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HomeMy WebLinkAbout491048 MUDRUNNER TRUCKING - PURCHASE ORDER - 3214322 (2)Fort Collins PURCHASE ORDER PO Number Page 3214322 1of2 This number must appear on all invoices, packing sli s and labels. Date: 07/24/2014 Vendor: 491048 Ship To: STREETS DEPARTMENT MUDRUNNER TRUCKING CITY OF FORT COLLINS 3121 NCR 19 625 NINTH STREET FORT COLLINS CO 80524 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 Ordered Extended Price 2 Addendum to PO 1 LOT LS 25,000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. CONIMERCIALDEfA1LS. Tax exemptions. By statute the City of Few Collins u exempt form state and local taxes. Our Exemption Nmnber is 98-04503. Federal Excise Tax Exemption Certificate of Registry IN-6000587 is registered with the Colleen, of hnemd Revenue, Demo, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECfED due to failure to meet specifications, either when shipped or due an defects of damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of women instructions been the City of Fon Collins. Inspection. GOODS ere subjauo the Cory of Fon Collins inpdtian as wrival. Final Acceptance. Receipt of the merchandise, sate mnsca or equipment in pac to this order n result in authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon complermar of all applicable required inspection procedures. Freight Terns. Shipments must be FO.B., City of Fort Collins, JAIL Wmxl Sr., Pun Collins, CO 80523, unless otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill most necamnany invoice. Additloml charges far packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to domndam, and excess freight will be dedma d from Invoice when sternums are made form greater Owned. Permits. Seller shall procure m sellers sole cast all necessary Fermis, certificates and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, moiety or political subdivision tubes, the work is performed, of sequined by any other duly mnimmd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Curtis hamlets form and against all liability Ned loss aortal by them by reason of an asserted a established violation of any such hoo, mgulatiorres ordinances, roles aal requirement. Auditoriums, All Panics to this concoct Note then the reprdampables arc, in finch bons file and gessass fin) and complac majority as bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the no. and rocore ns sated herein set forth and any supplementary or addiftereal team and conditions annexed hereto or promommd heroin by reference. Any additional or different temss and conditions Froposed by seller arc objected to and hereby jetted. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery date as noted. Time is of the essence. Delivery and performance must be Operand within the time stared ern the purchase order and the dcicumenls attached hereto. No acts of the Purchasers including, without I moonion, wer,c nce ul'pwhal late deliveries, shall operate as 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 .rid holding the Seller liable for damages. Goaded, the Seller shall not b< liable fie damages as a resell of delays due an causes not memorably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or at lilary authorities, govemmeoml priorities, rims, stokes, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) rays of the time when the Seller for received knowledge fern[ In the event of any such delay. the dam of delivery, shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Oder will conform with applicable drawings, specifications, samples andror other desrnpti as given, will be fit for the purposes mended, and performed with the highest degree of care and competence on accordance with accoll lowlands for work of a milar nature. The Seller ripen to hold fie purchaser harmless form any loss, change or ,xpeme which the Purchaser may suffer or incur on account of fie Sellers broach ofwanany. The Seller shall replace, repay or male good, without cost to fie purcha d, any defies or faults arising within one (I) year or within such longer peod of time as may be, prescribed by law or by the rams of awry applicable warranty provided by the Seller add are dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials mouthed by the Seller. Accepamce or we of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except. w1hadvlse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or Reademes, bur such liabil iy shall or nu event include loss of profits a less of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY 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 COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including addition to or deletions from the qunmities originally nNered in the specifications or dmwinys, by verbal or written change order. It any such change affect the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puorhmer may at any time by unmen change order, terminate this agreement as to any or all Parmons, of the good then not shipped, subject to any equitable adjustment between the panic as to any work or mammals then in progress provided that the Producer shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods maker work, for mendicant or consequential damages, and that no such edjnment be made in favor cif the Sella with respect o any goads which art fie Sellers stadard stork No such mrmire tion shall relieve ,he Fampand either Seller of., of their obligation .,a any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fir adjusun rid cant be essened within Miry (30) days from the One the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller wamans he, all goads sold hereunder shall have been produced, sold, delivered and famished on sort compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such dmumems as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all cats and damages suffered by the Purchaser as a result of the Sellers failure an comply with such law. 9, ASSIGNMENT. Neither party shall assign, tramper, or convey this ordm or any monies due or he become due hereunder whiwm me prior w'rimmn cursed, of the ocher panty. 