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HomeMy WebLinkAbout491048 MUDRUNNER TRUCKING - PURCHASE ORDER - 3215151PO PURCHASE ORDER 321515er Page City of PURCHASE 3215151 1 or 2 ' `t Collins I„s This number must appear V ` 1 1 on all invoices, packing �slipsand labels. Date: 01/12/2015 Vendor: 491048 MUDRUNNER TRUCKING 3121 NCR 19 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 i 2015 CONTRACTUAL 1 LOT LS 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 1. M COMERCIAL DETAILS - Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Cenifiews of Registry 84-6000587 is registered with the Collector of Integral Revenue, Denver, Colorado (Ref. Colorado Revised Stones 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure a meet specifications, either whm shipped or due or defects of dosage in transit, may he resumed to you for credit and a, not to be replaeed except crew receipt of wnnen instructions from the City effect Collins. Inspection. GOODS are subject to the City of Fun Collins inspection on arrival. Final Acceptance. Receipt of the muchmdim, sciences or equipment in response to this order can result in authorized O,mm, oa the pan of the City of Fort Collins. Hkowea, it is so be understood thed FINAL ACCEPTANCE is drymdmm upon completion of all applicable requred inspection procedures. Freight Tim,. Shipments mum be F.0 B, City of Fort Collins, VW Wood Sr. Fort Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge seriously, the original freight bill must accompany inemen Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dimlbutiog poises in various pars of the country, shipment is expected form the newest djsmbution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permio. Seller shall procure at sellers role con all necessary permits, ceNficams and licenses required by all applicable laws, regulations, ordinances and rules of due state, municipality, temtory, or political subdivision where the work is pedbrmed, or required by any other duly connitmed public authority having jurisdiction over she work of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss enderred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules carcinomatous, Authorization. All parnaas to this contract agree thaz she represenorjves are, in but, bona fide and possess full and complete authority to bind sad parses. LIMITATION OF TERMS, This Purchase Order myrody limits acceptance to the terns and conditions stated herein set form and my supplementary or additional mums and conditions grooved 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 jmmNimely if you rummer make complete shipment to arrive on yaw promised delivery dos as noted. Tome is of the woure, Delivery and performance met be effected wimex the rime stated on the purchase order and the documents attached hereto. No arts of the Processes including. without Ilmlenton, acceptance of pmia late deliveries, shall opeate as a waver of ears provisiors f the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller Itable for damages. Howevm the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negl Igence. such ecv of God, aces of crvd or military authorities, governtnema priorities, fires, strikes food epidemic, wars or riots provided than notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller fit reedvN knowledge harbor In the event of any such delay, the date of delivery shall be extradd for the period equal in the dime actually lot by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cue and competence in accordance with accepted standard for work of a similar nature. The Seller agrees a hold the purchaser harmless from my loss, damage or expense which the purchaser may suffer or more on account of the Sellers breech of summary. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the mans of my applicable wwreary provided by sue Seller after the dam of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials fumished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any, claim under this warty. Except as otherwise provided In this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties 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 women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quaromes originally ordered in me asenifications or drawings, by vehal or wourn change order. If any such change affects the moment due or the time of performance hereunder, an verdable admtmmt shall be made. 6. TER,MINATIONS. The Purchaser may at any time by writem change order, terminate this agreement as to any or all potions of me good thin not shipped, subject to my equitable adjustment between the ponies as to any work or materials than is progress provided that the Purchaser shall not be liable for any clams for anticipated profits on the uncompleted Fomou of me goods unfair work, for incidental or consequential damages, and that no such adjustment be made in favor rf the Seller with respect to my goods which are the Sellers standard stock. No such ournmadon shall mile, the Purchaser or me Seller crony of their obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be aasened within this 130) days from fine date the change or termination is ordered 8_ COMPLIANCE WITH LAW. The Seller warrmm that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such d«umm¢ m may be required a effort or evmmce compharm. All laws and regatatiores required in be ncorporated in agreements of this daacter are hereby incorporated herein by this reference. The Seller agrees no indemnify and hold the Purchaser harmless from all costs and damages suffered by she Purchaser as a result of me Sellers failure In comply with such law. 9. ASSIGNMENT. Neither parry shall resign, transfer, or convey this order, or my monies due or to become due hereunder without me prior women consent of the other parry. Io. TITLE. The Seller wmanu full, clear and announced title a me Purchaser for all equipment mammas, and items fumished in performance of this ageement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and dams of others. 