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HomeMy WebLinkAbout384033 J J'S TRUCKING - PURCHASE ORDER - 3215145PURCHASE ORDER NumberPO Page City of PURCHASE 321514215145 1012 This number must appear] V " 1 1 on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 384033 Ship To: STREETS DEPARTMENT J J'S TRUCKING CITY OF FORT COLLINS 221 W. DOUGLAS RD. #17 625 NINTH STREET FORT COLLINS CO 80524 FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price i 2015 CONTRACTUAL 1 LOT LS 30,000.00 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 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Cenificame of Registry 846 587 is registered wish the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Intemal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any ruts or remedies provided herein or by law failure to promptly nobly the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of l e design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the wamordies 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 are not to be replaced except .,an receipt of —ran purchaser to insist upon strict pedbmiance hereoformy of,. .,his or remedies in to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any pnor or subsequent default hereunder, nor shall any piewrod oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tenses Inspection. GOODS are subject to the City of Fan Collins inspection on armed, hereof Final Acceptance. Receipt of the merchandise, yervion or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser remgnim that in actual economic practice, overcharges resulting from earnest ACCEPTANCE is dependent upon completion ofall applicable required inspection proceduresviolations are in fact bome by dire 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 most be FO.B., City of Fan Collins, 70) Wood St, Fan Collins, CO 90522, unlem acquired under federal or stare antitrust laws for such overcharges relating to Me particular goods or services otherwise specified on this order. If pemussion is given to prepay freight and charge separately, the on&seal freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charge for packing will rem be accepted. Shipment Distance. Where manufacturers have distributing pair in various part of the country, shipment is expected from rise nearest distribution poins to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Person Seller shall procure at wilers sale cost all newssary permits, certificates and licenses required by ill applicable laws, regulations, ordinances and rules of the hard, municipality, mrdmry or political subdivision where the work is perf rased, or required by any other duly cunmlmted public aothoairy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an assened or established violation of any such laws, regulmiom, ordinances, rules and requirements. Authoritarian. All parties to this contract agree Mat the representatives are, in fact, bona fide and possess full and complete randomly in bind said parties. LIMITATION OF TERMS. This Prochase Order expressly limits acceptance m the at. and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different ernss 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 active an your promised delivery date az stored. Time is of the essence De eeryand performance most be effected within the time stated on the purchase order and the documents mumbed hereto. No saws of the Purchasers including. withom imitator, acceptnce of pmiel late deliveries, shill operate as a waver of this provision. In the event of any delay, the Purchaser shell have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes am in sonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acm of civil or military authorities, govemmenW priorities, fices, sthkea Boad epidemics, wars or riots provided thin nonce of the conditions causing such delay is given m the Purchases within five (5) days of the time when the Seller first received knowledge thereof In the even 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. 3. WARRANTY. The Seller waranrs that all goods, articles, materials and work covered by this order will morman with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller atoms or hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach i f wemanty. The Seller shall replace, repair or make good, without rest to the purchaser, any defects or faults arising within one (1) year or within such longer period of dime as may be prescribed by law or by the terms of eery applicable warranty provided by the Seller after Me time of acceptance of the goods furnished 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 rise Provides- shill not consulate a waver of my clam under this eviden . Except as otherwise provided in this purchase order, Me Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing uarrmties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrimm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to the terms, other Man legal terms, including additions to or deletions from the quituales originally ordered in Me specifications or drawings, by verbal or written change order. If coy such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may as any time by wrinor change order, terminate this agreement as to any or all portions of the goods Men not shipped subject to my equitable adjournment between the ponies as many work or materials then in progress provided Mac the Purchaser shall not be liable for my claims for anticipated profits on the =completed portion of she goods and/or work, for incidental or consequential damages, and that no such arbitrament be made in favor of the Seller with respect he any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller clarity of their obligations as to my goods delivered hereunder. 7 CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within rainy (30) days from late date the change or arminauon Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrens than all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations as which Me goods are subject. The Seller shall execute and deliver such documents as may be required to eRect or evidence compliance. All laws and regulations required to be ncerpoated in agreements of this character are hereby imorpomced herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cosrs and damages suffered by the Purchaser M a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, traisfeq or convey this order, or any monies due or in become due herewder without the pnor wnnat cement of the other parry. 10. TITLE. The Seller warrants full, clear and uarestncied title to Me Purchaser for all equipment, materials, and items furnished in performance of this agreement free and dear of any and all hens, restrictions, reservations. security interest encumbrmces and clams of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by the most expeditious means avalable to it, and the Seller shall pay all cos. associated with such work. The Seller shall release the Purchaser and its cor usawn of any net from all liabiliy and claims of any nature exulting from the performance of such work. This release shell apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shill not be deemed to be reduced, in any way, became such work is performed or caused to be performed by rate Purchaser. 14. PATENTS. Whenever Me Seller is required to use any design, device, material or process covered by tenet, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of Me one of such patented design, device, material or process in connection with the contract, 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 clue prosecoti= or efier the completive of Me work. In case said equipment, or any pan theocof w the mudded use of Me goods, is in such suit held to constitute infnngnow and the use of said equipment or pan is enjoined, the Seller shall, at its own experts and at in option, aAer procure for the Purchaser the right m continue using sad equipment or pans, replace the same witL substantially equal but noninfringing equipment, or modify it co it becomes nownGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Sellers property or business, this order may hoMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions options used or the muctpremcion of Me agreement and the rights of all parties hereunder shall be construed under and governed by Me laws of the State of Colorado, USA. The Following AdMtioml CoadmOm apply only in cases where the Seller is to perform work hereunder, including Me services of Sellers Representativen), on late premises ofothers. 17 SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in more of any accident, dormaction or injury to the work and/or materiels before Sellers find completion and ccepmance, complete the work at Sellers own expense and to Me satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shell receive, unload store and handle same to the site and become responsible therefor as though such materials anchor 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 benefits, to its employees employed on or in convection with the work covered by this purchase order, andbr to their dependents in accordance with the laws of the slide in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, mmradual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for my one accident and property damage limit per accident of UN.000. The Seller shall likewise require his contractors, if coy, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller smell Eurasia Me Purchaser with a ceruficam that such compmsauon and insurance have been prawdM Such certificates shill specify the date vi en such campensation and imrroust have been provided. Such cemfcates shall specify the date when such compemsuw and insurance expires. The Seller agrees that such compensation and insurance shell be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and dl damage, been or injury of my kind r nature whatsoever to persons or property caused by or raulung from the execution of the work provided for N this pumhase order or in correction hemordi The Seller will indemnify and hold hassled, Me Purchaser and my or ill of the Purchasers officers, agents and employees from and against any and Al Clair, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason a my act, action, neglect, omission or default on the part of the Seller, my of his contractors. or my of the Sellers or contractors officers, agents or employees. In ease my suit or other prvent ri a shall be brought against the Purchaser, or its officers, agents or employees at any now on comsat or by reason of my a4 action, neglect omission m default of the Seller of my of his contncmrs or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and m defend the same w the Sellers own expense, to pay my and all costs, charges, w omeys fees and ocher expenses, my and all judgments Mat 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 case judgment or other lien be placed upon or obtained against rise pmperry of the Purchaser, or said pasties in or as a result 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 ill safety precautions, fumisat and imtall all guards naescary for the prevention of accidents, comply with all laws and regulations with regard to wifely including, but without limtmion, the Occupational Safety and Health Act of 1970 and all Mes and regulations issued pursuanl thereto. Revised 072014