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HomeMy WebLinkAbout320030 MORRIS TRUCKING - PURCHASE ORDER - 3215322Fort Collins Date: 01/13/2015 Vendor: 320030 MORRIS TRUCKING 3900 IDEAL DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215322 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: PAT JOHNSON 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 Extended Ordered Price r 2015 Blanket Order linl[i1][illlllllllllllllllll 19 10,000.00 Hauling 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 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.00m 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 shoe the City arrow Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaer to insist upon strict performance of the more and condition, hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smates 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by Law, failure to promptly notify the Seller in the event of a breach, the acceptance of or 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 to defects of any ofthe commander; or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in trawit may be returned or you for credit and are sot to be replaced except upon receipt of written purchaser to insist upon strict perfnmrance her wfor any of its rights or remedies as to any such goods. regardless instructions fin the City of Fort Collins. of when shipped, received or weardd, us to any prior or subsequent default hereunder, nor shall any puryoned cal modlficalum or remission of this purchase other by the Purchaser eperam sa a waiver of my of the 1. Inspection. GOODS are subject to the City of Fort Collins impectioo m artivt. hereof. Final Amepance. Receipt of the merchandise, services or equipmem in response to this order can recall in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonaed payment on the part of the City of Fart Collins. However, it is to be understood that FINAL gms itself from rationed Seller and the Parclum, ..,aim that in actwl to is practice, o erchmreting ACCEPTANCE is depeadem upon completion of all applicable required inspection procedures . violations are in fact home by the Purchaser. Theretofore �foer good cause and as consideration for executing this purchase other, the Seller hereby assign, to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Pon Collins, CO 80522, unless acquired under federal or were antitrust laws for such overcharges relating to the par4icalar goods or mucie x infuriate specified on this Iodine If permission is given to prepay freight and charge sryarawly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most scampany invoice. Additional charges fin packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have afteribring points in serious Paris of the country, shipment is If the Purchaser directs the Seller to career nonconforming or defective goods by a&te to be agreed upon by the expected fmm the dement distribution point to conduction, and excess freight will be deducted from Invoice whom Purchaser and the Seller, and the Seller thereafter indicates its nobility or wearilinpons to comply, the Purchaser shipments are made from greater distance. - may come the work to be Performed by the most expeditious mean, available to it, add the Seller shall Pay all costs associated with such work. Permit. Seller shall procure at sellers sale cost all necessary permits, cernficams and licenses required by all applicable laws, regulations, ordinances and mles ofthe slate, municipality, ternary or political subdivision where the work is performed, or required by any tuber duly con,timted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Too Collins boredom fmm and against all liability and loss acted reasonasserted by them by of an or established violation of tiny or y such laws, regulations, ordinance, cities and requiremenes. Authorionion. All Facie to this mender agree tat the representative are, in facf been fide and Possess full and complete -,body to bind aid panne. LIMITATION OF TERMS. This Purchase Other expressly limits accepana to the tern, and conditions shard herein an forth and any supplementary or wild .... l terns end conditions annexed herein or incorporated herein by reference. Any additional or different tears and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot nuke complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, accep. of partial Ice delivmes, shall operate ns is waiver of Nis Provision. In the event ofany delay, the Purchacm shall have, in addition,. older legal and equitable moedies, the option i f,dati, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not Ix liable for damages as a result of delays due to onuses not reasonably foreseeable which me beyond its reasonable central and without its fault of negligence, such acts aGd, sett of civil or military mthoritie, govemmcnml priorities, fires, strikes, food, epidemics, wars or time provided that ounce of the conditions causing such delay is given to the Pir hose, within five (5) days of the time when the Seller fiat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the peril equal a the time mtually lust by reason of the delay. 3. WARRANTY. The Seller warrants that ell goods, articles, nationals and work covered by this color will to. with applicable drawings, slucifnation,, samples mNor other descriptions given, will be Fit for the purposes intended, ad Performed with the highest degree of can end comparator, in accordance with accepted standard for work of a similar aware. The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wadmnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pad of time as may be prescdba by law or by the tems of any applicable warmhty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials f ished by the Seller. Acceptance or use of goods by the Purchaser shall rim on,timte a waiver of any claim under this warranty. Except as oftwww provided in this puahase, order, the Sellers liability hereunder shall extend a all damages proximately crrod by the breach of my of the foregoing wananlier or gusar ms, but such liability shall in an event include loss ofpmfits or loss of am 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 any change to the terms, other than legal terms, including addition, to or deletions from the quantities ongindly ordered in the specifications or drowims, by verbal or written change same,ft any such change affects the amount due or the time ofperformance hereunder, an deportable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any into by wonen change made, terminate Nis agrtement m to any or all portion, of the goads then not shipped, subject to any ryuitable adjustment between the pander as to my work or materials then in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with narrow to any goods which are the Sellers standem stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be sssened within thirty (30) days fmm the date thc change or maturation is mdemd. 