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HomeMy WebLinkAbout320030 MORRIS TRUCKING - PURCHASE ORDER - 3214321 (2)Fort Collins Date: 08/07/2014 PURCHASE ORDER PO Number Page 3214321 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 320030 Ship To: STREETS DEPARTMENT MORRIS TRUCKING CITY OF FORT COLLINS 3900 IDEAL DR 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 30,000.00 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 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 2 of 2 I. COMMERCIALDEFAILS. Tax exemptions. By statute the City of Fon Collins is exempt fmm state and local laces. Our Exemption Number V 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-601)(1 is mgistered with the Collemor of Failure of the Purchaser to insist upon stria performance of the teats and eardrum hereof. failure or delay to Internal Revenue, Denver Colorado Ref. Colorado Revised Somalia 1973, Chapter 39-26, 114 ad. exercise any rights or remedies provided he or by law, failure to promptly notify, the Sella in he evens of a breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of any of the wartanties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in utensil, may be returned to you for credit and we not to be replaced except upon twoma of written purchaser to hosier area strict performance hoomfor any of its rights or remedies as to any such goods, regardless inwmion fmm the City of Fan Collins. of when shipped, received or acepted, as to any prior or subsequent default hereunder, nor shall any plrRoned oral modification or rescission of this purchase oNer by the Purchaser Warm as a waiver of any of the ¢was Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof, Final Acceptance. Receipt of the merchuMix. services or equrprms in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. ...le rued paMan on the pan of the City of Pon Collins. Housver, it is to be understand the FINAL Seller and the Purchaser, recognize that in actual ecommic practice, overcharges resulting fmm aatimew ACCEPTANCE u depondem upon completion mall applicable required inspection procedures. violations are in fact home by the permission. Theremfore, for good cause and az consideration for executing this purcham order, the Seller hereby assigns to the Purchaer my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.D., City of Fort Collins, 000 Wood St, Fort Collins, CO 80522, unless acquired under faleral or state antitrust laws for such as'erchages relating to file particular goods or services ahawim specified on This cider. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase oMe,. bill must accompany invoice. Additional charges for packing will not be warned. 13.PURCHASERS cts the RMANCEOF SELLERS OBLIGATIONS. Shipmentown Cultures facedreinanution poi have odesiinibun, and extss us pans de the dfrom,voice hen Ifthe Purchasereeiler,a Setter to correct ordefective orndsbyadass to be comply, d Won by the expected fmm the nearest distribution point m destination, and excess Freight will be deducted from Invoice when Purchaser and We Seller, and the Sellerythrocafter most expeditions its inability or unwillingness to comply, the Purchase shipments are made fmm greater distance, may came the work to be preformed by the must expedition meads available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall powers i sellers sole cost all eecesmry permits, c, wori met and lirenas required w all applicable saes, Performed, r m okra by and rules duly slated public authority lertyory it political subdivision where the work is performM, or medical by any ether July Fort consumed public esfl ior havwart g ainst .11 lie over the work rrndor. Seller further agrees a herd the City li Fort Collins harmlessanys floor and against all liability end loss adrincurred by them by rcvwn of m asserted or established violation of any such laws, regulations, ordinances, mks and requirement. Aulhonzmina All ponies ro this contract agree that the representative ate, in fact bona Ode and possess full and complete authority 1p bind said portico. LIM I AT HE OF TERMS. This Purchase Order expressly limits iwee,mnce m the terms and conflicts stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arive oa your promised delivery date as noted. lime is of the comm. Delivery and Performance most be eRttted within the time stated on the purchase oNer and the documents musbad hereto. No was of the Purchasers including, without limitation, sompmnce of partial late deliveries, shall Waste as a waiver wilds provision. In the event ofany, delay, the Purchaser shall have, in addition to .,he, legal and equitable remedies, the option of placing this oNer elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damaga as a mull of delays due as causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligence, such was of God, acts of civil or military authorities, govemmental priorities, fires, strikes, flood. epidemics, wars or riots provided that notice of the conditions causing such delay is given nt the Purchaser within five (5) days Of the lime when the Seller first received knowledge thereof, In the event of any such delay, the dam of delivery stand be extended for the Penh equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that MI goods, articles, maenak and work covered by this order will mnfmm wiN applicable dmwings, specification, samples mother other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cart and competence in acroNance with accepted standards for work of a similar eau¢. