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HomeMy WebLinkAbout320030 MORRIS TRUCKING - PURCHASE ORDER - 9122620PURCHASE ORDER PO Number Page CClty Of 9122620 1 of 3 `t Collins This number must appear ` ` J on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 320030 Ship To: STREETS DEPARTMENT MORRIS TRUCKING CITY OF FORT COLLINS 3900 IDEAL DR 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 Ordered UOM Unit Price Extended Price 1 2012 CONTRACTUAL 1 LOT LS 10,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 1,000.00 3 Contractual Labor 1 LOT LS 10,000.00 4 Contractual Labor C3. O✓l�:s�2� 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 1 LOT LS Total Invoice Address 10,000.00 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9122620 2 of 3 `t Collins This number must appear on all invoices, packing slips and labels. c3. oi�e s� 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. I'ax exemptions. By statute the On, of Fon Collins is exempt from state and local tuxes. Our Exemption Number is I I. NON WAIVER. 98-0r502. Federal Excise leas Exemption Cenilicme of Registry 84-0000587 is registered with the Collector of Failure of tlh, Purchaser m insist upon strict performance of the tariff and conditions hereof, failure or delay I. Imerwl Rev anue, Denver. Colorado (Ref. Colorado Revised Samvs 1973, Chapter 39-26, 114 (a). caemisc any rights m emcdies provided herein or by War, failure to pmmptly notify he Srllcr in the cvam of u breach, the acceptance of of payment for goods hereunder or approval of the deign, shall not release the Srllcr of Goods R j"tcd. GOODS REJECTED due to luilue m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor be devoted a waiver Offaly right of the damage in transit, may be returned to you fur credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hmxof or any of its rights or fallacies as to any such goods, regardless instructimu lion. the City of Town Collins. of, ]I,,, shipped, r.cctoted or accepted, as to any prior or subsequent default hereunder, nor Shull any purported and modification or ,.is,ion of this purchase order by the Purchaser operate us a waiver of any of the tariff Inspection. GOODS era subject to the City of Fan Collins inspection ram.,is'Lot. hereof. Final Acceptance. Receipt at' the merchandise, vnvicc, or equipollent in eSponao to this uNer can nsuh in 12. ASSIGNMENT OF ANI'1'1'RUS'ICLAIMS. authorized payment on the port of the City of I -on Collins. however, it is to be understood Ihm FINAL Seller and the Purchaser recognize that in 1eu11 economic Practice, overcharges resulting tram antitrust ACCEPTANCE is dependent upon completion of ull applicable required inspection proceduresviolations are in fact borne by the Par. lrascr. 'theretofore, fbr good cause and as consideration for executing this purchase order, Ilia Seller hereby assigns rat the Purdwscr any and all dohs it may nmv have tar hcrcaficr Freight learns. Shipments must be F.O.B., City of Fort Collins, 70b Wood St., Fun Collins, CO 80522, unless acquired under federal or sole antitrust ImvS for such overcharges relating to fhe particular goods ar services ohenvise Specified on this order. If permiwion is given m prepuy fright and ehuuge separately, the original freight purchased or acquirctl by the Purchaser pursumd to this purcimse under. bill must accompany invoice Additional charges for packing will not be ucceptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whce m,nufacaers have distributing winks in vmiuus puns of the county, shipment is li the Purchnaser directs Ilia Seller to coact nonconforming or defective goods by a Jute to be agreed upon by the expected prom the nearest distribution point to destitwtiun, and excess freight will be deducted front Invoice when PurclolScr and the Seller, and the Seller Ihercaricr indicates its inability or unwillingness to comply, the Purchaser Shipments are made Iiom greater distance. tiny cause the work to be performed by the .,Last expeditious means available to it, and the Seller shall pay all costs associated with such work. Pennis. Seller shall procure at seller ale cost all necessary permits, caniliemcs and licenses required by all applicable laws. regulation,, ondinmccs and rules of the brute, municipality, territory or political subdivision where dos work is perfurnied, or required by any other duly constituted public authority hating jurisdiction over the work of vend.,. Seller further a,aces to hold the City of Tom Collins harmless from and against all liability and puss incurred by IIranr by reason of an .sane! or established violation of any such laws, regulations, ordinances, rates and nequirenwnts. Authorization. All panics no this contract agree that the representatives are, in fact, bona fide and possess full and wnplcte uuthmity In bind said panics. LIM] I'A1'ION OF *PERMS. Phis Purchase Omer expressly limits acceptance to the tarns and conditions Steel herein set forth and any supplementary or additional terms and conditions annexed natural .r inctrgaaried hcrcin by reference. Any additional or difTerenl tern, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot retake co ... plate Shipment to arrive ran your promised delivery data as noted. Time is of the essence. Delivery and performance must be efaucIed within the Rine Sated on the purchase order and the duunients amached herein. No acts of elm Purchasers including, without limiwriun. acceptance of puniest late ddneries, shall opemte as a waiver at'thi. Provision. lot the... a, ufully delay, the Purchaser Shalt have, in uddflian mother legal and equitable remedies, the option ofplacing this order clSewherc and holding the Seller liable for daral However, the Seller Shall not be liable for damages as a result of delays due La causes nm reasonably linawcablc which arc beyond its reasonable control and without its fault ofnegfigenec, such act, of God, acts of civil tar military atalmn icS, governmental priorities, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such defray is given to the Purchaser within lice (5) days of the lime when the Shcar tint ...rived knowledge thereof. pre the event of any such delay, the date of delivery Shall be extended fur the period equal to the time actually post by reason of the delay. 3. WARRANTY. 'fife Seller warans Thin all g.&, articles, materials nmd work covered by this order will conform with applicable drawings, specipiemions, samples mall., miler descriptions given, will be fit titer the pinpaw, intended. find pe donned with fire highest degree of care and co ripemeuce in accordance with accepted standards for work Of it similar nature. 'fife Seller agrees to hold the purchaser baroness from any puss, damage or expense which the Purchaser may Sutter or incur on account of tha Sellers beach of warrany. The Srllcr Shull replace, repair or nake good, without cult to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be prewribcd by law or by Ilt, terns of any applicable warranty provided by the Seller after tle date of acceptance of the gumiS furnished hereunder (ucccpurce out to be unreasonably delayed), resulting Iiom imperial tar defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this Warr nq'. Except as uffia isc provided in Ibis purchase order. Ilia Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shape in no event include loss uipmfis or loss of use. NO IMPLIED WARRANTY OR MERCHAN'I'ABILI'rY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI LANCES IN LEGAL PERMS. The Purehuxr may mukc atmi s to legal Ill by winner change order. 5. CHANGES IN COMMERCIAL TERMS. 1'he Purchaser nmy make any changes to the tariffs, other than legal It including additions to or dddions Irom the quuntillcs originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change affcros Lou amount due or the time of perl'ortua occ hereunder, ran equitable adjustment shall be made. U. TERMINATIONS. 'Ihc Purchaser may rat any time by wrincn change order, tenninotc this agreement as to tiny or all portions of the gouds then not Shipped, subject to any equitable adjustment bar van the panics as to any walk or materials then in pru,,e- provided It.. the Purchaser shall na be liable fur any claims to, amicipaad Profits on the Lot cunrpleed Portion of the goodb indoor work, for incidental or consequential damages, and that no such adjustment be made in four of the Seller with respect to any good, which are Ill Sellers sandurd block. No such wrotinawn shill relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any dainh for adjustment mutt be ussmcd within thirty (30) days Rom the date the change or farm illation is mdracd. 8. COMPLIANCE WITH LAW. The Seller wurmns that all goods sold hereunder shall have been produced. Sold, delivered and furnished in strict compliance with all applicable Laws and regulations m which the goods arc subject. The Seller Strait execute and deliver such documents us nay be rcquircd m eflect or evidence compliance. All laws and regulations required to be incorporated in agreement, of this character ore hereby incoromted hcrcin by this reference. The Seller agrees w indemnify unit hold the Purchaser harnness firm, all casts mid damage, sdiircd by fit, Purchaser as a ,,all of ill, Sellers fuilm,1. comply with Such law. 9. ASSIGNMENT. Neither Puny shall assign, uasfcr, tar convey this order, or any rifles due or to become due hereunder coif rmn Ilia prior wrincn consent of the other pony. 10. 1'1'FLE. 'Ihe Seller wamanf full, clear and unrestricted title to the Purchaser for all equipment, nateria IS, and items fumishcd in performance of this agreement, feu and clear of any and all liens, restrictions, rewn'afiuns, security interest encunibr tricot and claims of others. 'Ilia Seller shall odacw the Purchaser and its contractors army tier from all liability and claims of any nature resulting from the pcniannance of such stork. His ale„c shape apply even in tine event of fault at' negligence of the party released and shall extend to the directors, olliecn and employees ofsuch party. 