8. COMPLIANCE WITH LAW. The Seller w wants that all goads sold terminator shall have been produced, sold, delivered and fwnlshd in alder compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation, required to be ncerpormed in agreements of this character are bomb, incorywmted herein by this commas. The Seller agmes a indemnify and hold the Purchaser hadmlow from all costs and damages suffered by the Purchaser so a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shift assign, vawfer, or convey this order, or my monies due or to become due heremder without the Prior wriaea cower, of the other party. 10. TITLE. The Seller warrants full, clew and unrestricted till, to the Purchaser for all equipment, materials, and items famished in scrfrmarre of this agreement, free and clear of any and all liens, ratrictlons, reservations, second, inaresr encumbrances and claims ofolhen. The Seller shall release the Purchaser and its contractors of any 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 piny mleasd and shall extend to the directors, Ilftcers wed employees of such puny. The Stilels contactual obligations, including warranty, shall not Ise deemed to be reduced, w any way, because such work is pmfi mx[ or ceased to be pworind by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r 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 process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rason of such infringement at any time during the prosecution or after the completion of the work. In case said w ulpmern, or any For factor or the intended use of the goods, is in such suit held to candidate infringemem and the am of said equipment or pan is enjoined, fe Seller shall, m its own experue and at its option, either procure for the Purchaser the right to continue using said aryipment or pints, repine, the same with satisfactorily equal but noninGnging equipment, or mdify it so it becomes noninfriming. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoim a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. f. GOVERNING LAW. The detfitiaw of memo used or the interpretation of the agreement and the rights of all cries hereunder shall be construed under and govemM by the laws ofiha State afC.Imredo, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder. inclining the services of Sellers Representadive(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk add the same is fully completed and accepted, and shall, in e of my accident, destruction or injury in the work mNor materials before Sellers final completion and acceptamce, complete the work at Sellers own expense and m the musfaction of the Purchaser. When marenals and aryipment ate famished by others for undulation or motion by the Seller, the Seller shall receive, unload, store and handle same at the site and become repowible therefor as though such materials anNor equipment were being famished by the Seller under the extra. 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 connection with the work covered by this purchase wake, merlon to their dependents in accordance with the laws of the slam in which the work is to be done. The Seller shall also carry comprehensive general liability including, but out limited to, contractual and automobile public limiliry insurance with bodily injury and death limits of nr least S urn,000 for any one person. S500,000 far any one accident and property damage limit per Incident of 5400,000. The Seller shall likewise reform his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall ate any work upon the Femises of wthcrs, the Seller shall famish the Purchaser with a cur ifiare that such compenation and insurance have face provided Such certificates shall specify she time when such compensation and insuance have been provided. Such certificates shall specify the date when such compensation and insurance expire. no Seller agrees that such compensation and insurance shall be announced until after the entire work is completed and accepted. 19. PROTECTION AGAINSIACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or wore whatsoever to emores or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in coneeciw herewith. The Seller will indemnify sd hold harmless the Purcbuer and any or all of the Purchasers officers, agents anat cmployecs from and aganst any end all claims, losses, damage, charges or expemes, wherbe direct or idirect, ad whether m persons or pre arty a which the Parchmer may be put or subject by scow of my act, action, neglect, omission or default on the pan of the Seller, my of his wtawon, or my of the Sellers or contactors officers, agents or cmple mar. In came my suit or other proceedings shall be brought against the Purchaser, or its officers, agents 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 my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the tier,. theater and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obaind against the Pumhaser or any of its or their officers, mortis or employees in such suers or other proceedings, and in case judgment or other lien be placed upon or obtained sgairad the pmlxny of the Purchaser, or said panic in or as a result of such suits or other peso didup, the Seller will at ome cause the same to be dissolved and discharged by giving bow[ or Ithemiu. The Seller and his contractors shall take all to, prsmtimss, famish and install all gor as aecesary, for the pmmtiw of accidents, comply with all laws and regulations with regard in safety including, but without limitation, fc Occupatioul Safety and Health Act of 1920 and all rules and regulators issued no., therem. Revised 0712014