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HomeMy WebLinkAbout491048 MUDRUNNER TRUCKING - PURCHASE ORDER - 9123731 (2)City of art Collins Date: 06/29/2012 Vendor: 491048 MUDRUNNER TRUCKING 3121 NCR 19 FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9123731 j 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 06/29/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 CONTRACTUAL 1 LOT LS 7,000.00 per terms and conditions of bid 7355 2 Contractual Labor 1 LOT LS 7,000.00 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 Total Invoice Address: 14.000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-N502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the Icons and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 70.26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the ricceptnnce ofor payment for good hereunder err approval of the design, shall not relcme the Seller of Goods Rejected, GOODS REJECTED due to failure to meet 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 transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods. regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported meal modification or mxcksioo of this purchase order by the Purchaser operate as a waiver of any of the toots Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 Fun Collins. Howmer, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Firm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdures. violations are in fact 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.B.. City of Pon Collins. 700 Wood St_ Fan Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise .specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany imniee. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. 0.'here manufacturers have distributing Points in various pans of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to dratimition, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seiler thematic, indicates its inability or unwillingness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means maiUble to it, and the Seller shall pay rill costs associated 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 roles of the state, municipality, tctrimry or political solmlivision where the work is performed, or required by any other duly constituted public authority htrvingjurisdietion over the work of vendor. Seiler further agrees to hold the City of Fort Collins hamdess fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such Imes. regulations, ordinances. roles and requirements. Authorintion. All patties to this contract agree that the representatives arc, in fact. bona ride and possess fell and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by rcfcrcnce. Any inklaiowl or diffcrent term and conditions proposed by seller arc 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 be effected within the time stated on the purohac order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere .and holding the Seller liable for damages. Hmvover, the Seller shall not be liable for deranges is 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, acts ofeivil or military authorities. governmental priorities, fires, strikes, Bind, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller For received knowicdge 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. J. WARRANTY. The Seller wwmnts that all goods, articles. materials and wnrk covered by this order will conform with applicable drawings, specifications, samples and/or other description,, given, will be fit for the purposes intended, and perfomad with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warmnty provided by the Seller niter the date of acceptance of the goods famished hereunder (acceptance not to be 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 constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers 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 profits or loss of esc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to kcal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tarns, other than legal terms, including additions to or deletions from the quantities originally entered in he specifiemiams or drawings, by verbal or written change order. If any such change affects the amount due or the time of performin cc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to tiny or all portions of the goods then not shipped, subject to any equitable adjustment between the panics a to any work err materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No s ch monarztion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ardcmd. A. COMPLIANCE WITH LAW. The Seiler warrants 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 arc 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 arc hereby incorporated herein by this rcfcrcnce. The Seller agrees to indemnify and hold the Purchaser formless fmm all costs and damages suffered by the Purchaser as a result of the Sellers (Ludlum to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other paw. 10. TITLE. The Seller warrants full, clear and arms tricled title to the Purchaser for all equipment, matenia Is. and items furnished in performance of this agreement fret and clear of any and all liens, restrictions, rescreatiort, security incest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the went of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsech party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any very, because such work is perfumed or caused In be performed by the Purchaser. I d. PATENTS. Whenever the Seiler 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 process in connection with the contract and shall indemnify the Purchascr for any cost, expense or damage which it may be obliged to pay by reason ofsteh infringement rat any time during the prosecution or nficr, the completion of the wmrk. In case 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 Paid equipment or part is colored. the Seller shall, at its own expense and at its option, either procure for the Practise, the right In continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seiler shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business this order may fenhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of moms used or the interpretation ofthe agreement and the rights ofall panics hercunda shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to pMorm work hereunder, including the services of Scllcrs Representative(s). collie premises ofethem. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the some is fully completed and accepted, and shall, in ease of any aecidcnt destruction or injury to the work and/or nmterinls 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 are famished by others for installation or erection by the Seiler. the Seiler shall receive, mdoad. store and handle same at the site and become responsible therefor as though such materials and/or equipment wcm being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workem compensation, including oecupatinnal disease benefits to its employees employed on or in connection with the work covered by this purchase order. and/or 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 liability insurance with bodily injury and death limits of err least S300.000 for any one person. 5500.000 for any one accident and property damage limit per accident of S400,000. The Seller .shall likewise require his contractors, if any, to provide for mach compensation and insumnee. Before any of the Sellers or his contractors employees shall do tiny work uPer the premises of others, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hive been provided. Such certificates shall specify the date when such eompcnsntimu and insurance cxpircs. The Scllcr agrees that such compensation and insuuance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind or nature whatsoever to persons or pmperiy caused by or resulting fmm the execution ofthc work Polluted for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents cad 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 put or subject by reason of any act action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its officers, 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 offcm.. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and nil judgment that may be incurred by or obtained against the Purchascr or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the Property of the Purchascr, or said parties in err as a resit of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions, furnish 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 nll mla and regulations issacd pursuant Ihcrem. Revised 0312010