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HomeMy WebLinkAbout416140 STEVE BEITZ TRUCKING LLC - PURCHASE ORDER - 9122609City of art Collins Date: 05/04/2012 Vendor: 416140 STEVE BEITZ TRUCKING LLC 4640 E COUNTY RD 66 WELLINGTON Colorado 80549 PURCHASE ORDER PO Number Page 9122609 1 1of3 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 05/03/2012 Buyer: JOHN STEPHEN 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 2012 CONTRACTUAL 1 LOT LS 6,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 1,000.00 3 Contractual Labor 1 LOT LS 7,000.00 4 Contractual Labor 1 LOT LS 6,000.00 Total $20,000.00 c3. oi�.:a2s� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9122609 2 of 3 Collins This number must appear Fort /—,!�,J`' ` on all invoices, packing slips and labels. 9n"-� c3. o%'lk�_a.Q -a-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 11, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-6580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL UP EAI LS. Tax exemptions. By statute site City of Fon Collins is exempt from asau and Inc.[ arcs. Our 6wcmption Nonbcr is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenilicute of Registry 84-6000587 is registered wit]) the Collector of Failure of the Pmehuxr to insist upon strict part unnancc of the terns and conditions to rcul. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statues 1973. Chapter 39--26. 114 (a). exercise any rights or rcmadics provided herein or by law, failure m promptly noisy, the Seller in the event of a breach, she acceptance of or payment for goods hereunder or approval ofthe design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure m .,cut spccilicatius, either when shipped of due to defects of any of the warranties or obligations of this p uchasc order and shall not be deemed a xaivcr of any right of the damage in transit, may be returned to you for credit and an not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of is rights or remedies as to any such goods, regardless instructions from the City ofFort Collins, of when shipped, received are accepted, as air any prior or subsequent default hereunder, nor shall any purported oral onudilicution or ...eission 01 do, purchase order by the Purchaser operate as a waiver of any at the terms Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hrc.f. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNAIENTOFAN'I'I'rltUS'1'CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understood dot FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, sire Seller hereby assigns to the Purchaser any and all claims it may now have or hcmafler Freight Toms. Ship ... art, arms be F.O.H., City of Pon Collins, 700 Wood St., Fon Collins, CO N0522, unless acquired under federal or sale antirmat Imes for such overcharges relating to the particular goods or services mherwisc specified on this order. If perntissimt is given to prepay freight and charge separately, the original freight purehuscd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OHLIGA ]'IONS. Shipment Distance. Where manufacturers hmc distributing points in vanuus pans of the country, shipment is If the Purchaser dints the Seller to correct nonconforming or defective goods by a date to be agreed upon by tic expecnel from the nearest distribution point 10 dstinasion, and excess freight mill be deducted front Invoice when Purchaser and the Seller, and the Seller thereatier indicates its inability or unwillingness to comply, the Purchuscr shipments arc made from greater distance, may came the work to be perfonnd by she moss expcdifiuuw nreats available m it, and the Scllcr shall pay all ants nrariaad win. mc. w, A Permits. Seller shall procure at sellers sale cost all necessary permits, ce ificates and licenses requited by all applicable laws, regulations, odnu... aes and rules of the state, municipality, territory or political subdivision where she work is pedom.N, or required by any other duly constituted public authority having jurisdiction uv,r the work of vendor. Seller further agrees to hold the City of Fon Collins harmless firm and against all liability and loss incurred by them by on of an asserted or established saw aio r of any such laws, regulations, udi sau,s, ml,s and requirements. Authurizatimt. All panic to this contract agree that the reprsensativs an, in fan, bona fide and possess full and complete authority to bind said partica. LIMITATION OF PERMS. 'I his Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incur oaad herein by reference. Any additional or ditbrenf terms and conditions proposed by scaler 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. Tim, is ofthe essence. Delivery and performance muss be effected within the time stated on the purchase order and the dreunica s attached hereto. No acts of the Purchasers including, without lin.ialion, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchuscr shall have, in addition to other legal and equitable remedies, the option ofplaeiog this order elsewhere and holding the Seller liable for damages. tlowcrer. the Seller shall nut be liable for damage, s a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of,u gIigcncc, such act ufCd, act ofeivil or military authorities, governmental priorities, firs, strikes, flood, epidemics, wars or riots provided that notice of the conditions catering such delay is given to the Purchuscr within live 15) days of the time when the Seller fin reccivcd knew ledge thereof: In file event of any such delay, the data of ddivery shall be extended for the period equal so the fine actually lost by reason ofthe delay. 3. WARRANTY. Thu Seller warrants that all goads, uniels, materials and work covered by this odor will conform with applicable drawings, specifications, samples andror other deacninimu given, will be fit Im the purposes intended, rand performed wish the highest degree of cure and competence in accordance wish accepted standards for work of a similar nature. The Seller agrees to hold the purchaser humdess front any loss, damage or expense which the Purchaser say suffer or incur on account ofthe Sellers breach of warranty. "I he Seller shall replace, repair or make good, without cot to the purchase,, 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 rams of any applicable wurmnry provided by the Seller alter the date tat' acceptance us tire goods furnished hereunder (acceptance not to be unreasonably delayed), rewiring from imperfcef or defective work dune ar materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a wwaircr of..y claim under this wma ity. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamantics or guarmaces, but such liability shall in no event include loss of gratis or loss of use. NO IMPLIED WARRANTY OR MERCHAN"fAHILITY Olt OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I"he Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the tenor, usher than legal terns, including additions to or deletions front the quantities originally ordered in she specifications or drawings, by verbal or written change order. If any such change affect the aumunt due or the time ofperfunnan" hereunder, an equitable adjustment shall be made. .. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as so any or all portions of the goods then not shipped, subject to any equitable adjusment between the parties as to any work or material then in progress provided that the Purchaser shall not be liable cur any claims for unticiputed profits m, she u .....lend portion of the goals andfor work, lot incidental or consequential damages, and that no such udjustincnl be made in to, or of the Seller wish respect w. any goods which are the Sellers sandal smoke No such nrminmia l shall rdicve she Purchuscr or the Seller ofary oflheir obligutions as to any goods ddivcmd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mass be asserted within thiny (30) days from the date she change or 1em.inition is ordered. S. COMPLIANCE WITH LAW. The Seller ..rant. that all goods said hereunder shall have boon produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which she goods arc subject. 'I lie Scllcr shall execute and deliver such documents as may be outfitted to effect or evidence compliance. All laws and regulations required to be incorporated in agrecmcna of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Punhase, hamtles from all cuss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, fmrulir, or convey this order, or oily monies due or to become due hereunder without the prior w'rinen consent of the usher parry. 10, TITLE. The Seller warrants full, dear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomtotae of this agnemcnl, free and clear of any and all liens, restricfians, rcwcratiuns, security interest encumbrances and claims of .thin. 'ITa Seiler shall release the Puehaser and its contractors of any tier from all liability and claims of any mare resulting front the pert"onnance of such work. "I "his r•Icuc shall apply cecn in she event of fault of negligence of she party released and shall extend to the directors, officers and employees ofmch parry. 'I'Im Seller's contractual obligations, including warmmy, shall not be deemed to be reduced, in any way, because such work is performed err caused to be perl'omed by the Purchaser. 14. PA "TENTS. Wh,ncvcr the Scllcr is rcquind to use any design, device, material or process covcrd by letter, patent, trademark or copyright, the Scllcr shall indemnify .,,it save harmless the Purchaser from any and all claims for infringement by ninon of the use of such pafemtd 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 reason of such infringement at any time dutiag the prosecution or after the conhplcffun of the murk. In case said equipment, err any pun thereof or the intended use of the goods, is in such suit held to constitute in0ingcmcat and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at is option, either procure fur the Purchuscr the right m eonfinic using said equipment or par, replace she sans with substantially equal but natinliinging cquipnmm, are modify, it so it become, nonintringing. 15. INSOLVENCY. It the Seller shall become insolvent or bankrupt, make an asa gnmenl for file benefit of cooditurs, appoint a receiver or trust" for any of she Sellers property or bsinmss, this order may forthwith be canceled by the Purchuscr without liability. Ib. GOVERNING LAW. The definitions oftcrnu used or the interprcation ofthe anseencnf and the rightsofall panics hereunder shall be consumed under sand gmentud by the Islas of the Sate of Color du, USA. 'kite following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scrviecs of Sellers Reprsentative(s), on the prcntiscs of olbcra. 17, SHLLEIIS RESPONSIHILTI Y. 'III,- Seller shall carry ern said work at Sellars own risk until the vac is fully completed and accepted, and shall, in case of any accident, dsuunion or injury to the work and/or materials before Settees linal completion and acceptance, comptele the work at Settees own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc I'nmishd by .the,, for installation or crecumn by the Seller, the Seller shall receive, unload, store and handle some m the site and become responsible therefor as though such ntacrials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. 'Ili, Seller shall, m his oast expense, provide fur the payment ol'warkers c.mpeneawn, including occupational disease benefits, to is employes employed on or in connection with the work covered by this purchase older, and/or to their dcprWcnts in accordance with the laws ofthe state in which the work is to be done. The Scllcr shall also carry eompichensice general liability including, but not limited to, contractual and automobile public liability insurance with ho ily injury and death limits olut Teat S300,000 for any one person, $500,000 for any unc• accident and propcny damage limit per accident of $400.0ft The Scllcr shall likewise require his contractors, if any, to pnreide fur such c nipensation and insunmce. Before any of the Scllcrsur his contracors employees shall do any work talon the prcntiscs of othcn, she Scllcr shall furnish the Purchaser with a cenitieae urn such compeasoliun and insurance have be provided. Such eenitisrs shall specify the date when such compenvlion and insurance have been provided. Such ventilates shall specify she date when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST' ACCIDENTS AND DAMAGES. 'ILc Scllcr hcrcby ass unww the entire rc,,on,ihili , slid liability tin any and all darwge, lass or injury at any kind or nature winusase er to persons or propcny, caused by or resulting fmm the execution of she work provided for in this purchase offer or in connecion herewith. I lie Shcet will indemnify and hold hunt less the Purchuscr and any or all of the Purchase,, officers, agents and employes iron. and ligmtra any and all chains, losses, damage,, clurges or expenses, whether direct or indlrcr, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default rat the pan of the Seller any of bit contractors, or any .t' the Sellers or comtarors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchuscr, or its officers, agents or cn.pluyccs at any time on account Of by r n of any ern, a .. . nvg[act, omission or defauh of tire Seller of oof his contractors nr any of its or their aonice', agents or cn.ployces as ufuresum, the Sutler hereby ugres to assume the defense thereat' and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, ugrns 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 Purchuscr, or said panics in or as a result ufsuch suits or other proceedings, the Scllcr will at once cause the one to be dixot,ed and discharged by giving bond or mhcrwise. The Seller slid Ihis contractual shall fake all safety Peelatints, furnish and install all guards neceavry for the prevention of accidents, comply with all laws and reimitti u is with regard to solely including, but without limitation, the Occupational Solely and Health Act of 1970 and all rates and regulutiuns issued pursuant Ihctcm. Revised 03/2010