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HomeMy WebLinkAbout498970 HILL PETROLEUM INC - PURCHASE ORDER - 9150122Fort Collins Date: 0110812015 Vendor: 498970 HILL PETROLEUM INC 6301 RALSTON RD ARVADA CO 80002 PURCHASE ORDER PO Number Page 9150122 1of3 This number must appear on all invoices, packing slips; labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket Order 1 LOT LS 600,000.00 Biodiesel to cover the cost of fuel for fiscal year 2015 at various sites per terms and conditions of Bid #7327 and the related Agreement. Only branded fuel will be accepted and requests for fuel shall be made by City Parts department only. All deliveries shall be accompanied by an invoice or delivery ticket. It is the driver's responsibility to ensure that a City employee is present before hooking up to any City fueling site. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Blanket Order 1 LOT LS 500,000.00 Unleaded 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@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80622-0580 PURCHASE ORDER PO Number Page City of///��� s�so�z2 2of3 `t Collins Thisnumber must appear it 1 on all invoices, packing sli s and labels. 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@fcgov.com Total $1,100,000.00 Pay terms net 30 days 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. Tax exemptions. By statute the Ciry of Fon Collins is exempt from some and local taxes. Om Exemption Number is 11- NONWAIVER. 98-04502. Federal Exciae Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of aim Purchaser to insist upon aria performance, of the temrs and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 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 is breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right Of the damage in penvt may be trimmed to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon ruin performance herra for anyofits rightsorremedies as to my such goods, regardless instructions tram the Cory of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by Me Purchaser operate as a waiver of my of the terms Inspection GOODS are subject to the Ciry of Fan Collins inspection on mrieff hereof Final Acceptance. Receipt of the memhande,c. service or equipment in response to this order can result in 12. ASSIGNMENT OF AM1TITRUSTCLAI,NS. committed payment on the pert of aim City of Fan Collins. However, it is to be understood then FINAL Seller and the Purchaser recognise then in actual era mic practice, overcharges resulting from mtipust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore nfor good cause and as consideration for executing this purchase order, the Seller hereby psi w to the Purchaser my and all claims it may now have or hereafter Freight Teens. Shipments min be F.O.B. City of Fan Collins, 700 Wood St_ Fan Collins, CO 80522, unless acquired under federal or state around laws for such overcharges relating to the particular goods or semces otherwise specified on this order. If permission is given to prepay freight and charge separately, the original f eight purchased or acquired by the Purchaser pursuant to this purchase order. bill net wcompmy invoice. Additional changes for pecking will not be accepted. Shipment Rstmce. Where manufacturers have distributing points in various parts of the country, shipment is expected tram Me nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall proton, at sellers sale ran all necessary perrim, certificates and litanies required by all applicable laws, regulations, ordinances and rules of Me state, municipality, territory or political subdivisim where Me work is performed, or required by my oMer duly co enimred public authority having jurisdiction over Me work of vendor. Seller further agrees to hold Me City of Fan Collins bounders fmm and against all liability and loss endntied by them by reason of an asserted or established violation of my such laws, regulations, mortuaries, rules orrequirement. Authmeation. All ponies to this orator, agree Mat Me representatives are, in fact bona fide and possess full and complete authariry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me terms and conditions stated herein set form and any supplementary or additional tomes and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DEW VERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anlve w War promised delivery dare as noted. Time is of the essence. Delivery and performance must be effected within Me time stated on Me purchase order and Me documents coached hereto. No act of Me Purchasers including, without limitation, acceptance of parnel late deliveries, shall operate as a waiver of this provision. In Me event army delay, me Purchaser shall have, in addition to other legal and equitable remedies, Me option of planing this order elsewhere and holding the Seller liable for damages. However, Me Seller shall not be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, act of civil or military authorities, gevemmenml priorities, Gres, spikes, flood apidemies, wars or nots provided Mat notice of Me conditions causing such delay is given to Me Purchaser within five (5) days of the time ohm Me Seller first received knowledge thereof In the event of any such delay, Me data of delivery shall be extended for Me period equal or Me time actually lost by reason of Me delay. 3. WARRANT(. The Seller warrant Mat all goods, ankles, Anownais and work covered by this order will conform wed applicable drawing, specifications, sample and/or oMer descriptions gives, will be fit for the purposes intended, and performed with Me highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold Me purchaser harmless from any loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of wanmry. The Seller shall replace, repair or may good, without cast to Me purchaser, my defects or faults mixing within one (1) year or within such longer period of time as may be presenbed by law or by Me more of any applicable warranty provided by Me Seller after me dare of roommate of Me goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfem or defective work done or materials fumished by me Seller. Acceptance or use of good by Me Purchaser shall not comtitme a waiver army charm under this warrmry. Except as oMerwse provided in cars purchase order, Me Sellers liability hereunder shall extend to all damages pmxime ely ranged by Me breach of my of Me foregoing wanantias or guarenrm but such liability shell in no event include loss of profits or loss arrive 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 written change order. 