'I'hc Seller's coutneatil obligations, including wmin ary, ,[w]] not be dcenmd to be reduced, in any way, bc...ive such Durk is f,doroted or ceased at be partbrnmd by the Puctrawn 14. PA'I'EN'I S. Whenever Ilia Seller is required m tax any design, device, material or process covered by letter, patent, trademark tar copyright, it,, Sell,, Shall ind,outify and save harmless tine Purchaser from any and all claims for intriagericat by rcuson of it,, use of such patented design, device, ntacrial m process in connection with [tic contract, and shape indemnity Ilia Purchaser for any cost, expense or damage which it may be obliged to pay by'reason ol'such i tiingemcat at any time during the proseculion or alter the completion of the work. pre caw said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of Said equipalcm or pan is attained, the Seller shall, at its own expense and at is option, either pmcurc for the Puchaser Ihc right to continue using said equip.,ont or par,, repace the Same wide Substantially equal but nonintringing equipment, or aridity it SO it becomes noninfringing. 15. INSOLVENCY. If the Seller Shape become insolvent or bankrupt, make ran assigunicat for the benefit of creditors. appoint a reaivcr Of trustee fur any of the Sellers property or business, this uNer Lilly fonlovith be canceled by the Purchaser without liability. IG. GOVERNING LAW. 'I'hc definition, oficnus used ,, the intcipictalion of the vgrcenhcnu and tic right of all panics hereunder Shall be CUlbnl'Led uudcr and gmartred by Ilia paws of Ihc Sale ul Colorado, USA. The allotting Addition,] Conditions upply truly in cases where the Seller is to perform work hcrcundcr, including the sa'vices of Sellers Represcnlativc(s), on the pemiscs of (,liters. 17. SELLERS NESPONSIBILI'I Y. 'I'hc Seller shall carry on said work at Setters man risk moil the Sure is fully completed and accepted, and shall, in case of any accident, destruction or injury to Ihc work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the Satisfaction of the Purchaser. Wharf materials and equipment are furnished by then In, installation ., erection by the Seller, the Seller Shall receive, unload, ,lure and handle Same aI the Sit, and bacons mnxmsible therefor as though such materials and/or cquipman were being furniSlad by the Seller under the order. 18. INSURANCE. 'I'hc Seller shalt, m ]If, own c pose, provide for Ilia payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Ihc work covered by this purchase order, and/or m their dependents in accordance with Ihc laws of Iles, Sal, in which the work is to be dam. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wish bodily injury and death limits of rat least $300,000 for any one person, S500,000 ra nay our accidow ad property damage limit per accident of S400,000. 'Ihc Seller shape likewise require his coullactms, if any, 1. provide for such cunlpcnsatiml and insurance. Before any of the Sellers or his contractors mnplgvc, shun do any work upon Thu premises of mhcn, tiro Seller Shull furnish Ilia Purchaser with a cenilicale Ilia[ such coapcnsuliun and insurance have been provided. Such cenificaas shall specify the date when such compensation and insurance hove been provided Such eci ilicatcs shall specify Ilia date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire ,.,it is canip]eted and accepted. 19. PRO 'I ECI']ON AGAINST ACCIDL'N'I'S AND DAMAGES. 1'11c Seller hereby a ,umcs the entire rcspwnslbilify and liability fur any and all damage, loss or injury of any kind or nature ahasolver to person or property caused by or resulting from the execution of the work provided fur in this purchase order or in connection herewith. The Set le, will indemnify and hold Immtll,, the Purchaser and any tar if of the Pmahawnr otficcrs, .,.,is and emptoycrs Iiom and Lt insr any and all slain i, losses, damages, charges or expenses, whether direct or indimet, and whether to persons or property to which the Purchaser may be put or subject by lesson of any act, action, neglect, mnissioa or default on the pan of the Set Ill, any of his contractors, or any of the Sellers or contractors oniecn, agents or employees. In case any suit or other proceedings shall be brought against Ilia Purchaser, or is oflicen, agents tar employees at any time an recount or by rcuson of any act, action, neglect, remission nr default of Ihc Seller of any oibis contmcmn or any of its tar their otfiern, agens or employees as ,for ,,id. the Seller hereby u,,,a, to assume the defense thereof and m defend till mute at the Sellers own cvpcnsc, m pay nay cod all cuss, churgas, ,ttemayS lies cod other exposes, tiny and all judgmens the only be incuncd by or obaincd against the Purchaser or any of its or their olficers, agents or cop]oyces in Such Suits or other pmccadings and in case judgment or other lino be placed upon for .bain,d ugainm Ihc property ofdre Purchaaq or said parties ice or as a result of Such suits or enter proceedings, Ihc Srllcr wit] at once cause Ihc sane to be dissolved and discharged by giving bond or mherwise.'I'bc Seller and his contractors shall take all safety preeautiuns, furnish and install all guards necessary fur the prewifio r of accidads, comply with a]] law, and regululiuns with regard to Safely including, but without initiation, the Occupation,] Safely and Health Act of 1970 and all rules and regulation {sued pursuant Thereto. R,,iscd U312010