Collins Date: 07/24/2014 Vendor: 320027 O'NEILL TRUCKING LLC 12378 N COUNTY RD 7 WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 3214323 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/15/2014 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 2 Addendum to PO City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m 1 LOT LS 25,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 se Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By stature the Ciry of Fon Collins is exempt fmm suite and local taxes. Om Exemption Number is 98-04502. Fcdeml Excise Tax Exemption Cenifici to of Registry b4-6000587 is registered with the Collector of Internal Revenue, Denver,Colorado (Ref. Colorado Ravisc l Stances 1973, Chapter 39-26,114 (a). Goo& Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions fmm the City of Pan Collim. Inspection. GOODS ate subject o the City of Four Collins inspection on pared. Fired Acceptance. Receipt of the merchandise, services or rquiprom in response to Us order ma result in nohonced paymen, on the part of the City of Fort Collins. Haveal er, it is m be undsouaal that FINAL ACCEPTANCE is dependent upon completion ofall applicable reyuiwd inspection potassium. Freight Tent¢. Shipments must be F.O.D., City of Fan Collim, 700 Wood St, Fon Collim, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight end charge sepamtaly, the ong ind freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where man ducnrets have distributing points in various parts of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall precom at sellers .to cost all necessary permits, certifcates and licenses required by all applicable laws, regulations, ordimnces and rules of the stain, municipality, tmmO1y or Palmeri subdivision where the work is performed, or required by any other duly mmtinted public authority hazing jurisdiction over the work of vendor. Seller former spaces to hold the City of Fort Collins h lm from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, indicators, roles and requirement. Authorization. All parties to this contract agree that me representatives we, in fact, bona fide and possess full and complete authority to bind said parties. IMHAT10N OF TERMS. This Purchase Order expressly limits amepmnce In the terror it conditions stated herein set forth and any supplementary or additional to. and condition annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT numerical if you cannot make complete shipment to miter on your promised delivery &Is as nand. Time is of Ne esenre. Delivery and porfomrame mint be etTcdcd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, witMm limitation, acceptance of finial late delivmes, shell operate ex a waiver ofthis provision In all ream army delay, the Purchmee shell have, in addition to other legal and ryuitable remedies, the option ofplacing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due u, causes rat reasonably foreseeable which are beyond its reasonable cumrol and without its fault of negligence, such was of God, acts of civil or military authorities, govemmental priorities, fires, s rdes, Used, epidemics, wars or riot provided that notice of the condition causing such delay is given in the Purchaser within five (5) days of the time when the Seller ❑ let received knnwlovi thereof. In the event of any such delay, the &te of delivery shall be extended for me pm most equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wareants that all goods, micles, materia6 and work covered by this order will conform with applicable drawings, spaifications, samples andfr order description given, will be fit for the purposes intended, and performed with the lumbrst degree of care and mmpdence in wmrdance with aceepred standard for wink of is 'mile =cure. The Seller agrees to hold fine purchaser harmless from any loss, damage or expense which the Purchaser may spi or incur on account of the Sellers breach of seatmny. The Seller shall replace, romit or make good, without cast to the purehaur, any defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terror of any applicable warranty provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unrtmunlly delayed), resulting from imperfect Or defective work done or materiels fomished by the Seller. Acceptance or me of goods by the Purchaser shall not emotions a waiver salary claim under this warronry. Except as otherwise provided in this purchase order, the Sellees liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammies, or guarantees, but such liability shall in no event include loss of prof ts or lass of tau. 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 carmen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lams, Other than legal terms, including additions to or deletions from lbw 1p n niev originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puralmoser copy at any time by written change seder, ramince this agreement to to any or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any, work or materials then in progress provided now flue Puahucr shall not be liable for any claims for anticipated pmGts on the uncompleted portion of the good mNor work. (Or incidental or consequential damages, and that no such adjustment be nude in favor ofine Seller with respond to any goods which are the Sellers st W stock. No such twouration shall relive the Purchaser or the Seller i fcay Felon obli,diwas as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msened within thirty (30) data from the &te the change or termimdion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and fomished in stated 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 isp rpoa ed in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees m irWemvify and hold the Purchaser hwmless fmm OR posts and &magr sufficed by the Provisional as a result of for Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assiii tlansfm or pottery Nis order, or any monies due or n become &e hereunder within, the prior wnnen consent ofine other pan,. 