10. TITLE. Th, Seller woman. full, clear and unraftiond rile m the Purchaser for all eryipmenl, materials, and items famished in performance of this agreement, for and clear of my and all hen, restrictions, resurrectional. security interest mcumbmncrs it claims of afters. 11. NONWAIVER. Failure of the Purchaser to insist upon sold performance of the scorn and conditions hereof. failure or delay, to ,impose any lights or remedies pdd herein or by law, failure to promptly and fy the Seller in the evem of a breach, orvi the acceptance Paymimt far goods hereunder or approval of den design, shall not release the Seller of any of the warranties or obligations of Or, pumhase older and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfe. hereof w any of its rights or teddies to to any such goods, regardless of whim shipped, received or aacptal, as to any prior or subsequent defaull hereunder, nor shall any purposed am] modification or rescission of this purchase older by the Purchaser create as a waiver of any of the terms heeof. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in wood ec Ic practice, overcharges resulting from mri[ntsr home Th violations art in fact e by the Purchaser. eretoforefor rgood cause and in consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and .11 claims it may now have or hereafter acquired under federal or slate antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser Forward to this purchase order. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter iodicates its mobility or unwillingness to comply, the Purchaser only cause the work to be performed by the most expeditions means available to if. and the Seller shall pay all costs associated with such work. The Sella shall betense the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This ¢lane shall apply even in fc event of fault of negligence of the many released and shall extend to the directors, officers ad employees ofsuch parry. The Sellers contractual obligations, including summary, shall not be rampant to be reduced, in any way, baatse such work is performed or ..it to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process cov'cred by letter, Wtrnt, trademark or copyright, the Seller shall indemnify and save broulds the Purchaser from any and all claims for infringement by posexam of the use of such pnormal design, device, material or process in connection with the com od. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the mounded use of the goods, is in such suit held to constltura infdngemern and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at It option, either picture for the Purchaser the right to arrinue ding said equipment or pans, replace the same with substantially tyml but noninGnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or hankerer, make an assignment for the benefit of creditors, official a recover or trustee for any of the Sella primary or brands, this order may forfwith b, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teens trial or the interpretation arch, agreement and the rights ofall parties M1creutder shall be commusd under and governed Ity the laws of the State ofColotado, USA. The following Addaimed Conditions apply any in cases where the Seller is an pert work hemuMer, including the services ol'Sellm Remexam ivgs), on the premise afrfers. 17. SELLERS RESPONSIBILITY. The Seller shill carry on Said work m Seller's own risk until the same is fully completed and acregard, and shol , in use of any accident, destruction or injury to fie work soaker materials before Sellers final completion and acceptance, complete the work at Sellers own expertise and m the satisfaction of the Purchaser, When materials and equipment are famished 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 proper equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers compensation, including occupational disease benefit, 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 scam in which the work is to be done. The Seller shall also carry comprehensive normal liability including, but not limited to, contractual and automobile public liability issuance with bahly injury unit death limit of or lout 900,000 for my one Person. SSW." for any raw accident and progeny damage limit For accident of S400,000. The Seller shall hkewise require his comments, if any, to provide fur such compensation and creature. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a vertifncate Nat such cnmpeaaation and insurance have barn provided_ Such reniricates shall specify the doe when such competsauon and insurance have been pmebded. Such ditifcams shall specify the date when such compersamn ail insurance expires. The Sella agrees that such compensation and insurance shall be wwddwmd1 until after the imtim work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass ache entire rnponibiliry and liability far any and all damage, loss or injury ofany kind or mare whatswever to persons or propany caused by or resulting form she execution of the work provided for in this purchase order or in connection herewith. The Seller will oedemnify and hold harmless the Purchaser and any or all of the Purchasm orders, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may be put or subject by mown of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agent or employers. In case any suit or other proceedings shall be brought against he Purchaser, or its officers, agent 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 oRmrs, agents or employees as aforesaid, fie Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expertise, to pay any and all dos, charges, attorneys fees and other expenses, any and all jwlgments that may be incurred by or obtained again the Purchaser or any of is or their officers, agents or employees in such suits or other proceedings, and in use judgment or other lien be placed upon or obtained against the pumerry of the Purchaser, or said parties in or n a result ofsuch suits or other predictions, the Seller will at once comes the same to be dissolved Ned discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prmantion, fitmish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regned m safety including, but wihout limosaime, the Odvpational Safety and Health Act of 1970 and sll rules and regulations issued purstunt themo. Revised 07R014