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HomeMy WebLinkAbout320030 MORRIS TRUCKING - PURCHASE ORDER - 3215150PO PURCHASE ORDER 321515er Page City of PURCHASE 15150 1012 ' `tCollins( his number must appear, V " 1 1 on all invoices, packing sli sand labels. Date: 01/12/2015 Vendor: 320030 MORRIS TRUCKING 3900 IDEAL DR FORT COLLINS CO 80524 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 1 LOT LS 50,000.00 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 Total 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. COMMERCIAL DETAILS_ Tax exemptions. By stamlethe Ciry, of Fon Collins is exempt from state cod local taxes. Our Exemption Niumay-s 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cambers, of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon sidet performance of the terms and conditions hermL failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stomata 1973. Chapter 39-26, I14 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the mcepamce ofor payment for goods hereunder or approval ofthe design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure w meet specifications, either whim shipped or due he defects of any of the —des or obligations of this purchase order aM shall not be deemed a waiver of my right of the damage in transit, may h, retuned to you for credit and are met to be replaced except upon receipt of women porch ser to insist upon strict performance heriefor any of its rights or remedies as te, my such goods, regardless instructions fmm the Co, of Fon Collins. of when shipped, receivcE or acceptcL as to my prior or subsequent default hereunder, nor shall my pntponed oral modifcation or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Accept.., Receipt of the merchandise, seances or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authomed payment on the pan of the City of Fort Collins. Howewe, it is to be, understood thatFINAL Seller and the Parchraw recognian that in actual eco mic practice, overcharges resulting fmm mtivust ACCEPTANCE is expender, upon completion ofall applicable r paired inspection princedom, violations are in fan berme by the Purchaser. Theretofore, for good cause and as ennsdeadon for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafier Freight Terms. Shipments muss be F O.B., City of Fort Collins, And, Wood St, Few Collins, CO $0522. unless acquired order federal or stale antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpermi.csion is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser purnanfto this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date w be agreed upon by the expected fmm the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates iu inability or wwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be peffonted by the most expedilous means available to it and the Seller shall pay ill costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary, penmen¢, cenificates and Ilcemes required by all applicable laws, regulations, Ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having j onsdiction over the work of vendor. Seller further agrees to hold the City of Few Collins harmlers from and against all Iiabiliry and loss incurred by them by reason of an assened or established violation of my such laws, regulations, ordinances, rules and requi remits. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional temts and conditions annexed hereto Or incorporated herein by reference. Any additional or different terms and conditions proposed by caller are objected to and hereby rejected. 2. DELNERY. PLEASE ADVISE PURCHASING AGENT immediately if you carmot make con, lee shipment m arrive on your promised delivery der¢ as noted. Time is of the comes. Delivery and pedoammce must be, effected within the time stated on the purchase order and the docmnems anzched hereto. No acts of the Purchasers including, without Intention, acceptance of parval 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 and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable rental and without its fault of negligence, such acts of God, acts of civil Or military authorities, goverrmented priorities, fin, strikes, Bond epidemics, wars or riots provided that notice of the conditions causing such delay is given or the Purchaser within five (5) days of the area when the Seller fin received knowl dge there( In the event of any such delay, the dam of delivery shall be extendd for the period equal to the time actually lost by reason of the delay. J. WARRANTY. The Seller warrants that all goods, unities, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, it be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with weeptd standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wanact, The Seller shall replace, repair or make good, without cost to the purchase, my defects or faults ansing within one (1) year or within such longer period of time as may be prescribed by law or by the terms Of my applicable warrmry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defmive work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser that not constitute a waiver of my clam under this wurranry. Except as otherwise provided in this purchase order, the Sellers Iiabiliry hereunder shall emend to all dm aage us proximately caused by the breach of my of the foregoing warranties or guarantees, ben such liability shill 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including ediffmas to or deletions from the qumddn originally oNered m the apcci ratio rs or dawings, by verbal or -trim change order. If my such change alTects the atwwa due or the time ofperfolmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate Nis agreement as to any or all pnnions of the goods then not shipped subject o my equitable adjumnent between the panics as to my work or materials then in progress provided that lie Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of fine goods wd/or work, for incidental or consequential damages, and that no such adjustment be made in Favor of the Seller with mpec, to any goads which are the Sellers standard stock. No such mrminalno shill relieve the Purchaser or the Seller of coy of their obligations as to my goods delivered hereunder. 9. CLAIMS FOR AD3USTMEM'. Any claim For adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW_ The Seller —am that ill goods said hereunder shall have been produced sold, delivered and famished in amn compliance with all applicable laws and regulations to which the goods are subject. The Seller shall exectr a 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 are hereby incogaoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my ionic due or to become due hereunder without the poor wiimer consent of the other parry. Ion TITLE. The Seller warrants full, clear and unrestricted title t0 the Purchaser for all equipment materials, and items furnished in performance Of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the purchaser and its contractors of my tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event Of fault of negligence of the party released and shall extend an the directors, officers and employees of such parm. The Saliela contractual obligations, including wzrrmry, shall not be, deemed to be reduced, in my way, because such work is performed w caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, mamdal or process covered by letter, patent, trademark or copyright, the Seller shill indemnify and save harmless the purchaser from my and all claim for infingement by reason of the use of such memted design, device, material or proem in connection with the contact and shall indemnify the Purchaser for my cost, expense or damage which it may Ire obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan thertxf or the intended use of the goods, is in such suit held to constimrt infringement and the use of sold equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right to continue using said equipmem or pans, replace the same with substantially equal but amundinging equipment or modify it so it becomes noninfringing. 15, INSOLVENCY_ If the Seller shall became inathent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or person, for my of the Sellers pnpeny or bwimm, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be continued under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases whare the Seller is m perform work hereunder, including the services of Sellers Reprcentrawand, on the premises of othade 17. SELLERS RESPONSIBILITY. The Seller shall carry on sad work al Seller's own risk until the same is fully completed and accepted, and shall, in e of my accident, destmnlon or injury to the work rumor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchaser. When materials and aquipmm, are famished by others for installation w erxlon by the Stile, the Seller shall receive, tmload. store and handle same at the site and become responsible therefor as though such materials auditor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease bmefis, to its employees employed on or in connection with the work covered by this purchase order, andrar to their depwdetts in accordance with the laws Of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, obey anvil and aummobile public liability insurance with bodily injury and death limits of an less, $,ow. a for any one person. s5M.pOp for any one accident and property damage limit per accident of S40 IM The Seller shall likewise require his contractors. if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such c nificates shall specify the date when such compensation and insurance have been provided. Such cenlficaaes shall specify the date when such compensation and insurance expires. The Seller agrees thas such competsanon and insurance shall be maintained wad after the more work is completed and ated aad. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whosoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees fmm and against my and all claims, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumbazer may be put or subject by reason of my ant seem, neglect, omission or default Or the part of the Seller, my of his expiration or my of the Sellers or conductors oEcen. agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, when. neglect, omission or default of the Seller of my of his contractors or my of In or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume fire defense thereof and to defend the more a the Sellers own expense, m pay my and of costs, charges, attorneys fees and ether expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their Off cars, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against fire property of the Purchaser, or said parties in or as a result of such suits or othe proceedings, the Seller will al once cause the same m be donolvd and disshaoged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, ftunish and install all guards necessary for the prevention of accidents, comply wish all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act Of 1970 and all roles and regulations issued pursuant fhereb. Revised 07I2014