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HomeMy WebLinkAbout320027 O'NEILL TRUCKING LLC - PURCHASE ORDER - 3215152PURCHASE ORDER NumberPO Page City/ of PURCHASE 321515215152 1012 This number must appea�r Collins �7 on all invoices, packing �slips and labels. Date: 01/1212015 Vendor: 320027 O'NEILL TRUCKING LLC 12378 N COUNTY RD 7 WELLINGTON CO 80549 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description uuanuty UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 1 LOT LS 50,000.00 PER TERMS AND CONDITIONS OF BID 7355 AND 7564 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. 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 80522-0580 9 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By swung the City effort Collins is exempt from sate and local taxes. Our Exemption Number is 98-01502. Faded Excise Tax Exemption Cenificae of Registry M.60W582 is registered with the Collector of fir emal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 1I4 (a). Goods Rejected. GOODS REJECTED due to fortune a ..,specifications either when shipped or due to defects of damage in transit, may be returned or you for credit and are not to be replaced except upon receipt of wnnen instructions fmm the City ofFort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in surhoured payment on the pan of the Ciry of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be FO B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unlam otherwise specified on this order. If pemdssion is given to prepay Freight and charge sari m ely, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is m expected frothe nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Famous. Seller shall procure at sellers male cos all necessary permits, cerdficala and licenses required by ill applicable laws, regulations, ordinances and play ofhe sue, municipality, mrntory or political subdivision where the work is performed, or required by any othes duly constituted public memonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorisation. All parties to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority a bind said parties. LIMITATION OF TERMS. This Purchase Order axpressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an yew promisd delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time stated an the purchase order and the documents anached hereon. No ass of the Purchasers includin& without limitation, acceptance ofparmal late deliveries, shall operate m 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 fan damages. However, the Seller shell not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, snap acts of Cod, acts of civil or military authorities. governmenW priorities, fires, spikes, flood epidemics, wars or trots providd that notice of the conditions rousing 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 my such delay, the date of delivery shall be exrmded for the period equal to the time .,only lots by reason of the delay. 3. WARRANTY, The Seller warrens that all access, Aides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with roe highest degree of care and competence in mwrdmce with accepted ..it.& for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or Incur on account oththhe Sellers breach of warranty. The Seller shall replace. repair or make good without cast to the purchaser, my defects or faults arising within one (I) year or within such longer period of time m may be prescribed by law or by the terms of my applicable worrmV provided by the Seller Act the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constiww a waiver of any claim under Ibis wapmty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event inclde loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS_ The Purchaser may make charges to legal terms by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaseray mmake my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in she Specifications or dmwings, by verbal or wdnen change order. If any such change affects the amount due or the time of perfmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may st my time by wrinen change order, terminate this agreement as to any or all portions of the goods than not shipped, subject to my equitable adjustmem between the parties as to my work or materials then in progress provided new the Purchaser shall not be liable for my claims for anticipated comms on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mmunation shall relieve she Purchaser or the Seller of my of their obligations as to my goads delivered hereunder. J. CLAIMS FOR ADJUSTME,N. Any claim for adjuamem must he asserted within thirty (30) days from the dare the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller co mints that all goods sold hereunder shall have been products sold delivered and fumished in strict compliance with all applicable laws and regulations m which the goads are subject The Seller most execute and deliver such documents as may be required an effect or evidence compliance. All laws and regulations required to be incarcerated in agreements of this character are hereby incoryorated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or move, this order, or my monies due or to become due hereunder withmn the prior wrinen consent of the other party. 10 TITLE. The Seller waninss full, clear and unresaiad title to die Purchaser for all equipment, matenals, and items fumished to performance of this agreement free and clear of my and all Earn, restrictions, observations, se crib y interest encwnbsmces and claims of others. 11, NONWAIVER. Failure of the Purchaser to insist upon wrlet performance of the tams and conditions hereof failure or delay to any rights or remedies provided herein or by law, failure to promptly eotify the Seller in the event of a breach, exercise acceptance of or payment for goods hereunder or approval ofhe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser to insist upon stria performance hereofor any of its rights or remedies u to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shill any puryoned ad modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms harrof 12. ASSIGN.. Xf OF ANTITRUST CLAIMS. Seller and the Purchaser recepis that in actual economic practice, overcharges resulting from antitrust violations are in fact prime by the Purchaser. Theretofore, forgood 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 acquired coder federal or state metro t laws for such overcharges relning to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller ro cormt nonconforming or defective goods by a doe m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its in rill try or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shill pay all costs associated with such work. The Seller shall release the Purchaser and its comparators of any tier from all liability, and claims of any, ..We resulting from the performance of such work. This release shall apply even in the event of fault of negligence of me party released and shill extend to the directors, officers and employees of such parry. The Sellels c momt" obligations. including warranl shall not be deemed to be reduced in my way, became such work is peroproa d or caused to be performed by the Purchases. la. PATENS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infdngcment at my time during the prosecution or after the completion of the work In cone said equipment, or any pan thereof or the intended use of Be goods, is in such suit held to consume infringement and the use of said equipment or pan 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 pens, replace the same with substantially equal but nompfinnging equipment or modify it so it becomes noninfdnglng. 15. INSOLVENCY. If the Seller most become Insolvent or banompt make an assignment for the benefit of crediers, appoint a receiver or tame, for my of the Sellers property or business, this order may fonhMh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the merpretation of the agreement and the rights of ill parties hereunder shall be canmmed under and gerem d by the laws ofthe Scale of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Remesenlauve s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall carry, an said work an Sellers own risk mail the same is fully completed and accepted, and shall, in case of my accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work a Seller's own expense and a the satisfmtion of the Purchaser, When materiels and equipment are fumished by others for installation or erection 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 fumished by the Seller under the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers cempersamon, including occupationel disease benefits, to its employees employed on or in connection with the work covered by this purchase order, wiper 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, contractual and automobile public limulity insurance wi r bodily injury and deaN limits of at least $300,000 for any one person, 1500.0Oo for any one accident and property damage limit per accident of S400000. The Seller shall likewise require his contractors. if my, to provide for such compensation and Insurance. Before my of the Sellers or his contrxaom employees shall do my yo rk upon she premises of others, the Seller shall furnish the Purchaser with a ceni ewe that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cemficalee 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 more responsibility and liability for any and all damage, loss or injury of my kind or partite whosoever to persons or property caused by or resulting from 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 my or all of the Purchasers Alcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property, to which the Purchaser may be per or subject by reason of my act. action, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employee. In case my mon or other proceedings shall be bought against the Purchaser, or is Dicers, agents or employees an my time on accounn or by reason of my an, scoop, neglect, omission or deGuh of the Seller of any of his mmressors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees to resume the defense thereof and to defend the same at the Sellers own expense, w pay my and all costs, charges, apomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings. and in care judgment or other Iran be placed upon ; o obtained against the property of the Purchaser, or said parties in or se,a result of such suits or other proceeding the Seller will as once cause the same to be dissolvd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but withoul limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuent thereto. Revised 07P014