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may curlew or incur on account offing Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to file purchaser, any defects or faults arising within one (1) year or within such longer period of lints as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date or acceptance of the goods fhmislted hereunder (acceptance not m be unmasaambly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this waraney. Except as otherwise pmvtried 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 guarantees, but such liability shall in no event include loss of proper or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Freshener may make changes to legal tends by women change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal leave including additions to. delaiers from the rameduce originally ordered in the spat Options or drawings, by verbal O N change order I any such change affects the amount due or the time ofperforntance hereunder, an equitable adjustment shall be mode. 6.'rERMINATIONS. The Purchaser may at any time by written change under, terminate this agreement as to any or all portion of the good then not shipped, subject as any equitable adjustment between the ponies as to any work or ammonia then in progress pmvided that the Purchaser shall act be liable for any claims for anticipated profit on the uncomplatN portion of the good atdsor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to my goods which are the Sellers ataMaN stock. No such termiratien shall mlieve the Purchaser, or the Sella ofany oftheir obligations we many good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nsmed within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Los and regulations to which the good are subject The Sella shall execute and deliver such darro nt n may be acquired to effect or evidence compliance. All laws and mgulations required 10 be interrogated in agreement of fair character sm hereby mcorporamd herein by Nis refemna. The Sella agrees 10 indemnify and hold the Purchaser harmless fmm MI test and damages suffered by the Purchaser av a retail of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wri ted consent ofthe other party. 10. FIT LE. The Seller wartanu full, clear and unrestricted rifle in the Purchaser for all equipment, materials, and items furnished in perfeandance of this agreement, fees and clear of any and all tiers, restrictions, reservations, security interest encumbaneres and claims orathers. The Seller shall release the Purehaser and to motrnams of any tier from all liability, and claims of my nature resulting fmm the performance of such wort This of. shall apply even in the event of fault of negliprna of the party released and shall extend to the dimear., oRcM and employees of such party. The Sellers command obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is isothermal or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seiler is required to use any design, device, material or pmcess covered by late,, pacer, 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 pro ess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason o'such inGmngemem many time during the prosautien or after to completion of the work. In case said equipment, or any Per thereof or the inended use of the Goods, is in such suit held to conuarm inGngpromm awl Ne was of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Pum eew the right to continue using said equipment or pars, replace she same with substantially ♦ ped bur noninGmging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or batkmpt, make an nalgnmew for the beneN of creditors, v,point a receiver sir tmstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without Iiabiliry. l61 GOVERNING LAW. The definition arm. used or the income atim of the Operate. and the rights of all parties hereunder shall be ..oil under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in pees where ale Seller is to perform work hereunder, including the waiters i f Sellers RepresensativeRk on the premises Mothers. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is fully completed and accepted, and shall, an a of any accident, denimlow or iryury In the work and/or materials before Seller's heal completion and acceptance, complete the work at Sellers own expense and t0 the satisfaction of the Purchaser. When mamdals and equipment are famished by others For installation or erection by the Seller, the Seller shall receive, unioN, store and handle come at the site and become responsible therefor as though such materials ruMw equipment were being f omed by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers -superwoman, including occupational disease benefits, to its employees employed on sir in connMion with Ne wod comenl by this purchase order, and/or to their dependent in accordance with the laws of the suite in which the work is to be done. The Seller shall also carry comprehensive general liability including, but nat limited to, conlradual and aummobile public liability insurance with bodily injury and death limit of at lean 53M,o00 for any one person, $500,000 for any accident and property damage limit per accident of S4Us e e Sella shall likewise require his carmacmn, if any, m provide for such compensation and insurance. Before any of the Sell, or his contractors employees shall do any work upon the premise of others, the Seller shall Nmish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the daft when such oinpensaion and moment have ban provided. Such cenificrom shall specify the date when such compensation and idsun nee, expires. The Seller agrees that such compensation and assurance shall be maintained writ after ale ratans work is completed and acapled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsaver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase oNer or in connection herewith. The Sella will indemnify and bold harmless the Purclaener and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charge or expenses, whether direct or indirect, and whether to persons or property to which the Puthaur may be par ar subject by reason 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, agents or employes. In case any suit or other prays ding shall he brought against the Terminate, or its officers, agents or employees at any time on account or by aavn of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its or Nair officers, agent or employees as aforesaid, the Sella hereby agrees as assume the defenso Nermf and to defend the same at the Sellers own expense, he pay any and all caret, charges,. cerni fees and when expenses, any and MI judgment Nut may be incurred by or misined again) Ne Purchaser or any of it or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or obtained against the propmy, of the Purchaser, or said parties in or as a result of such suit Or other proceedings. the Seller will at once cause the vine t0 be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall lake all safety precaution, famish and install all guards naesvry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitaion, the Occupational Safety and Haiti Act of 19p0 and all ales and regulation issued p inunn.hereta. Revised 07Q014