10. TITLE. The Seller warrants full, clear and unrestricted tide en me Purchase, for all equipment, materials, end no. fomished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. U. NON WAIVER. Failure of the Pucehmer to insist upon sect performance of the terms and cpndifons hereof, failure or delay n exercise any rights or remedies provided herein or by law, failure to promptly many the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval af1he design, shall not aclease the Seller of any of the warranties or obligations of Nis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as m any such goods, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported oat modification or rescission of this purchase order by the Purchaser operate as a waiver of my of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and me Purchaser recognve Nat in actual aoro is practice, comfortless mulling fmm antitvst violations are in fact home by the Purchaser. Themofoce, forgoodcause and as consideration for executing Nis purchase ender, me Seller hereby assign to the Purcheser any and of claims it may now have or hereafter acquired under federal or state enhin ed laws for such overcharges adding to me particular goods or services purchased or acquired by the Purchaser pursuant to Nk purchase order 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comet nonconforming Or defective good' by a date at be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inabiliy or unwillingness to comply, the Purchaser may came me work to be performed by the most expeditious means available to it, and the Seller shall pay all costs msociwed with such work. The Seller shall all. the Purchaser and its contactor of any tier (ram all liability and claims of any cature resulting from the performance Foods work. This release shall apply even in the or. of fault of negligence of me pony relented and shall extend m the director, oMe. and employees ofsuch way. The Seller's contra l Obligations, including warranty, shall not be deemed to be reduced, in any any, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use any design, device, mertnel or process coverts by letter, patent, trademark or copyright the Seller shall indemnify and lease harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in compaction with me former, and shall nationality due Pumhaue for any cost, expense or damage which it may be obliged to pay by reason of such infrargoomm at any time during fine presmation or after the completion of the work. In case said equipmmr. on, any pan mermf or the intended use of the goods. is in such suit held to consdince infringement and the use of said ryuipmen, or part is enjoined, the Seller shot[, at its own expense and at its option, either p. for the Furehmel the night to continue Ming said equipmenl or parts, replace the same with substantially egml but no nifiri ping equipment, or modify it so it becomes noniMHnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or tmwee for any of the Sellers property or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions of terms toed or me interpretation of rdc afirmared and the rights i fdl parties hareurder shall be ,remained under and governed by the laws ofine State of Coloado, USA. The following Additional Conditions apply only in came where me Seller is to perform work hereuMer, including he water ones ofSfll. Repremmtive(s), on me promises ofiefli 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in au of any incident distinction or injury to the work andur crecr als before Seller's final completion end acceptance, complete the work at Seller's own expense and to the mdsfac0on of the Purchaser. When mmerials and tyuipment are fomished by when, for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become metastable therefor as though such materials and/or equipment were being fumisbN by me Seller order the order. 18. INSURANCE. The Seller shall, of his own expanse, provide for the payment of workers compematiav, including aematiowl disease benefits, to its employees employed on or in carnation with the work covered by this purchase Order, cal do mein dependents to scar&nee with the laws of the one N which the work is as be done The Seller shall also arty, comprehensive general liability including, but not limited to, comtaawcal and automobile public liability insurnec will, bodily injury and Arm, limits ul'ut loos, Slower 1 for any one person. E5W,W0 for any one accident and progeny damage limit per accident of $400,000, The Seller shall likewise require his amars, if any, to provide for such comporramon and insuraince, nefom any of the Sol hers or his contractors employees shall do any work upon the promises of others, me Seller shall f iah due Purchaser with a certificate mac such compensation and insurance have been provided. Such certificates shall specify the &te when such compensation and insurance have been provided. Such certifcates shall specify me &te when such compensation and accurate capites. The Seller me m that such compensation and insurance shall the maintained until otter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume me entire responsibility and liability for any and all damage, loss or injury ofory kind or nature wlatwcver to persons or pmpete, caused by or mulling from the execution of the work provided for ta Us purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any cr all of the Purchasers odlcii agents and employes from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons Or property th which the Purchaser may, be put or subject by reason of any act, when, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contracmrs officers, agents or employees. In conse any suit Or other praeedings shall be brought against me Purchase, or its oRcers, 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, agents or employes m aforesaid, the Seller hereby epees n assume to defense thereof and to defend Ne ante at the Sellers own expense, to pay any and all costs. changes, anorni fees and other espearm. any and all judgments that may he incurred by or obtained against the Purchaser of any of its or their officers, agents or employes in such suits or prom praeedmgs, arm in cue Judgment Or other lim be Flood upon or obtained against the property of she Purchaser, or mid panics in or as, a result of such suits or other proceedings, the Seller will a1 once cause the same m be dissolved and diuharged by gi,, boud or otherwise. The Seller and his comments shell sake all safety precautions, human and install all guards necessary for me prevention of acci&nits, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all rates and regulations issued pursnnuherem. Revised 01I2014