Loading...
HomeMy WebLinkAbout495725 STEVE SCHMIDT TRUCKING INC - PURCHASE ORDER - 9117205Fort Collins Date: 12/05/2011 PURCHASE ORDER PO Number I Page 9117205 'eft This number must appear on all invoices, packing slips and labels. Vendor: 495725 Ship To: STREETS DEPARTMENT STEVE SCHMIDT TRUCKING INC CITY OF FORT COLLINS PO BOX 740 625 NINTH STREET WINDSOR Colorado 80550 FORT COLLINS Colorado 80524 Delivery Date: 12/05/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price INV 1926 BRANCH CLEAN UP 1 LOT LS 6,420.00 EMERGENCY HAULING FOR OCTOBER SNOW STORM 9m-� V�. OAL-9-0, �e_ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 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 statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification,, either when shipped or due to defects of damage in transit, may be remmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of any of the wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, mgordless of when shipped, received or incepted, as to any prior or subsequent default hereunder, nor shall any purponod Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Fired Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the 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 Terns. Shipments must be F.O.B., City of Fort Collins 700 Wand St.. Fort Collins, CO 80522. unless acquired under federal or state anti0ust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance mre Where mxnufacrs have distributing points in various pans of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective good by a date to 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 Seiler. tend the Seller thereafter indicates its inability or umsillingir s to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all crusts as,oci.ted with such work_ Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses 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 any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by real m of an asserted or established violation of any such lass, regulations, ordinances, rules and acquirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona file and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional unions and conditions annexed hncto 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 to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the pumh.iw order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofagv delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonably control and without its fault afnegligeacc, such acts of". acts ofeivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller vvanam, that all goods, articles, 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 perforned with the highest degree of cme and competence in accordance with accepted standard for work of a similar nature. The Scllcr agrees to hold the purchaser harmless farm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarmnry. The Scllcr shall replace, repair or make good, unhand cost to the purchaser, any defects or faults arising within one (1) year or within such longer period Of time as may be prescribed by law or by the terms of nny applicable warranty provided by the Seller after the date Of acceptance ofthe goods furnished hemander (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dune Or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this mo mnty. Except as otherwise pmvidcd 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 went include loss ofprofits 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 any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bctsecn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fm anticipated pmfits on the uncompleted portion ofthe goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall reline the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dace the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller szmants that all good, sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and mgulations to which the grads are subject. The Seller shall execute and deliver such docu ncrox ies may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all cats and damages suffered by the Purchaser as a result afire 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 written consent of the other party. 10. TITLE. The Seiler warrants full, clear end minumicted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of Others. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, offerers and employees Ofsuch party. The Seller's contractual obligations, including wam, my. shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hemdcm 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 Forma, cost expense err damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any part thereof or the intended use ofthe goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt. make On assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Ofiemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe Stara of Colorado. USA. The following Additional Conditions apply only in cases when, the Seller is to perform work hereunder, including the services of Selicm Representntive(s), ern the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry ern said work at Sellers own risk until the same is fully completed and accepted, and shall, in case 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 materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the pnyment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with the work covered he this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is m be done. Thu Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,MO for any one person, S500.000 for any one accident and property damage limit put accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of mhos, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such cur ifieates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0cr 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 all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless, the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and wheher to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit err other proceedings shall be brought ngainst 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 any of its or their Officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpcny Of the Purchaser, or said panics in or as a result ofsueh 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 all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with nll laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010