11. N'ONWAIVER. Failure of the Purchaser W insist upon inner perfomance of the tames and conditions hers( failure or delay to exercise any rights or remedies provided herein or by law, bairns to promptly notify the Seller in the event of a breach the acceptance of or patentor for goods hereunder or approval of the deign, shall not release the Seller of my of rue encumber, or obligations of this purchase order and shall nor be deemed a waiver of any eight of the purchaser to joint most met performance hereof or my of its right, or remades is to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate an a waver of my of the moms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ero k summesummers,practice, overcharges resulting from ,iolmores are in fan home by the Purchaser. Theretofore, four good czuw and m ronndermon for es«uting this purchase order, the Seller hereby actions to sue Purchaser my and al calms it may now have or hereafter acquired under federal or gate antitrust laws for such overcharges talking to rue particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. 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 memories its inabi lisp or unwj llingmss to comply, the Purchaser may couse the work to be performed by rue most expeditious moms readable to it and the Seller Shall pay all cogs associated with sod work. The Seller shall release the Purchaser and its contractors of my net from all liability and clams of my nature esuhirig from the perfmmmce of such work. This release shall apply even in the event of fault of negligence of the parry releasal and shall extend no rue d owiturs, officers and employees afsuch parry. The Selleek convected obligations, including warranty, shall not bar decreased to be reduced, in any way, because such work e, performed or caused to be performed by the Purchase, 14. PATENTS. Whenever the Seller is required a use any deign, device, material or process covered by lets, pates, trademark copyright, dire Seller shal I indemnify and give harmless the Purchaser from my and all clams for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify due Pu.dcer for my con, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In cue said equipment or any pan thermf or fire (mended use of the good, is in such suit held a carbonate onfngement and the use of sad equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser fare right in continue using sad equipment or pans, replace foe same with substantially equal but nonmfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt make an asagnmmI for the bmefil of comfort, ap,jet a or ounce for any of for Sellers pro swty or bromewo. this order may forthwith be canceled by the Purchow"thout liability. I6. GOVERNINGLAW. The definitions of terms used or the imer,reormn of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprmensave(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until me same Is fully complied and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mmerias and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same ar the sire and become responsible therefor as though such unammd, and/or equipment were being recommit by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease Not to its employees employed on or on connection with the work covered by this purchase order, mdir a their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive genera liability including, but not limited to, contractual and automobile public liability insurance with bodily Injury and death limits of at least $300,000 for any one person, f500,000 for any eaccident and property damage limb per resident of S400,000. The Seller shall hoomic require his victors, if any, no, provide for such compensation and insmance. Before any of the Sellers or his contractors employees shall do any work upon the premiss, of others, the Seller shall famish the Purchaser wit a cmifcam that such compensation and insurance have been provided. Such Communes shall spenfy the date whom such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asesme more responsibility and liability for my and all damage. loss or injury ofany kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or no comtecrion h s ewjm. The Seller will indemnify and hold heard. me Functions, and any or all of the Purchasers officers, egw as and employees farm and against my and all clams, leases, damages, charges or expenses, whether direct or indirect, and whether to persons or proper, to which the Purchaser may be put or subject by reason of my act, action, neglea, omission or default on the pm of the Seller, any of his contractors, or my of me Sewers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought thins the Purchaser, or its officers agents or employees m my time an account or by reason of my act action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby ages to assume the defense thermf and or defend the same at the Sellers own expense, a pay any and all cases, charges, moseys fees and other expenses, my and all judgmenu mat may be incurred by or obtained agars 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 the property of the Purchaser, or said rani« 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 contra t rs shall take of safety precautions, furnish and incrall At guard necessary for the ptevention of accidents, comply wit oil laws and reguations with regard to safety excluding, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant therea. Revised 07n014