5, CHANGES IN COlOM4ERCIALTERMS. The Purchaser may make my changes to Me terms, other men legal terms, including additions to or deletions from me counties originally ordered in the specifications or drawings, by verbal or winner change order. If my such charge affect Me amount due or Me time of perfoamance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in my time by women change order, tencrom a this agreement as to my or all portions of Me goods Men not shipped, subject to my MMmble adjusemvu between me parties as m my work or materials then in positrons provided that the Purchmer shall not be liable for my claims for anticipated profits on the uncompleted pardon of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wits respect to my good which are Me Sellers standard stock. No such termination shall relieve Me Purchaser or Me Seller of my of their obligations as to my goods delivered heremder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within throe (30) days from the dam me change or Lamination is moment 8. COMPLIANCE VVI H LAW. The Seller wartenb Men all goods cold hereunder shall have bow produced sold, deliverd and furnished in auin complianco with all applicable laws and regulations to which Me good are subject. The Seller shall awards aml deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by Mis reference. The Seller agrees to indemnify and hold Me Purchaser harmless fmm all teas and damages suffered by Me Purchaser as a result of Me Sellers failure an comply with such law. 9. ASSIGNMENT. Neither parry shall assign, manager, or convry this order, or my monies due or to become due hereunder without Me prior wripw consent of me oMer parry. 10, TITLE, The Seller warts full, clear and wrestriaed aide to Me Purchaser for all egdpmwt materials, and to. furbished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest comnbmoces and claims oF.Mars. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by a data to be agreed upon by Me Purchaser and the Seller, and Me Seller thereafter Indomew its insbiliry or mwillinymeas to comply, Me Purchaser may cause the work to be performed by Me most expeditious means available to it, and Me Seller shall pay all wets asmciamd with such woh. The Seller shall od. Me Purebaser and its contractors of my der fmm all liability and claims of any nature resulting from Me Ixrformmce of such work. This release shall apply even in the event of fault of negligmce of Me parry cleared and shill extend or the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 'Abmever Me Seller is required to use my design, device, owning or ponces covered by letter. grown, trademark r copyright the Seller shell indemnify and save harmless Me Purchaser from any and all claims for infringement by reason of Me use of such patented design device, meters or process in connection war, Me contract, and shall indemnify Me Parebaser for any con, expense or damage which it my he obliged to pay by reason of soft infringement at my time during the prosecution or after Me completion of Me work. In care said equipment, or my pan thereof or to intended we of Me good, is in such suit held to constitute infringement and Me use of said equipment or pan is enjoins Me Seller shall, at it own expense and in its optian, either procure for Me Purchaser Me right to continue using said equipment or pans, replace Me same with substantially equal but naninfnnging equipment, or modify it so it becomes nomnforging. 15. INSOLVENCY, If Me Seller shall become insolvent or bankrupt make an assignment for Me benaft of crMisors, appoint a mecteer or owner for my of Me Sellers property or bminess, this order may forthwith be canceled by Me purchaser without liability 16. GOVERNING LAW. The definitions of to. marl or Me interpretation of Me we. and Me rights of all parties hereunder shill be conswed under and govemed by Me laws of me Slam of Colorado, USA. The following Additional Conditions apply only in cases whom Me Seller is to perform work hereunder, including me services of sal lers Representadve(s), on the premise ofothers. IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until Me same is fully completed and accepted, and shall, in e of my accident, destruction or injury to Me work and/or materials before Sellers find completion and acceptance, complete Me work in Sellers own expense and to Me satisfaction of Me Purchases, When recently and equipment are ftunished by others for installation or erection by Me Seller, Me Seller mall receive, unload .or and handle same or Me site and became responsible Menem, as though such rnatenals and/or equipment were being famished by Me Seller under Me order. 18. INSURANCE. The Seller shall, at his awn expense, provide for Me payment of workers compensation, including occupational disease benefits, to it employees employed on or in connection with Me work covered by this purchase order, and/or to their dependents in accordance wM Me laws of Me state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and aummobile public liability insurance with bodily injury and death limit of at leant $300.000 for my one person, $500,000 for my acoidem and property damage limit per accident of $400,000. The Seller shall hkewwo require his contractors, ifany, to provide for such compensation and insurance. Before my of m<Sailors or his contractors employees Mall do any work upon Me premises of others, Me Seller shall famish Me Purchaser wits a certificate Man such campenmtion and issuance have hem provided. Such cernficams shall specify Me date whom such comporminen and insurance have been provided. Such certificates shall specify Me due when such compensation and insurance expires. The Seller agrees Mat such compensation and insurance shall be maintained until after Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me entire responsibility and liability for my and all damage, lass or injury of my kind or nature whomever to persons or property caused by or auldng from the execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agent and employees firm and a myr any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which Me Purchmer may Ire put or subject by reason of my rat action, neglect omission or default on Me pan of Me Seller, my of his codoways, or my of the Sellers or conowdow olicers, ugmt or employ.. In case my .it or what proceedings shall be brought against Me Purchaser, or it officers, agent or employacy at my time an account or by reasw of my act action, neglect omission or default of me Seller of any of his conuattot or any of it or Meir officers, agents or employees as aforesaid, Me Seller hereby wrew to assume Me defense thereof and to defend Me mine at Me Sellers own expense, to pay my and all rase, charges, anomsys fees and other expenses, my and all judgments that may be incurred by or obtained against Me Purchaser or my of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against Me property of Me Purchaser, or said parses in or as a result of such suits or other proceedings, Me Seller will at once cause Me same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall coke all safety precautions, famish and initial all guards nwessary for Me prevention of accident, comply with all laws and regulations with regard to safety including, but without limlmnion. Me Occupations] Safety and Health An of 1970 and all rules and regulations issued pmment Maraca, Revised 07R014